Pavlova O. The legal bases of ecological state formation with the public participation.

The complex research of legal nature, conceptual apparatus, and peculiarities of legal basis of ecological state evolution and development has been carried out based on research data, legislative and other regulatory acts. The genesis of the civil society greening depends on the development of the state and the ecological awareness of society. Civil society greening as prerequisite of ecological state has been divided into four main stages, which had been evolved through the evolution of Ukrainian statehood. The author highlights the need of relate to the basic conditions of civil society greening, which are as follows: 1) the greening of the political process, reflected in the transformation of the environmental component of the process in an integral element of the national security system and civil society; 2) the greening of the legal space, forming ecological and legal space when ecology becomes a national importance; 3) there is a need for control of the environmental component in the framework of the modern civil society development; 4) leading value acquires the state ecological function, aimed at ensuring environmental safety as a part of the national security system;5) implementation of state ecological functions has been updated by the environmental policy, that is impossible without considering public interest. The scientific and theoretical analysis has resulted in interpreting the concept and the legal nature of ecological state as political and legal description of a public system, which determines the direction to ensure the ecological awareness of the civil society and the responsibility to follow the law. It has been summarized that ecological democracy differs from national legal democracy in removing concerted traditional political boundaries between public and private interests, both domestic and international legal doctrine, the isolation of their own values and the values of civil society for the nowadays demands. It is necessary to emphasize that the concept of "ecological democracy" is wider than public participation in decision-making, the right on access to ecological information and access to justice in environmental issues to protect one's environmental interests. The author argues that public participation in the development of ecological state is comprised of individuals or legal persons who are directly or indirectly authorized by the applicable law to participate in the activities of the government in the field of realization its ecological function. The representatives of the public can be: citizens, stateless persons, ecological associations or associations with proven ecological interest and other legal entities. The analysis of international experience provides with conclusions on the essential character of the social dimension for public environmental policy. Moreover, the active participation of the public and civil society itself constitute an integral part of environmental policy, which requires interaction of economic, environmental and social areas of ecological relations. The research considers draft amendments to the legal framework of public participation in the environmental management to serve as a foundation for sustainable development in international environmental governance, and, consequently, to establish an institutional basis for the formation of public participation in shaping new doctrinal understanding of the concept. Also, it has been stated that the state is the driving force of international environmental governance and public participation will serve as a catalyst for the development of ecological state.