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 Constitutional Principles of Legal Regulation of Court Fees in Ukraine

2021 ◽  
Vol 6 ◽  
pp. 12-17
Author(s):  
Vladyslav Buryi
Keyword(s):  
Local Governments ◽  
Legal Regulation ◽  
Free Access ◽  
Public Authorities ◽  
Constitutional Justice ◽  
The Law ◽  
The Right ◽  
Judicial Protection ◽  
State Of The Environment

This article presents a comparative analysis of the provisions of the Constitution of Ukraine and the Law of Ukraine “On Court Fees”.The author emphasizes that the Constitution of Ukraine establishes an axiological basis for the legal regulation of the court fees and, at the same time, defines the relevant categories of cases, access to judicial protection in which should not be the subject to significant restrictions or should not be limited at all, namely in the cases of: challenging the decisions, actions or omissions of public authorities, local governments and officials; protection of the right to own property; protection of honour and dignity and business reputation; free access to the information about the state of the environment, the quality of food and household items, and others. The court fee in the constitutional justice is also singled out, which is substantiated by the special procedural and essential nature of the constitutional complaint. The author disputes the possibility of implementation of the court fee for filing a constitutional complaint, the doubtfulness of which is explained by the normative form of the constitutional complaint that does not provide a direct review of the court decision. Emphasis is placed on the provisions of the Constitution, which support the need to reform the existing concept of regulation of court fees, in particular the change in access to appeals and cassation appeals from progressive to the regressive court fee rate. It is emphasized that the Law of Ukraine “On Court Fees” does not fully comply with the Constitution of Ukraine. It is concluded that the Constitution of Ukraine provides the individualization of the amount of court fees that should depend on the stage of the proceedings, the category of the case, and the relevant range of entities that should be exempt from the court fees.

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 Latin America’s information technologies: promises and realities

2009 ◽  
Vol 7 (2) ◽  
pp. 293-299
Author(s):  
Estela Mastromatteo
Keyword(s):  
Latin America ◽  
Information Technologies ◽  
Information Access ◽  
Free Expression ◽  
Freedom Of Information ◽  
Free Access ◽  
Access To Information ◽  
Sustainable Human Development ◽  
The Right

This contribution emphasizes that in order to achieve a real and sustainable human development in Latin America, and for this region to be part of the information society is extremely important to create conditions for a free access to information, education for everyone and  permanently, and a development in science and technology destined to serve society. Access to information and information technology are major promises in this era, but at the same time, become new forms of exclusion. In Latin America the two realities coexist. Is crucial in the solution, to rethink the ethics of information and values that underlie it, respect for human rights, the commitment of societies and our leaders. Highlights the role of libraries as mediators in the production process, organization and retrieval of information access, in safeguarding the freedom of information and the right to free expression through technology, with ethics and values into a real development in Latin America.

scholarly journals Latin America’s information technologies: promises and realities

2009 ◽  
Vol 7 (2) ◽  
pp. 293-299
Author(s):  
Estela Mastromatteo
Keyword(s):  
Latin America ◽  
Information Technologies ◽  
Information Access ◽  
Free Expression ◽  
Freedom Of Information ◽  
Free Access ◽  
Access To Information ◽  
Sustainable Human Development ◽  
The Right

This contribution emphasizes that in order to achieve a real and sustainable human development in Latin America, and for this region to be part of the information society is extremely important to create conditions for a free access to information, education for everyone and  permanently, and a development in science and technology destined to serve society. Access to information and information technology are major promises in this era, but at the same time, become new forms of exclusion. In Latin America the two realities coexist. Is crucial in the solution, to rethink the ethics of information and values that underlie it, respect for human rights, the commitment of societies and our leaders. Highlights the role of libraries as mediators in the production process, organization and retrieval of information access, in safeguarding the freedom of information and the right to free expression through technology, with ethics and values into a real development in Latin America.

scholarly journals Free access to conference’ proceedings between the issues of arbitration and the mandatory availability : A proposal of a project for an Algerian platform to manage scientific events

