Hanna Vronska, Judge of the Commercial Cassation Court Within the Supreme Court, Took Part in the International Webinar "Climate Change and the Courts"

On October 7, 2021, Hanna Vronska, Judge, Secretary of the Chamber on Cases on Corporative Disputes, Corporative Rights and Securities of the Commercial Cassation Court within the Supreme Court, took part in the international webinar "Climate Change and Courts" organized by the European Bank of Reconstruction and Development and the Asian Development Bank.

In her welcoming speech, the speaker focused on international agreements ratified by Ukraine, namely the Paris Climate Agreement (July 14, 2016) and the UN Framework Convention on Climate Change (October 29, 1996).

Speaking on the "The Right to a Safe Environment and Judicial Practice" report, Hanna Vronska noted that the Constitution of Ukraine enshrined important articles that guided national courts in environmental cases, including Articles 16, 41, 50, 66.

In addition, the SC Judge of the Commercial Cassation Court told foreign colleagues about the Supreme Court's case law on disputes arising in the field of environmental protection and environmental rights.

As an example, Hanna Vronska cited a lawsuit filed by the International Charitable Organization "Ecology-Law-Human" against the Limited Liability Company "Aquadelf" on the prohibition of activity of the dolphinarium "Oscar-Truskavets" of LLC "Aquadelf". This exclusively legal issue is of considerable public interest, as the international charitable organization defends its legal capacity to protect the environment in court and for the first time attempts to apply the provisions of Article 19 of the Law of Ukraine "On the Red Book of Ukraine" on the prohibition of the use of Red Book animals (dolphins) for commercial purposes, namely the prohibition of activity of the dolphinarium.

Further, Hanna Vronska analysed case No. 539/369/19 on the protection of animals (pigeons) from ill-treatment. The Supreme Court has stated that in accordance with the provisions of the Aarhus Convention and the Law of Ukraine "On Environmental Protection" the plaintiff has the right to represent in court the environmental interests of society and its individual members in order to protect violated environmental human and civil rights or to eliminate violations of environmental legislation.

In the case, the Supreme Court agreed with the applicant's argument that, in dismissing the action in the present case the lower courts had applied a limited interpretation of the current legislation of which the Aarhus Convention was part, ignoring the fact that the right to protection of the violated constitutional right to a safe environment belongs to every person and can be implemented personally by any interested person.

Another important case on environmental protection was the decision of the Supreme Court, which recognized the order of the Ministry of Ecology and Natural Resources of Ukraine "On Amendments to the List of Animal Species Listed in the Red Book of Ukraine (Fauna)", which approved the introduction of the European elk to the Red Book of Ukraine. Given the importance of environmental protection, a limited interpretation of current Ukrainian legislation, in particular the Aarhus Convention, is unacceptable. The right to protect the violated constitutional right to a safe environment belongs to everyone and can be exercised both by a citizen and an association of citizens.

Finally, Hanna Vronska expressed hope that this practice would become a positive example and would further contribute to the consideration of cases on environmental protection and climate change in the national courts of Ukraine.