Principles of environmental law: genesis, structure, content

Principles of environmental law: genesis, structure, content

Environmental law is not only a branch of law, butand one of the most pressing aspects of international legal relations, and even state-political relations. This is fully justified, since the ecological civilizational component of the prospects for the development of the planet is becoming increasingly unclear.

Environmental law - is aindependent and separate branch of law, which contains norms, rules and procedures for regulating relations in the system "man - nature - man". Structurally, this industry is divided into sub-sectors, through which the regulation of nature use takes place directly in these areas.

The basic principles of environmental law, asrule, arise not from scratch and not in a single moment. In order to transform ideas about the need for rational nature management into specific legal norms, certain conditions are necessary that will ensure such a transition. Among them, mention should be made of the need for an interest in these problems at the state level, an understanding of the specific nature of the subject of legal regulation, the availability of sources and the application of specific measures for authorizing environmental activities.

The principles of environmental law are always mediatedits subject. In environmental law, this means a set of relations in the field of the use of objects of nature that have a historical character (historically mediated) and have production properties. In addition, when distinguishing the subject of environmental law, it should be understood that in all environmental relations the principles of environmental law act as state ones.

Based on the nature and structure of environmental law, it contains both general legal principles of environmental law, as well as sectoral and special principles of environmental law.

The general legal principles are those thatdetermine the general orientation and the main properties of the whole industry as a whole, and themselves, are mediated by the general legal principles of the state. Here are some of them: democracy, democracy, internationalism, humanism, law, equality, etc.

Sectoral principles of environmental law haveSpecificity, determined by the nature of the relations that they regulate. In the legal science they are divided into two categories: those that belong to the general part of the legal branch and are related to its special part.

The general part includes the principles:

- property, claiming that natural resources are the exclusive inalienable heritage of all peoples.

- state management of relations in the sphere of nature management, which presupposes the primacy of state interests over departmental ones.

- the targeted use of objects of nature, consisting in strict predetermination by the state of the significance of the object and the conditions for its use.

- rational and effective use of environmental management objects, which consists in obtaining a greater economic result from nature due to minimal damage to it.

- the priority of nature protection measures, stating that all objects that were subject to economic exploitation are subject to restoration

- an integrated approach that emphasizes the obligation to take into account the interconnection of all objects of nature management and the integrity of the natural environment.

stability, which assures the nature user's confidence in the sustainability of the ecological facility that he exploits.

- The principle of payability establishes the paid nature of land ownership and land use realized through taxes.

- the principle of planning confirms the planned character of nature management.

Principles attributed to a particular part(special), approve the priorities of nature management in various environments, for example, agricultural land, subsoil, favorable conditions for the existence of animals, and others.

All principles are a systemecological law, they develop in accordance with the changing conditions of existence of the natural environment, as well as political, economic and social transformations.

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