Application of the Principle of Proportionality in Regulating Environmental Conflicts: An Experience of Ukraine

This article has a theoretical and research character, and its main aim is to determine the legal nature of the principle of proportionality as an institutional mechanism for the coordination of interests in environmental conflicts from the standpoint of national Ukrainian legislation and law enforcement practice. The issue is analyzed by conducting a theoretical legal analysis of the principle of proportionality as a general legal principle. As the basis of environmental law, proportionality contributes to the implementation of the principle of sustainable development, as it determines the mechanism for the coordination and balancing of diverse interests. The study of international and Ukrainian legislation, which defines the normative grounds for the application of the principle of proportionality in legal relations, demonstrates that in national environmental legislation, in the regulation of environmental relations, the principle of proportionality is used to establish limitations on rights in order to protect the public environmental interest or to determine the proportionality of the right to an environment safe for life and health with other rights. The article analyzes the judicial practice of the European Court of Human Rights in environmental cases and the relevance of its application by the judicial institutions of Ukraine. This made it possible to verify the effectiveness of the proportionality criteria in the settlement of environmental conflicts.

Authors

Publication Details

Journal
Journal of Environmental Law & Policy
Published
2024-08-31
DOI
https://doi.org/10.33002/jelp040209
Citations
1
Primary Topic
Land Use and Management
Type
article
Field-Weighted Citation Impact
2.23
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Application of the Principle of Proportionality in Regulating Environmental Conflicts: An Experience of Ukraine

Nadiia Kobetska, Lesia Danyliuk, Zoryana Yaremak
1 citations
Journal of Environmental Law & Policy
Land Use and Management
2.23
article

Application of the Principle of Proportionality in Regulating Environmental Conflicts: An Experience of Ukraine

Nadiia Kobetska, Lesia Danyliuk, Zoryana Yaremak
article en
1 citations

Abstract

This article has a theoretical and research character, and its main aim is to determine the legal nature of the principle of proportionality as an institutional mechanism for the coordination of interests in environmental conflicts from the standpoint of national Ukrainian legislation and law enforcement practice. The issue is analyzed by conducting a theoretical legal analysis of the principle of proportionality as a general legal principle. As the basis of environmental law, proportionality contributes to the implementation of the principle of sustainable development, as it determines the mechanism for the coordination and balancing of diverse interests. The study of international and Ukrainian legislation, which defines the normative grounds for the application of the principle of proportionality in legal relations, demonstrates that in national environmental legislation, in the regulation of environmental relations, the principle of proportionality is used to establish limitations on rights in order to protect the public environmental interest or to determine the proportionality of the right to an environment safe for life and health with other rights. The article analyzes the judicial practice of the European Court of Human Rights in environmental cases and the relevance of its application by the judicial institutions of Ukraine. This made it possible to verify the effectiveness of the proportionality criteria in the settlement of environmental conflicts.

Journal of Environmental Law & PolicyVol. 04(02)
Life in Land
Openalex Percentile: Top 11%
Land Use and Management
2.23
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Application of the Principle of Proportionality in Regulating Environmental Conflicts: An Experience of Ukraine — Nadiia Kobetska, Lesia Danyliuk, et al. · Journal of Environmental Law & Policy (2024) | TGRS Research Map | TGRS