Tretyak T. The Right's to Environmental Safety Realization

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0411U002795

Applicant for

Specialization

  • 12.00.06 - 3емельне право; аграрне право; екологічне право; природоресурсне право

08-06-2011

Specialized Academic Board

Д 26.236.02

Institute of State and Law. V.M. Koretsky National Academy of Sciences of Ukraine

Essay

The thesis deals with the right's to environmental safety realization, its forms and guarantees. On the base of the analysis, the author makes a conclusion that the right to environment safety for health and life is stipulated only for the environment of certain type. Said right would be considered violated only when negative environmental modifications take place. According to the laws of Ukraine the right to defense of the subjective rights arise only when subjective rights are violated. Having environment safety for health and life, a person cannot petition in court in order to defend his or her right until the negative environmental modifications would have happened. Keeping in the mind above mentioned, the thesis contains the analysis of the tools by which the defended by the law interests in environmental safety is being executed. One of them is the right to environmental safety, which doesn't adopted by the law directly, nonetheless it was set up by the designation of the obligations of the obligated persons connected with defended by the law interests in the environmental safety of the other person and rights to defense of these interests.

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