On the Scope of the Concept of "Relationships to Provide Environmental Safety"

УДК 349.6, ББК 67.407

Abstract

The article discusses the problem of determining the scope of the concept of "relationships to provide environmental safety" and the effectiveness of the legal regulation of this group of environmental relations. Based on the analysis of strategic planning documents and regulatory legal acts (both current and invalid), the state of legal regulation of the considered group of social relations is determined, and problematic aspects of the effectiveness of the regulation of this sphere of relations are identified. In order to establish the causes of the current situation, the paper examines the doctrinal approaches that have developed in the science of environmental law to determine the place of relations to ensure environmental safety in the subject of environmental law. The study of the stated problem is carried out from the standpoint of a broad approach to the subject of environmental law, which includes three groups of relations: relations for environmental protection, relations for nature management, relations for proeiding environmental safety. When deciding on the scope of relations to provide environmental safety, the authors reveal the link of these relations with the prevention and minimization of environmental risks. The paper notes that this feature makes it possible to distinguish between relations on providing environmental safety from relations on environmental protection and nature management. Exploring the current legislation, the authors come to the conclusion that there are shortcomings in the regulations that impede effective legal influence on the social relations in question, and suggest ways to eliminate these shortcomings. In addition, the article notes that a serious obstacle to the formation of effective regulatory requirements in this case is the insufficient theoretical (scientific) development of issues of providing environmental safety, as well as the absence of a special regulatory legal act that defines the basis for regulating the relations in question.