More about the Right to Live in Benevolent Environment

Section 115 of the Constitution
Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (the Aarhus Convention)
Environment Protection Law
Area Development Law
Protection Zone Law
On Assessment on the Impact on Environment
On Pollution
On Nature Areas Subject to Special Protection, etc.

Section 115 of the Constitution stipulates that the State has the duty to establish and provide effective environment protection system. The foregoing includes the duty to issue, subject to investment of appropriate funds, the regulatory acts that govern environment protection, and to establish institutions responsible for supervision and promoting environment protection, as well as implementation of measures aimed at environment protection.

Section 115 of the Constitution also stipulates the right to be informed about the environment condition. Therefore, the duty of the State to establish environment protection system also includes the duty to provide information to society about environmental conditions, and the duty to provide access to such information. Society is also entitled to participate in the making of relevant decisions related to environment protection.

An individual has subjective right to demand fulfillment of the above-listed duties from the state as well as liability for non-fulfillment or improper fulfillment of such duties. Therefore, a private individual has subjective right of claim against the State whenever environment protection system turns out to be ineffective, and the rights or lawful interests of an individual have been infringed as a result thereof.