Понятие и место права рационального природопользования в системе экологического права

Abstract

It was revealed that rational use of natural resources can be considered both as one of the goals and as a principle of natural resource branches of law, and the right of rational use of natural resources — as a system of legal norms within the relevant branches of law, containing such a goal and (or) principle and implementing them. The concept of the law of rational use of natural resources in the objective sense is formulated. The classification of positions on the use of environmental, environmental and natural resource law is carried out, depending on which system of environmental legal norms is a broader or narrower formation, which of them is completely or partially absorbed by the other. The proposed classification allows us to show the influence of such approaches on the hierarchy of associations of environmental and legal norms (different names of the same subdivisions, their unequal composition, structure, etc.). The place of the law of rational use of natural resources in the system of environmental law has been determined. It is a larger legal entity than an institution, but it is not formed into a sub-sector either. The law of rational use of natural resources refers to the constituent norms of environmental law, which are modified and disclosed in legal institutions of both environmental law and individual natural resource branches of law.