Ecological Rights as the Objects of Judicial Protection (Considering Practice of the European Court of Human Rights)

Abstract

The article presents a scientific analysis of the theoretical and legal opinions and regulations of domestic legislation concerning ecological rights and their kinds.A particular attention is paid to the analysis of ecological rights, which are declared in the Constitution of Ukraine. The research substantiates that the right to an environment that is safe for life and health, which is recognized in the Article 50 of the Constitution of Ukraine, is a principal and inherent right of people.It is confirmed that human ecological rights are of great social importance, and their appropriate defense should contribute to ceasing social tension in the society, which can be caused by different negative factors, particularly in the periods of pandemic and other mass spreading of infectious diseases. The authors of the article make suggestions that judicial form is definitely a leading form of the ecological right protection. Judicial protection of ecological rights can be implemented under the civil, economic or administrative procedure.According to the Article 55 of the Constitution of Ukraine, ecological rights can be the objects of defense at the European Court of Human Rights in case when, after exhausting all domestic legal remedies, a person has not got the adequate judicial protection.It is determined that ecological rights are not separately highlighted in the Convention for the Protection of Human Rights and Fundamental Freedoms, whereas in its numerous decisions the European Court of Human Rights has noted violation of the ecological rights in combination with violation of other human rights, declared by the Constitution, e.g. the right to life.It is concluded that the European Court of Human Rights recognizes and highly appreciates ecological rights of people, and therefore, considering the precedent value of the Court judgement, it is necessary for Ukrainian courts to be more active in implementing the practice of the European Court of Human Rights while handling trials on defense of human ecological rights.