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It is understood as a strictly defined area of social relations, qualitatively different from other social relations that form the subject of another branch of law. Since as an object legal regulation in the sphere we are considering is nature (the environment) and its individual elements - land, subsoil, water, etc. and the human interests associated with them, we can say that the subject is social relations regarding nature or the environment.
Behind the category “public attitude towards nature” are various environmental interests of man, his needs, satisfied at the expense of natural resources. The main ones are environmental, economic, aesthetic, recreational, scientific, cultural. These needs are realized in the constant and active interaction of a person with the outside world - nature and society.

In scientific and educational literature on environmental law as its subject There are traditionally two groups of social relations- on the use of natural resources and environmental protection (protection of natural resources).

But the emerging environmental law in Russia also regulates some other relations that go beyond traditional ones. These are relations of ownership of natural objects and resources and relations to protect environmental rights and legitimate human interests.

Thus, subject of modern Russian environmental law form relationships:

ownership of natural objects and resources;
on environmental management;
on environmental protection from different forms degradation;
to protect environmental rights and legitimate interests of individuals and legal entities.

In the doctrine of environmental law, the relations regulated by it are called environmental.

Feasibility The above classification lies in the interconnected, simultaneous solution in law of a set of problems relating to the ownership of natural resources, their management, ensuring the rational use of natural resources, protecting nature from various forms of degradation, protecting environmental rights and legitimate human interests.
With this approach to the legal regulation of social relations in the sphere of interaction between society and nature, the interests of both nature and man are taken into account, which manifests the biosocial essence of man.

Ownership

When regulating property rights, the special, public nature of the property is taken into account, and therefore environmental law is dominated by state rather than private ownership of the property. Natural resources. By owning them, the state manages natural resources in the public interest by providing them for use by legal entities and individuals.

Nature management

With regard to relations on environmental management and environmental protection, different opinions are expressed in the literature. Some scientists consider environmental management and conservation as a single complex, interdependent task of environmental management in the process production activities. Indeed, to a certain, but small extent, relations on environmental management and environmental protection coincide. Thus, legal regulation of wastewater discharge into a reservoir is regulation of water use. At the same time, legal regulation of wastewater discharge is nothing more than the protection of a water body from pollution.
However, environmental law regulates many relations related to environmental protection outside of relations related to the use of natural resources. These are relations on the regulation of harmful effects on nature, on ecotoxicological testing of agrochemicals and other environmentally hazardous chemical substances, on their registration, transportation, environmental certification, etc.
The ultimate goal and at the same time the task of regulating all these types of social relations is to maintain a favorable state of the environment or restore it.
Relations regarding the use of natural resources are regulated mainly in relation to individual natural resources - land, water, atmospheric air, subsoil, forests, flora outside forests, to objects of the animal world. Respectively we're talking about on regulation of land use, water use, subsoil use, etc. The basic principle of environmental management is the principle of rational, that is, environmentally sound use of natural resources.

Environmental protection

Legal regulation of social relations regarding environmental protection is carried out with the aim of preserving or restoring a favorable state of the environment in the sense of its cleanliness, non-pollution, and concerns three types of harmful effects on it:
1. chemical;
2. physical;
3. biological.

An example of environmental regulation from chemical influences serves to regulate the discharge of wastewater by enterprises into water bodies, emissions of pollutants contained in vehicle exhaust gases, the use of agrochemicals, the use of refrigerants and other chemicals that affect the state of the Earth's ozone layer. The relationships governed by environmental law regarding environmental protection are diverse from physical influences at her. This is environmental protection regulation from:

noise;
vibrations;
electromagnetic fields;
radioactive effects;
excessive pressure on the ground during the use of heavy agricultural machinery;
discharge of warm wastewater into water bodies.

Environmental protection from biological influences includes legal regulation:

relocation and hybridization of flora and fauna;
biotechnology;
entry into the environment of microorganisms (viruses, fungi, bacteria, including pathogens of human infectious diseases);
preventing and combating epizootics.

Legal regulation of relations of ownership of natural resources, use of natural resources, as well as relations to protect the environment from harmful influences simultaneously serves as a means of ensuring the maintenance of ecological balance in nature and compliance with environmental rights and legitimate interests of individuals and legal entities.

Protection of environmental rights and legitimate interests of individuals and legal entities

As for the grounds for identifying relations for the protection of environmental rights and legitimate interests of individuals and legal entities as an independent group of social relations within the subject of environmental law, they are associated, on the one hand, with the impossibility of regulating such specific relations within the framework of other relations, and on the other hand, with the fact that a person, his health and property interests are an independent object of environmental law, along with the objects and resources of nature. Regulated by legal norms, such relations are formed and implemented in the sphere of activity of law enforcement agencies - the prosecutor's office, courts and some other government bodies.

