NAČELA EKOLOŠKOG PRAVA SA OSVRTOM NA ODRŽIVI RAZVOJ

Abstract

In the paper, the author points out the existence of principles of environmental law, which are of a differential nature, specific exclusively to environmental law, on the basis of which it has today been separated into a separate branch of law. They reflect its uniqueness in relation to other traditional branches of law. With their help, legal rules can be formulated, which represent a deviation from the general legal regime. The paper analyzes the following principles: prevention; preservation and sustainable use of natural values; integrality; prohibition of causing environmental damage; publicity and information; protection of the right to a healthy environment and access to judicial and administrative proceedings; subsidiary liability; liability of the polluter and his legal successor; the "user pays" principle; the "polluter pays" principle; application of incentive measures; fairness and intergenerational solidarity. Special attention is paid to the principle of sustainable development, which means harmonizing technical-technological, economic and social progress with the need to preserve the environment. This is being pursued at the national, regional and global levels. In this regard, the Rio Declaration on Environment and Development and Agenda 21 promote global cooperation for the purpose of sustainable development for the benefit of future generations, with the rational use of renewable and non-renewable resources. The principle of sustainable development has been analyzed in both European Union law and the positive legislation of the Republic of Serbia