Legal Prohibitions and Restrictions in Ensuring Rational Use of Natural Resources

Abstract

The paper gives a general description of legal prohibitions and restrictions in the field of environmental protection and nature management, shows their objective and subjective meanings. The author determines the balance between legal prohibitions, restrictions, limits and requirements. «Environmental requirements» are defined as a legal means, the meaning of which is broader than legal «prohibitions» and «restrictions». Requirements in the field of environmental protection, in addition to mandatory conditions and restrictions, include other legal means: 1) prescriptions (positive obligations), 2) prohibitions and 3) permits with restrictive conditions. The main purpose of legal regulation in establishing prohibitions and restrictions in the field of ensuring rational use of natural resources is to restrain activities of economic entities within the assimilation capacity of the environment. An additional goal of legal regulation is to improve natural environment, restore its disturbed state, and increase the sustainability of ecological systems. The general prohibition as the first level of normative regulation makes it possible to ensure sustainable nature management as the initial stage of rational nature management. The legal means of the second level of normative regulation are also aimed at ensuring the use of the natural environment within its assimilation capacity. At the same time, at the second level, there are legal incentives that encourage and motivate nature users not just to fulfill their duties, supporting sustainable nature management, but to move to improving ecological systems’ sustainability. The third level of normative regulation consists of prohibitions aimed at improving sustainability of environmental systems. The author proves admissibility of legislative specification of various levels of the general restriction of rights in the field of ensuring rational use of natural resources enshrined in the federal legislation.