Environmental Safety

In selected scientific works recent years The subject of environmental law, along with relations on environmental management and environmental protection, includes relations to ensure environmental safety. It is also important and appropriate to note here that, in accordance with Art. 72 of the Constitution of the Russian Federation, environmental management, environmental protection and ensuring environmental safety are assigned to the joint responsibility of the federal government bodies of the Russian Federation and the government bodies of the constituent entities of the Federation. Previously, these areas of activity, which form the subject of joint jurisdiction, were enshrined in this form by the Federative Agreements signed on March 31, 1992.

Please note that in Russia the concepts of “environmental safety” and “ensuring environmental safety”, introduced in conceptual apparatus environmental practices, environmental legislation and law without any scientific justification, have become quite commonplace and widely used. The concept of “environmental safety” is used repeatedly in the Federal Law “On Environmental Protection”, in more than 40 other federal laws, in more than 300 decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation, in more than 500 departmental ones. Environmental safety units have been created in the country (for example, as part of the Security Council under the President of the Russian Federation). The full-scale state scientific and technical program "Ecology of Russia", launched in 1991, was curtailed, and in 1992 the implementation of the Federal program "Ecological Safety of Russia" began. Finally, on November 17, 1995, the State Duma of the Russian Federation adopted the Federal Law “On Environmental Safety”, which was not signed by the President of the Russian Federation. Currently, the State Duma of the Russian Federation is discussing new edition project Federal Law on environmental safety issues.
To what extent is it justified to single out environmental safety as an independent area of activity of society and the state?

In this Law, environmental safety is understood as the state of protection of the natural environment and vital human interests from the possible negative impact of economic and other activities, natural and man-made emergencies, and their consequences. Legal means of protecting the interests listed in the definition of environmental safety are regulation, environmental impact assessment, environmental assessment, environmental licensing, certification, control, application of legal liability measures, as well as legal means of protecting environmental rights and legitimate interests of humans and citizens. In other words, we are essentially talking about environmental protection, the protection and protection of environmental rights and legitimate interests of humans and citizens.

An analysis of the Law “On Environmental Safety” adopted earlier by the State Duma of the Russian Federation convinces, firstly, that it does not define or regulate its own clear, specifically expressed relations that would not be covered by the Law “On Environmental Protection”. Secondly, it does not offer any special tools for ensuring environmental safety, different from tools for regulating environmental protection in general. Basically, it reproduces the applicable legal environmental measures. It seems that neither special social relations nor special measures to ensure environmental safety simply exist. Accordingly, there are no grounds for highlighting environmental safety as an independent area of activity in the sphere of interaction between society and nature. There is also no need for an independent Law on Environmental Safety.

Modern concept legal protection environmental protection is based on the idea of the need to ensure prevention and compensation for harm to the environment, health and property of citizens, the national economy, which can be caused by environmental pollution, damage, destruction, damage, irrational use of natural resources, destruction of natural ecological systems and other environmental offenses. The implementation of this concept is aimed at protecting the environmental interests of man, society, the state and the environment, i.e. specifically to ensure environmental safety.

In the context of environmental protection, ensuring environmental safety is seen in a number of aspects. It can be considered as the basic principle of environmental protection, according to which any activity associated with a harmful impact on the environment, as well as legal and other environmental measures provided for in legislation and implemented in practice must be assessed from the standpoint of environmental safety.
To a certain extent, in scientific and practical terms, the concept of “ensuring environmental safety” can be used as a synonym for environmental protection, meaning that the corresponding activities are aimed at preserving or restoring a favorable state of the environment.

Ensuring environmental safety can also be considered as the most important long-term goal and task of activities to restore and maintain a favorable state of the environment, primarily from the point of view of its cleanliness (non-pollution) and resource intensity.

To the best of the author's knowledge, no national environmental legislation foreign countries, the concept of “ecological safety” is not used in international agreements in the field of environmental protection. It is also not found in the latest international documents such as the Rio Declaration and Agenda 21, adopted by the UN Conference on Environment and Development, which was held in June 1992 in Brazil. The subject of both legislation and practical activities consists of environmental protection and regulation of the use of natural resources.

