Increasingly, the environment and its protection issues are being discussed not only the specialized organizations, and society as a whole.And because there is a need for timely development and introduction of special rules, which would be absorbed and effectively use environmental law.
industry sources said legislation are varied and require thoughtful consideration and systematization, which is proposed to consider the following.
General on sources
legal doctrine understands this phenomenon the totality of acts which contain norms of legal regulation of the sector in question right.However, various researchers offer a variety of options for dividing them into types.Thus, the system of sources of environmental law can be carried out on two main criteria:
- criterion of nationality divides all sources directly to the national developed and adopted in the country, and international;
- criterion of "force," which causes the division of the sources of the strength of their actions prescribed in the Basic Law of the state.
presented classifications are typical for almost all components of the legal framework of the country.But it is considered the industry has its own particular method of division.This system is based sources of environmental law on the principle of determining the object.And because it includes such subsectors as faunal, floral, space, air, industry bowels of the earth, and so on.
most appropriate for the understanding is still considered the second of the classification, which will be discussed below.
Sources of environmental law: detailed consideration e
first in a series of sources, and in fact is the basis for the adoption of any other act is constitutional.Typically, it contains rules and regulations, priorities, goals, and which is based on environmental law.The sources, which will be discussed below, are not entitled to contradict that defines the concept.As a general rule, laid down in the act of a human right to a healthy environment, the preservation of natural diversity and the beginning of the corresponding use of natural resources.
second in a series of sources is an international act.As a rule, his position is twofold: as long as he did not pass the ratification procedure, it can not be considered as a source.In this case, the international agreement is a kind of "textbook".However, after it was adopted in the legislation of the state, he gains power beyond the Constitution, if the basis of the legal system otherwise stated.A characteristic feature of this kind of environmental agreements is their dualistic nature.On the one hand, they may contain mandatory rules, and on the other - a key point in the direction of action of recommendation.
third in a series of sources of law in favor.Environmental law can operate as a specialized and the general rules of law.In this case, this form of expression of the law details the procedure for an entire standards laid down in the first two kinds.
Sources of environmental law include and various regulations.Their role in this case comes down to two essential points:
- operational control of the circumstances;
- detailed rules pursuant to the law.
They accepted to all legislative activities of the government, the President, as well as the country's administrative units (districts, counties, autonomous republics and similar entities).
It should be noted that the sources of environmental law differ from their "brothers" in that they are dynamic.This circumstance is due to the fact that the environmental situation around the world is in critical downturn.So, should be fixed at the state level, the rules are not only use wealth with which nature endows the country, but also to take measures to restore reserves, protection from abuse and other activities that could have a beneficial effect on the environment.
From the foregoing it follows that the sources of environmental law - a dynamic institution of legal science, incorporates not only national, but also international law.
