Administrative and legal way of regulation
The administrative legal method is used to ensure the order of management and therefore proceeds from the unequal position of the subjects of law - from vertical relations of power and subordination. It is influenced by the prevailing notions of the natural, the origin of natural goods, the absence, as a rule, of the contribution of human labor to their emergence and existence, the zero cost of natural objects and, accordingly, the price for nature consumption.Under the conditions of the proclamation, dissemination and development of ownership of natural resources, both positive and negative aspects of the administrative approach are becoming visible: resource planning, coordination of nature protection activities, overcoming of selfish, separatist instincts of nature users can generate mismanagement, neglect of economic evaluation of natural resources, the spread of irresponsibility of nature users, and the introduction of state and production constant discipline, promote the establishment of environmental law enforcement.
With the growth of scientific and technical progress, loads on natural resources, natural objects and the entire surrounding natural environment are increasing. The functioning of nuclear power facilities, hazardous production facilities, hydraulic engineering and other structures recognized as sources of increased danger, determines the search for a wide variety of legal methods and solutions, including administrative ones, capable of preventing their harmful effects on human health and the surrounding natural environment.>
Laws on natural resources, as well as normative acts of other branches of law, contain a large number of norms of administrative and legal nature aimed at rational resource consumption, environmental protection. This is due to the public, social nature of the destination and use of most natural resources of interest to the entire population.
Administrative methods for the organization of environmental management and environmental protection are not alien to other countries that have long been following the path of market relations, recognition of the conditional stability of private ownership of land and other natural resources. Increasingly and more persistently, the environment is recognized as a national good for society's survival.
In cases of conflicts between the state, society and the private owner of the land, priority and preference for the courts abroad are increasingly given first. Land plots and some other natural objects are redeemed by the state and seized for state, public needs and universal needs. In the field of ecology, the authority of the state and its natural resources and nature protection bodies becomes indisputable and unshakable, it is provided with strict administrative and other legal procedures.
Interaction of civil-law and administrative-legal methods of regulation
As the state of natural resources causes increasing concern of the population, and the requirements for their protection are becoming increasingly important, the state-domineering and property-legal methods will be dialectically and fantastically intertwined.
They mutually complement each other, yielding at times to each other place in the legal regulation of relations "society - nature"; depending on the state and degree of degradation of the environment, the formation of civil society, the formation of environmental and legal consciousness and culture, democratic institutions of the rule of law.
In solving the problems of preventing the degradation of nature from highly environmentally dangerous objects, the combination of administrative and civil law methods and means, increased requirements for the status of legal entities operating these facilities, a set of their additional duties and rights may be of decisive importance.
The inclusion of land, water bodies, other natural objects and resources, including sometimes environmentally hazardous objects, in property turnover implies more effective use of private legal opportunities both to ensure the rational use and protection of these natural components, and to reduce the their parties to the risk of accidents and disasters of anthropogenic and natural nature associated with their consumption.
It is worth noting the peculiarities of privatization of environmentally hazardous property complexes, the spread of the bankruptcy process of their operating organizations and the involvement of civil liability in appropriate forms, the possibility of projecting administrative and proprietary methods for solving environmental and environmental problems.
A recommendation on recognizing a single legal regime for real estate as a property complex for environmentally hazardous facilities is justified. It seems that it is advisable to include and consider it as the main thing and the land plot on which an ecologically dangerous site is located. On this way, the United States legislation on the state real estate cadastre is being formed and is oriented towards it.
The proposals on better ensuring access of victims to justice and the implementation of effective state, public and municipal environmental control by state registration of legal entities operating environmentally dangerous facilities at the location of such facilities deserve support.
It is interesting to suggest that in all cases, subsidiary responsibility for causing environmentally dangerous objects to the state as an entity authorizing the licensing and state expertise to carry out such activities.
Some experts believe that, given the drastic reduction in state licensing and the reduction of cases requiring state environmental expertise, the spread of corruption, the imposition of such responsibility on the state may not coincide with the implementation of the principles of fairness, legality, and consideration of public interests.
Perhaps an interesting proposal on subsidiary liability can be realized by bringing to the civil liability of specific environmental and other inspectors, other persons authorizing the operation of environmentally hazardous objects, which led to the onset of harm.
Discussions continue on the introduction of civil law methods into the use of natural resources and their combination with administrative and legal methods of environmental protection.
The interaction of administrative-legal and civil-law methods is a specific feature of environmental and environmental law. In the field of nature and environmental relations, this problem is important, since possession, use and disposal of natural objects and natural resources should be carried out by their owners freely, if this does not damage the environment.
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