Institutionalization of interests in the context of ensuring the environmental function of the state

The article investigates the process of institutionalization of interests in environmental law as a target model in ensuring the environmental function of the state. It is proved that the effectiveness of the mechanism of legal regulation of environmental relations depends directly on the formal definition of public and, of course, other types of interests that are reflected in environmental law relations. It is emphasized that the most convenient form of legislating on interests is to give them a form of subjective law, which introduces certainty in the means and ways of ensuring them. In the meantime, subjective rights are not the only form of objectification (legalization) of interests, it is the only possible way of legal institutionalization of interests in environmental law. The article substantiates the fact that the full representation of the whole range of interests of environmental and economic nature in social and legal life is possible through the process of their institutionalization, which should result in harmonization of the divergent interests of the corresponding social actors, transformation of spontaneous behavior into predictable and modellable. Institutionalization results in the emergence of appropriate sets of laws (formal and informal) that determine a certain order in the nature of human-nature interactions by shaping the rules and regulations of environmentally sound behavior of economic entities, establishing certain boundaries and restrictions in the process of environmental management. Institutionalization of environmental interests in the scientific literature is considered as a set of legal phenomena, including legal personality, system of legal measures, techniques, mechanisms, state legal regulation, legal protection, legal liability. The conceptual understanding of the mechanism of institutionalization of interests in environmental law is defined as a multifaceted long process of formation of environmental and social order in the form of established functional sets of laws within the framework of socio-economic, political and legal systems, in which conditions the interests of individuals and groups are approximated to regulatory requirements, and abstract rules are transformed into real and effective models of stable interaction.