KAZAN UNIVERSITY LAW REVIEW, 2018, том 3, № 2


KAZAN UNIVERSITY LAW REVIEW ■ Volume 3, Summer 2018, Number 2





    TABLE OF CONTENTS


       Damir Valeev (Kazan, Russia) Welcoming remark of the Editor-in-Chief .........................3

   ARTICLES:

       Tamara Makarova (Minsk, Republic of Belarus)
       Social importance of environmental law: criteria of values and effectiveness of law......................7
       Ivan Bliznets (Moscow, Russia)
       Perspectives of development of international legal regulation of copyright and related rights ............................... 18
       Nurettin Emre Bilginoglu (Istanbul, Turkey) Enforcement of Foreign Arbitral Awards in Turkey............... 24
       Davlatali Kakhkhorov (Volgograd, Russia)
       Legal theory issues of administering prosecutor’s functions at pre-trial stages in the Republic of Tajikistan ............. 33
       Rafik Khalilov (Kazan, Russia)
       From the «moral correction» to social rehabilitation in places of detention in the Russian Federation ........................ 45

   COMMENTARIES:

       Aydar Gubaydullin (Kazan, Russia)
       Alina Shigabutdinova (Kazan, Russia)
       On theoretic framework of J.Ch. Finke’s natural law theory .... 60
       Artur Khabirov (Kazan, Russia)
       Loan agreement: urgent questions of legal regulation .......... 74

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CONFERENCE REVIEWS:

   Zavdat Safin (Kazan, Russia)
   Elena Luneva (Kazan, Russia)
   Review of the International scientific and practical conference “Enforceability of the environmental security in relation to energetics and environmental management”.................... 87
   Yuri Lukin (Kazan, Russia)
   Nikita Makolkin (Kazan, Russia)
   Review of the XII annual competition among students of the Kazan (Volga region) Federal University “KFU student ofthe year 2017 ...................................... 104

KAZAN UNIVERSITY LAW REVIEW ■ Volume 3, Summer 2018, Number 2






        ARTICLES


                              Tamara Makarova

                              Doctor of Law Sciences, Professor,
                              Head of the Department of Environmental and Agricultural LawBelarusian State
                              University


    SOCIAL IMPORTANCE OF ENVIRONMENTAL LAW:
    CRITERIA OF VALUES AND EFFECTIVENESS
    OF LAW



DOI: 10.30729/2541-8823-2018-3-2-7-17

    Abstract: The article explores the criteria allowing determining the social significance of environmental law from the standpoint of the signs of efficiency and value of this branch in the legal system. The concept and content of the criteria “effectiveness” and “value” in the legal science and their specific features as applied to environmental law are analyzed. The study of the environmental and legal categories “legal mechanism for environmental protection” and “environmental and legal status of the individual” allows us to conclude that the leading criterion in determining the value and effectiveness of environmental law is to ensure the human right to a favorable environment as a fundamental inalienable and constitutional right. The article reveals peculiarities of fixing the human right to a favorable environment in the legislation of the Republic of Belarus, including the establishment of its inalienability in the Law of the Republic of Belarus “On Environmental Protection”, the definition of protection methods and guarantees. The specific feature of environmental law is defined as a single-purpose nature, which is inherent to it due to its tasks, in aggregate aimed at creating conditions favorable for the life and health of a person as a biological species and social individual, perceived by the legal science through ensuring the human right to a favorable environment.
    Keywords: effectiveness of law; value of law; Environmental Law; favorable environment; the human right to a favorable environment; environmental and legal status of the individual; legal mechanism of environmental protection.

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    The law considered as one of the social regulators is subject to qualitative assessment for its conformity with the demands of society from the standpoint of justice, expediency, conformity with the spiritual, economic and ecological needs of the society. In response to such a request from the public, the legal science, through its methods and practices, assesses the effectiveness of the law by comparing the goal set by the legislator in formulating the rule of law with the actual result achieved in the form of the legal order that is taking shape in society. The problem of the effectiveness of law is invariably of interest to legal science, both in general theoretical and applied aspects. In the scientific literature, emphasis is placed on the fact that the effectiveness of law as a whole is “finding and exercising by law <...> of the creative functioning of a person in a particular society”. In this case, situations are possible when the application of specific norms can give a negative result, i.e. the law, called to be a positive regulator of social life, in reality can produce anti-legal, in fact, effects that the legal science defines as defects of law. This means that the effectiveness of law as a criterion is connected to understanding of the value of law as a characteristic on the basis of which the positive role of law is revealed both for society as a whole and for the individual¹. Efficiency and value acting as a measure in the evaluation of law as a social regulator also need certain criteria, since in cases where it is not a question of law in general but of its branches as the largest structural elements, the criteria for efficiency and value will differ. Based on the above theoretical and legal grounds, let us turn to the definition of criteria for the value and effectiveness of the environmental law. In our arguments, we rely on the generally recognized in legal science views on this area, such as defining its subject as social relations arising in the sphere of the environment²; understanding of the complexity of this legal education³; recognition of the doctrine of sustainable development as a modern civilizational approach to the provision of environmental, economic and social policies taken in unity as a general methodological basis of the science of environmental law⁴; treatment in the environmental law of the value of nature as a yardstick, the state of which alone is capable of answering the question of the optimality of the legal regulation of relations included in the subject of this branch of law.

