Взаимодействие и соперничество основных принципов экологического законодательства

Abstract

Environmental legislation consists of natural resource legislation and environmental legislation. They are supplemented by the environmental norms of other branches of Russian law. The Land, Water, Forest Codes, and other federal laws that make up the first part of environmental legislation contain the basic principles of legal support for rational use of natural resources. Federal laws on environmental protection, on environmental expertise, on the protection of atmospheric air, on radiation safety of the population, on specially protected natural territories, which constitute the second part of environmental legislation, provide for the basic principles of legal protection of the environment. The Urban Planning Code of the Russian Federation dialectically combines the principles of rational nature management and environmental protection. Between these principles, based on the requirements of the Constitution of the Russian Federation, there is a relationship in the form of a close relationship and at the same time some competition. It does not mean confrontation, but it is mostly caused by contradictions between the maximum use of natural resources, obtaining economic benefits from them and the legal protection of the natural environment in the interests of present and future generations. The task of comparing the basic principles of environmental legislation is to find an increase in the effectiveness of their concretization, shifting to norms and requirements, reconciling their discrepancies and discrepancies, including by focusing on understanding, combining general and private interests. This is achieved by clarifying the objectives and content of the principles, a combination of administrative and civil law methods of regulation, modernization and unification of terminology.