Application of the Provisions of the Aarhus Convention by the Administrative Courts of Ukraine

Tarnavska M. І.
2020 Zenodo  
Problem statement. Despite numerous criticisms of scholars and practitioners concerning the norms of the Aarhus Convention are hardly applicable in Ukraine or the level of their implementation is quite low, the data of the Unified State Register of Judicial Decisions of Ukraine shows that some practice of application the norms of this convention has developed and continue to form. There is a need to analyze the court decisions in order to elucidate the features of the application of the Aarhus
more » ... tion of the Aarhus Convention's norms, which is the purpose of this publication. The purpose of the article is to identify the contexts in which the said convention applies, to identify certain trends in the application of its norms, to highlight controversial issues in its application. Methods. The main method used in the study is the method of content analysis of court decisions. The current array of cases, where one or another of these conventions was applied, has been analyzed. It is also analyzed cases where the court did not apply its norms, but it was used in substantiating the legal position of the party in the case. Results. Because of the analysis, a number of contexts in which the Aarhus Convention (informational context, applicant's affiliation context, educational context) is used. The emphasis is placed on the uncertainty of the possibility of applying the Aarhus Convention in land disputes. Some tendencies, which have a negative character (in particular, narrowing the interpretation of certain norms of the Aarhus Convention) are observed. The emphasis was placed on the fact that the problematic issues related to the incorrect application of the norms of the Aarhus Convention took place not only in domestic judicial and administrative practice but also in the practice of the EU member states and a number of other countries-parties to the convention. This is explained by some novelty of the approaches introduced by the convention. It is concluded that the domesti [...]
doi:10.5281/zenodo.4095313 fatcat:bonyw7ryvnaxxb5wzymo47nyva