CURRENT PROBLEMS OF JUDICIAL PROTECTION OF ENVIRONMENTAL RIGHTS IN THE CONTEXT OF THE TRANSITION TO A GREEN ECONOMY

Abstract

This article examines the pressing legal problems associated with the judicial protection of environmental rights in the Republic of Uzbekistan in the context of the transition to a green economy. Using normative, comparative legal, systemic-functional, and statistical methods, the study compares national legislation with the Aarhus Convention and the European Union’s Environmental Liability Directive. The findings demonstrate that the development of renewable energy, waste recycling, and green investment projects is giving rise to new forms of environmental disputes. However, the right of access to courts, a unified methodology for assessing environmental damage, and the procedure for using environmental assessments and expert opinions as evidence in judicial proceedings involving such disputes remain insufficiently developed. Based on the findings, the article proposes introducing special procedural rules for environmental disputes, adopting a unified methodology for assessing environmental damage, and expanding the public’s right to participate in judicial proceedings.