Известия Саратовского университета. Новая серия: Серия «Экономика. Управление. Право» (Apr 2022)
Ensuring the environmental rights of Russian citizens is a priority direction of the state’s environmental policy
Abstract
Introduction. Decent and safe life and activities of Russian citizens can only be possible in the favorable environment. The constitutional and legal guarantee in this area is the consolidation of the environmental rights of Russian citizens as a constitutional value, and its provision is a priority task of the state and, accordingly, the most important direction of the implemented environmental policy. Theoretical analysis. The author determines the constitutional and legal content of environmental rights of Russian citizens, reveals their signifi cance for citizens and peoples living on the territory of Russia, identifi es trends, prospects and problems of their implementation and development, the role of public authorities in this process. Empirical analysis. The researcher claims that the right of citizens to participate in the management of state aff airs in the environmental sphere is implemented in various forms, of which an environmental referendum should be recognized the most eff ective, since its results are binding on public authorities. Despite this, environmental referendums are not often held. The reasons for this are, on the one hand, the unwillingness of the authorities to listen to the opinion of the population when delivering commercially successful projects, on the other hand, the complexity of the legally established procedure for holding a referendum. Results. It is proved that the right to the favorable environment is the main comprehensive constitutional environmental right, with other constitutional environmental rights being the means of its implementation, or restoration in case of violation. It is concluded that the problems associated with the realization of human rights arise from imperfections in the fi eld of law-making, law enforcement, as well as systemic problems of the state structure of Russia. It is pointed out that there is a need to develop state environmental policy in terms of strengthening legal, organizational and other measures aimed at more eff ective implementation of environmental rights of Russian citizens.
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