¹ General theory of law: study guide / V.A. Abramovich and others; under the general editorship by S.G. Drobyazko, S.A. Kalinin. Minsk: BSU, publishing house “Four Quarters”, 2014. P. 72-75.

² Environmental law: a course book / S.A. Balashenko, T.I. Makarova, V.E. Lizgaro. Minsk: The Higher School, 2016. P. 17-20.

³ M.M. Brinchuk. Complexity as a principle of environmental law // Law in the modern Belarusian society: collection of scientific works. Issue. 4, edited by V.I. Semenkov (chief editor) et al. National Center for Legislation and Legal Studies of the Republic of Belarus. Minsk: Law and Economics, 2009. P.376392.

⁴ N.D. Vershilo. Ecological and legal basis for sustainable development: abstract for diss. Doctor of
   Legal Sciences. Russian Academy of Sciences. Institute of state and rights. - Moscow, 2008. P. 51; Legal foundations of sustainable development at the local level / T.I. Makarova et al. Minsk: Kovcheg, 2010. P. 56.

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    In analyzing the effectiveness and value of environmental law, we proceed from the need to establish the degree of approximation to the subject, by understanding that the most extensive view of the state of nature (the Earth's ecological system) as a criterion for the effectiveness and value of law will be legitimate (and even then to a certain degree of simplification for adoption as such) only at the level of international law. Therefore that part of the natural environment that, according to objective characteristics, cannot act as an object of legal relations (for example, ecological system of water droplets) falls out of our sight. For example, analyzing the concept of nature in the doctrine of environmental law, M.M. Brinchuk considers such generalized categories as the ecological systems of the Earth and the Cosmos, but sees a person as „an organic link between nature and society“¹, which allows him to approach the issue of ecological limits as “permissible by natural laws excessive impact on the natural environment»². We believe that the value and effectiveness of law from the point of view of its main «consumer», the bearer of rights and obligations - a man recognized from ancient times as a «measure of all things»³. In order to avoid aberration in the perception of such a special criterion as the person himself, the analysis should be carried out on the basis of comparable characteristics: a person as a subject of law is the bearer of rights and duties in conjunction with the environment, which is also an object of environmental legal relations, and positive environmental law (set of established state norms as rules of conduct) is subject to evaluation in comparison with natural human rights. This approach points to the human right to a favorable environment as the leading criterion in determining the value of environmental law and establishing the signs of its effectiveness.
    According to the ideas that exist in science and society, “a man is a creation and at the same time creator of his environment.»⁴. From this position, a man as part of nature must be recognized as the ultimate goal of environmental protection. It makes no sense to protect nature and its wealth without a human being. And the very concept of «natural wealth» is estimated from the point of view of the usefulness of certain elements of nature to meet human needs. A person uses nature to ensure his life's needs (which leads to its change) and protects it from the consequences of his economic activities as much as the laws of nature that he has learned allow this to happen. Such a contradictory interaction for a person cannot but affect the legal regulation of the

¹ M.M. Brinchuk. The laws of nature and society: a monograph, in 2 parts. Part 1. M.: Yurlitinform, 2015. P.26-36.

² M.M. Brinchuk. The laws of nature and society: a monograph, in 2 parts. Part 2. M.: Yurlitinform, 2015. P. 171-177.

³ General theory of law: study guide / V.A. Abramovich et al.; under the general editorship by S.G. Dro-byazko, S.A. Kalinin. Minsk: BSU, publishing house “Four quarters”, 2014. P. 71-84.

⁴ Declaration of the United Nations Conference on the Human Environment: Adopted in Stockholm, 17 June 1972 // United Nations. 2018. Ch. 1, para. 1. URL: http://www.un.org/en/documents/decl_ conv/declarations/declarathenv.shtml (Access date: 17.02.2018).

