FOREIGN EXPERIENCE IN THE ORGANIZATION AND OPERATION OF ENVIRONMENTAL COURTS

Abstract

Given the complexity of the environmental situation in Ukraine, the article analyzes the foreign experience of the organization and operation of environmental courts and other authorized bodies to resolve disputes related to violations of environmental legislation. It is noted that according to the index of environmental efficiency, which is a comprehensive comparative indicator of the success of environmental policy around the world, Ukraine ranks 44th among 180 countries, which indicates an unfavorable environment. Based on a study of environmental authorities in Asia, Europe, North and South America, it is established that in different countries there are various administrative bodies and courts to ensure the protection of environmental rights of citizens, society and the state. It is emphasized that today in most countries the protection of environmental rights is carried out by courts of general jurisdiction, at the same time there is a tendency to increase the number of special environmental structures that consider environmental disputes within the courts of general jurisdiction. Such countries include countries governed by the Romano-Germanic legal system. They are Denmark, Germany, Norway, the Czech Republic, Finland. There are specialized administrative appellate tribunals in Denmark and the Supreme Administrative Court in Finland, which specializes in environmental and water issues. In Sweden, there are five environmental courts and an Environmental Court of Appeal within the general judicial system, which deals with a wide range of environmental rights protection. In New Zealand and some regions of Chile there are specialized environmental courts, in Australia (New South Wales), the United States (Vermont) there are environmental courts, while in some Brazilian states there are both environmental and semi-specialized environmental courts. It is concluded that in the activities of domestic courts there are problematic issues that affect the protection of environmental rights, so it is advisable in the judicial system to introduce specialization of judges of appellate courts, which based on the provisions of the Constitution and laws of Ukraine, special and international legislation right.