We believe that environmental safety in Russia can be ensured through the consistent implementation of a system of scientifically based legal, organizational, economic, technical, educational and other measures for environmental protection and rational use of natural resources. In order to scientifically substantiate the identification of ensuring environmental safety as an independent area of environmental protection activities and, accordingly, relations to ensure environmental safety, it is obviously necessary to reconsider the concept of environmental protection and identify specific relations to ensure environmental safety from the group of relations for environmental protection . (Brinchuk M.M. Environmental law. Textbook for higher educational institutions. - System, 2010)

The subject of environmental law is formed objectively, in addition to the person. Objectivity is due to the fact that nature satisfies the various interests and needs of man and society. The latter is interested in adequately regulating its interaction with nature for at least two reasons. The first concerns self-interest related to the satisfaction of one's needs. The second is due to knowledge of the laws of natural development. Due to their action, a person must protect not only own interests, but also interests of other types. The principle of respect for all forms of life is formulated as one of the principles of the draft International Pact on Environment and Development. In Russian law, this principle is implemented by regulating the protection of flora and fauna in special legislation.

The independence of any branch of law is determined by the presence of two characteristics: the subject - a qualitatively homogeneous type of social relations regulated by this branch; method of legal regulation - a set of legal tools through which the state exerts the necessary influence on the volitional behavior of participants in social relations.

Subject of environmental law - the subject of environmental law is defined as relations in the sphere of interaction between society and nature and as public relations in the sphere of interaction between society and the environment. The subject of legal regulation is social relations arising between their subjects - individuals, legal entities and the state. Nature cannot be a party to a legal relationship. Material and intangible benefits, regarding which legal relations arise, are their object. Social relations are the relationships between people regarding objects of the material world, and not the relationship of a person to things, objects of nature and other objects of the material world.

So, in Art. 4 of the Federal Law on Environmental Protection, components of the natural environment are defined as objects of environmental protection. Consequently, the subject of environmental law is social relations arising between individuals, legal entities and the state. The environment is the object of legal relations in the field of its protection. The subject of environmental law is defined in the same way as environmentally significant behavior of people, as social relations arising regarding the protection of the natural environment from harmful chemical, physical and biological influences, ensuring the regime of specially protected natural areas, as well as the protection and use of wildlife. The subject of modern environmental law is formed by social relations: ownership of natural objects and resources;

on environmental management; on environmental protection from degradation; on the protection of environmental rights and legitimate interests of individuals and legal entities.

Methods of environmental law - all industries Russian law operate with two methods of legal regulation, namely imperative (administrative law) and dispositive (civil law).

An exclusive method inherent only in environmental law is the method of greening. The purpose of legal regulation of relations in the field of environmental protection is its preservation as the basis of human life and activity. In use this method are based on the requirements of other branches of law aimed at environmental protection.

Imperative method - represents method of authoritative instructions, violation of which is followed by established sanctions. Characteristic feature The imperative method is the presence of elements of power and subordination. Participants in legal relations are not given a choice of behavior options. So, for example, according to paragraph 3 of Art. 56 of the Federal Law on Environmental Protection, projects of economic and other activities for which there are no positive conclusions of the state environmental assessment are not subject to approval, and work on their implementation is prohibited from being financed.

Dispositive method - gives subjects the opportunity to choose behavior options within the framework of the law, based on the equality of the parties. Currently, the dispositive method is beginning to gain some popularity in environmental law. In some cases, the legislator takes the path of providing subjects of environmental legal relations with a certain freedom of behavior. For example, according to paragraph 3 of Art. 23 of the Federal Law on Environmental Protection, if it is impossible to comply with the standards for permissible emissions and discharges of substances and microorganisms, limits on emissions and discharges can be established on the basis of permits valid only during the period of environmental protection measures, the introduction of the best existing technologies and the implementation of other environmental projects, with taking into account the gradual achievement of established standards for permissible emissions and discharges. In a number of cases, legislation provides for contractual regulation of relations between the state and subjects of economic and other activities. Agreements are concluded on the basis of a license for the use of natural resources. However, when concluding these agreements, the establishment of the rights and obligations of the parties does not depend entirely on their will. The parties are required to comply with legal requirements, regulations, and license terms. Free will in their legal relations
significantly limited. Thus, environmental legislation is defined as a branch of Russian law that regulates public relations in the field of use and protection of the environment and the protection of environmental rights of individuals and legal entities.

5.2.2 Environmental law system - any system is an ordered set of elements interconnected and functioning as a single whole. Speaking about the system of any social phenomenon, including such a phenomenon as law, one should determine its components, their relationship and the nature of interaction, as well as the whole that unites them. First of all, it should be noted that the branch of law itself is integral part systems of law. The components of a branch of law are its norms and institutions.