2021 ◽  
Author(s):  
عبد الرزاق بوسمينة ◽  
كمال بطوش
Keyword(s):  
Open Access ◽  
Conference Proceedings ◽  
Scientific Communication ◽  
The Other ◽  
Free Access ◽  
Digital Platforms ◽  
Wide Range ◽  
It Applications ◽  
The Right

Conferences are among the most important access points to scientific communication. The development of IT applications in addition to open access caused the appearance of new diffusion vessels that suggest the right to access to their content with the least restrictions possible. Conferences' sponsors were obliged to make their publications available on these new vessels. In the other hand, there are many problems that face these works, the most important is the quality of arbitration of these works and the difficulty faced to track them . This paper aims to confirm the obligation of making the conferences' works available in addition to studying the most important problems that are faced and also to put and visualize a recommendation of an Algerian data base to manage these scientific events in order to overcome these problems. The study relied on the descriptive methodology and came up with the conclusions below: Conferences works are considered to be one of the main outcomes of scientific communication which must be available. The study also recomends Encouraging the development of digital platforms to manage the scientific events because of its contribution to raise the quality of researches' arbitration and providing its Works to a wide range of users.

scholarly journals Constitutional right to information on the state of the environment in the provision of tourist services

2021 ◽  
pp. 44-47
Author(s):  
Iryna RYZHUK ◽  
Alla IVANOVSKA ◽  
Iryna LYTVYNENKO
Keyword(s):  
Environmental Information ◽  
The State ◽  
Ecological Information ◽  
Wide Range ◽  
Constitutional Right ◽  
Right To Information ◽  
Definition Of ◽  
The Right ◽  
High Level ◽  
State Of The Environment

The paper proves that one of the means of ensuring the right of citizens to health care from the adverse effects of the environment is the right to information about the factors that affect health. It is noted that reliable information about the state of the environment is the basis for the formation of an effective environmental policy of the state. In this regard, it is argued that a society with a high level of informatization is able to successfully solve both economic and environmental problems. In connection with the above, the importance of issues related to the exercise of the right to information about the state of the environment is highlighted. The state of consolidation of the right to information on the state of the environment and the natural environment in national regulations is analyzed. The content of ecological information contained in acts of international character is outlined. The problem of the ratio of ecological information and information about the state of the environment is determined. Environmental information includes information on the state of the environment, however, given the legislative definition of the environment, which covers a wide range of elements related to the conditions of human existence, it is proved that the concept of “environment” is broader in meaning than “environment”. In summary, the proposed definition of “environmental information” is information about the environment, about activities that adversely affect (or may affect) the environment and the human body, as well as information on measures to protect the environment and ensure compliance with environmental rights. The agreements concluded between the tour operator and the travel agent and between the tourist and the travel company when providing travel services define the obligation to provide information and the right to receive information about the state of the environment.

scholarly journals The Element of ‘Access to Information’ in Arhus Convention and Act Regarding Dissemination and Free Access to Information

2016 ◽  
Vol 9 (2) ◽  
pp. 103
Author(s):  
Seiyed Asghar Sajjadi ◽  
Mohammad Hossein Ramazani Ghavamabadi
Keyword(s):  
Decision Making ◽  
Public Participation ◽  
Free Access ◽  
Access To Information ◽  
Public Authorities ◽  
Essential Information ◽  
Aarhus Convention ◽  
The World ◽  
The Right ◽  
Right Of Access

