Sources of Environmental Law

The principles of environmental law.

Subject of the method of environmental law

2. The concept of environmental law as a complex area of ​​law

Keywords: concept of environmental law, the object of legal regulation, the method of regulation.

1. Subject of the method of environmental law

The object of legal regulation - nature (environment) and its individual elements - earth, mineral resources, water et al., or we can say that the subject is public relations about the nature or the environment.

In environmental law as a subject traditionally distinguished two groups of public relations - the rational use of natural resources and protection of the environment (protection of natural resources).

These two groups form a relationship estimated environmental lawyers, exceptional thing the industry. This position is also reflected in the natural resources legislation. Thus, in accordance with Art. 11 of the Water Code of RK "Governments waters", says that the state administration in the waters of the RK Government of Kazakhstan and local executive authorities, public bodies of water management, as well as other specially authorized state bodies within their competence.

The above two groups of relations universally recognized, and they form the subject of environmental law. Thus, taking into account the interests and needs of the person and the citizen in society-nature interaction mediated by the right, the subject of modern environmental law form a relationship:

- Ownership of natural resources and facilities;

- On the Environment;

- For the protection of the environment from various forms of degradation and environmental protection of the rights and legitimate interests of individuals and legal entities. In the doctrine of environmental law relations regulated by them, called ecological.

With this approach to the legal regulation of social relations in the sphere of interaction between society and nature is ensured that the interests, both nature and man, in what appears biosocial nature of man.

The basic principle of the implementation of environmental management - the principle of rational, t. E. The environmentally sound use of natural resources. Legal regulation of public relations of the Environment for the three types of harmful effects on it of chemical, physical and biological, which predominantly affect and influence the state of the earth's ozone layer.

Legal regulation of environmental protection from chemical, physical and biological impacts is carried out to maintain or restore a favorable environment in terms of its purity, no pollution. Settle legal relations and norms, such relationships are formed and implemented in the field of law enforcement - prosecution, courts, police and other public bodies.

Methods of legal regulation in the right environment.

Methods of legal regulation - a way of legal influence on social relations with the state.

In science, law recognizes two methods - administrative law and civil law, although allocated to approximately 15 areas of law.

The essence of the administrative and legal method of regulation is to establish regulations, permission and prohibition of state coercion to ensure proper behavior and use of legal prescriptions. One of the parties in the administrative relationship is the authorized body of the state. Accordingly, the parties are in an unequal position - administrative relations between the parties are the relations of power and subordination. The environmental laws of the administrative and legal method is mediated in specific forms - rationing, examination certification, licensing, and others. It is expressed in the establishment of allowable emissions of pollutants into the environment, which must be respected enterprises use natural resources, the issuance of licenses for such a release, permission to decision for their construction.

Civil-law control method is based on the equality of the parties relationship. In civil relations, participants generally act as equal entities, independent of each other, and the agreement concluded between them determines their rights and responsibilities and should conform to the law or to be within it.

In the transition to a market economy, with developinngcivil, business law civil method used in this branch of law more broadly. Under this legislation on the environment right to use natural resources is available on the basis of license and contract.

Although the agreement is the nature user with executive authority of the Republic of Kazakhstan, by the nature of such contract is a civil law.

For example, the conclusion of the contract is a civil control method, and if in the course of nature are violated terms of the agreement, which will lead to a specific environmental damage can be applied administrative and legal method of regulating relations for Nature.

2. The concept of environmental law as a complex area of ​​law

In assessing the industry must keep in mind that it includes a number of separate branches of law - land, water, mining, air protection (atmospheric), forestry and fauna. The complexity of the sector of environmental law is determined by the fact that social relations are regulated by environmental as own rules and regulations contained in other areas of law, including civil, constitutional, administrative, criminal, business, financial, agricultural, and so on. D.

