The Constitutional Right to a Favorable Environment as a Fundamental Human Right and the Corresponding Duty of States to Protect the Environment From Destruction: Russian and Foreign Experience

The following final qualification work is devoted to the analysis of the modern approach to the constitutional right to a favorable environment and the corresponding duty of states. The aim of the work is to determine the content of the general positive obligation of states to the population of their countries to ensure a favorable environment. In accordance with the goal, the following tasks were formulated: 1. To conduct a comparative analysis of international legal and national legal norms regarding the right of citizens to a favorable environment and corresponding duty. 2. To compare the approach of states to the problem of liability for violation of the rights to a favorable environment and holding countries accountable. 3. To determine the general positive duty of states to their citizens to ensure a favorable environment. 4. To assess the possibility of practical implementation of this obligation at the international legal level and in the Russian legal system. As a result of the study, a general positive duty of states to ensure a favorable environment was formulated. The work carried out a comparative analysis of international legal and national legal norms, which showed that the proclamation of citizens' right to a favorable environment and the obligation of states to protect this environment from destruction is widespread, but at the same time declarative in nature. Along with this, the idea of securing the right to a favorable environment as an independent at the international legal level is expressed. In addition, an analysis of potential problems related to the practical realization of the right to a favorable environment and the corresponding general duty of states has been carried out, and possible solutions have been proposed. Separately, Russian environmental legislation was analyzed, as well as the role of the discussed amendments to the Constitution of the Russian Federation.