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Эколого-правовые риски как универсальный критерий оценки экологического законодательства
Environmental and legal risk is a type of legal risk which means the possibility of negative legal consequences for subjects of environmental law as a result of violations of environmental requirements, public environmental interests and environmental human rights. Environmental and legal risks are a universal criterion for evaluating environmental legislation, which can be applied both at the stage of developing draft laws in the field of environmental protection and at the stage of their application in order to identify legal gaps, conflicts and legal uncertainties. At the stage of development of a draft normative legal act, environmental and legal risks can be identified by designing concepts of Federal laws, preparing explanatory notes to them, and assessing the regulatory impact. At the enforcement stage, environmental and legal risks can be identified through monitoring of law enforcement, as well as applying such mechanisms as environmental audit, environmental insurance, environmental and legal consulting, assessment of the impact of planned activities on the environment, environmental expertise, explanations of public authorities, judicial practice, project financing.