Конституционализация природоохранных отношений в России: становление и развитие

Abstract

Introduction: The formation and development of constitutional norms of the protection of nature and the environment is an important condition for creating the favorable environment in the interests of present and future generations. An analysis of the evolution of this process will allow us to trace legal trends in this area and further prospects for constitutionalization of environmental relations. Theoretical analysis. The analysis of the genesis of constitutionalization of environmental relations in Russia has shown that this process has followed the path of recognition of environmental human rights and establishment of environmental responsibilities, which is an important constitutional and legal security measure aimed at creating the favorable environment, ensuring environmental rights of citizens, and acts as an indicator demonstrating the willingness of the state to ensure environmental safety of Russia. Empirical analysis. The development of the process of constitutionalization of environmental relations in Russia is carried out, among other things, through amendments to the Constitution of the Russian Federation. It is concluded that these amendments will not have an immediate positive effect, but they are still a positive trend towards constitutionalization of environmental relations, an “ecological investment in the future”, aimed at forming ecological culture, consolidating positive environmental traditions. Conclusion. Despite the existence of constitutional provisions for environmental protection and a large body of environmental legislation formed on the basis of constitutional prescriptions, Russia has not been able to solve environmental problems so far. Therefore, it is concluded that Russia, despite the legal evolution of environmental relations to the extent of their constitutionalization, cannot yet be called an “ecological state”, since an effective ecological and legal mechanism for implementing constitutional requirements in this area must be created for this purpose.