Comparative Legal Study of Constitutional Environmental Rights in the Russian Federation and the Republic of Uzbekistan: Problems of Legal Regulation and Judicial Protection

The article analyzes constitutional environmental rights in the Russian Federation and the Republic of Uzbekistan.

The purpose of the study is to identify current issues that adversely affect the implementation of constitutional environmental rights of citizens of the Russian Federation and the Republic of Uzbekistan, based on the norms of national and international law. The objectives of the study are to conduct a comparative legal study of constitutional environmental rights in the Russian Federation and the Republic of Uzbekistan, analyze the norms contained in the constitutions and laws of the designated states concerning the implementation of the right to a favorable environment, the right to receive reliable information about the state of the environment and the right to compensation for harm (damage) caused by an environmental offense, and to formulate key issues related to them. Using the comparative legal method, an analysis of constitutional environmental rights in Russia and Uzbekistan was conducted. In addition, logical and formal legal methods of scientific knowledge were used.

The study examined the problems of legal regulation and judicial protection, thereby indicating an adverse impact on the implementation of constitutional environmental rights. It was revealed that in the Russian Federation there are three closely interrelated constitutional environmental rights, while in the Republic of Uzbekistan the important constitutional environmental right to compensation for harm (damage) caused by an environmental violation is not formally enshrined.

The study of the problems in the national law of the Russian Federation and the Republic of Uzbekistan allowed us to conclude that the impossibility of implementing constitutional environmental rights is due to the legal unsettledness of the important constitutional environmental right to compensation for harm (damage) caused by an environmental violation, general problems associated with the incorrect qualification of the act for environmental violations committed, including crimes, as well as the impossibility of effective judicial protection of constitutional environmental rights.