执行《奥胡斯公约》

R. Yerezhepkyzy, V. Shestak, A. Egorov, A. Sadvokassov
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引用次数: 0

摘要

《联合国欧洲经济公约关于在环境事项上获得信息、公众参与决策和诉诸司法的公约》,以及保护享有健康环境的权利。然而,俄罗斯联邦仍然不是该公约的缔约国。对俄罗斯联邦遵守《奥胡斯公约》的立法进行了分析,以确定不批准该协定的原因。该条款旨在:1)论证俄罗斯联邦批准《奥胡斯公约》的必要性;2) 制定有效的法律机制,以确保其条款得到执行。通过应用概念方法,分析了《奥胡斯公约》的条款,研究了其关键要求,并确定了该条约在协调关系“人类环境”领域的基本作用。通过综合运用概念法和比较法,对俄罗斯联邦、哈萨克斯坦共和国和白俄罗斯共和国的环境立法进行了分析。通过统计和比较方法的结合应用,确定并比较了所研究国家在《奥胡斯公约》范围内的环境政策的有效性。研究结果表明,俄罗斯联邦有必要批准《奥胡斯公约》,并提出了执行《公约》的措施。此外,会议还着重指出,有必要采取全面办法执行本公约的各项规定。获取环境信息、诉诸司法、刑事责任、环境立法、健康环境;国际法
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Implementing the Aarhus Convention
The United Nations Economic Convention for Europe Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Aarhus Convention) is a peremptory international treaty that enshrines the procedural public rights to access environmental information, to make decisions regarding the environment, and to protect the right to a healthy environment. However, the Russian Federation is still not a party to this Convention. The analysis of the legislation of the Russian Federation in the context of its compliance with the Aarhus Convention is carried out to identify the reasons for not ratifying this agreement. The article aims to: 1) argue the need to ratify the Aarhus Convention by the Russian Federation; 2) develop an effective legal mechanism to ensure the implementation of its provisions. By applying the conceptual method, the provisions of the Aarhus Convention were analysed, its key requirements were studied, and the fundamental role of this treaty in the field of harmonizing relations ‘human-environment’ was determined. Through the combined application of conceptual and comparative methods, an analysis of the environmental legislation of the Russian Federation, the Republic of Kazakhstan, and the Republic of Belarus was carried out. Through the combined application of statistical and comparative methods, the effectiveness of environmental policy in the studied states in the context of the Aarhus Convention was identified and compared. As a result of the study, the need for the ratification of the Aarhus Convention by the Russian Federation was stated along with measures proposed for Convention implementation. In addition, attention was focused on the need for a comprehensive approach to the implementation of the provisions of this Convention. access to environmental information, access to justice, criminal liability, environmental legislation, healthy environment; international law
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