| Article title | On the Legal Support for the Activities of a Territorial Community as a Subject of Environmental Information Management |
|---|---|
| Authors |
KARIM YEMELIANENKO
candidate of law, doctoral student at the department of international law and comparative law of the national university of life resources and environmental management of ukraine (kyiv, ukraine) orcid id: https://orcid.org/0000-0002-7035-6470 karimkiev@ukr.net
VIKTOR LADYCHENKO
Doctor of Law, Professor, Head of the Department of International Law and Comparative Law, National University of Life Resources and Environmental Management of Ukraine (Kyiv, Ukraine) ORCID ID: https://orcid.org/0000-0002-7823-7572 ladychenko@nubip.edu.ua
BOHDAN YARYNKO
Candidate of Law, Researcher at the National University of Life Resources and Environmental Management of Ukraine (Kyiv, Ukraine) ORCID ID: https://orcid.org/0000-0002-6448-9111 bohdansatnewwork@gmail.com
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| Magazine name | Legal journal «Law of Ukraine» (Ukrainian version) |
| Magazine number | 4 / 2025 |
| Pages | 132 - 147 |
| Annotation | The article is devoted to the study of the issue of legal support for the activities of a territorial community as a subject of environmental information management. The article analyses the legal basis of international and national legislation and some norms in the context of approximation of national legislation to the EU acquis on the disposal of and access to environmental information. The authors of the article have studied the provisions of national legislation from the provisions of the Constitution of Ukraine and the principles of the State Environmental Policy Strategy of Ukraine and the provisions of laws containing legal regulation of the status of information and environmental information in general to the provisions defining the powers of entities managing environmental information, the powers of a territorial community as a subject of environmental information management, as well as the powers to use, access, collect and disseminate and restrict environmental information held by the public authorities. The authors thoroughly review the legislative innovations regarding access, dissemination and disposal of environmental information by local self-government bodies. The authors thoroughly examine the legislative innovations regarding access, dissemination and disposal of environmental information by local self-government bodies. In particular, the authors also draw attention to the theoretical and practical aspects of understanding and applying approaches to defining the conceptual and categorical apparatus of environmental information and the subjects of environmental information management at the level of local selfgovernment bodies. The purpose of this article is to analyse the international and national legal acts that define a territorial community, in particular, represented by local self-government bodies, as a subject of environmental information management. The results of the study are based on the analysis of current international and national legislation, provisions of legislative innovations that have not yet entered into force, and the approaches and use of such entities as local governments as environmental information managers. In particular, the authors draw attention to the possibilities of accessing and obtaining data containing environmental information about a territorial community or a part of it, legislative restrictions on the use and disposal of environmental information by local self-government bodies as subjects of environmental information management, access to data on the state of the environment during the martial law regime, and the need for greater accessibility to official data containing environmental information about a territorial community. The authors provide an example based on the results of a comprehensive study of the openness and proper legal support of entities managing environmental information, including the study of the openness of data with environmental information at the level of local councils. Based on the conclusions regarding the openness of environmental information data at the level of local governments, the authors emphasise the urgent need to expand access to environmental information, in particular, to implement measures for accounting and environmental restoration of territorial communities that have suffered irreparable environmental damage by the aggressor state. |
| Keywords | territorial community; environmental information; local self-government body; subject of environmental information management; access to environmental information |
| References | Bibliography Journal articles 1. Krasnova M, Krasnova J, Golovko L, Kondratiuk T, ‘Legal Problems in the Implementation of the Environmental Impact Assessment in Ukraine: A Critical Review’ [2021] 4(2) Grassroots Journal of Natural Resources 91–102 https://doi.org/10.33002/nr2581.6853.040207 2. Ladychenko V, Golovko L, ‘Implementation of European Environmental Policy in Ukraine: Problems and Prospects’ [2017] 6(3) European Journal of Sustainable Development 333 https://doi.org/10.14207/ejsd.2017.v6n3p333 3. Ladychenko V, Golovko L, ‘The Right of Access to Environmental Information in Ukraine and the EU’ [2018] 7(3) European Journal of Sustainable Development 455 https://doi. org/10.14207/ejsd.2018.v7n3p455 4. Yemelianenko K, ‘Peculiarities of ensuring environmental safety by territorial communities during martial law’ [2024] 5 Юридичний науковий електронний журнал 71–75. 5. Brovko N, Tereshchuk M, ‘Pravo na ekolohichnu informatsiiu yak skladova konstytutsiinoho prava liudyny na informatsiiu’ [2022] 55 Naukovyi visnyk Mizhnarodnoho humanitarnoho universytetu 24 (in Ukrainian).
Conference papers 6. Veremiienko S, Kuhuk N, ‘Pravo hromadian na ekolohichnu informatsiiu: poniattia ta problemy realizatsii’, Suchasni naukovi doslidzhennia predstavnykiv yurydychnoi nauky – prohres zakonodavstva Ukrainy maibutnoho: Materialy mizhnar. nauk.-prakt. konf., m. Dnipro, 10–11 sich. 2020 r. (Pravovyi svit 2020) 57–60 (in Ukrainian).
Websites 7. Dostup do ekolohichnoi informatsii v Ukraini pid chas viiny (20 hrudnia, 2024) <https:// www.irf.ua/dostup-do-ekologichnoyi-informacziyi-v-ukrayini-pid-chas-vijny> (accessed 27.04.2025) (in Ukrainian). 8. Dostup do ekolohichnoi informatsii v Ukraini pid chas viiny. Zvit HO “SaveDnipro” <https://www.youtube.com/watch?v=63Vla7oIkZA> (accessed 27.04.2025) (in Ukrainian) |
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