СУБ'ЄКТИВНІ ЕКОЛОГІЧНІ ПРАВА ГРОМАДЯН УКРАЇНИ: ПРАВОВІ ПРОБЛЕМИ ЗМІСТУ І РЕАЛІЗАЦІЇ

The article is devoted to the study of the legal nature of the subjective environmental rights of Ukrainian citizens and the definition of the main legal problems of their content and implementation. The article defines that environmental rights are a special type of civil rights, therefore their protection is ensured on the basis of civil legislation, if other rules are not established in environmental legislation. The authors concluded that the current environmental legislation of Ukraine, while declaring certain types of environmental rights, ignores the issue of their content. In addition, the circle of subjects who are the bearers of environmental rights is established arbitrarily in the legislation. The article defines that in order to prove a violation of a subjective right, it is necessary to know exactly what legal possibilities this right provides, and in what form its violation manifested itself. In our opinion, the problems of contradictions and conflicts of legislation regarding the mentioned issue paralyze the development of legal relations regarding the implementation and protection of subjective environmental rights. Enshrining in legislation the range of subjects of environmental rights and the content of these rights is a necessary prerequisite for the emergence of relevant legal relations. In addition, the legislative concept of «ecological safety» needs to be clarified and can be stated in the following version: «ecological safety is a state of the environment that meets the standards of its quality, the requirements of resource intensity, aesthetic richness and species diversity, ensures the stable functioning of natural ecosystems, natural and natural and anthropogenic objects with the aim of preserving human life and health, as well as meeting his needs in using the environment as a natural environment for life.» According to the authors of the article, the content of the right under consideration consists of the following powers of its subjects: first, the right to demand the provision of such an environmental condition that will be favorable for human health and life; secondly, the right to use the natural environment as a natural environment for human activity. [ABSTRACT FROM AUTHOR]