Civil law ways of protecting environmental rights in the Russian Fed-eration

 
PIIS160565900026325-1-1
DOI10.12737/S160565900026325-1
Publication type Article
Status Published
Authors
Affiliation: senior lecturer of the department of labor and environmental law of the Law Insti-tute of the Siberian Federal University
Address: Russian Federation,
Journal nameJournal of Russian Law
Edition
Abstract

 

The method of protection is one of the key links in the legal provision of protection of environmental human rights in the world. The quality of life of a person developing in interaction with the environment depends on the degree of protection of environmental rights. Therefore, the task of the State is to ensure a high level of legal protection of environmental rights that are under threat of violation, especially in those countries where natural resources are actively involved in economic turnover.

The purpose of the research is to analyze the civil law methods of protecting the environmental rights in the Russian Federation by studying relevant judicial practice. Based on the generalization of individual environmental and legal disputes, the author determines the degree of effectiveness of individual methods of protection used to protect violated environmental rights.

Based on the results of the study, the author concludes that ensuring the protection of environmental rights seems to be more effective when using the following methods of protection: compensation for damage caused to the health and property of citizens as a result of violations of legislation in the field of environmental protection, compensation for moral damage and restriction, suspension or termination of the activities of legal and physical persons, carried out in violation of legislation in the field of environmental protection.

Among the shortcomings of the legal regulation of ways to protect environmental rights, there is a lack of criteria for determining the degree of moral harm. In addition, when studying individual acts of judicial law-making, the article shows the least effective ways used by citizens to protect violated environmental rights. Further development of legal regulation of methods is necessary to increase the effectiveness of the protection of environmental rights of Russian citizens.

Keywordsprotection of environmental rights, methods of protection, jurisdictional and non-jurisdictional methods, effectiveness of protection.
Received26.07.2023
Publication date01.03.2024
Cite  
100 rub.
When subscribing to an article or issue, the user can download PDF, evaluate the publication or contact the author. Need to register.

views: 44

Readers community rating: votes 0

Система Orphus

Loading...
Up