THEORETICAL ASPECTS OF LEGAL REGULATION OF ENVIRONMENTAL ACTIVITY: THE CONCEPT "ENSURING ENVIRONMENTAL SAFETY" IN RELATION WITH THE CONCEPT OF "ENVIRONMENTAL PROTECTION"

Abstract

The paper discusses the current problems of the Russian environmental law related to the need of improving the mechanism for the legal regulation of environmental activities in the Russian Federation. The authors emphasize importance of environmental problems and need for serious systematic work of state bodies, as well as participation of civil society to solve them. The need for an organizational and legal framework, which should be the foundation of all nature protection activities, is noted. Analyzing the state of environmental legislation, the authors conclude that, despite a large number of regulatory acts, the environmental and legal mechanism of the Russian state is not entirely effective. Justifying their position, the authors focus their attention on technical, legal and theoretical problems of the mechanism of legal regulation of nature protection activities. Among the existing problems, the authors highlight systemic problems of environmental legislation, the essence of which is the duplication and absence of internal unity of regulatory material. The reasons for this are chaotic work of the legislator and the lack of a single long-term plan for his work in the field of environmental protection. In addition to the above-mentioned problem, there is another problem of interpretation of such terms as "environmental safety", "ensuring environmental safety" and " environmental protection". All have been well analyzed. The need for resolving these issues for the practice of environmental activities, as well as their academic significance, is explained. The paper presents doctrinal points of view, as well as the author's position on the causes of some debatable issues in the scientific environment. The authors propose a solution. The features of the legislative consolidation of the terms of "environmental protection" and "ensuring environmental safety" are noted. According to the authors, it does not contribute to the development of a unified opinion on their correlation and creates the prerequisites for further discussions. In general, the authors conclude on imperfection of the legal mechanism regulating relations in the sphere of environmental protection.