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whole set of relations in the field of the environment and, as a consequence, on the person’s legal position in these relations.
    In ecological doctrine the transition from nature protection as a conservation of separate components of the environment to the protection of environment as a summation of natural environment components, natural, natural anthropogenic and anthropogenic objects¹ demonstrates a legal position of a human being not only from the traditional standpoint, meaning only as a subject of law, but also as an object whose ecological safety is guaranteed by certain composition of legal means. This approach is justified in law theory by the reasoning of the following order: systematic legal ordering would not happen if the legislator proceeds only from social relations ignoring a human being, who is a doer of all social relations, the main productive force and the highest biosocial value, as an object of law regulation². It should be stated that the approach in question, even if it is reflected in the environmental law, is represented indirectly. Thus, the concept of “favorable environment”, defined both in Russian Federation Law “On protection of the environment”³ and in the Law of the Republic of Belarus “On the protection of the environment”⁴ as “the environment, the quality of which provides ecological safety, sustainable functioning of natural ecological systems and other natural anthropogenic objects”, is based on the attribute of sustainable functioning of natural ecological systems. The rule lacks the fundamental, from our point of view, idea of who the environment is enabling or not for - the human being.
    The issue of using ecological criteria to evaluate the quality of the environment for a human being was researched in scientific literature as a way to combine natural scientific and juridical aspects of the matter. It is about the usage of methods used in natural ecology to evaluate “environmental health”, which is understood as the one needed for ensure human health and health of other living beings. Basically, the evaluation of environmental health is nothing but indirect, circumstantial, but still quite reliable characteristic of human health. This statement is based on the fact that the human being is a part of the natural environment, malfunctions in which reflect on the system of life support of human body. Lawyers agree that natural ecological researches may be used not only as an illustration of natural objects’ state, but also as

¹ On environmental security: Law of Republic of Belarus, November 26, 1992, no. 1982-XII, edited on 17.07.2002 // ETALON. Law of Republic of Belarus / National centre of legal information of Republic of Belarus. Minsk, 2018. [Electronic resource]

² S.G. Drobyazko. Subject, field and object of legal regulation during the formation of social constitutional state and legal civil society // Vybr. navuk. pracy Belarus. dzjarzh. un-ta: in 7 vols. Minsk, 2001. Vol. 3. P9-24.

³ On environmental security: Federal Law of the Russian Federation, January 10, 2002, no. 7-FZ (amended) // Konsultant Plus: Versiya Prof. Technologiya 3000 / OOO “JurSpektr”. M., 2018. [Electronic resource]

⁴ On environmental security: Law of Republic of Belarus, November 26, 1992, no. 1982-XII, edited on 17.07.2002 // ETALON. Law of Republic of Belarus / National centre of legal information of Republic of Belarus. Minsk, 2018. [Electronic resource]

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a characteristic of environmental impact on the human being¹. Nevertheless conclusions of natural ecology cannot give legal evaluation of favourable environment.
    The above mentioned definition of favorable environment is criticized from the standpoint of legal positions as lacking juridical criteria which could clarify legal aspects of providing sustainable functioning of natural ecological systems - the concept by natural sciences introduced into the law without any clarification². Herewith the concept of favourable environment is defined through another concept - ecological safety, which is “a state of protection of the environment, life and health of the citizens from possible harmful effect of economic and other activity or emergency situations of natural and technogenic nature”. This “state of protection” is represented in law by the system of regulation in the field of natural environment. In accordance with art. 20 of Belarus Republic Law “On the safety of environment”, the standards of environmental quality are set at the level providing ecological safety; they are used to evaluate the environmental state and regulate the acceptable impact on it³.
    The above said confirms the idea that a human being (even if indirectly) is included by the lawmaker as one of legal protection objects. V.V. Petrov paid attention to this peculiarity of legal regulation of natural environment back in 1995. “Applying historically known and traditional forms of environmental protection, he writes, the protection of a human being and his ecological rights is considered as the final stage of development of the whole ecological system through its small and big elements. Gradual transition from keeping natural environment safe to keeping the environment safe makes the human being directly an object of protection”⁴.
    The peculiarity of individual’s legal role as of the one who is in interaction with the environment is reflected most vividly in the category of ecological legal status of a person⁵. View on the ecological legal status of a person is based on scientifically accepted approaches concerning the concept of legal status of a person⁶, subject of environmental law, legal position of individuals as subjects of ecological legal relations and is defined by norms of this branch of law. However in order to the define the concept

¹ M.I. Vasilyeva. On application of ecological criteria of favourable environment in law // Gosudarstvo i pravo [State and Law]. 2002. No.11. P. 84-92.

² M.M. Brinchuk. Environmental law: course book, 2ⁿd rev. edition. M.: Yurist, 2005. P. 7.

