国际法律保障人权和公民环境知情权的行使

A. Butsmak
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摘要

本文提出了一个迫切需要解决的问题,即如何在国际法律文件中保障获取环境状况信息的权利。因此,本文的目的在于涵盖和分析国际法律规范,这些规范为行使获得环境信息的人权和公民权利以及获得有关国家当局活动的信息提供保障。研究这一问题的方法是分析目前的国家立法,表明国际法律规范在国家条例中符合其条件。一般材料的介绍包括直接或间接与人权和公民知情权的实施有关的国际法律文件的规范性内容,并为行使环境知情权建立保障,以及媒体在报道国家当局活动中的重要性。本文分析了这些国际规范在国家立法中的运用状况。对环境信息知情权行使的法律保障进行了探讨。列举了受侵犯的环境信息获取权的保护实例。为了行使获得信息的权利,重要的是不仅要在立法中巩固这些规范,而且要有一种保障和执行这些规范的机会制度,这些制度应由公共当局提供。国际法律文书只规定了保护权利的一般办法,它们的进一步发展和巩固无疑是国家机构的责任。但是,随着时间的推移,理解环境信息、扩大环境信息清单和有权接收环境信息的对象的方法发生了变化,因此,这一领域的工作应继续进行,以便有更广泛的机会行使获取环境信息的权利。本文的材料对那些以任何形式被拒绝或难以获得所需信息的人具有实用价值,根据乌克兰宪法第50条,他们有权这样做,该条规定,保证每个人都有权自由获得有关环境状况的信息。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
International legal guarantees for the exercise of the human and civil right to environmental information
This paper raises an urgent issue of securing guarantees for the exercise of the right to access information on the state of the environment in international legal documents. Accordingly, the purpose of this paper is aimed at coverage and analysis of international legal norms that establish guarantees for the exercise of human and civil rights to environmental information, as well as access to information about the activities of state authorities. The method for investigating this issue is to analyse the current national legislation, which suggests that international legal norms meet their conditions in national regulations. The presentation of the general material includes the normative content of international legal documents that directly or indirectly relate to the implementation of the right of human and citizen to information and establish guarantees for the exercise of the right to environmental information, as well as the importance of media in covering the activities of state authorities. This paper analyses the state of exercise of such international norms in national legislation. Certain legal guarantees for the exercise of the right to receive environmental information are investigated. Examples of protection of the violated right of access to environmental information are given. To exercise the right to information, it is important not only to have the norms consolidated in the legislation, but also to have a system of guarantees and opportunities for their implementation, which should be provided by public authorities. International legal instruments establish only general approaches to the protection of rights, and their further development and consolidation is undoubtedly the responsibility of national bodies. However, over time, approaches to understanding environmental information, expanding its list, and subjects who have the right to receive it change, and therefore work in this area should continue for a wider opportunity to exercise the right of access to such information. The materials of this paper are of practical value for persons who were denied or made difficult in any form to obtain the desired information, having the right to do so per Article 50 of the Constitution of Ukraine, which stipulates that every person is guaranteed the right to free access to information about the state of the environment.
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