FOREIGN EXPERIENCE OF NORMATIVE AND LEGAL SUPPLY FOR THE ECOLOGICAL ASSESSMENT OF THE IMPACT ON ENVIRONMENT

Abstract

Emphasized that the formation and development of normative and legal supply for the ecological assessment of the impact on environment (ecological expertise, as traditionally called by the national doctrine of environmental law), should be considered in a larger context - in the context of the legal provision of state environmental policy. The attention is paid to the fact that understanding the content of the institute of ecological assessment of the impact on environment and its successful implementation in national law is possible in the light of the analysis of foreign experience of its legal and regulatory framework. This will help to effectively regulate the legal means of state ecological activity and solve existing practical problems and contradictions in this sphere. The normative and legal acts of the general international and regional international levels that laid the foundation for national environmental impact assessment procedures in accordance with the principles of market economy and the rule of law are described. In foreign countries there is a tendency to pay special attention to the issue of legal regulation of this sphere of social relations. The theoretical and practical aspects of the functioning of the institute of ecological assessment of the impact on environment are presented on the example of economically developed countries – the USA, Canada, Japan, Germany. The stages of development and formation of the ecological assessment of the impact on environment in these countries are considered, the criteria of which are the development and adoption of the basic legal acts regulating this sphere. National environmental policy is based on a unified approach to the organization of environmental measures, but in different countries, their features are saved. By way of organization of environmental policy, two groups of countries are distinguished: the first - the West European countries and Japan; the second - the United States and Canada. In the countries of the first group, the main emphasis in the implementation of environmental policy is on the system of laws. In countries of the second group, for the justification of political measures, the focus is on different programs, plans and recommendations.