Право на благоприятную окружающую среду как конституционное и экологическое право

Abstract

The legal uncertainty of the right to a favorable environment revealed by science is noted, which impedes its implementation. Two positions of scientists are analyzed — recognizing the right to a favorable environment as a subjective right and as a legitimate interest. As the right to a favorable environment is proclaimed in the Constitution of the Russian Federation and enshrined in environmental legislation, the author comes to the conclusion about the double legal nature of law. As a subjective right, it is directly enshrined in the Law “On Environmental Protection” and extends to a narrow circle of environmental relations to ensure environmental quality, and as a constitutional one, it expresses public, public interests enshrined in the preambles and principles of laws, in political and legal acts.