The Right to Favorable Environment and the Mechanism of its Realization: Comparative Legal Analysis

A number of global environmental calamities forced humanity to rethink it’s relationship with nature. This is how the right to a favorable environment was born. This thesis describes the evolution of the right to a favorable environment at the international, regional and national levels, analyzes various models of its establishment and implementation, their pros and cons. The distinctive feature of the work is a critical-analytical comprehensive comparative legal analysis. International regulation and the experience of Germany, as a country close to Russia in the legal order, are studied in detail, the experience of France and Kazakhstan is taken into account in some aspects. The legal nature of the right to a favorable environment and it’s status in the system of law, it’s interrelation with other human rights are revealed. Special attention is paid to the mechanism of realization of this right. Theoretical approaches to the understanding of the mechanism of realization of the right are considered, on the basis of which the idea of the mechanism of realization of the right to a favorable environment is formed. Specific legal means of realization of the right to a favorable environment are studied: the right of access to environmental information, the right to compensation for environmental damage and the citizen’s right to participate in making environmentally significant decisions. The relationship between the quality of environmental legislation and the effectiveness of the right to a favorable environment is revealed. The ways of terminological and systematic improvement of environmental legislation in Russia are proposed in account of foreign experience.