[Theoretical Aspects of Physical Person Legal Status in Environmental Relations]
2008
Makarova, T.I.
The research is aimed at developing theoretical foundations of a person legal environmental status on the basis of revealing laws of legal regulation of environmental relations, grounding practical recommendations on perfection of legal provisions of physical person legal status in environmental relations. The methodological basis of the research is formed by general scientific and special methods of cognition. The following general scientific methods were applied in the research: dialectical, logical, historical, systematic analysis. Study of legislation in force is based on the use of special methods of legal analysis: legal - comparative, legal modeling. The universal concept of human rights forms the basis of the present research. As a result of the investigation the legal environmental concept has been introduced, which systematized and developed theoretical bases of environmental relations legal regulation. Theoretical grounding of the concept of a citizen environmental legal status as a legal institution and a systematic category of the environmental law is given. Forms of access to justice on the questions concerning environment in conformity with the provisions of Aarchus convention are grounded, as well as legal forms of natural resources use by physical persons. The approach to the system of the environmental legislation is suggested on the basis of the developed criteria, the programme law being regarded as the head normative act for the Republic of Belarus legislation
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