Sharno O.I. Prohibitions As Means of “Smart Regulation” of Compensation for Harm to the Environment

DOI: https://doi.org/10.15688/lc.jvolsu.2021.3.27

Oksana I. Sharno, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Constitutional and Municipal Law, Volgograd State University, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0001-8892-1848

Introduction: an important vector of development of modern society is the formation of an ecological and economic paradigm, in whose context the legal regulation of public relations is carried out with the emphasis on the environmental component. The problems of compensation for environmental damage, without losing their independent relevance, become the leitmotif of the modernization of the legal implementation processes. Given that the specifics of compensation for environmental damage are multi-faceted, reflecting cross-industry trends, this area requires the development of “smart regulation”, whose effective means are legal prohibitions. Purpose: to conduct a theoretical and legal study of prohibitions as means of “smart regulation” of compensation for environmental damage. Methods: the research is carried out using a set of methods of scientific cognition, namely, analysis (the analysis of concepts, identification of their features, traits) and synthesis (the generalization of debatable conclusions, contrasted definitions), the method of analogies, with the help of which the characteristics of the studied theses, definitions were projected on legal relations. The preparation of the paper required the use of special legal research methods, such as formal-legal and comparative law. Results: the study focuses on the analysis of the concepts of “environmental harm”, “environmental communications”, “environmental information”, “mechanism of legal regulation”, “smart regulation”, “prohibitions”, presents their author’s interpretations, reflects that prohibitions as instructions to refrain from certain negative actions under the threat of liability in the matters of compensation for environmental damage are effective means of the legal regulation that ensures the satisfaction of the interests of society and nature. Prohibitions, as criteria for distinguishing between the legality and illegality of behavior in the interests of environmental protection, as means of the legal regulation, form the basis for bringing to justice those who violate them. The paper presents the ways of applying and modernizing prohibitions for “smart regulation” of compensation for environmental damage. Conclusions: prohibitions as means of “smart regulation” serve to ensure transparency and efficiency of compensation for the environmental damage, provide innovative communications of decision-makers and citizens in the implementation of their rights to a favorable environment, to compensation for damage caused to the environment in full, provide suspension, restriction, termination of the activities that cause harm from the creation of a regulatory act to its implementation. The analysis of legal prohibitions demonstrates that in the matters of compensation for environmental harm, the problem of legal prohibitions is effective.

Key words: environmental harm, environmental communications, environmental information, legal regulation mechanism, smart regulation, prohibitions.

Citation. Sharno O.I. Prohibitions As Means of Smart Regulation of Compensation for Harm to the Environment. Legal Concept = Pravovaya paradigma, 2021, vol. 20, no. 3, pp. 184-192. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2021.3.27

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