scholarly journals The right to environmental information as a technique for the protection of the environment

2011 ◽  
Vol 63 (3) ◽  
pp. 449-465
Author(s):  
Mihajlo Vucic
Keyword(s):  
General Rule ◽  
Environmental Information ◽  
Free Access ◽  
Access To Justice ◽  
Public Authorities ◽  
Legal Documents ◽  
Positive Effects ◽  
The Republic ◽  
The Right ◽  
Effective Use

By analyzing legal documents and case law the author has tried to show how the right to environmental information can be used as a technique for the protection of the environment, given the wide and numerous possibilities its provisions cast upon the entire society. Despite these obvious possibilities, the exceptions from the general rule of free access, are defined widely, and are so numerous that it is a real danger of public authorities abusing these exceptions, thus annihilating positive effects of the existence of such a right. Therefore, access to justice is an irreplaceable complementary right, since for the effective use of the right of access to environmental information, it shows itself as an inevitable remedy. As for the situation regarding the legal system in the Republic of Serbia, while the real results of the effectiveness of this right in the protection of the environment have yet to happen in future, it is important that most of the basic legal documents dealing with provisions on the access to environmental information have created a good basis for the judicial system to build upon.

scholarly journals International legal guarantees for the realization of human and citizen rights to environmental information

2021 ◽  
Vol 12 (4) ◽  
Author(s):  
Butsmak Artem ◽  
Keyword(s):  
Environmental Information ◽  
Public Authorities ◽  
Legal Norms ◽  
Legal Documents ◽  
Ecological Information ◽  
Right To Information ◽  
The Right ◽  
International Instruments ◽  
Right Of Access ◽  
To Receive

In the article considered guarantees of the right on access to ecological information fixed in international legal documents. Also made a research on state of implementation such international instruments in national Ukrainian legislation, separate legal instruments of realization the right to get ecological information. Made examples of successful defence of the broken right on access to ecological information. In order to exercise the right to information, it is important not only to have the norms enshrined in the legislation, but also the system of guarantees and opportunities for their implementation, which should be provided by public authorities. International legal documents establish only general approaches to the protection of rights, and their further development and consolidation is undoubtedly entrusted to national authorities. The analysis of the current national legislation allows to state that in general the international legal norms have found the reflection in national regulatory legal acts. However, over time, approaches to understanding environmental information, expanding its list, the subjects who have the right to receive it, so work in this direction should continue in order to increase the possibility of exercising the right of access to such information. Keywords: ecolaw, right on access to ecological information, guarantees of right on access to ecological information, international guarantees of right on access to ecological information

scholarly journals The Right of Access to Environmental Information in the Aarhus Convention Paradigm: Implementation Experience in Some States

2020 ◽  
Vol 4 (91) ◽  
pp. 116-122
Author(s):  
E. D. Makritskaia ◽  
Keyword(s):  
Environmental Information ◽  
Access To Justice ◽  
Access To Information ◽  
Aarhus Convention ◽  
The Republic ◽  
Types Of Information ◽  
The Right ◽  
The Impact ◽  
Right Of Access ◽  
Implementation Experience

The study analyzed some provisions of the Convention on access to information, public participation in decision-making, and access to justice in environmental matters directly related to the right to access to environmental information (in particular, articles 4 and 5 of the Convention, which regulate directly access to environmental information and the collection and dissemination of environmental information, respectively). The components of this right have been studied and described, as well as the main legal terms relating to the law in the text of the Aarhus Convention, such as “environmental information”, “as short as possible”. The work also analyzed and identified those types of information that, based on the provisions of the Convention, relating to environmental information. The paper provides examples of the impact of the Aarhus Convention on the national legislation of some States, as well as a mechanism for implementing the right of access to environmental information in the Republic of Belarus. Based on the study, general provisions on the right of access to environmental information are described, as well as the fact that the language of the Aarhus Convention is widely used in the legislation of States parties to the convention, and the right of access to environmental information itself is integral and multidimensional.

scholarly journals Environmental information - significant concern for authorities with competencies in the field

2021 ◽  
pp. 144-151
Author(s):  
Marcel Boşcaneanu ◽  
Keyword(s):  
Working Conditions ◽  
Information Access ◽  
Environmental Information ◽  
Free Access ◽  
Public Authorities ◽  
Quality Of Food ◽  
The Right ◽  
State Of The Environment ◽  
Good Access

The object of this article is the analysis of the scientific approach that aims to address certain relevant issues caught in the regulation of existing international and national normative acts in the field of ensuring access to all members of society (public) to environmental information. Access to environmental information is mandatory, public authorities are obliged to make available to any applicant, at his request, environmental information held by them or on their behalf, without justifying the purpose for which this information was requested. Good access to environmental information for all members of society provides them with the opportunity to be actively and effectively involved in actions to protect the environment and human health, living and working conditions, the quality of food and foodstuffs. household use. Ensuring the optimal exercise of the right to free access and dissemination of truthful information on the state of the environment, awareness of environmental issues, living and working conditions, the adoption of an appropriate attitude towards such issues, also supports the fulfillment of the obligation. which is the responsibility of all individuals and legal entities to protect the environment.

