Principles of Environmental Law
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- General Provisions
- Principles in Legal Theory
- Principles in Environmental Law Literature
- Principles in Legislation
General Provisions
The principles of environmental law represent fundamental guiding principles that determine the system of norms and rules regulating relations between society and the state with the natural environment. They serve as a framework on which the entire branch of law is built, setting the direction for legislative development and ensuring the integrity of the legal system. Principles help identify gaps in regulation, determine the need to introduce new norms and repeal outdated ones, and also act as a guide for judicial, administrative, and arbitral practice.
In environmental law, principles are not merely theoretical postulates, but practical tools of regulation. They set general initial ideas, determine the rules of behavior for participants in legal relations, guide the activities of government agencies, organizations, and individuals involved in protecting the environment. Principles ensure the systematicity and consistency of regulating society's interaction with the environment, forming frameworks for the sustainable use of natural resources and protection of ecosystems.
Modern environmental legislation establishes numerous principles that cover various areas of activity - from planning economic and other activities to protecting ecosystems, rational use of natural resources, and ensuring environmental safety. Principles serve as a guideline for all participants in environmental legal relations, ensuring a balance between the development of economic activities and the preservation of the environment. They define behavior standards mandatory for all subjects, as well as support voluntary initiatives, encouraging participants to comply with environmental regulations.
Principles of environmental law are reflected not only in general laws on environmental protection but also in sectoral normative legal acts regulating the use and protection of land, water, forests, and other natural objects and resources. They ensure a comprehensive approach to nature conservation, rational use of natural resources, and the formation of sustainable practices of human interaction with the environment.
Thus, the principles of environmental law form the basis of the legal system, establish a unified understanding of environmental responsibility, contribute to harmonizing relations between society and nature, ensure the effectiveness of law enforcement activities, and serve as a foundation for developing sustainable policies in the field of environmental protection.
Principles in Legal Theory
According to general legal theory, legal principles have an independent regulatory significance. Being, in a way, concentrations of legal matter, they guide the functioning of law, determine the direction of judicial and other legal practices, help identify gaps in the law, the necessity to repeal outdated and adopt new legal norms1.
Principles in Environmental Law Literature
The corresponding provisions of general legal theory are developed in ecological law literature. For example, according to S.A. Bogolyubov, a number of legal provisions can be considered as principles, understood as general initial ideas, guiding principles, and basic rules of behavior. Principles become the framework on which the entire edifice of law is built and on which multifaceted activities in the field of environmental relations are carried out2. At the same time, principles proclaimed in the law are not only abstract postulates recommended for study within an academic discipline, but also serve as a guide for legal practice – administrative, judicial, and arbitral practice3.
Principles in Legislation
The Federal Law "On Environmental Protection" contains twenty-three basic principles of environmental protection, upon which economic and other activities of the federal government bodies, government bodies of the subjects of the Russian Federation, local self-government bodies, legal and physical persons exerting an impact on the environment should be carried out4. At the same time, O.L. Dubovik emphasizes that in the main act of federal legislation regulating environmental protection, principles of economic activity are established, rather than principles of environmental protection. Thus, it has to be acknowledged that in the leading act of Russian legislation on environmental protection, initial positions are formulated which, in essence, are not such. Hence the conclusion: one should refer to the doctrine of domestic environmental law5.
As S.A. Bogolyubov notes, instead of a handful of principles of the previous Law there are now more than twenty (Art. 3). After all, these are fundamental principles, the basis of regulation. How many they should be - no one will say or theoretically justify. In my view, there are too many, although much depends on the taste and subjectivity of the authors and commentators: some principles can be combined into one, others, conversely, split into several - it is important that they are clear, applicable and used in administrative and judicial practice6.
Natural resource laws also rest on principles. For example, the Land Code of the Russian Federation provides for nine principles of land legislation, the Water Code of the Russian Federation provides for eleven principles of water legislation, and the Forest Code of the Russian Federation provides for twelve principles of forest legislation.
Aleksseev S.S. Collected Works. In 10 vols. Vol. 2: Special Issues of Jurisprudence (Structure of Soviet Law). Moscow, 2010. P. 79. ↩
Environmental law: textbook / ed. by S.A. Bogolyubov. Moscow, 2010. P. 42. ↩
Environmental law: textbook / ed. by S.A. Bogolyubov. Moscow, 2010. P. 45. ↩
«1) observance of the right of man to a favorable environment; 2) ensuring favorable conditions for human life activities; 3) scientifically based combination of ecological, economic and social interests of man, society and the state in order to ensure sustainable development and a favorable environment; 4) protection, reproduction and rational use of natural resources as necessary conditions for ensuring a favorable environment and ecological safety; 5) responsibility of federal executive authorities, executive authorities of subjects of the Russian Federation, and local self-government bodies for ensuring a favorable environment and ecological safety on the corresponding territories; 6) payment for the use of natural resources and compensation for damage to the environment; 7) independence of state ecological supervision; 8) presumption of ecological danger of planned economic and other activities; 9) obligatoriness of assessment environmental impacts when making decisions on the implementation of economic and other activities; 10) mandatory conduct in accordance with the legislation of the Russian Federation of checks of projects and other documentation justifying economic and other activities that may have a negative impact on the environment, pose a threat to the lives, health, and property of citizens, in compliance with requirements of technical regulations in the field of environmental protection; 11) taking into account natural and socio-economic characteristics of territories when planning and implementing economic and other activities; 12) priority preservation of natural ecological systems, natural landscapes, and natural complexes; 13) admissibility of impact of economic and other activities on the natural environment based on requirements in the field of environmental protection; 14) ensuring reduction of negative impact of economic and other activities on the environment in accordance with norms in the field of environmental protection, which can be achieved on the basis of using the best available technologies taking into account economic and social factors; 15) obligation of state authorities of the Russian Federation, state authorities of the subjects of the Russian Federation, local self-government bodies, public and other non-commercial organizations, legal and physical persons to participate in environmental protection activities; 16) preservation of biological diversity; 17) ensuring an integrated and individual approach to setting requirements in the field of environmental protection for entities engaged or planning to engage in economic and other activities; 18) prohibition on economic and other activities whose impact on the environment is unpredictable, as well as implementation of projects that may lead to degradation of natural ecological systems, changes and (or) destruction of the genetic fund of plants, animals and other organisms, depletion of natural resources and other negative changes in the environment; 19) observance of the right of everyone to receive reliable information on the state of the environment, as well as participation of citizens in decision-making concerning their rights to a favorable environment, in accordance with legislation; 20) liability for violations of legislation in the field of environmental protection; 21) organization and development of the system of ecological education, upbringing, and formation of an ecological culture; 22) involvement of citizens, public and other non-commercial organizations in solving environmental protection tasks; 23) international cooperation of the Russian Federation in the field of environmental protection» (Article 3 of the Federal Law "On Environmental Protection"). ↩
Dubovik O. L. Environmental Law: textbook. M., 2010. P. 40. ↩
Bogolyubov S. A. New Federal Law "On Environmental Protection" // Journal of Russian law. 2002. ↩