What is meant by the Environmental Law (ecological right)? The meaning should be determined from the standpoint of the modern theory of law and taking into account the fact that the law is intended to serve as a means of building in the Republic of Kazakhstan law. Taking into account a number of factors that in theory the right is seen as a body of law, public relations and legal ideas. If we accept that the law as the main source of law, the constitutional state cannot be indifferent to the content of the law. From this perspective, the law may be legal (if the answers to the ideas of law) and legal (when they do not respond). Here we have in mind also that there may be regulations, i.e. other sources of law, for instance, the fundamental ideas of genuine legal - freedom, equality and justice. At the same idea as the basis of law is subjective, it has the power of authority. In connection with this right includes as its element idea, which received regulatory consolidation. The role of law as a regulator of behavior is realized through the impact of legal rules to specific social relations which form the subject of this industry. The main elements of the mechanism of the complex area of ​​law of the environment are the Environmental regulation, Environmental impact assessment, environmental assessment, licensing, economic measures, certification, auditing, monitoring, and measures of legal liability.

Thus, under the law of the environment means a series based on the environmental and legal ideas and rules governing the specific social relations of ownership of natural resources, to ensure the sustainable use of natural resources and the environment from harmful chemical, physical and biological impacts in the process of economic activity, for the protection of environmental rights and legitimate interests of individuals and legal entities.

3. Principles of Environmental Law

Rights principles should guide all participants’ ecological relations - legislative, executive and judicial authorities, businesses, citizens and public associations. General, defines the essence of law in general, are the principles of social justice and social freedom, equality (equality before the law), the unity of the legal rights and obligations, liability for fault, law and others. Therefore, should and must be guided by the following basic principles:

- Priority for the protection of life and health, to ensure favorable environmental conditions for life, working and leisure;

- A combination of scientifically sound environmental and economic interests of society, providing real guarantees for human rights to a healthy and favorable for life environment;

- Rational use of natural resources, taking into account the laws of nature, the potential of the natural environment, the need for restoration of natural resources and to avoid irreversible consequences for the environment and human health;

- Compliance with environmental legislation, the inevitability of punishment for their violation;

- Transparency in the work and close ties with community organizations and the public in solving problems of nature protection;

-International cooperation in environmental protection.

Formed by environmental laws and regulations must be based on the following principles:

- Prevention of harm to the environment in the process of socio-economic development;

- Protection of human life and health. Essentially, it is a principle of human environmental security, the prevention or mitigation of adverse environmental factors on human health;

- Environmental protection - everyone's business. The basis of this principle is Art. 38 of the Constitution of the Republic of Kazakhstan, where it is said that every citizen of the Republic of Kazakhstan must preserve nature and the environment, protect natural resources;

- Democratization of environmental law;

- Humanity that sets prevents cruelty to animals, not to cause harm to flora and fauna;

- Ensuring the rational use of natural resources, the preservation of national long-term potential of natural resources, the sustainable use of natural resources and the rationale for the benefit of future generations;

- Sustainable, environmentally sound, economic and social development;

Preservation and protection of the ecological balance, the restoration of the state of the environment and ecological regulation;

- Free access to environmental information;

- Payment for environmental management, the implementation of fees for the use of natural resources;

- Permitting procedure of environmental impact, the resolution on economic activity in the presence of a positive conclusion of the state ecological examination of the impact on the environment;

- The "polluter pays" - any person who is required to pay for the negative impact of the implementation of activities on the environment;

the ecosystem approach to the legal regulation of environmental protection and natural resources.

4. Sources of Environmental Law

Under the sources of environmental law understand regulations containing rules governing relations in the sphere of interaction between society and nature.

Sources of environmental law has a number of features. Given the fact that the land, water, forest legislation on subsoil and environmental protection are the joint jurisdiction of its subjects, environmental legal norms established at both levels (RK). Another feature of the predetermined nature of the industry itself as an integrated system of law. Legal norms of the industry have a "residence" in various areas of law. Along with the special legislation on the environment, natural resources legislation on the environment, they are contained in acts of civil, constitutional, business, criminal and other legislation. Identify the sources of environmental law presents considerable difficulties, t. To. Published a huge number of laws and regulations on various levels. Overcome these difficulties is designed to serve their classification, which can be carried out on a number of grounds.

Legal force - by laws and regulations.

a) Laws - legal acts adopted by the representative bodies of state power.

b) All other normative legal acts are subordinate. It acts adopted by the President of the Republic of Kazakhstan, the Government of Kazakhstan, the executive bodies of the Republic of Kazakhstan, ministries, departments, local authorities.

On the subject of regulation in general and special.

