Ecological function of the state

In view of the very complex environmental situation, the environmental function of the state acquires priority importance. The state is a sovereign organisation of special political power, externally expressed in the apparatus of governance and coercion. It is the central element (subject) of the political system. In philosophical literature, function is understood as the role that a social institution performs in relation to the needs of a social system of a higher level of organisation or the interests of its constituent classes, social groups and individuals, as well as the dependence observed between various social phenomena and processes within a given social system. The main purpose of the environmental function of the state is to ensure a scientifically sound correlation between the environmental and economic interests of society, to create the necessary guarantees for the implementation and protection of human rights to a clean, healthy and favourable environment, proclaimed by the Constitution of the Russian Federation. The solution of this task is achieved in the process of interaction between society and nature in three forms: nature management, environmental protection and ensuring environmental safety. Environmental law is an important component of the state's environmental function; the older environmental law is closely related to it. In advanced countries, the process of incorporating environmental requirements into the provisions of traditional as well as complex branches of law (and legislation) is yielding tangible results. It is observed in criminal, administrative, financial, business and transport law. All three named components form a large-scale branch or even a super-branch of environmental law. Domestic scientists note the need to start improving and harmonising the system of environmental political and legal acts. Two directions of such improvement are proposed: adoption of separate laws on state policy in a particular sphere or inclusion of chapters directly regulating and defining state policy in the text of separate complex laws. It seems possible to adopt a separate federal law on environmental policy, fixing the main long-term guidelines for the development of legal regulation in the field of environmental protection, nature management and environmental safety. The ecological function of the state is aimed at careful attitude to nature, protection of natural resources and the environment, fight against environmental offences. The author declares no conflicts of interests.

Keywords

Authors

References