scholarly journals Modern Educational Technologies and National Interests

2021 ◽  
Vol 12 (6) ◽  
pp. 1348-1355
Author(s):  
Emin Garibli, Aysel Garibli
Keyword(s):  
Lifelong Learning ◽  
New Technologies ◽  
Mother Tongue ◽  
Educational Technologies ◽  
Negative Effects ◽  
National Interests ◽  
Positive Effects ◽  
Remote Training ◽  
The Right ◽  
Effective Use

As we know, one of the lifelong learning forms, which is the correspondence education, has received a wide circulation in our country. However, we have recently mentioned that the type of education should be adapted to modern conditions. As a way out from this situation, the article analyzed the specifics of the distance and supplementary education in the world and the stages of development. Mechanisms of application of existing educational technologies in Azerbaijan were studied. In order to achieve the goals mentioned in the article, the relevant legislation of Azerbaijan has been prepared and recommendations for institutional reforms have been prepared. In the context of globalization, the development of new technologies has negative effects, though there are positive effects. The strengthening of globalization leads to the inequality of development among countries, the sharp differences in the living standards of the population, the escalation of language, religion, traditions and, ultimately, the weakening of national state institutions. In this case, the protection and development of the state language is of great importance and special attention should be paid to this problem. At the end of the article, we came to the problem from another aspect, and we believe that if we use the right technologies properly and precisely, it can be achieved through the promotion of mother tongue.  Our compatriots living abroad will be able to acquire new knowledge and will not forget and develop their mother tongue with effective use of remote training technologies. Millions of our compatriots living abroad will be able to benefit from these advantages. In order to achieve this, it is important to use the modern IT technologies' innovations as well as the effective use of language teaching methods for language development carried out by linguists. We believe that there is a relationship between these two factors, and when analyzing lifelong learning issues, there is a need for two aspects. At the end, it should be noted that we have to analyze the problem from different perspectives and make suggestions.

scholarly journals The Right to Privacy and Private Detective Activities in Lithuania

2012 ◽  
Vol 5 (2) ◽  
pp. 1-26
Author(s):  
Mindaugas Bilius
Keyword(s):  
Personal Data ◽  
Legal Regulation ◽  
Private Life ◽  
Right To Privacy ◽  
Public Authorities ◽  
The Right To Privacy ◽  
Private Detective ◽  
Protection Of Human Rights ◽  
The Republic ◽  
The Right

ABSTRACT Private detectives have been providing their services in Lithuania for about a decade; however, only now has the Seimas of the Republic of Lithuania started to discuss whether it is expedient and necessary to regulate the activities of private detectives by means of a separate law. One of the goals of a separate legal regulation of private detective activities is the protection of human rights, particularly the right to privacy. This article examines the provisions of national and international legislative acts related to the private life of a person, and assesses the opportunities of a private detective to provide private detective services without prejudice to the provisions of applicable legislative acts. The article concludes that a private detective is not an authorized (public) authority and there is no possibility to assess in each case whether the interests of a person using the services of private detectives are more important than those of other persons, which would allow for violating their rights to private life. The limits of an individual’s right to privacy can only be narrowed by a particular person, giving consent to making public the details of his/her private life. It is the only opportunity for a private detective to gather information related to the private life of a citizen. Currently applicable legislative acts in Lithuania do not provide for opportunities for private subjects to collect personal data without that person’s consent. This right is granted only to public authorities and with the court’s permission

scholarly journals Legal Regulation Of Private Law Aspects Of Water Use By Owners And Users Of Neighboring Land

2019 ◽  
pp. 132-144
Author(s):  
I.V. Myronenko
Keyword(s):  
Water Resources ◽  
Water Use ◽  
General Rule ◽  
Legal Regulation ◽  
Legal Documents ◽  
Land Owners ◽  
Foreign Countries ◽  
Natural Movement ◽  
Legitimate Interests ◽  
The Republic

The article is devoted to some questions of the legal legal regulation of neighborhood relations related to the use of water to meet the needs of owners and users of neighboring land. The regulation of this relationship has historically been an inseparable part of neighbour law. Regulations of this kind were contained in many historically significant Ukrainian legal documents (in particular, various editions of the Lithuanian Statutes, the Rights of the Little Russian People (1743), and others). Currently, the regulation of the use of water resources mainly comes under the sphere of public law. Consequently, the current Land Code of Ukraine does not contain regulations of this kind. Nevertheless, a study of international legislation and regulation policies on neighbourly relations emphasizes the necessity to legislate on the private aspects of neighbourly water use. In particular, such provisions include the laws of the Republic of Moldova, Georgia, Republic of Azerbaijan and some other post-soviet states. The findings of the study has made it possible to formulate the proposals aimed at improving the current legislation on this issue. They are based on a general rule forbidding to alter the natural movement (flow) of water, if it violates the rights and legitimate interests of owners or land users of neighboring land. The artificial movement (flow) of water, caused by the activity of land owners or land users, is proposed to regulate by contract by establishing land easements (discharge of water to a neighboring land plot, their redistribution between neighbors, etc.). Regulating water-related relationships to meet the needs of owners or land users of neighboring land has historically been an integral part of «neighborhood law». Nowadays, the legal regulation of the relationship regarding the use of water resources has shifted to the sphere of public legal regulation. Nevertheless, the study of the laws of foreign countries and the practice of regulating good neighborly relations indicate the need for legal regulation of private aspects of neighborhood water use. They are mainly related to the prohibition of altering the natural movement of water if it violates the rights and legitimate interests of owners and owners of neighboring properties.

