What is environmental law?
In our country, environmental law is still a young branch of law. Its modern name was approved approximately twenty five years ago.
Of course, environmental law has its own subject (meaning the aggregate of social relations that are regulated by the norms of this industry), the method, the developed regulatory framework.
Environmental law can be defined as the totality of social relations relating to the sphere of interaction between nature and man. Relationships groups can be identified as follows:
- on ownership of objects (natural);
- on nature management;
- on the protection of eq. rights, as well as all legitimate interests of organizations and individuals.
- on nature protection.
As already mentioned, the subject of environmentalrights are social relations regulated by its norms. His method is a set of ways and methods of influencing any social relations. Like in many other branches of law, the method can be either dispositive or imperative.
The imperative is based on the fact that the partiesare initially in an unequal position (this method is also called administrative-legal). One of the parties must necessarily be an organ that is endowed with special (state-imperious) powers. This method, as a rule, is expressed in the establishment of certain prohibitions, orders, obligations to commit something or from something to abstain. Imperative norms differ from dispositive ones in that they do not presuppose any choice from the proposed options for action.
The alternative method can be calledcivil-law. In this case, all participants in the relationship are in the same position. If equality is not lost, then the method becomes imperative. In what way is this method expressed? It is expressed in permission (meaning the granting of unlimited rights in solving a wide range of issues), recommendations (setting rules that are not mandatory for execution), authorization.
It is worth noting that most often environmental law uses combinations of methods, however, the imperative method can still be considered dominant.
The basics of environmental law also includeand principles. The principle is the guiding position on which the entire industry is based. That is, it means the essence that expresses the social significance of environmental law.
Those principles that have environmental law reflect the objective needs of the individual and the whole society in an environment that is environmentally friendly.
What are the main principles of environmental lawand with what they are connected? These principles are based on the fact that there can be nothing more important than human life and health, and that the state should make efforts to create such conditions under which people could normally live and rest. The principles are based on the fact that a combination of economic and environmental interests should be scientifically justified. It is a question of using natural resources only in the established limit. Neither the state, nor individuals can not cause irreparable harm to nature by their actions. According to the law, not only willful harm is punished, but irrational use of certain resources is punishable. The actions of the state, which are connected with the impact on the environment, should be announced. Hiding the facts is against the law. The principle of international cooperation is also important. Environmental problems of any country are the problems of all mankind. Do not forget that we all live on the same planet, but we do not have the other. Today, many troubles can be avoided only by acting together and in harmony.