Integration of natural law doctrine into environmental law science, doctrine, policy and legislation: some aspects

Problem statement. Nowadays in environmental law science, (as in legal science overall) the term «doctrine» begins to be used widely. However, so far there is no consensus not only on the merits of the latter and its functions, but even on its placement in the system of sources (forms) of law, and,...

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Veröffentlicht in:Teorii͡a︡ praktyka pravoznavstva 2016-06, Vol.1 (9), p.12
1. Verfasser: Анісімова, Г. В.
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Sprache:eng
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Zusammenfassung:Problem statement. Nowadays in environmental law science, (as in legal science overall) the term «doctrine» begins to be used widely. However, so far there is no consensus not only on the merits of the latter and its functions, but even on its placement in the system of sources (forms) of law, and, by the way, there is no definite understanding regarding the general direction of development. This, in its turn, causes difficulties in the study of the system of environmental law and its place in the legal system. The topical value of the research. The relevance of the question is due to the theoretical and practical importance of the formation of such legal categories as «natural law doctrine», «environmental law doctrine», which expands the teaching on the essence and contents of environmental law, its interaction with other branches of law and not only legally oriented sciences; the influence on the formation of modern environmental legislation and the experience of its application, interpretation of environmental law regulations, the establishment of the modern state environmental policy of Ukraine. The above-mentioned categories contribute to the creation of juridical and logical model understanding and interpretation environmental relationships and their actual establishment (making law positive, legalization) in the environmental legislation. Recent research and publications analysis. Scientific and theoretical basis of researching the legal category of «doctrine» rests on the works of scientists of prerevolutionary, Soviet and modern periods in different spheres of scientific knowledge concerning the theoretical models and concepts devoted to the methodological foundations of the legal doctrine, comparative law, theory and philosophy of law, 2 theory of legal consciousness and legal culture, sources of law, such as: S. S. Alekseev, J. G. Berman, M. Y. Baytin, R. David, O. O. Zozulya, M. V. Karmalita, M. I. Kozyubra, M. M. Korkunov, S. I. Maximov, M. E. Machulskaya, V. S. Nersesyants, N. M. Onishchenko, N. M. Parkhomenko, P. M. Rabinovich, I. V. Semenikhin, etc. Also were analyzed the scientific works, which concern approaches to the concept of the so-called «revived natural law», historical and legal aspects of the doctrine development. The development of legal doctrine in the context of environmental law science has been the object of study of such scholars as: V. I. Andreytsev, G. I. Baluk, A. G. Bobkova, A. P. Getman, V. V. Kostytsky, M. V. Krasnov
ISSN:2225-6555
2225-6555
DOI:10.21564/2225-6555.2016.9.71672