Аксіологічний зміст принципів юридичної відповідальності за правопорушення проти навколишнього середовища: історичний аспект

Abstract

The article analyzes the legislation of Ukraine of the Soviet period, envisaging legal liability for environmental offenses. The application of the axiological approach made it possible to draw a number of conclusions, in particular on the value content of the general principles of legal liability for offenses in the field of environmental protection. It was determined that the principle of exclusive state ownership of natural resources was central, which in fact determined the ethnistic axiological approach and determined the absolute state nature of the management and protection of natural objects by the state. The environment is one of the values recognized by both modern and traditional societies. Earth, subsoil, water, pure air - all this was a subject of deification even during the Ancient World, and if deeper into pre-state times - during the time of primitive society people understood the value of the environment. The axiological content of the principles of legal liability for offenses against the environment reveals not only the legal content of this phenomenon, but also allows us to understand its ideological value bases. During the Soviet period, the process of formation of the basic and branch principles of law took place, which covered legal liability for offenses related to land, subsoil, water objects, cultural and natural monuments, plant and animal world. Among the general principles of legal liability for offenses in the field of environmental protection, one of the main places was the principle of exclusive state ownership of natural resources, which in fact determined the statist axiological approach and determined the absolute state nature of the management and protection of natural objects by the state, which had an impact on the content of the rules of legal liability for offenses in this area. Specific legislation in the process of implementing the principles studied involves the use of various types of legal responsibility, but the most used was administrative responsibility.