Open AccessFORMS OF ENVIRONMENTAL RIGHT PROTECTION
Author(s) -
Н Ш Гаджиалиева
Publication year - 2020
Publication title -
ûridičeskij vestnik dagestanskogo gosudarstvennogo universiteta
Language(s) - English
Resource type - Journals
eISSN - 2411-0299
pISSN - 2224-0241
DOI - 10.21779/2224-0241-2020-36-4-106-112
Subject(s) - legislation , coercion (linguistics) , political science , state (computer science) , subject (documents) , law , law and economics , environmental law , protection mechanism , sociology , control (management) , computer science , philosophy , linguistics , algorithm , library science , artificial intelligence
The article analyzes various forms of protecting the right to a favorable environment, examines the concept of a form of protecting rights as a legal category. Based on the analysis of regulatory and scientific sources, the author has classified the forms of protection of the right to a favorable environment provided for in the law. Depending on the endowment of the subject carrying out the defense with the authority to use state coercion, the author identifies two large independent forms of protection: state and non-state. The author notes the legal uncertainty regarding the content of the right to a healthy environment, which complicates its protection. The positions of scientists who consider the right to a favorable environment in a narrow and broad sense are analyzed. Attention is drawn to the fact that the mechanism for protecting the right and the content of the right to a favorable environment are in organic unity and thus in the aggregate affect the formation of forms and methods of protecting the right to a favorable environment by a person. In conclusion, the author formulates the conclusions of the study, relying not only on the current legislation of the Russian Federation, but also on the established judicial practice, as well as on the scientific dogmas of Russian scientists in the field under study.