Implementing the aarhus convention
Yerezhepkyzy R. Egorov A. Sadvokassov A. Shestak V.
August 2021Kluwer Law International
European Energy and Environmental Law Review
2021#30Issue 4120 - 127 pp.
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 Conven-tion) 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 Conven-tion. 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 effective-ness 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 addi-tion, attention was focused on the need for a com-prehensive 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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Department of Financial and Ecological Law, Al-Farabi Kazakh National University, Almaty, Kazakhstan
Department of Public Law Disciplines, Pskov Branch of the Academy of the Federal Penitentiary Service of Russia, Pskov, Russian Federation
Institute of Management, The Academy of Public Administra-tion under the President of the Republic of Kazakhstan, Nur-Sultan, Kazakhstan
Department of Criminal Law, Criminal Procedure and Criminology, MGIMO University, Moscow, Russian Federation
Department of Financial and Ecological Law
Department of Public Law Disciplines
Institute of Management
Department of Criminal Law
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