Ensuring Ecological Safety or Ensuring a Favorable Environment: Theoretical and Legal Justification of the Function of a Modern Ecological State

Vasyl Kostytsky

Abstract


The author examines the problems of contemporary society and their impact on the environment, as well as on the development of environmental law, analyzes such legal definitions as the environment, the right of environmental safety, their sociological and legal content, the right to a favorable environment as a subjective right of man in the modern world. In this article, it is not the first time when author raises the question of a new role of the state in modern conditions, the ability of the state to respond to global challenges using theoretical and legal science and sociology of law within the framework of the theological and sociological understanding of law which was proposed by the author. According to the author, the post-industrial state, which still remains the mechanism of servicing the liberal values of society, must be replaced with ecological state that can preserve democratic values, on the one hand, and to find answers to the challenges of the present, on the other hand, to strengthen the power influence on the course of events in society, between civil society and the state within the framework of the constitutional and legal requirements as a social agreement, to respond to global and regional environmental challenges within the framework of the modified ecological function of the state.


Keywords


ecological law; ecological function of the state; ecological safety; the right to environmental safety; the right of environmental safety; the right to a favorable environment; the codification of environmental legislation.

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