Common characterized in that the object of their regulation is broad and covers both environmental and other social relations. These include, in particular, the Constitution of the Republic of Kazakhstan. Special - Acts devoted entirely to the environment or its elements (the Law "On Environmental Protection". Water Code of the Republic of Kazakhstan Forest Code of RK).

By the nature of legal regulation - on the substantive and procedural.

Normative legal acts of a material nature - acts containing substantive rules of law. Tangible environmental legal norms establish the rights and duties, and responsibilities of participants in the respective relations (for example, the law "On Environmental Impact Assessment", "On Specially Protected Natural Areas").

Sources of environmental law govern procedural relations in the sphere of nature and the environment, which can be realized by controlling the proceedings. These sources are devoted to such procedures as the development of standards for maximum permissible impact on the environment, state examination, environmental licensing, the protection of environmental rights and interests, and others.

Procedural acts - Civil Code of RK, the Criminal Procedure Code of the Republic of Kazakhstan, the Regulation on the procedure of the state ecological expertise.

By its nature, the normative legal acts as sources of law can be divided into codified and are not. Codified are systematized legal acts. Systematization of normative material is held in the rulemaking in order to bring it into line with the system of regulation of social relations. These acts are more vysokim quality and are leading to a particular branch of law. The environmental laws codified acts - "Environmental Code", "Forest Code of the RK", "The Water Code of the Republic of Kazakhstan", Law "On Subsoil and Subsoil Use" and others.

System of sources of environmental law form: RK Constitution, international treaties of the Republic of Kazakhstan,, generally recognized principles and norms of international law, laws, regulatory decrees and orders of the President, regulatory decisions and orders of the Government of the Republic of Kazakhstan, the normative legal acts of ministries and departments, regulations of local governments, judicial decisions.

Constitutional basis of environmental management and environmental protection

In the regulation of the relations of ownership of natural resources, as in any area of protection and enforcement, environmental rights and legitimate interests of individuals and citizens of Kazakhstan plays a fundamental role. This role is predetermined by the fact that the Constitution secured (recognized) the rights and freedoms of man and citizen, guaranteeing their respect and protection. Laid the foundations of the legal system, the fundamentals of the organization and the limits of state power.

Normally item. 1 of the Constitution of the Republic of Kazakhstan formulated that "the Republic of Kazakhstan proclaims itself a democratic, secular, legal and social state whose highest values ​​are an individual, his life, rights and freedoms."

International treaties, conventions and agreements in the field of nature conservation and environmental protection, involving the CIS countries are traditionally a source of national environmental law. Moreover, it is - a special source of law. Its rules have priority over norms stipulated by national law.

With regard to international instruments in the field of human and civil rights, in accordance with the Constitution of the Republic of Kazakhstan, as well as in connection with the entry of Kazakhstan, the Council, they have become a source of national law (UN General Assembly in 1966 as a part of the USSR) in recognition of the regulation in order to security and environmental protection of individual rights of RK. According to Art. 12 of the Constitution of the Republic of Kazakhstan, the country recognizes and guarantees the rights and freedoms of man and citizen according to the generally recognized principles and norms of international law. Therefore, the sources of national law include the Universal Declaration of Human Rights, adopted by the UN General Assembly in 1948, the International Covenant on Environmental, Social and Cultural Rights and the International Covenant on Civil and Political Rights, adopted by the UN General Assembly in 1966, the European Convention protection of Human Rights and fundamental Freedoms (entered into force on 3 September 1953) and the European Social Charter (entered into force on February 26, 1965).

Act as a source of environmental law

In the state of law the main source of environmental law should be the law. This means first of all that the law should be adequately regulated environmental rights and interests of citizens, their mechanism of enforcement and protection, should determine the main content of the legal regulation of social relations of ownership of natural resources and protecting the environment.

The law is a means of securing the state environmental policy. Therefore, as an act of the institutions of representative branch of the government, it is an expression of the will of the people in determining state policy in the sphere of interaction between society and nature.

Thus, the people through their representatives in the legislature has the ability to shape public environmental policy.

A special place in the system of sources of law environmental law caused just by the fact that all the other acts as sources of law are by-law character. Their legal content is predetermined necessarily correspond to the requirements of the law. Bylaws adopted in violation of this rule cannot be applied.

Дата добавления: 2014-12-16