PROSKURA H. Administrative and legal bases of realization the human right of access to ecological information in Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U100362

Applicant for

Specialization

  • 12.00.07 - Адміністративне право і процес; фінансове право; інформаційне право

24-02-2021

Specialized Academic Board

Д 26.062.16

National Aviation University

Essay

The thesis generalizes the right of access to environmental information as a social and legal phenomenon. The author explored the administrative and legal framework for the implementation of the right of access to environmental information using the scientific works of scientists involved in the information, administrative and environmental law, and representatives of the science of public administration, civil and other relevant branches of law. The purpose of the dissertation is to determine the essence, features and ways to improve the administrative and legal framework for the realization of the human right to access environmental information in Ukraine using modern methods of scientific knowledge based on the analysis of doctrinal views of scientists and norms of the Ukrainian and international law. The dissertation systematizes scientific research on the essence of administrative and legal bases of the realization the human right of access to ecological information in Ukraine, the methodology of the analysis of administrative and legal bases of the realization the human right to access to ecological information is developed, the features of administrative and legal bases of realization the human right to access to environmental information; the institutional and legal provision of the human right to access to ecological information is clarified, the administrative and legal ways of realization the human right of access to ecological information in Ukraine and their legal guarantees and restrictions are investigated; the signs, features and consequences of legal liability for offenses in this area are identified, the experience of foreign countries in the field of the human rights to access environmental information are analyzed, the conclusions on the identified strengths and weaknesses in the regulation of administrative and legal principles of the human rights of access to environmental information are formulated. The author has also identified the ways, principles, directions of further reforming the legislation of Ukraine in the field of access to environmental information, developed proposals for improving the legislation of Ukraine in this area, as well as the practice of its application. The thesis proves the impact on the implementation of the right to environmental information in Ukraine of the following processes: the legacy of the legal approaches of the Soviet Union, the European integration of Ukraine; the administrative and legal reform, the information world processes, Aarhus processes. The peculiarities of administrative and legal ways of realization human right to ecological information in the historical context are traced and the periodization of formation and development of the right to ecological information is offered. Perspective directions of improvement of the administrative and legal mechanism of realization of the human right to access to ecological information in Ukraine on the basis of experience of foreign countries and the analysis of the historical development are outlined. The legislation of Ukraine in the field of access to environmental information on its compliance with the Aarhus Convention is analyzed. The urgent need to divide environmental information into types at the legislative level is substantiated. The role of subjects (including public organizations) in the field of realization the human right to access to ecological information is singled out and detailed. The role of the public in ensuring the realization the right to environmental information is defined.

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