The Representation Of Interests In The Mechanism For The Legal Regulation Of Environmental Relations: Certain Aspects

  • H.V. Moroz
Keywords: the mechanism of legal regulation of environmental relations, environmental interests, representation (formalization) of interests in legislation, optimal correlation between interests

Abstract

The article is aimed at studying the legal means (ways) of representing (formalizing) interests in the mechanism for the legal regulation of environmental relations.

The conclusion is reached that it deems reasonable to pose a question about an optimal correlation between interests, i.e. about their sound compromise, not a balance between them, since the latter requires balancing them out which is neither factually, nor legally possible.

One characteristic feature of environmental law is its simultaneous use of a permit-based way of the legal regulation by granting the corresponding rights and introducing prohibitions. It contributes to developing a rigid model of the behaviour between the subjects of environmental relations.

One of the criteria determining the degree of the efficiency of the mechanism for the legal regulation of a certain type of relations is, among others, taking a full account of the interests of the subjects of this type of relations by means of representing (formalizing) these interests in legislation, their juridization. There exist several ways aimed at formalizing environmental interests: 1) permits, concerning only citizens and public unions, i.e the powers provided for by the environmental rights of the subjects of environmental law; 2) obligations - prescriptions binding on persons to be fulfilled, designed for state authorities, subjects of economic relations, citizens and their unions; 3) proscriptions.

All of the components of the environmental law mechanism described in the article are complex in terms of their procedure and, in fact, constitute the public law mechanism being aimed at ensuring mostly public environmental interests. Furthermore, its implementation will definitely involve influencing private, often nonenvironmental interests, which should also be taken into consideration. This is what constitutes the very purpose of the environmental law mechanism as a comprehensive coherent system of normatively established measures and requirements, actions and processes aimed at gradually and effectively achieving the objectives of environmental law. This objective lies in developing environmental law and order as a guarantee for the fulfillment of the constitutional environmental rights and nature conservation, including the objective of conserving biodiversity.

Considering the dynamic nature of the development of environmental and other relations with regard to the possibility of the direction of the interests of the subjects of these relations being changed, it deems necessary to reconsider the nature and content of those legal means that constitute the environmental law mechanism.

Published
2019-08-06