Deliberate environmental and legal risk: law enforcement and normative aspects

Relevance. Numerous environmental problems, overlapping with legal reality, transform the established legal order, introducing elements of uncertainty into it. In such circumstances, specific participants in legal relations do not always have a clear idea of how their model of behavior should be implemented in a legitimate way, which is why they quite consciously have to rely on risk. In its most general form, risk is a derivative of uncertainty. In the realities of environmental and legal uncertainty, situations are common where the subject of normative or law enforcement activities, relying on risk, does not have a clear forecast of the success of his legally significant decisions, but another behavior option that is not based on risk is either excluded altogether or difficult to implement. Such trends determine the need for a comprehensive theoretical understanding of the phenomenon of premeditation of subjects of lawmaking and law enforcement activities in the context of environmental and legal risk. The purpose is to identify the key features of the premeditation factor in relation to the law enforcement and rule-making aspects of legal activity in the context of environmental and legal risk. Objectives: to reveal the essence of premeditation as such, to consider the law enforcement and rule-making sides of premeditation of an ecological and legal nature in a risk-oriented model of legal relations, to identify the forms of manifestation of such premeditation. Methodology. To solve the tasks set, methods of interpretation of normative and law enforcement acts, analysis, synthesis, concretization and abstraction were used. The results of the study were data characterizing the features of intentional environmental and legal risks in law enforcement and rule-making environments. Conclusion. The existence of deliberate environmental and legal risks is a consequence, firstly, of general environmental problems and, secondly, of defects in the field of legal regulation. Premeditation in the context of environmental and legal risk is expressed by the conscious will of the subject to achieve a certain useful result. Sometimes, in the format of normative or law enforcement work, such a risk is acceptable, but its use should be extremely careful.