Norms and institutions of environmental law. The primary elements of a system of law, as well as branches of law as part of this system, are the rules of law, which should be understood as a generally binding rule of conduct emanating from the state and determined by it, granting participants in social relations of this type Legal rights and imposing legal obligations on them. In accordance with the system of environmental law, and also taking into account the fact that this law is a complex branch, and its norms are also contained in legal acts that are sources of other branches of law. Environmental law norms are divided into:

On complex, adopted for the purpose of protection and use

the environment in general;

Industry norms through which legal

regulation of the protection and use of individual natural objects;

Ecologized - norms of other branches of law, reflecting requirements in the field of environmental protection.

The next element in the hierarchy of components of the system of the branch of law is the institution of law, representing a set of legal norms regulating a homogeneous group of social relations.

The following institutions are distinguished in environmental law:

1-principles of environmental law; 2-environmental rights and obligations of individuals and legal entities; 3-basics government controlled environmental protection; 4-environmental control; 5-environmental monitoring; 6-environmental regulation; 7-environmental impact assessment and environmental assessment; 8-economic mechanism for environmental protection, including regulation of fees for negative impacts on the environment, environmental insurance, as well as legal regulation entrepreneurial activity carried out for the purpose of environmental protection; 9- environmental protection when carrying out certain types of economic activities;

10-protection of specially protected natural areas; zones of environmental disaster and emergency situations; 11-basics of formation of ecological culture; 12-responsibility for violation of legislation in the field of environmental protection.

Sub-sectors environmental legislation. Environmental law is divided into two components - environmental and natural resource law, which represent its sub-sectors.

Environmental law draw up norms regulating relations in the field of environmental protection as a whole, establishing General requirements to business entities. The most important source of law regulating this area of public relations is currently the Law on Environmental Protection (Federal Law “On Environmental Protection”, Appendix 1).

Natural resource standards rights regulate public relations in the field of use and protection of individual components of the environment: lands, waters, subsoil, forests and other vegetation, atmospheric air, wildlife, continental shelf (for example, “Forest Code”, Appendix 2). Natural resource legislation establishes the basis for the legal regulation of relations for the rational use and protection of individual components of the environment, including the rights and obligations of individuals and legal entities in the field of these social relations, forms of ownership of environmental components, legal basis their use, the basics of public administration in regulated areas of public relations.

At the same time, it must be remembered that the legal norms of environmental and natural resource law are subject to application only in close interaction. However, as general and specific, they are not completely correlated, since they have both common to them and their own subjects of regulation. For example, the Federal Law on Environmental Protection establishes the basis for legal regulation of emergency environmental disaster zones and environmental insurance. However, this Federal Law does not regulate property relations over natural resources. The regulation of these relations is carried out by natural resource legislation: Land Code, VK, LK, Law of the Russian Federation “On Subsoil”, Federal Law “On Animal World”.

The relationship between environmental and other branches of law. The third part of environmental law consists of norms of other branches of law. These norms are twofold. Although they belong to branches of law that have a different subject of regulation from environmental law, they concern ecology, united by the task of protecting the environment. The inclusion of norms aimed at environmental protection in other branches of law should be characterized as the greening of these branches of law. Of course, the basis for the development of environmental law as a branch of law is Constitution of the Russian Federation. Environmental law is closely related to administrative law. The grounds for the emergence, change and termination of environmental legal relations are most often executive and administrative acts of executive authorities and bodies local government. For example, the conclusion of the state environmental assessment approves federal Service on environmental, technological and nuclear supervision. A related institution of environmental and administrative law is a set of norms regulating the organization and activities of executive authorities exercising public administration in the field of environmental protection and use. Administrative law regulates the operation of these bodies and establishes their competence to carry out relevant management functions. Environmental law, in contrast to administrative law, determines the content of the activities of executive bodies of state power in the field of environmental protection. The specifics of environmental relations determine the implementation of special management functions, for example, such as state environmental assessment and environmental monitoring. The Code of Administrative Law establishes liability for administrative offenses in the field of environmental protection. The elements of environmental crimes and responsibility for them are enshrined in the Criminal Code of the Russian Federation. Environmental law also has some related subjects of regulation with civil law . Thus, civil legislation establishes the basis of ownership and property circulation of land and other natural resources. In accordance with paragraph 3 of Art. 129 Civil Code and paragraph 3 of Art. 3 ZK land (civil and land codes) and other natural resources may be alienated and transferred from one person to another to the extent that their circulation is permitted by the laws on land and other natural resources. Consequently, priority in this area is given to natural resource legislation. In a number of cases, natural resource legislation provides for the conclusion of agreements between a specially authorized government body and the user of natural resources. The norms of subsection 2 “are applicable to these legal relations.” General provisions on contracts" Section III of Part 1 of the Civil Code. In accordance with Art. 7-51 of the Civil Code, the contractor is obliged to comply with the requirements of the law and other legal acts on environmental protection when carrying out construction and related work, and is responsible for violating these requirements. If harm is caused to the person or property of a citizen or the property of a legal entity as a result of an environmental offense, the provisions of Chapter 59 of the Civil Code on obligations due to harm.

