POLITICAL AND LEGAL LEGITIMATION OF ENVIRONMENTAL RIGHTS AND FREEDOMS IN THE REPUBLIC OF ARMENIA
https://doi.org/10.59982/18294359-26.1-bi-12
Abstract
The article is devoted to the formation and development of environmental legislation, taking into account the political and legal legitimation of environmental rights and freedoms. An analysis was conducted on the environmental legal policies and the defining regulatory frameworks of the Soviet and post-Soviet periods. The study places particular emphasis on the competencies of local self-government bodies in the field of environmental protection. The international treaties ratified by the Republic of Armenia and the environmental legislation arising therefrom have been discussed, and legislative gaps and concepts have been analyzed. The paper outlines the evolution of environmental legislation since independence and highlights the critical need to clarify existing legal acts.
As a result of analyzing the relationship between state authorities and municipal entities within environmental protection frameworks, specific recommendations for legislative reform are presented.
Particular attention is paid to environmental standards, which encompass the definition of environmental quality metrics regarding the chemical, physical, and biological indicators of the natural environment and ecosystems, while accounting for the distinct natural characteristics of land and water areas and their comprehensive utilization.
Based on the analysis, it is concluded that an institutional normative system regulating environmental processes has been formed in the Republic of Armenia. However, the political and legal institutionalization of environmental rights and freedoms is not yet complete. This is largely attributed to legal contradictions within the existing legislation, as well as the underdeveloped nature and low efficiency of state environmental policy.
Keywords: Environmental rights, environmental freedoms, legitimation, environmental standards, institutional normative system, legislative gap, legislative contradiction.
PAGES : 152-166