CONSTITUTIONAL PERSPECTIVES ON GREEN TRANSITIONAL JUSTICE IN THE CONTEXT OF INTERNATIONAL PRACTICE

Abstract

The article aims to examine the concept of “green” transitional justice, constitutional, national, and inter- national approaches to “green” examine transitional justice, and to develop general recommendations for the regulatory framework of “green” transitional justice at the state level. The article employs several research methods, specifi cally the dialectical method, which is used to trace the historical and socio-legal development of the concept of “green” transitional justice; the comparative legal method and the method of analysis are used to study international experience in the implemention of “green” transitional justice. Results. The article analyzes international experience, practical precedents, and constitutional mechanisms for overcoming environmental damage during and after armed confl ict, which may be eff ective for Ukraine at various stages of peacebuilding processes. The study examines the experience of environmental constitutionalism relevant to Ukraine, which provides for environmental protection as an integral part of the constitutional order, and mechanisms for restoring justice for Ukrainian communities, in particular Ukrainian villages as centers of national identity. Conclusions. Emphasis is placed on the need to reconsider classical institutions of transitional justice – particularly reparations, truth-seeking initiatives, the implementation of institutional reforms, and the devel- opment of memory policies – from the perspective of integrating the principles of “green” transitional justice into the constitutional architecture of the State, with due regard to the protection of the right to a healthy environment. The concept of “green” transitional justice has been developed as part of environmental constitutionalism and a component of the constitutional legal order. It involves combining the structures and approaches inherent in traditional transitional justice with the introduction of mechanisms for recognizing and responding to damage caused to nature, people, communities, and societies in each of them.