Demchuk T. Legal support for the implementation of the right to access the environmental information

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U102478

Applicant for

Specialization

  • 081 - Право. Право

16-10-2021

Specialized Academic Board

ДФ 41.086.048

National University «Odessa Law Academy»

Essay

Qualifying scientific work on the rights of the manuscript. The dissertation on competition of a scientific degree of the doctor of philosophy on a specialty 081 - the Law. - National University «Odessa Law Academy», Odessa, 2021. The dissertation provides a comprehensive scientific analysis of the legal support of the right to access environmental information, formulates theoretical generalizations and practical skills that generally solve an important scientific problem and is designed to improve the framework of relevant public relations. There was periodized the emergence and development of the category "environmental information", in particular: Stage I (1950-1972) - the proclamation of the right to receive and transmit information (including environmental), provided for in the provisions of the Council of Europe Convention of 1950; Stage II (1972-1990) - consolidation of the Stockholm Declaration of 1972 the right to disseminate information and ensure access to free and unobstructed exchange of information. This stage is characterized by the recognition of environmental human rights, so information about the state of the environment is classified as information that needs to be distributed; Stage III (1990-1998) was marked by the enshrinement of the concept of "environmental information" in Council Directive 90/313 / EEC. A characteristic feature of this stage is the inclusion of the term "environmental information" in the legal matter, as well as filling this definition with a broader meaning; Stage IV (1998 - present) - is associated with the adoption of the Aarhus Convention, which directly contains the basic interpretation of the term "environmental information" and its ratification by almost all European countries. A distinction was made between the concepts of "ecological information", "information on the natural environment", "information on the environment", "information on the state of the environment". It was also determined that the term "environment" is broader than the terms "nature environment" and "environment" and includes the latter. The list of components of the environment is not exhaustive and covers everything that surrounds a person, it’s life, food and more. The expediency of using the term "environmental information" is substantiated.

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