Legal encyclopedia. Letter E

ENVIRONMENTAL RIGHTS

- the developing branch of domestic legislation, its main purpose is to ensure the constitutional right of citizens to a favorable environment, to obtain reliable information about its condition and to compensate for damage caused to their health or property by an environmental offense.

For the first time in scientific terminology, the word "ecology" was introduced by the German scientist Hegel in 1866. Literally translated from the Greek "eco" - home, dwelling, "logos" - teaching, therefore, ecology - the doctrine of the whereabouts of man.

The subject of EP is social (ecological) relations in the field of interaction between society and nature. These relations are divided into two groups: sectoral relations - relations for the protection and use of individual natural resources; Complex relations - relations for the protection of natural complexes.

The objects of EP are as separate natural resources (land, bowels, forest, animal and plant world, atmospheric air, etc.), and whole natural complexes (reserves, reserves, national parks, nature parks, etc. .).

There are 3 groups of objects of environmental law:

1) natural ecological systems, the ozone layer of the atmosphere;

2) land, its subsoil, surface and groundwater, atmospheric air, forests and other vegetation, fauna, micro-organisms, genetic fund, natural landscapes;

3) specially protected natural areas (state nature reserves, nature reserves, national parks, nature monuments), rare or endangered animals and plants and their habitats.

The method of EP is a method of influencing public ecological relations. In the current system of law, two possible ways can be distinguished:

1) the administrative legal method, which is based on the relationship of power and subordination and is at this stage the most acceptable;

2) civil-law method, which is based on equality of parties, on economic instruments of regulation.

Norms EP - rules of conduct that regulate the relationship between people about the protection, use of the environment. The norms of E. P are divided into three groups:

1) branch;

2) complex;

3) ecologized (norms of other branches of law, reflecting the requirements of environmental protection).

The EP system is the totality of its institutions located in a definite

Sequence in accordance with environmental patterns.

E. P. is considered in three ways: as a branch of law, as an academic discipline, as a science. As the discipline and science of EP includes a general, special and special part.

The general part includes: concept, subject, method, sources, objects of EP, ownership of natural resources, state administration in the field of environmental protection, environmental expertise, certification, audit, environmental control, economic measures to stimulate environmental protection And responsibility for environmental offenses. The content of the special part includes issues of the legal regime, use and protection of natural resources and complexes. The subject of attention of the third part, i.e. Special part, is the EP in foreign countries and international cooperation in the field of environmental protection.

As a branch of law, the EP is characterized by its complexity and consists of two parts:

1) environmental law, which includes the following institutions: general provisions, goals and objectives of environmental law, environmental objects, protection principles, environmental management, citizens' right to a favorable environment and other institutions;

2) natural resource law.

Sources EP - legal norms governing environmental legal relations. Sources EP forms a different legislation, which has its own system horizontally and vertically.