Consensual forms of settlement of environmental and legal conflicts: international experience and prospects for Ukraine

Abstract

In this study, an analysis of consensus forms of settlement of environmental and legal conflicts was carried out and their significance was determined in terms of the practical application of the principle of sustainable development for the settlement of environmental relations and taking into account the legitimate interests of all subjects. It is substantiated that the concept of sustainable development at the stage of environmental conflict resolution is implemented through conciliation procedures for dispute resolution, since it is in this case that the mechanism of reconciliation and balancing of diverse interests is used.
The legal basis for the introduction of the institute of conciliation procedures for the settlement of environmental and legal conflicts is determined. First of all, constitutional provisions are aimed at creating specific conditions for conflict resolution outside the judicial process. Secondly, the European integration processes of our country impose on Ukraine obligations to ensure the protection of the rights and legally protected interests of individuals and legal entities, the state, to expand the possibilities of such protection and provide the right to choose the method of protection, including on the basis of alternatives.
The special conditions characteristic of this type of legal conflicts (environmental-legal) that affect the use of alternative forms of settlement of environmental disputes and their effectiveness have been studied. They are: the obligation to take into account the public interest in the preservation of the environment (public ecological interest) in the settlement of an eco-conflict; maximum consideration, comparison, proportionality of individual, state and public interests. The author proposes to use the principles of deliberation (deliberative democracy) as a basis for effective environmental conflict resolution, which help the participants of the discussion to understand the reasonable demands of the opposite side and to reach a common understanding of the legitimacy of the decision and ensure real protection of the interests of society in relation to issues of public importance.
Keywords: environmental conflict; sustainable development; balance of interests; compromise; consensus; deliberation.