Public and private legal means of minimizing environmental risks: theoretical and instrumental analysis

The article analyzes the institutions of environmental law based on the theory of legal instrumentalism in order to identify their effectiveness in solving problems of preventing and minimizing environmental risks. It is concluded that traditional public-law environmental measures, such as state environmental supervision, industrial environmental control, environmental protection action plan, and environmental efficiency improvement program are limited and insufficient. it is proposed to expand the range of legal tools aimed at minimizing these risks through innovative private-law measures, including the introduction of environmental compliance programs and non-state forms of control by economic entities, as stipulated in the draft law on control and Supervisory activities (for example, independent assessment of a controlled person by accredited organizations, membership in a self-regulatory organization, and insurance of risks of harm). These legal tools could also be included in the environmental compliance program. The implementation of such a program will require additional financial costs on the part of economic entities, and therefore they should have a convincing incentive to do so by providing them with preferences. The analysis of environmental protection tools also allowed us to see the defects of environmental legislation in the form of the absence of norms that systematize the elements of the legal mechanism for environmental protection, as well as the presence of tools that have not shown their effectiveness in environmental protection.

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