Principles of protection of atmospheric air and the mechanism of their realization
It is noted in the article that according to the role in structuring of law, the Russian scientists separate subinstitutional, institutional, subbranch, branch, interbranch and general legal principles of law. The group of principles under research in the given article can be referred to the group of institutional ones and defines the basic elements and directions of development of only one institute of the ecological law providing protection of atmospheric air which is the vital element of the environment, and acts as an irreplaceable source of oxygen which is necessary for life on the Earth. Having done the research the author concludes that the set of institutional principles of ecological law enshrined in Article 3 of the Federal law "About Protection of Atmospheric Air" does not have a declarative character but really acts as the main, initial element of legislation on protection of atmospheric air. Moreover, a specified system of the principles has to be supplemented with the principles of protection of an ozone layer and the principles aimed not only at protection, but also on use of atmospheric air as a natural resource. The latter will demand the enactment of the special law (code) governing the relations both on use and on protection of atmospheric air since it has been done in relation to all other types of natural resources. From the point of view of legal technique, when constructing the principles under study it is necessary not to mention the principles of government control and to set them as the principles of protection of atmospheric air. Taking into account the fact that Russia is a federal state it is necessary to increase regional and local involvement in the protection of atmospheric air and reflect it in the principles.
Keywords
атмосферный воздух, принципы, окружающая среда, загрязнение, автотранспорт, выброс, государственное управление, суд, права человека, atmospheric air, principles, environment, pollution, motor transport, emission, government control, court, human rightsAuthors
Name | Organization | |
Ryzhenkov Anatoly Ya. | Kalmyk State University | 4077778@list.ru |
References

Principles of protection of atmospheric air and the mechanism of their realization | Tomsk State University Journal of Law. 2017. № 26. DOI: 10.17223/22253513/26/15