Institutional principles of concordance of interests in legal environmental conflict
| Autor: | Zoryana Yaremak |
|---|---|
| Rok vydání: | 2022 |
| Zdroj: | Uzhhorod National University Herald. Series: Law. :203-209 |
| ISSN: | 2664-6153 2307-3322 |
| DOI: | 10.24144/2307-3322.2022.71.34 |
| Popis: | The theoretically-legal analysis of institutional principles of ecological law, which are basis of the legal mechanism for resolving legal environmental conflict, is conducted in the article. The research of doctrine approaches interests concordance is carried out. In this context, the concept interests balance based on the “hierarchy” of interests, in which the public interest is a priority, and the concept of human rights priority are analyzed. Extrapolating these conceptions in the plane of ecological law, their application possibility is analyzed with the aim interests concordance and achievement of consensus in an legal environmental conflict. It is substantiated that the institutional mechanism of balancing interests in ecological relations is based on the principle of sustainable development, which is based on the concept of harmonization of ecological, economic and social interests of society and the principle of ecological priority interests. The systematic analysis of ecological legislation and ecologically-legal doctrine has given chance to identify and investigate the priority principle of public ecological interest in interest balancing which are realizing subjects in ecologically legal business. At the same time, investigational, that modern anthropocentric conception of ecological law, its humanistic orientation provides for the legislative consolidation and principle of human rights priority - right on safe environment for life and health as an inalienable absolute right of personality. It is proved that despite the legislative enshrinement of both principle of public priority ecological interest and principle of belonging to the right of safety for life and health of the environment, the conflict of legal regulation is absence. This is due to the fact that the right to safety for the life and health of the environment is based on the private ecological interest in ensuring the proper state of the natural environment, which ultimately coincides with the public ecological interest. It is concluded that the institutional principles of interests concordance determine the general orientation of public policy and serve only as a prerequisite for achieving a balance of interests and finding a compromise in legal environmental conflicts. |
| Databáze: | OpenAIRE |
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