Application of the Principle of Proportionality in Regulating Environmental Conflicts: An Experience of Ukraine

This article has a theoretical and research character, and its main aim is to determine the legal nature of the principle of proportionality as an institutional mechanism for the coordination of interests in environmental conflicts from the standpoint of national Ukrainian legislation and law enforcement practice. The issue is analyzed by conducting a theoretical legal analysis of the principle of proportionality as a general legal principle. As the basis of environmental law, proportionality contributes to the implementation of the principle of sustainable development, as it determines the mechanism for the coordination and balancing of diverse interests. The study of international and Ukrainian legislation, which defines the normative grounds for the application of the principle of proportionality in legal relations, demonstrates that in national environmental legislation, in the regulation of environmental relations, the principle of proportionality is used to establish limitations on rights in order to protect the public environmental interest or to determine the proportionality of the right to an environment safe for life and health with other rights. The article analyzes the judicial practice of the European Court of Human Rights in environmental cases and the relevance of its application by the judicial institutions of Ukraine. This made it possible to verify the effectiveness of the proportionality criteria in the settlement of environmental conflicts.