Requirements in the field of environmental protection also contain legislative acts regulating various areas of economic activity. These include, for example, the federal laws “On the Industrial Safety of Hazardous Production Facilities”, the Federal Law “On Radiation Safety of the Population”, the Federal Law “On the Safe Handling of Pesticides and Agrochemicals”, the Federal Law “On State Regulation of Ensuring the Fertility of Agricultural Lands”. Relations in the field of environmental audit are subject to the Federal Law “On Auditing Activities”. Article 57 of the Federal Law on Environmental Protection equates the legal regime of environmental emergencies to emergencies of a natural and man-made nature. Legal regulation of relations in the field of protecting the population from natural and man-made emergencies is carried out by the Federal Constitutional Law “On State of Emergency”, the Federal Law of the Federal Law “On the Protection of the Population and Territories from Natural and Man-Made Emergencies”.

5.2.3 Environmental law as a science and academic discipline. Environmental law is understood not only as a branch of law, but also as a science and academic discipline. Environmental legislation, the practice of its application, problems, achievements, shortcomings and development paths are the subject of scientific research by legal scholars and study in higher education. educational institutions. The subject of science and academic discipline is much broader than the sphere of social relations regulated by law, includes the study of foreign legislation, as well as such general theoretical provisions as the sources, system, methodology of environmental law, its relationship with other branches of law, increasing the efficiency of action, the specifics of legal responsibility for environmental offenses.

Environmental law as a science - is a system of knowledge, theoretical provisions in the field of environmental law, and is an integral part of the system of legal sciences. The subject of the science of environmental law is:

- branch of environmental law- science studies the norms and institutions of environmental law, analyzes the role of these legal norms and institutions in regulating relevant social relations. The object of study is also the branch of environmental law as a whole. Science studies the sources of the industry, its system, features of environmental-legal relations, types of norms and methods of their implementation, the specific nature of the subject of the industry, the place of the branch of environmental law in the legal system of the Russian Federation;

- environmental-legal relations- research of law is impossible without studying and generalizing the practice of its application. The subject of the science of environmental law is the social relations regulated by this industry. Their study makes it possible to identify problems in the implementation of the legal norms being studied and to develop proposals for increasing the efficiency of their application. Conclusions and theoretical concepts made on the basis of a generalization of practical experience constitute the content of the science of environmental law. Based on a study of the practice of environmental law, proposals are being developed to improve the standards and application of current legislation. In themselves, the provisions of environmental legal science do not have a normative, generally binding nature, but they become a theoretical basis for the creation of new legal norms, for further development and improving legislation.

Environmental law is one of the “youngest” industries and scientific disciplines. Environmental legal research does not have such deep traditions as civil or criminal law, nor is it supported by the same number of specialists and scientific workers" However, at present, problems of legal environmental protection are becoming increasingly relevant and, as a result, determine the active development of this industry, the emergence of new scientific research environmental and legal direction.

Environmental law as an academic discipline. One of those enshrined in Art. 3 of the Federal Law on Environmental Protection, the principles of environmental protection are the principles of organizing and developing a system of environmental education, upbringing, and the formation of an environmental culture. General norms on environmental education and enlightenment are established in Chapter. 13 of the said Federal Law. Public relations in the region environmental education and education are also regulated by legislation on education and legal acts subjects of the Russian Federation, since environmental protection issues and general issues of upbringing and education are covered by Art. 72 of the Constitution to the joint jurisdiction of the Russian Federation and its subjects.

Environmental education - This is a continuous process of training, education, self-education, accumulation of experience and personal development, aimed at the formation of holistic orientations, behavioral norms and special knowledge on environmental conservation and natural resource management. The goal of environmental education is to develop environmental knowledge and a responsible attitude towards the environment. Environmental education is necessary for further conservation of the environment, careful attitude to natural resources. Without environmental knowledge, it is impossible for a person to develop as a harmonious personality with a humanistic attitude towards the natural environment.

According to Art. 71 of the Federal Law on Environmental Protection, in order to develop an environmental culture and professional training of specialists in the field of environmental protection, a system of universal and comprehensive environmental education is established, which includes preschool and general education, secondary vocational education, professional retraining and advanced training of specialists. Teaching the basics of environmental knowledge is carried out in preschool educational institutions, educational institutions and institutions of further education, regardless of their profile and legal form.

