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Sources of environmental law

3. Results and discussion which encompass imposing measures with the force of
public law on the state and its administrative bodies
The characteristics of the constitutional principles of for either failing to carry out their defined roles or
environmental law are usually presented by grouping performing them inadequately. 7
the norms of the Constitution of Ukraine, which directly The core principles governing the interaction between
or indirectly establish principles, initial provisions, and individuals, the government, and the natural world are
specific rules of conduct in the areas of environmental established within the nation’s fundamental law. For
protection, nature management, and ensuring instance, per Article 50, Section 1 of the Constitution,
environmental safety. Leheza divides constitutional every individual possesses an entitlement to an
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norms into three groups: environment that is safe for their well-being and health.
(i) Humanitarian (which establishes environmental This also encompasses the right to receive reparations
rights and obligations of citizens). when this right is infringed upon. Simultaneously,
(ii) Natural resource (which determines forms of Article 66 outlines a duty for all citizens to refrain from
ownership of natural objects). actions that could harm the environment and to provide
(iii) Competence (in which competence in the field of restitution for any such damage incurred. Furthermore,
environmental protection is distributed). 5 Section 2 of Article 50 guarantees every person’s right
to freely access and share information regarding the
The Constitution establishes the foundations of the environmental situation alongside the composition of
social order and the general principles of state policy, food products and consumer goods. Classifying this
including those related to environmental protection. information as confidential is expressly prohibited. 8
Key to the regulation of environmental relations are Article 92, which emphasizes the legal force
Articles 13, 14, 16, 50, and 66 of the Constitution of of the state’s fundamental laws, provides that the
Ukraine, along with several other articles of a general most important environmental relations, such as the
nature that provide the fundamental regulation of social principle governing the use of natural resources, the
relations, including those of an environmental nature. 6 exclusive (maritime) economic zone, the continental
Specifically, Article 13 declares that the land itself, shelf, the exploration of outer space, and relations of
everything beneath it, the air we breathe, the water, and environmental safety, must be regulated exclusively
all other natural riches found within Ukraine’s borders, by law. Thus, these constitutional norms serve as the
alongside the resources of its continental shelf and foundation for the adoption of relevant environmental
exclusive economic zone (in the sea), are considered the legislation on specific issues. 9
property of the Ukrainian people. 6 International law holds a pivotal position within
Article 16, located in Chapter 1 of Ukraine’s the framework designed to reconcile environmental
constitutional framework, outlines core principles protection with sustainable societal development.
regarding environmental protection. It stipulates the Moreover, international legal principles significantly
state’s obligation to safeguard environmental well- shape the regulation of environmental interactions, with
being and ecological stability throughout the country. international agreements serving a critical function.
Moreover, the state bears the responsibility of addressing Reflecting current legal precepts, Article 9 of the
the aftermath of the Chernobyl disaster – an event Constitution of Ukraine stipulates that “effective
recognized for its global impact – and for protecting international treaties, to which the Verkhovna Rada of
the genetic heritage of the Ukrainian people. Given this Ukraine has given its consent to be bound, constitute an
provision, the degree to which these obligations are integral part of the national laws of Ukraine.” 7
being fulfilled inevitably comes into question. 7 According to Article 2, Section 1 of Ukraine’s
The Constitutional Court of Ukraine, in its decision Law Concerning International Treaties of Ukraine, an
number, e.g., 7-rp/2001, references Article 16 and international treaty of Ukraine is to be interpreted as a
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underscores the significance of this constitutional legally binding agreement. This accord is established
provision. The Court emphasized that the Constitution in written form with a foreign nation or another entity
explicitly mandates the state’s accountability for its recognized under international law. The agreement’s
actions toward individuals, clearly articulating the provisions are governed by the precepts of international
state’s duties. This accountability extends beyond mere law. This definition holds true, irrespective of whether
political or ethical obligations of public authorities to the the treaty is documented within a single document or
citizenry. It incorporates elements of legal responsibility, a collection of connected documents. Furthermore, the

Volume 22 Issue 3 (2025) 155 doi: 10.36922/AJWEP025160118