Concretization as a means of improving legislation

Abstract

In the article the author turns to a discussion of possibilities of using such a technical device of improving environmental legislation such as specification of the law. Attention is given to the peculiarities of the legal regulation of environmental relations, which require consideration of the natural-scientific, technical and socio-economic knowledge. Objectively existing in some cases, the uncertainty and inaccuracy of this knowledge can lead to such a negative phenomenon as the uncertainty of the legal norms and, thus, are able to reduce the overall efficiency of legal regulation. Legal uncertainty is the case today with respect to climate change, biodiversity, and sustainable development The conclusions are confirmed by the examples of legislative regulation in these areas, as well as reputable environmental lawyers' opinions on this matter. There is no unique solution to the problem. Based on the achievements of general theory of law, the author offers the possibility of eliminating the legal uncertainty of environmental law, using the method of specification. However, this method requires the use of a flexible application. In some cases, the uncertainty of the rules is defective and needs to be eliminated. In others, taking into account the scientific, political and economic uncertainties concerning the decision of certain ethological problems we should support the so called positive uncertainty, gradually specifying abstract legal rules.