Abstract

The article considers main problems of defining environmental entrepreneurship primarily as a legal phenomenon. The aim of the article is to search for meanings and mechanisms for understanding the legal category of "environmental entrepreneurship", to identify its content, to characterize subjects and to outline main directions of development of legislation governing environmental and entrepreneurial relations. The leading approach to the study of this problem is dialectics, analysis, synthesis, deduction, formal legal method and comparative legal method. Conclusions: The analysis can contribute to creation of developed environmental-entrepreneurial relations in Russia, which is achieved by building a verified conceptual and categorical apparatus, determining the model of legal regulation. The mechanisms of legal regulation require creation of special law and establishment of principle of priority of environmental organization of economic activity as the basic principle of entrepreneurship in general and determinant of legal regulation of environmental entrepreneurship in particular.

Highlights

  • Article 36 of the Constitution of Russian Federation lays down basic principle of attitude to natural resources for citizens and legal entities

  • In determining the lists of types of environmental activity, one should be guided by the principle of an open list and only a formula should be set that allows one to attribute economic activity to environmental activities

  • Zlobin defines environmental entrepreneurship as a socially significant, independent, initiative activity of individuals associated with conscious assumption of potential risk of unprofitable consequences in production of environmental products, which consists in conducting research, credit and financial activities, and performing environmentally significant work and provision of services aimed at generating profit

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Summary

Introduction

Article 36 of the Constitution of Russian Federation lays down basic principle of attitude to natural resources for citizens and legal entities. Use and disposal of land and other natural resources are carried out by their owners freely, if this does not harm the environment and does not violate the rights and legitimate interests of other persons. This restriction of the right of ownership of natural objects at the highest legislative level reflects the "global trend of awareness of global systemic crisis, which primarily includes the environmental component and corresponds to the general vector of environmentalconservation orientation of modern constitutions.". The number of people concerned about water pollution, on the contrary, decreased markedly from 15 to 9%.

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