<p>The free access of all people to information is deemed as the requisite and precondition for efficient participation in process of decision-making by public authorities where it has been reflected in many national and international rules and regulations. <br />‘The right of access to information that has been formally recognized in many countries by virtue of criteria in constitution or articles of freedom of information law as a right includes most of the information stored by public authorities and consists of environmental information. The regulations regarding recognition of right of litigation for citizens may also include some regulations that give citizens the right of acquisition of essential information. <br />Before entry in domain of environmental terminology, the concepts of access to information and public participations are assumed as a category in political law that has been reflected in democratic political regimes under title of ‘Rights of nation’ in constitutions of those countries.’<br />Access to information etc has been formally recognized in Article 10 of Rio Declaration on Environment and Development (1992) at international level and it briefly holds: ‘… Anyone shall totally access to the information at disposal of public institutions about environment and … the governments shall facilitate public participation by giving information to the people… and compensation for loss shall be guaranteed.’ <br />Although access to information and other aforesaid issues are not deemed as new elements in Article 10 of Rio Declaration (1992) and they have been typically incorporated in some other international documents several years before 1992, Aarhus Convention (1998) has explored in details of totally triple concepts in Article 10 at regional level and it presents specific mechanism for enforcement of regulations in this convention. <br />UN Economic Commission for Europe … was inaugurated in Aarhus (Denmark) on 25th June 1998 and Aarhus Convention … was approved. Iran Islamic Parliament also ratified Act regarding Dissemination and Free Access to Information on January 25 2009 and it was recognized in compliance with expediency of system. <br />This article examines and compares Aarhus Convention because of it remarkable importance as a model for access to information and its executive mechanism for element of access to information in that convention and Act regarding Dissemination and Free Access to Information so that by means of comparative study on these two documents concerning to element of access to information it can give answer to this proposed question that if Act regarding Dissemination and Free Access to Information may be responsive to public information requirements about the environmental subjects in such a way that to prepare the ground and possibility for public participation in process of environmental decision-making by the public authorities as it reflected in Aarhus Convention. <br />After review and comparison of information in terms of great constraint and banning in presentation of information titled as ‘confidential’ that has been reflected and executed, the size and subject of accessible information may not meet the requirements of community at the age of explosion of information and in the world that has been converted into a small village. On the other hand, only Iranian nationals have right to access this information and discrimination in nationality is another main barrier against public access to information. To remove this inadequacy and defect, the upgraded laws should be enacted through exploitation from regulations and mechanisms of Aarhus Convention as the world pattern. Among them, the confidential (classified) information size may be noticeably reduced and the persons will have right of access to useful information without discrimination in nationality.</p>

ANALYSIS OF REGULATIONS REGARDING THE SETTLEMENT OF ISSUES ON THE REMOVAL AND RECOVERY OF PLANTATIONS IN THE RIGHT-OF-WAY OF PUBLIC ROADS

2020 ◽  
pp. 55-60
Author(s):  
Nataliia Kharytonova ◽  
Olha Mykolaienko ◽  
Tetyana Lozova
Keyword(s):  
Traffic Safety ◽  
Climatic Factors ◽  
Visual Orientation ◽  
Right Of Way ◽  
Adverse Weather ◽  
Overhead Power Lines ◽  
The Right ◽  
Neck Diameter ◽  
Proper Operation

Greening of roads contributes to the protection of roads and their elements from influence of adverse weather and climatic factors; it includes the measures for improvement and landscaping of roads, ensures the protection of roadside areas from transport pollution, provides visual orientation of drivers. The solution of these issues will ensure creation and maintenance of safe and comfortable conditions for travelers. Green plantings in the right-of-way road area include woody, bushy, flower and grass vegetation of natural and artificial origin. For proper operation of public roads and satisfaction of other needs of the industry, there may be the need in removing the greenery. The reason for the removal of greenery in the right-of-way road area may be due to the following factors: construction of the architectural object, widening of the motor road, repair works in the security zone of overhead power lines, water supply, drainage, heating, telecommunications facilities, cutting of hazardous, dry and fautal trees, as well as self-grown and brushwood trees with a root neck diameter not exceeding 5 cm, elimination of the consequences of natural disasters and emergencies. The removal of plantations in the right-of-way area is executed in order to ensure traffic safety conditions and to improve the quality of plantations composition and their protective properties. Nowadays, in Ukraine there is no clear procedure for issuing permits for removing of such plantations. In order to resolve this issue, there is a need in determining the list of regulations in the area of forest resources of Ukraine and, if needed, the list of regulatory acts that have to be improved; to prepare a draft of the regulatory legal act that would establish the procedure of plantations cutting, the methodology of their condition determination, recovery costs determination, the features of cutting. Keywords: plantations, cutting, right-of-way, woodcutting permit, order.

Sign in / Sign up

Export Citation Format

Share Document