The balance of public and private interests in the implementation of the ecological function of the state and ensuring environmental safety: theoretical and legal aspects

The active development of the market system in the Russian Federation sets as an essential task the sustenance of competitive economic activity. In these conditions, the objective reality is the implementation of a negative impact on the environment. Therefore, among the most important national priorities recognized in Russia is ensuring two vital conditions – the state of economic growth and the state of environmental well-being. The purpose of this article is a theoretical and legal analysis of the problem of ensuring a balance of public and private interests in the implementation of the ecological function of the state and ensuring environmental safety. On the basis of doctrinal approaches, the correlation of the categories “interest”, “public interest”, “private interest” and “balance of interests” is indicated. The approaches to understanding the relationship between environmental and economic interests are analyzed, and the positions reflected in constitutional and judicial practice are identified. It is established that in order to implement the paradigm of sustainable development, it is necessary to achieve interrelated economic and environmental goals, as well as to overcome conflicts between economic rights and freedoms and requirements aimed at ensuring environmental protection. Attention is focused on the categories of “environmental compliance” and “environmental lobbying”. The conclusion is made about the insufficient degree of consolidation of private legal means of influencing participants in environmental relations in legislation prevents the full implementation of the “green” economy and the stimulation of conscientious behavior of business entities.