Environmental law. The concept, subject and methods of environmental law

Modern domestic law is quite complex and consists of a number of industries. One of them is environmental law, with the concept, subject and methods of which we suggest that you familiarize yourself. This is an important industry, because its key objective is defined as environmental protection and preservation of natural resources.

Definition

We begin our acquaintance with the concept, subject, methods and system of environmental law (EP).

This industry with confidence can be called the most important in domestic law, since it implies a set of measures aimed at:

• Regulation of public relations related to natural resources, ownership of them.
• Proper and careful use of them.
• A guarantee of environmental safety.
• As well as protecting the rights of citizens (environmental and others).

Moreover, this term means not only the legal industry, but also science, and in addition - the academic discipline studied by students.

Another specific feature of the industry is that environmental relations are governed both by its own norms and by norms included in other branches of Russian law (civil, constitutional, criminal and others).

Main objects

So, it is customary to highlight a special branch of law. We continue our acquaintance with the concept, subject, methods and sources of environmental law, as well as its objects. The latter, according to the current legislation, include:

• Environment. It is a part of the natural environment, subject to human influence.
• Natural complexes.
• Natural resources and objects.
• Person.

All this is under state protection.

Thing

We continue consideration of the concept, subject, method and principles of environmental law. The subject of the analyzed legal industry are legal relations arising in connection with the use of natural resources and the protection of nature.

Source Requirements

When studying the concept, subject, methods and sources of environmental law of the Republic of Kazakhstan and the Russian Federation, it is imperative to consider the main sources of this most important industry. First of all, these include normative acts, which include binding norms. The features of the sources are as follows:

• Installed form.
• Acceptance by authorized bodies.
• They can be installed both at the federal and regional levels.
• Must not conflict with the Constitution and federal law.

A distinctive feature of environmental law is that its norms are contained not only in industry legislation, but in others (civil, criminal).

Source Classification

The sources of this branch of law are quite diverse. The following table presents the main approaches to their classification.

Separately, let us single out sources of electronic energy on an international scale: these are conventions, treaties between different states. At the level of national legislation, the RF Constitution is the most important source. The picture below shows a further hierarchy of sources.

These are the most important of the sources of the environmental industry of domestic law.

System of law

We continue to consider the concept, subject and methods of environmental law, the system of environmental law. Like any industry, it has a complex structure, that is, it has a structure. The set of norms forms a legal institution, and the sequence of such institutions is a system of this legal industry.

It includes three interconnected elements:

• The total.
• Special.
• Special part.

We consider each of them in more detail.

a common part

It is the most important element of the EP system and represents the concept, subject, methods, tasks and goals, principles and sources of this legal industry. In addition, this includes the rights of individuals (both citizens and organizations) to use natural resources, manage nature conservation, and environmental monitoring.

In the general part, economic mechanisms of nature management are also considered, in particular, payment for forced environmental pollution in the course of industrial activity. As well as liability issues for violation of established standards.

Special and special parts

As part of a special part, the legal specifics of the use of each natural wealth (subsoil, water, land, plants and animals), as well as the protection of the ozone layer of the Earth, the specifics of conservation measures in relation to nature reserves, sanctuaries, national parks are considered. A special part is also devoted to work with territories with the most unfavorable environmental background, as well as radioactive waste.

The special part studies international environmental law, cooperation of various states in the field of nature conservation, and international organizations.

Thus, the environmental law system is quite complex.

Principles

The protection of nature and its wealth is the most important task of the state; therefore, it is not surprising that special attention is given to these events. It is customary to single out a number of the most important principles of this industry, some of which are reflected in the Federal Law "On Environmental Protection". They are mandatory for compliance by all entities with environmental relations. We list the key principles:

• Mandatory observance of the human right to a safe environment. That is, people should be in a favorable environment, which will not harm their health and will not cause a reduction in life span.
• The economic, environmental and social interests of a person, as well as their combination, must have a scientific justification. It is clear that the rapid development of industry inevitably leads to harmful emissions into the atmosphere and pollution of water bodies and forests, but without this it is impossible to imagine the path of scientific progress. Therefore, the task of the state is to seek a middle ground, not to impede the development of industry, but to avoid causing excessive harm to nature.
• Natural resources should be under state protection, as well as rationally used.
• Damage to nature is sometimes inevitable, therefore, in environmental law there is another unique principle - the paid use of wealth, compensation for damage.

This is not all, but the basic principles that make it possible to understand the specifics of environmental law. Any kind of activity of people on earth should not cause irreparable harm to it, therefore timely monitoring is also mandatory. In addition, the preservation of the species diversity of flora and fauna is one of the most important tasks of the industry. Even insects, fungi and viruses are valuable.

For violation of environmental legislation, liability is provided, therefore, this branch of law is closely interconnected with civil, administrative and criminal.

Methodology

We conclude our consideration of the concept, subject and method of environmental law. The latter is a set of techniques used to achieve certain tasks. Within the framework of environmental law, it is customary to distinguish two main methods: imperative and dispositive; some researchers also add greening as a method.

• The imperative method is a set of prohibitions and prescriptions, a description of measures of proper behavior. The forms are numerous: examination, regulation, licensing, certification and some others.
• The dispositive is that the rights and freedoms of the parties are equal, which is why in the framework of environmental law, the conclusion of various types of contracts, as well as compensation for damage caused, is becoming increasingly popular.
• Finally, the essence of greening is that EP standards are gradually penetrating into other industries.

These are the concept, subject and methods of environmental law as a branch of law. It can still be called a young industry, since attention to the protection and protection of the environment and natural resources has appeared relatively recently. But this does not negate its importance, therefore, we can assume that in the future it will receive a more detailed development.