Environmental law is not only a branch of law, but also one of the most relevant aspects of international legal relations, and even state-political ones. This is fully justified, since the ecological civilizational component of the prospects for the development of the planet is becoming increasingly obscure.
Environmental law - is an independent and isolated branch of law, which contains the norms, rules and procedures for regulating relations in the system "man - nature - man." Structurally, this industry is divided into sub-sectors through which regulation of environmental management takes place directly in these areas.
The basic principles of environmental law, as a rule, arise not from scratch and not at one moment. For the transformation of ideas about the need for rational environmental management into specific legal norms, certain conditions are necessary that will ensure such a transition. Among them should be mentioned the need for interest in these problems at the state level, an understanding of the specifics of the subject of legal regulation, the availability of sources and the application of specific measures to sanction environmental activities.
The principles of environmental law are always mediated by its subject. In environmental law, such is understood as the totality of relations in the field of the use of natural objects of a historical nature (historically mediated) and have production properties. In addition, when highlighting the subject of environmental law, it must be understood that in all environmental relations the principles of environmental law act as state ones.
Based on the nature and structure of environmental law, it contains both general legal principles of environmental law and industry-specific and special principles of environmental law.
General legal principles include those that determine the general orientation and the main properties of the entire industry as a whole, and they themselves are mediated by the general legal principles of the state. Here are some of them: democracy, democracy, internationalism, humanism, rule of law, equality, etc.
Sectoral principles of environmental law are specific, determined by the nature of the relations that they regulate. In legal science, they are usually divided into two categories: those that relate to the general part of the legal industry and related to its special part.
The general part includes principles:
- property, claiming that natural resources are the exclusive inalienable property of all peoples.
- State management of relations in the field of environmental management, which involves the primacy of state interests over departmental.
- the intended use of natural objects, which consists in strict predetermination by the state of the significance of the object and the conditions for its use.
- rational and efficient use of natural resources, which consists in obtaining a greater economic result from nature due to minimal damage to it.
- The priority of environmental measures, which states that all facilities that have been economically exploited are subject to restoration
- an integrated approach, which emphasizes the obligation to take into account the relationship of all nature management objects and the integrity of the environment.
sustainability, affirming the confidence of the nature user in the sustainability of the ecological facility that he operates.
- The principle of payment affirms the paid nature of land ownership and land use, implemented through taxes.
- The principle of planning affirms the planned nature of nature management.
The principles related to the special part (special) confirm the priorities of nature management in various environments, for example, agricultural lands, mineral resources, favorable living conditions for animals and others.
All principles constitute a system of environmental law, they develop in accordance with changes in the conditions of existence of the natural environment, as well as political, economic and social transformations.