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Law and Politics
Reference:
Vyphanova, G.V.
Problems of the ensuring the access to environmental
information at the turn of the twentieth anniversary
of the Constitution of Russia
// Law and Politics.
2014. № 1.
P. 71-79.
URL: https://en.nbpublish.com/library_read_article.php?id=52140
Vyphanova, G.V. Problems of the ensuring the access to environmental
information at the turn of the twentieth anniversary
of the Constitution of Russia
Abstract:
The necessity of the realization and protection of fundamental rights and freedom of citizens became actual
in the twentieth anniversary of the Russian Constitution. The article examines the legal problems of ensuring access to
environmental information, including the realization of the constitutional right of citizens to reliable information about
the state of the environment. Access to such information is a condition for the realization of other constitutional rights of
citizens – the right to a healthy environment, to damage compensation caused to their health or property by any environmental
offense, as well as the right to health protection. The guarantee of access to the environmental information should
constitute Russia’s accession to the Aarhus Convention. Due to this fact there are some suggestions to improve environmental
law, taking into account foreign experience. A comparative analysis of the Russian ecological, sanitary-epidemiological,
information and other legislation, as well as foreign legislation in the field of environmental information, providing
access to environmental information in accordance with the provisions of the Aarhus Convention, has been made. The
improvement of Russian legislation, aimed at the legal regulation of relations in the field of environmental information in
a systematic manner, has been proposed. The necessity of development and adoption of the federal law on environmental
information is proved, its structure is given, the composition of environmental information is determined, the proposals
have been made to align the sub-legislative regulatory legal acts with this law, as well as to increase the effectiveness of
administrative responsibility for offenses in the field of environmental information and to fill the existing gaps.
Keywords:
environmental information, environmental legislation, the Aarhus Convention, constitutional rights, the environment, access, guarantees, protection, law and foreign legislation.
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References
1. Minbaleev A.V. Dostup k ekologicheskoy informatsii po zakonodatel'stvu Respubliki Tadzhikistan // Ekologicheskoe pravo. 2012. № 2. S. 25-28.
2. Vypkhanova G.V. Ekologicheskaya informatsiya: problemy teorii i zakonodatel'stva / Pod red dokt yurid nauk, prof, zasluzhennogo deyatelya nauki RF M M Brinchuka-M Izdatel'skiy dom «Gorodets», 2009-240 s
3. Volkov K.V. Pravovoe regulirovanie dostupa k ekologicheskoy informatsii (sravnitel'no-pravovoy analiz): Dis. … kand. yurid. nauk. M., 2009. – 217 s.
4. Bogolyubov S.A. Tolkovanie ekologicheskikh polozheniy Konstitutsii Rossii v svyazi s ee yubileem // Ekologicheskoe pravo. 2013. № 3. S. 2-11.
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