Open AccessThe right to a favorable environment as a constitutional and environmental right
Author(s) -
Irina O. Krasnova
Publication year - 2019
Publication title -
aktualʹnye problemy rossijskogo prava
Language(s) - English
Resource type - Journals
eISSN - 2782-1862
pISSN - 1994-1471
DOI - 10.17803/1994-1471.2019.105.8.165-175
Subject(s) - constitution , constitutional right , legislation , law , political science , politics , environmental quality , environmental law , right to know , law and economics , sociology
The legal uncertainty of the right to a favorable environment revealed by science is noted, which impedes its implementation. Two positions of scientists are analyzed — recognizing the right to a favorable environment as a subjective right and as a legitimate interest. As the right to a favorable environment is proclaimed in the Constitution of the Russian Federation and enshrined in environmental legislation, the author comes to the conclusion about the double legal nature of law. As a subjective right, it is directly enshrined in the Law “On Environmental Protection” and extends to a narrow circle of environmental relations to ensure environmental quality, and as a constitutional one, it expresses public, public interests enshrined in the preambles and principles of laws, in political and legal acts.