Preschool environmental education consists in the primary familiarization of the child with the environment. When teaching ecology in the system general education a larger amount of information is provided. IN educational programs There are such subjects as “Natural history”, “Ecology”, “Fundamentals of ecology”. IN Lately Interest in teaching environmental disciplines has increased significantly. However, within school curriculum These items are not mandatory everywhere.

Environmental law is included in the state standard legal education. The purpose of studying environmental law is for students to gain an understanding of the development of this branch of law, its place in the system of branches of law of the Russian Federation, the environmental rights and responsibilities of citizens, as well as methods of protecting them, and the legislative requirements for an economic entity in the field of environmental protection , on liability for causing harm to the environment and other institutions of environmental law. Environmental law as an academic discipline consists of a general and a special part. In the general part, topics such as the subject, methods, system of environmental law, its principles, place in the legal system of the Russian Federation are studied; sources of environmental law, environmental rights and responsibilities of citizens, fundamentals of state management of environmental protection; payment for environmental pollution and other elements of the economic mechanism for its protection; environmental disasters and emergencies environmental situations; liability for violation of environmental legislation. A special part of environmental law is devoted to the study of legal regulation of the use and protection of individual species natural objects: forest, water resources, wildlife, atmospheric air, subsoil, lands; legal regulation of the use and protection of specially protected natural areas.

5.2.4 Environmental legal relations - about the subject of legal regulation by the state is the corresponding social relations. By regulated norms of law, these relations acquire a legal character. Social relations regulated by the state by legal norms are called legal relations in legal theory.

Composition of environmental legal relations - legal relationship is a complex social formation that has a certain internal structure, the constituent elements of which are the participants, objects and content of the legal relationship.

Participants in legal relations are individuals, legal entities and the state. Participants in environmental legal relations act in them as bearers of environmental rights and obligations, subjects of economic and other activities subject to environmental requirements, as persons carrying out activities in the field of environmental protection and protection of environmental human rights.

The state acts in environmental legal relations as:

owner of natural resources - law enforcer. The content of legal relations consists of the mutual rights and obligations of their participants, individuals and legal entities . Objects of environmental legal relations deserve separate, more detailed consideration.

Objects of environmental legal relations are objects of the material world, as well as the actions of subjects in relation to which environmental legal relations arise and are carried out. The objects of environmental legal relations include: environmental components;

substances entering the environment as a result of chemical, biological and physical impacts on it during economic and other activities, in the form of emissions and discharges, production and consumption waste; actions, behavior of subjects of environmental legal relations.

The main properties of environmental components as objects of environmental legal relations are their natural origin and inextricable connection with nature. If any component of the environment is removed from it and isolated, it is no longer inextricably linked with it (land in flower pot, water flowing through water pipes), then it is the object of other legal relations (civil relations, relations in the field of ensuring the sanitary and epidemiological well-being of the population). The object of environmental legal relations is the environment. The definition of the environment, as well as other objects of environmental legal relations, is enshrined in Art. 1 Federal Law on environmental protection. Environment is defined as a set of components of the natural environment, natural and natural-anthropogenic objects, as well as anthropogenic objects. Along with the term “environment”, the Law in Art. 1 provides an interpretation of the term “natural environment”. Natural environment or nature is defined as a set of components of the natural environment, natural and natural-anthropogenic objects. Natural object is defined as a natural ecological system, natural landscape and their constituent elements that have retained their natural properties. Natural-anthropogenic object - as a natural object, changed as a result of economic and other activities, and (or) an object created by man, possessing properties natural object and has recreational and protective significance. Anthropogenic object is an object created by man to meet his social needs and does not have the properties of natural objects.

The environment, unlike nature, includes anthropogenic objects. However, in accordance with Art. 4 Federal Law on environmental protection by objects of protection are: land, subsoil, soil; superficial and The groundwater; forests and other vegetation, animals and other organisms, their genetic fund; atmospheric air, the ozone layer of the atmosphere and near-Earth space.

The law also defines other objects of protection: natural, natural-anthropogenic, natural ecological systems, natural complexes, natural landscapes, natural resources, components of the natural environment. The objects of environmental legal relations also include harmful substances , entering the environment as a result of economic and other activities. The use of substances removed from the natural environment in the technical process as property is regulated by civil law, but as soon as these substances enter the environment in the form of waste, emissions, wastewater, the relations associated with these substances are determined by environmental law.

The object of legal relations is also the actions of their subjects . So, for example, if a business entity performs such an action as submitting for approval to a specially authorized government body project documentation, which does not contain a positive conclusion of the state environmental assessment, then a refusal to approve such documentation will follow.

