Principles of environmental law: genesis, structure, content

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

Ecological law - is an independent 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 the use of natural resources takes place directly in these areas.

The basic principles of environmental law, as a rule, do not arise from scratch and not in one moment. To transform ideas about the need for rational use of nature in 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 mediated by its subject matter. 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 include those that determine the general orientation and the main properties of the entire industry as a whole, and themselves are indirectly general legal principles of the state. Here are some of them: democracy, democracy, internationalism, humanism, legality, equality, etc.

Sectoral principles of environmental law are specific, 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 nature objects, which consists in the 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 relationship between 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 establishes the planned nature of nature management.

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

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