INTRINSIC HUMAN RIGHTS AS A MANIFESTATION OF THE LAWS OF NATURE

  • M.M. Brinchuk
    • Institute of State and Law of the Russian Academy of Sciences
Keywords: laws of nature, laws of society, ecological law, public law, order, Constitution, ecological norming, planning, assessment of environmental impact, ecological expertise

Abstract

The article is devoted to the question of accounting the laws of nature as a fundamental methodological basis of formulation and implementation of State environmental policy and ecological law. An important starting point of the theory of ecological law: the laws of society and the laws of nature have a unified ideal goal which is maintaining order, one - in society, another - in nature. The need to take into account the laws of nature in the ecological legislation is related to the provision of the RF Constitution: land and other natural resources shall be used and protected in the Russian Federation as the basis of life and activity of the peoples residing in their respective territories. This constitutional norm that defines one of the most essential elements of the constitutional order of Russia, expresses the principle of the need to incorporate in the legislation the role and importance of nature in the development of society, in human life and activity, and the main thing - determinacy of society development by natural laws of nature development, subordination to them. Laws of nature are taken into account in the legislation primarily through legal means of regulating relations associated with optimal satisfaction of human needs and other wildlife, ecological norming, planning, environmental impact assessment, state ecological expertise.

References

Received 2018-12-23
Published 2019-01-25
Section
Jurisprudence
Pages
62-69