Often environmental legal relations include a set of given objects. When holding an economic entity accountable for violating emission and discharge standards, the object of this legal relationship includes the actions of the responsible entity, pollutants, and the state of environmental components.

Types of environmental legal relations - e Environmental legal relations are classified according to the same criteria as legal relations related to any other branch of law. First of all, they themselves are an integral element of the system of legal relations, divided by branches of law (labor, civil, family, etc.). Depending on the reasons for the occurrence Legal relations are divided into general and specific. General legal relations arise on the basis of a rule of law, their subjects are not specifically defined, only a legal state is created. For example, in accordance with Art. 19 of the Law of the Russian Federation “On Subsoil” owner land plot has the right, without obtaining a license, to extract common minerals for its needs to a depth of 5 m (Bogolyubov, 2006). The subject of law can exercise this activity, guided only by the specified norm. Specific legal relations arise on the basis of other legal facts. If an economic entity intends to develop mineral resources that are not classified as common mineral resources, it is obliged to: contact the relevant government authority and obtain a license. A specific legal relationship arises. Depending on the individualization of subjects Legal relations are divided into absolute and relative. In an absolute legal relationship, only one party is precisely defined - the bearer of subjective right, while all other persons - “anyone and everyone” - are obligated. In a relative legal relationship both sides are defined. So, in accordance with Art. 27 of the Water Code, a citizen water user has the right to freely use water bodies for his own needs, unless otherwise established by the Water Code. A citizen is a bearer of subjective right, which is opposed by the obligation of all other persons this right do not violate. However, a water user-citizen has the right to use water bodies to carry out business activities only after receiving a license for water use, unless otherwise established by this Water Code. When issuing a license and concluding an agreement on its basis, a relative legal relationship arises between the water user and the government authority.

Legal relations are divided into material legal relations, arising on the basis of substantive and procedural rules, arising on the basis of procedural norms. Substantive legal norms establish the rights and obligations of participants in legal relations, procedural legal norms establish the forms of implementation of substantive norms. For example, documentation submitted for state environmental assessment must contain materials for assessing the impact on the environment (a norm of substantive law). The procedure for assessing the impact on the environment is established by the Regulations on assessing the impact of planned economic and other activities on the environment in the Russian Federation, approved by order of the State Committee for Ecology of Russia dated May 16, 2000 No. 372.

According to the legal functions of law distinguish between regulatory and protective legal relations. Regulatory legal relations exist in compliance with legal requirements. Protective legal relations arise when there is a violation of the law and the corresponding reaction of the state or the injured party to such a violation. Thus, when releasing harmful substances into the environment, a business entity is obliged to comply with the standards established by the state. Liability is established by law for exceeding standards. When implementing these sanctions, protective legal relations arise.

Questions to the topic

What definition should be given to environmental law as an independent branch of Russian law?

Legal norms of which industries (besides environmental law) regulate environmental legal relations?

What structural elements is the branch of environmental law divided into?

What is the object of environmental and legal regulation?

What are the features of legal regulation of environmental legal relations?

Which branch (public law or private law) should environmental law be classified as?

List environmental institutions.

5.3 Legal regulation of the protection and use of certain environmental objects. Features of the legal regime of lands. Features of the legal regime of subsoil. Features of the legal regime of waters. Features of the legal regime of forests. Features of the legal regime of flora and fauna.

The essence of the administrative-legal method of legal regulation consists in establishing orders, permissions, prohibitions, and ensuring state coercion to proper behavior and execution of legal regulations. One of the parties in administrative relations is the authorized body of the state. Accordingly, the parties are in unequal relationships - relations of power and subordination develop between the participants in administrative legal relations. In environmental law, the administrative-legal method is mediated in specific forms- standardization, examination, certification, licensing, etc. It is manifested in the establishment by the authorized government agency permissible emissions of pollutants into the natural environment, which must be observed by enterprises using natural resources, issuing special licenses for such emissions to these enterprises, allowing them to make a decision on the construction, for example, of a high-speed highway St. Petersburg - Moscow (only with a positive conclusion from the state environmental examination), prohibition of import for the purpose of storage or disposal of radioactive waste and materials from other states, application of legal liability measures, etc.

Civil legal method of legal regulation is based on the equality of the parties to the legal relationship. In civil legal relations, their participants usually act as equal subjects, independent of each other. Through the contract (agreement) concluded between them, they themselves determine their rights and obligations, which, however, must comply with the law and be within its framework. An example of such an agreement could be an agreement between an enterprise that generates industrial waste and a transport enterprise for transporting waste to recycling facilities.

In conditions of transition to market economy, in connection with the improvement of civil and business legislation, the civil law method is being used more and more widely in this branch of law.

