Improving legal mechanisms for exercising the powers of the Ukrainian Parliament Commissioner for human rights in environmental protection

The article examines the legal status and powers of the Ukrainian Parliament Commissioner for Human Rights (Ombudsman) in the field of ensuring citizens’ environmental rights. It analyzes the regulatory framework governing the Ombudsman’s activities and highlights his key role in the system of human environmental rights protection in Ukraine. Particular attention is paid to the practical aspects of exercising these powers, the challenges faced by the institution, especially under martial law, and the prospects for strengthening its role in environmental security and sustainable development. The article emphasizes the unprecedented environmental damage caused by the war, which creates new and complex challenges for the protection of environmental rights and the natural environment. The aim is to analyze the powers of the Ukrainian Parliament Commissioner for Human Rights in the environmental sphere and to substantiate the strengthening of his role through the institutionalization of an environmental ombudsman. The legal foundations of the Ombudsman’s activities, his independence, and the universality of his mandate, which extends to environmental rights, are highlighted. The main powers are systematized: consideration of appeals, parliamentary control, response measures (submissions, appeals to court, public statements), and promotion of legislative improvement. Current challenges are analyzed: the scale of war-related damage, the need for coordination, low public awareness, and problems with the implementation of recommendations. It is argued that the prospects for strengthening the role of the Ukrainian Parliament Commissioner for Human Rights are linked to the specialization of his apparatus. The introduction of the position of an environmental ombudsman in Ukraine will not duplicate, but rather complement and deepen the existing protection system, providing the necessary specialization and operational flexibility. Unlike the Ukrainian Parliament Commissioner for Human Rights, who has a broad mandate, an environmental ombudsman will be a highly specialized expert. This will allow for the accumulation of deep knowledge in environmental law, environmental protection standards, technical aspects of pollution, environmental risks, and the specifics of environmental crimes (especially in wartime conditions). This will more effectively contribute to environmental security and sustainable development in Ukraine.

Authors

Publication Details

Journal
Uzhhorod National University Herald Series Law
Published
2025-10-02
DOI
https://doi.org/10.24144/2307-3322.2025.90.1.32
Primary Topic
Land Use and Management
Type
article
Field-Weighted Citation Impact
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article

Improving legal mechanisms for exercising the powers of the Ukrainian Parliament Commissioner for human rights in environmental protection

Serhii Zhmakin
Uzhhorod National University Herald Series Law
Land Use and Management
article

Improving legal mechanisms for exercising the powers of the Ukrainian Parliament Commissioner for human rights in environmental protection

Serhii Zhmakin
article en

Abstract

The article examines the legal status and powers of the Ukrainian Parliament Commissioner for Human Rights (Ombudsman) in the field of ensuring citizens’ environmental rights. It analyzes the regulatory framework governing the Ombudsman’s activities and highlights his key role in the system of human environmental rights protection in Ukraine. Particular attention is paid to the practical aspects of exercising these powers, the challenges faced by the institution, especially under martial law, and the prospects for strengthening its role in environmental security and sustainable development. The article emphasizes the unprecedented environmental damage caused by the war, which creates new and complex challenges for the protection of environmental rights and the natural environment. The aim is to analyze the powers of the Ukrainian Parliament Commissioner for Human Rights in the environmental sphere and to substantiate the strengthening of his role through the institutionalization of an environmental ombudsman. The legal foundations of the Ombudsman’s activities, his independence, and the universality of his mandate, which extends to environmental rights, are highlighted. The main powers are systematized: consideration of appeals, parliamentary control, response measures (submissions, appeals to court, public statements), and promotion of legislative improvement. Current challenges are analyzed: the scale of war-related damage, the need for coordination, low public awareness, and problems with the implementation of recommendations. It is argued that the prospects for strengthening the role of the Ukrainian Parliament Commissioner for Human Rights are linked to the specialization of his apparatus. The introduction of the position of an environmental ombudsman in Ukraine will not duplicate, but rather complement and deepen the existing protection system, providing the necessary specialization and operational flexibility. Unlike the Ukrainian Parliament Commissioner for Human Rights, who has a broad mandate, an environmental ombudsman will be a highly specialized expert. This will allow for the accumulation of deep knowledge in environmental law, environmental protection standards, technical aspects of pollution, environmental risks, and the specifics of environmental crimes (especially in wartime conditions). This will more effectively contribute to environmental security and sustainable development in Ukraine.

Uzhhorod National University Herald Series LawVol. 1(90)
Openalex Percentile: Top 66%
Land Use and Management
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