THE RIGHT TO AN ENVIRONMENT SAFE FOR LIFE AND HEALTH IN THE SYSTEM OF PERSONAL NON-PROPERTY RIGHTS OF AN INDIVIDUAL

Abstract

The article examines the peculiarities of the modern perception of the concept and content of the right of an individual to an environment safe for life and health. The right to a safe environment belongs to the category of constitutional rights defined by the current legislation of Ukraine as a personal non-property right, the effective implementation of which depends on public and private legal mechanisms for its protection. The right of citizens to an environment safe for life and health belongs to a person from the moment of his birth, regardless of the discretion of state authorities. This is actually the right of every citizen to demand compliance with environmental and legal prescriptions, which corresponds to the duty of everyone and the state to ensure it. Unfortunately, the legislation does not fully define the criteria for a safe environment. But the very definition of the concept of "safe" indicates that the main criterion is the absence of danger, while ecologically dangerous is considered to be "the state of the natural environment, which ensures the prevention of the deterioration of the ecological situation and the occurrence of danger to human health." Everyone has the right to live in an environment conducive to their health and well-being. In order to ensure the possibility of defending this right, the public must, among other things, have access to information, the right to participate in the decision-making process and access to justice on issues related to the protection of human environmental rights and the environment. As a result of the research, it was concluded that the subjective right of a person and a citizen to an environment safe for life and health has a complex structure, and its content must be considered taking into account the criteria of a safe state of the environment. Today, such criteria are the system of environmental, sanitary and anti-epidemic and other norms, standards, requirements, rules, prohibitions, etc. Such criteria are determined by standards and other mandatory regulatory documents. The need for further scientific research into the issue of ensuring the right of an individual to a safe environment is emphasized.