The importance of constitutional protective norms in the system of principles for the implementation of the right to a safe environment

Abstract

The scientific article analyzes the doctrinal provisions for the classification of constitutional norms. Two main approaches were clarified and preference was given to the one that gives a special place to protective norms in the system of constitutional norms. The concept of "environmental protection” has been analyzed, three main approaches have been identified, in which we have singled out the following common features - the systematicity of those protective measures that are applied and the purpose of their use (to contribute to the preservation and restoration of natural resources). The constitutional protective norms contained in the Basic Law of Ukraine, as well as in general and special legislative acts, were analyzed and highlighted. Among the main protective norms in the field of environmental protection, which are contained in the Law of Ukraine "On environmental protection”, the following are highlighted: the basis of sustainable development is not only environmental protection, but also rational approaches to the use of natural resources, which must proportionally take into account the tools of protection and prevention negative impacts from business entities, etc.; predicting environmental safety, monitoring compliance with relevant regulations and limits in the field of natural resource use; protective regulations stimulate the introduction of new technological solutions in the process of greening production processes, guaranteeing conditions for the restoration of natural resources, their integrity and diversity; protective regulations must be scientifically based, take into account interdisciplinary and be predictable, etc. It is substantiated that the list of protective norms-principles defined in Article 3 of the Law "On environmental protection” needs to be supplemented with such a principle as "guaranteeing sustainable development for better environmental protection”.