Law and Society - Euthanasia and Criminal Law

2018 ◽  
Vol 5 (2) ◽  
pp. 142-150
Author(s):  
Brunela Kullolli ◽  
lrjan Hysa
Keyword(s):  
Criminal Code ◽  
Right To Die ◽  
Right To Life ◽  
Human Right ◽  
Positive Effects ◽  
Criminal Offenses ◽  
The Republic ◽  
The Right ◽  
Sustainable Protection ◽  
Protection Of Life

Abstract Euthanasia or "sweet death" is a topic that has sparked numerous debates throughout history. In Albania, the right to life is protected by Article 21 of the Constitution of the Republic of Albania. Regarding the individual's right to die in Albania, both forms of euthanasia, the passive and the active one, are considered criminal offenses and are punishable by law. The problem lies in the fact that such a definition is not found in the Albanian legislation, but such actions are considered as criminal by the interpretation of the law. In this topic we will study the perception of Albanians regarding euthanasia and whether the Albanian legislation should include this form of soft death or not. The protection of life in the country should take the dimensions of a sustainable protection. For this reason, in addition to the positive effects of improving life protection that derive from the application of the entirety of the various criminal justice programs and policies, also including the recent amendments to the Criminal Code of the Republic of Albania, a concrete and continuous protection should be provided in support of the right to life. I have always drawn a debate on this issue, which deals with the fundamental human right, with the most sacred right, that of life.

Access to Justice: Ukraine and Europe

2020 ◽  
Vol 11 (4) ◽  
pp. 1122
Author(s):  
Tetiana M. BREZINA ◽  
Nadiia P. BORTNYK ◽  
Iryna Yu. KHOMYSHYN
Keyword(s):  
Civil Rights ◽  
Legal Regulation ◽  
Modern Concept ◽  
Free Access ◽  
Access To Justice ◽  
Legal Provisions ◽  
European Experience ◽  
The Right ◽  
Judicial Protection ◽  
Right Of Access

The paper examines the right of access to justice through the lens of domestic and European experience. The purpose of the study is to improve the theoretical and legal provisions of the content of the right of access to justice based on European experience, the formation of its modern concept, including the construction of proposals for defining this concept in the domestic doctrine of the judiciary. The methodological basis of the study comprises a set of methods that have been comprehensively used to achieve the purposes of this paper: the study of the legal nature of the right of access to justice, the establishment of its structural elements, the formulation of conclusions and proposals for the implementation of European Court of Human Rights standards in Ukrainian legislation was carried out with the use of system-structural and Aristotelian methods. It is noted that the access to justice is the availability, legal consolidation, and direct functioning of guarantees stipulated by law, which allow everyone to freely exercise their right to judicial protection and restoration of the violated right. It is concluded that the right to judicial protection cannot be exercised without a mechanism of access to justice and legal regulation. Ukraine, as a full subject of international law, must guarantee, based on universal standards, the personal right of every individual to free access to justice. However, identification of the social nature of the right of access to justice, for any state, including Ukraine, means an assertion of a fairly wide margin of appreciation both upon specifying forms of support for citizens to exercise the right, and upon determining the categories of citizens who need such support. This obliges the legislator to respect the constitutional principles of justice, equality, proportionality, as well as stability and guarantee of human and civil rights in Ukraine.

Access to a Court in Matters Concerning Disputes of an Individual with the Public Administration in the Republic of Poland vs. the Standards of the Council of Europe

2016 ◽  
Vol 16 (1) ◽  
pp. 111-125
Author(s):  
Ewa Wójcicka
Keyword(s):  
Human Rights ◽  
Judicial Review ◽  
Access To Justice ◽  
European Court ◽  
Protection Of Human Rights ◽  
The Difference ◽  
The Republic ◽  
European Standards ◽  
Definition Of ◽  
The Right

Summary This paper focuses specifically on the fundamental part of the right to a fair trial, namely access to a court. The aim of this article is an attempt to analyse the difference between the requirements of European standards and how they are reflected in Polish legislation. First of all, I am going to analyze basic European standards specified in Article 6(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms, Recommendation Rec(2004)20 on the judicial review of administrative acts and in the jurisprudence of the European Court of Human Rights. Then I will focus on selected aspects of the problem of judicial review of administrative acts specified in the Act of 30th August 2002 Law on Proceedings before Administrative Courts. I will discuss several specific topics from this field, which can be considered as crucial in relation to access to court, namely: definition of terms for access to justice by an individual, exhausting administrative remedies before judicial review, locus standi and legal aid.

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