ПРОБЛЕМЫ ЗАКОНОТВОРЧЕСТВА И ЗАКОНОДАТЕЛЬНОЙ ТЕХНИКИ В ОБЛАСТИ ЭКОЛОГИЧЕСКОГО ПРАВА

Вестник Российской правовой академии. 2017. № 2. С. 59–64.

Soldatova L., Александрова Е. В.

This article is devoted to identifying and analyzing the problems of lawmaking and the application and consideration of the rules of legislative technology in the field of environmental law. Legislative technique is considered as a system of scientifically based methods, rules, techniques and mandatory requirements for the preparation, adoption and ordering of legal acts, used to ensure their effectiveness. In particular, the study and analysis of the judicial practice in the field of application of the law governing the right of general use of natural resources in relation to forests and water bodies. The examples given indicate that the ambiguity and ambiguity of the rule of law gives rise to conflicts, complicates the process of law enforcement. This, in turn, leads to the fact that the regulation of relations is not based on the norms of law and common practice of law enforcement, which entails a violation of rights and legitimate interests.

Keywords: legislation, законотворчество, legislative technique, Юридический конфликт, экологическое право, environmental law, legal conflict, general use of natural resources, законотворческая техника, общее природопользование