Stimulation method consists in establishing provisions in legislation aimed at stimulating subjects of environmental law (as a rule, users of natural resources) to proactively take and implement measures to effectively comply with the requirements of environmental legislation. Such provisions include, in particular, the establishment of fees for negative impacts on the state of the environment; establishment of tax and other benefits provided to state and other enterprises, institutions and organizations, including environmental protection ones, when introducing low-waste and non-waste technologies and production, using secondary resources, and carrying out other activities that provide an environmental effect; exemption from taxation of certain subjects (or objects), for example, environmental funds, specially protected natural areas; application of incentive prices and premiums for environmentally friendly products; introduction of special taxation of environmentally harmful products, as well as products manufactured using environmentally hazardous technologies; application of preferential lending to enterprises, institutions, organizations, regardless of their form of ownership, that effectively protect the environment.

Greening method

The subject and method must have a certain unity and generality. What does this mean? The separation of methods of influence from the content of regulated social relations has a negative impact on the effectiveness of legal regulation.

To overcome this gap in environmental law, the leading method, according to Erofeev, is the method of greening. This concept was introduced by V.V. Petrov. This method of legal regulation is aimed at harmonizing relations between society and nature. This method is introduced as a combination of a general ecological approach with a differentiated, object-by-object approach, when in legal regulation the use of each natural object is carried out from the standpoint of the interests of the preservation of a given ecosystem, but at the same time the characteristics of the object are taken into account.

The greening method is generated by the peculiarities of the subject of environmental law. These features boil down to the fact that within the framework of the legal regulation of environmental legal relations, the laws of nature must be taken into account.

The greening method includes the following elements:

1. Consolidation in the current legislation of those elements of the ecosystem that are environmentally and economically significant and the use of which or the impact on which requires legal regulation and provision.

2. Consolidation in the current legislation of the structure of those bodies that carry out specific regulation of the use of natural objects and control the safety and reproduction of ecological systems.

3. Consolidation in legislation of the circle of natural resource users who have an impact on the natural environment.

4. Clear regulation of the rules of environmental management, which are determined, on the one hand, by the specifics of the environmental management object, and on the other - legal status nature user. Thus, the use of wild fauna (hunting) is regulated taking into account the characteristics of wild fauna, as well as the statutory legal capacity of the organization to which the hunting grounds are allocated.

5. Establishment of legal liability for violation of environmental regulations.

The listed five elements, according to Erofeev, constitute the content of the method of environmental law.

If the subject of legal regulation tells us what is regulated by the rules of law, what social relations, then the method of legal regulation shows how these relations are regulated, by what methods and means. Environmental law has its own method of legal regulation of public relations, like any other branch of Russian law.

Method- this is a specific method of legal influence on the behavior of participants in environmental relations on the part of the state, established by the rules of law.

In the science of environmental law, two methods are recognized - administrative-legal (imperative) and civil-legal (dispositive).

Imperative method ( method of administrative-legal regulation) is based on the inequality of the participants in the relationship and is expressed in the establishment of regulations, permissions, prohibitions, as well as in ensuring their implementation through state coercion to proper behavior. He intended for To ensure compliance with environmental requirements. Its essence is to establish instructions, permissions, prohibitions, to ensure state coercion to proper behavior and execution of legal regulations.

Dispositive method (civil legal method of legal regulation) is based on the equality and independence of the parties from each other and is implemented by concluding an agreement in which the parties themselves determine their rights and obligations, which must comply with the law and be within its framework. The main objective of this method is to stimulate the legitimate behavior of subjects through material interest environmental relations. For example, when implementing voluntary environmental insurance in order to protect property interests in case of environmental risks.

Each branch of Russian law uses, along with general legal methods, its own inherent ways regulation. Some of them have not yet been properly formulated by legal science, but their search is necessary and important to continue. Environmental law also has its own industry methods. They arise from the requirements formulated in the generally accepted principles of international law and the current Russian legislation on environmental protection.

It is necessary to distinguish between methods inherent in environmental law for regulating the relationship between society and nature, such as taking into account the natural essence of natural objects protected by environmental law. The requirement of such an approach is aimed at ensuring the preservation of natural objects and resources that are vital for current and future generations of people. For this purpose, the norms of the current legislation are designed to provide a regulatory impact on public relations in such a way that:

Biological resources were used only within the limits of their natural ability to reproduce themselves;

Soil productivity was maintained or improved through conservation measures to prevent erosion and any form of self-destruction;

Reusable resources, including water, must be reused and treated;

Non-renewable, single-use resources must be exploited sustainably, in moderation, taking into account their natural reserves.

These methods of interaction between society and nature are formulated in the World Charter for Nature (1982).