Теорія і практика правознавства (Dec 2018)
Actual problems of legislative support of environmental interests in the state policy of Ukraine
Abstract
The conceptual principles of ecological interest in the legislation and science of ecological law, their relation with other related legal categories are considered. The peculiarities of the influence of interests on the legal regulation of ecological relations are revealed. The actual formulation of the concept of «interest» as a legal category is proposed, its classification is given, the influence of the natural-legal doctrine on the formation of the general theoretical provisions of providing environmental interests is investigated, directions of improvement of the state ecological policy and legislation in this area are determined. Natural ecological rights, as well as protected by law ecological interests: firstly, is the basis for the emergence, change, termination, suspension of environmental legal relations; and secondly, both categories are dynamic; Thirdly, there are only within the limits of social relations; Fourthly, they exist regardless of their recognition by the state; fifth, implemented on the initiative of their carrier (action or inactivity); sixthly, there are permits for the general legal nature; Seventh, belonging to objects of legal protection and protection. Environmental law is appropriate to refer to public-private law branches, the formation of which takes place under the influence of public and private interests. It is well known that the latter significantly affect the method of environmental legal regulation, which should be considered as a mixed (imperative-dispositive), which is reflected in the variability of behavior of subjects of environmental legal relations. In today's conditions it is expedient to speak about legalization (legalization) of environmental interests, which still remain outside the legal regulation and do not contradict the general legal requirements. Environmental interests as a conscious need for a social character motivate not only the behavior of the subjects of the relevant legal relations, but also the creation of new legal norms. We consider it necessary to speak about the «conflict management between public and private environmental interests» by conducting environmental forecasting of possible conflicts and adopting a number of other measures of ecological-legal orientation (public hearings, public discussions, environmental audits, etc.). Environmental interest as a universal category, which is inherent in almost all spheres of social life, is a part of many ecological and legal institutions. Modern ecological, economic, social and other conditions of life help to strengthen the institutional approach to consolidating and further ensuring ecological interests as a system-forming factor of environmental legislation and law. The category of «legitimate environmental interest» should be enshrined in the Environmental Code of Ukraine with further codification of environmental legislation, which as a result of legislative activity will become a means of reconciling public and private interests, their reasonable compromise.
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