Courts and the Environment
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Courts and the Environment

Edited by Christina Voigt and Zen Makuch

This discerning book examines the challenges, opportunities and solutions for courts adjudicating on environmental cases. It offers a critical analysis of the practice and judgments of courts from various representative and influential jurisdictions.
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Chapter 11: Protection of environmental rights of citizens in the courts of Kazakhstan, Russia and Ukraine

Aleksandra Chornous and Nikolay Kichigin

Abstract

This chapter analyses the topical issues of judicial protection of environmental rights of citizens in Ukraine, the Russian Federation and the Republic of Kazakhstan. Taking into account the practice of the European Court of Human Rights, the Supreme courts and constitutional courts, their potential positive influence on the practice of lower courts is demonstrated. The process of implementation and the results of the Aarhus Convention in Ukraine and the Republic of Kazakhstan are considered. The chapter reveals the main problems of legal protection pertaining to the environmental rights of citizens. For example, they include: the lack of clear criteria for the identification of substantive environmental rights such as the right to a favourable environment; the lack of procedural environmental rights; insufficient training of judges of national courts to resolve environmental disputes; and corruption. Finally, the chapter formulates proposals for improving the mechanism of judicial protection of environmental rights.

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