Right to environmental information in the context of digitalization
Abstract
The article examines the legal significance of environmental information in a digital society and examines its characteristics such as reliability. It is this quality of information about the state of the environment that is enshrined in the Constitution of the Russian Federation. It is noted that reliable information about the state of the environment is information that is at the same time genuine (objective, undistorted, accurate), and sufficient (not excessive, but not fragmentary and not selective), and relevant (timely), unbiasedly collected and analyzed by a competent subject. The definition of the term “information on the state of the environment (environmental information)” included in the Federal Law “On Environmental Protection” in 2021 is also analyzed. It is concluded that the legal definition of the term in question does not allow distinguishing environmental information from all other information. The right to environmental information is analyzed in relation to the modern system of information support for state environmental management. The necessity of establishing a regime of transparency of information on the state of the environment is substantiated. It is proposed to develop and implement an information mechanism in the field of environmental protection — a system of information measures of influence (interrelated legal means that mediate the processes of collection, accumulation, analysis, storage, provision and use of reliable environmental information) on people’s behavior in order to ensure environmental protection, rational use of natural resources, environmental safety of humans and other objects.
References
- Alekseev, S.S. (1995). Theory of law. Moscow (in Russ.).
- Bogolyubov, S.A. (2013). Implementation of environmental provisions of the Constitution of the Russian Federation. Law: Journal of Higher School of Economics, 4, pp. 4–16 (in Russ.).
- Brinchuk, M.M. (2007). Human rights and the processes of globalization of the modern world. Moscow (in Russ.).
- Vasilyeva, M.I. (2009). Ecological and information legal relations: object, subjects, principles. Legislation and economics, 9–10, pp. 35–45 (in Russ.).
- Vyphanova, G.V. (2014). Problems of ensuring access to environmental information at the turn of the twentieth anniversary of the Russian Constitution. Law and Politics, 1, pp. 71–79 (in Russ.).
- Goncharov, V.V., Sokolova, D.O. and Shchegolev, I.B. (2020). The constitutional right of Russian citizens to reliable information about the state of the environment: modern problems of implementation and protection. Environmental law, 6, pp. 26–29 (in Russ.).
- Zorkin, V.D. (2018, May 30). Law in the digital world. Rossiyskaya Gazeta, pp. 1.
- Kovler, A.I. (2019). Human rights in the digital age. Bulletin of the European Court of Human Rights. Russian edition, 6, pp. 146–150 (in Russ.).
- Petrov, V.V. (1981). Ecology and law. Moscow (in Russ.).
- Sukhova, E.A. and Abanina, E.N. (2020). Legal problems of digital transformation of the environmental management system as a mechanism for ensuring environmental safety. Russian Justice, 8, pp. 17–20 (in Russ.).
- Kharkov, V.N. (2020). Priority provision of public environmental interests as a constitutional principle of environmental protection and nature management. Current problems of Russian law, 10, pp. 193–199 (in Russ.).
Received: 03/09/2023
Accepted: 06/10/2023
Accepted date: 11/30/2023
Keywords: environmental information, environmental information, right to environmental information, environmental information provision, state environmental management
DOI Number: 10.55959/MSU0130-0113-11-64-5-5
Available in the on-line version with: 30.11.2023

This work is licensed under a Сreative Commons Atribiution - NonCommercial 4.0 International (CC BY-NC 4.0)

