The Legal Nature and Place of the Principle of Combining of Incentives and Liability Measures in the Environmental Protection
Journal Title: Держава та регіони. Серія: Право - Year 2016, Vol 2, Issue
Abstract
The article deals with the investigation of the theoretical and legal problems associated with the understanding of the principle of combining of incentives and responsibility measures in the environmental protection. On the basis of generalization the achievements of the doctrine of the general theory of law and branch legal sciences as well as the analysis of the provisions of regulatory legal act of the system of environmental legislation of Ukraine as a complex field, the conceptual conclusions about the understanding of the legal nature, essence, form, place and importance of this principle were made. It is proved that the principle of environmental incentives and responsibility is characterized by common features, which are inherent to principles of law in general, as well as special features that characterize it as a specific ecological and legal phenomenon. The scientific position that this principle belongs to a group of cross-sectoral principles of environmental law (legislation), exists as a norm-principle that has, to some degree, a logical extension to the other provisions of the legal and regulatory framework of the system of ecological legislation of Ukraine or requires such embodiment with taking into account the specifics of the subject of legal regulation was formulated. On the basis of this research it is proposed to develop the scientific concept concerning the areas of cross-sectoral issues further development of the environmental law in general and the principle of environmental incentives and responsibility in particular.
Authors and Affiliations
Т. І. Діденко
Keywords
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