In our country, environmental law is still a young branch of law. Its modern name was approved about twenty-five years ago.
Of course, environmental law has its own subject (meaning the totality of social relations that are governed by the rules of the industry), a method, and a developed regulatory framework.
Environmental law can be defined as the totality of social relations related to the sphere of interaction between nature and man. Relationship groups can be distinguished as follows:
- by ownership of objects (natural);
- on nature management;
- on protection ek. rights, as well as all the legitimate interests of organizations and individuals.
- nature conservation.
As already mentioned, the subject of environmental law is public relations regulated by its norms. Its method is a set of methods and techniques for influencing any social relations. As in many other branches of law, the method can be either optional or imperative.
The imperative is based on the fact that the parties are initially in an unequal position (this method is also called administrative-legal). One of the parties must be a body that is endowed with special (state-power) powers. This method, as a rule, is expressed in the establishment of certain prohibitions, precepts, obligations to commit something or to refrain from something. Peremptory norms differ from dispositive ones in that they do not imply any choice from the proposed options for action.
The dispositive method can otherwise be called civil law. In this case, all participants in the relationship are in an equal position. If equality is not lost, then the method becomes imperative. What is this method expressed in? It is expressed in permission (meaning the provision of unlimited rights in solving a wide range of issues), recommendations (setting rules that are not binding), authorization.
It is worth noting that most often environmental law uses combinations of methods, however, the imperative method can still be recognized as dominant.
The foundations of environmental law also include principles. The principle is the guiding principle on which the entire industry is based. That is, it refers to the essence that expresses the social significance of environmental law.
Those principles that have environmental law reflect the objective needs of the individual and the whole society in an environmentally friendly environment.
What are the main principles of environmental law and what are they related to? These principles are based on the fact that nothing can be more important than human life and health, and on the fact that the state should make efforts to create such conditions under which people could live and relax normally. The principles are based on the fact that the combination of economic and environmental interests should be scientifically justified. The point is that the use of natural resources is possible only within the established limit. Neither the state nor individuals can do irreparable harm to nature through their actions. The law punishes not only intentional harm, but also the irrational use of certain resources. State actions that are related to environmental impact should be announced. Hiding facts is against the law. The principle of international cooperation is also important. The environmental problems of any country are the problems of all mankind. Do not forget that we all live on one planet, and we do not have another. Today, many troubles can be avoided only by acting together and harmoniously.