JUDICIAL COMPETENCE FOR PROTECTING THE ENVIRONMENTAL RIGHTS

The article considers the issues of judicial competence in the settlement of disputes related to the protection of the right to a favorable environment. The relevance of the research topic is due to the fact that in law enforcement there are disagreements regarding the differentiation of judicial competence to protect the right to a favorable environment, and therefore this study is of great practical importance. The choice of topic is also due to the fact that recent changes in the procedural legislation in the form of a waiver of the term “jurisdiction” and its replacement with the terms “competence” in the arbitration process and “jurisdiction” in the civil process have caused confusion in the conceptual framework. In this regard, the need arose for the scientific development of new aspects of the institution of jurisdiction in the civil process in order to clarify the distribution of judicial competence to protect the right to a favorable environment. Based on an analysis of regulatory and scientific sources, the author reveals the concept and importance of the institution of judicial competence and jurisdiction, discloses the ratio and content of these institutions, identifies the criteria for differentiating judicial competence in considering disputes related to the protection of the right to a favorable environment between courts of general jurisdiction and arbitration courts. The author draws attention to the specifics of the competence of the Constitutional Court of the Russian Federation to protect the right to a favorable environment. The study resulted in conclusions and suggestions for improving the rules of judicial competence to protect the right to a favorable environment.