The principle of environmentalization in agrarian law

Анотація

The article considers the importance of ecologization of modern agricultural production in the context of increasing use of toxic substances of chemical or biological origin, which requires directing modern agricultural production towards ecologization of artificial and natural production factors, making these issues of extreme relevance. The author presents the conceptual and categorical transformation of the environmental aspects of agriculture, which alternately took the form of a principle of agrarian law, first as the principle of greening of labour activity in agriculture, then as the principle of greening of agriculture, the environmental orientation of entrepreneurship in the agricultural sector, and even later as the principle of greening of agriculture, and finally as the principle of greening of agrarian legislation. The author also presents other variants of the author’s positions, among which the author considers the ecologization of agrarian law or the principles of agrarian law themselves, as well as the State agricultural policy. Proceeding from the general legal nature of the principles, the implementation of which requires embodiment in the regulatory provisions of legislation, the author substantiates the priority of formulating the principle of ecologization of agrarian legislation. At the same time, the author provides examples of greening of the content of statutory agrarian laws, as well as non-greened statutory laws, which indicates that the principle under consideration is incompletely implemented in agrarian legislation. The author analyses the array of functional agrarian laws in certain areas of activity, which in terms of quantitative measurement and scope of coverage prevail over the greening of status laws.

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