³ On environmental security: Law of Republic of Belarus, November 26, 1992, no. 1982-XII, edited on 17.07.2002 // ETALON. Law of Republic of Belarus / National centre of legal information of Republic of Belarus. Minsk, 2018. [Electronic resource]

⁴ V.V. Petrov. Environmental law in Russia]: course book. M.: BEK, 1995. P. 119.

⁵ M.M. Brinchuk. Theoretical basis of ecological rights of individual] // Gosudarstvo i pravo [State and law]. No. 5. P. 5-15; M.I. Vasilyeva. Public interests in environmental law. M.: Izdatel’stvo MGU [Publishing house of Moscow State University], 2003. P. 107-125; T.I. Makarova. Ecological and legal status of citizens of the Republic of Belarus]. Minsk: BGU, 2004. P. 231.

⁶ General theory of human rights / V.A. Kartashkin and others, chief editor E.A. Lukasheva // Russian Academy of Science, Institute of state and law. M. : NORMA, 1996. P. 151-153.

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of ecological legal status, it is not enough to determine the powers of individuals and other constituents included. It is also needed to identify a constructive (fundamental) element of ecological legal status and its legal root, as well as to determine the interaction between this and other elements, creating an exceptional formation incidental only to this branch’s status. In our understanding ecological legal status of a person is formed by legal norms of human behavior as a citizen and individual towards the environment to meet his economical demands (nature management) and to protect against adverse environmental factors. The main criterion helping to establish the elements of ecological legal status of an individual should be the place of individual in the system of ecological relations, whereby the common scheme for legal regulation - a subject, using powers, is affecting the object - is not enough for ecological relations. Environmental protection as legal relationship is needed only because the environment (in usual conditions -an object of legal relations) also affects the human. This means that all legal powers of citizens, which are somehow connected to the environment, should be included in the ecological legal status.
    In law theory the central place in legal position of an individual is given to constitutional rights, freedoms and responsibilities, around which all the other elements are formed¹. In ecological legal status of an individual the whole range of rights is considered constitutional: right on favourable environment, on compensation for its harm, on ecological information, on health protection, property rights on natural resources and such rights that allow citizens to participate in making ecologically significant decisions and creating public ecological associations². Among constitutional rights there are some that in juridical literature are considered to be “the foundation in the system of rights and freedoms, on which all the other rights are based on” -inalienable rights³. The above mentioned characteristics (inalienable, constitutional, connected to the environment) are intrinsic only for the right to favorable environment. Other rights included in ecological legal status reflect only one particular side of this relationship (such as natural resource and protection) and are often valuable as means to keep and protect this constitutional right. By recognizing the right to favorable environment as central unit of ecological legal status of an individual, we inevitably include in this status the guarantees to the named right. Article 13 of the Federal Law of the Russian Federation “On Protection of Environment” defines them as a system of state measures to ensure rights on favourable environment, including the assistance to citizens, public associations and non-commercial organizations in realization of their rights in the field of environmental protection; taking into consideration the opinions

¹ Idem.

² Constitution of the Republic of Belarus of 15th of March 1994 amended at the referendums on 24th of November 1996, 17th of October 2004 // National registry of legal acts of the Republic of Belarus. 1999, no.1 - 1/0; 2004, no. 188 - 1/6032. Art. 34, 36-37, 44-46.

³ G.A. Vasilevich. Constitution and some aspects of rights and freedoms protection. Minsk: Znanie, 1999. P. 6.

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of population or the results of referendums while placing the objects, the economical or other activity of which may cause harm to the environment; prosecution of officials who impede the realization of ecological rights for citizens and public associations¹.
    In Belarusian law these guarantees are defined not for the whole complex of ecological rights, but specifically for the constitutional right of citizens to favorable environment and include other ecological rights of citizens, apart from the state measures to avoid harmful impact on the environment and its recovery, prevention and liquidation of consequences of accidents and disasters. These rights are the following: the right to reimbursement of harm, which was caused to life, health and property due to the harmful impact on environment; the right to ecological information, to decisions appeal and actions (inactivity) of public authorities and officials, to court protection and selfprotection, to participation in the activity of public ecological associations. Apart from that, the reference to provision of the right to a favorable environment by “other measures provided for in this Law and other acts of legislation of the Republic of Belarus” in the article 13 of the Law of Republic of Belarus “On the protection of the environment” leads to the following conclusion: ensuring the human right to a favorable environment is identical to the optimal operation of the environmental protection mechanism. In other words, ensuring the right to a favorable environment is the criterion for the effective functioning of the legal mechanism for environmental protection.
    One more fundamental difference in the formulation of the environmental law status construction according to the legislation of Belarus is the presence of a legal definition of the right to favorable environment itself. According to the article 14 of the Law “On environmental protection”, it is a birthright of a citizen and it is protected as a personal non-property right, not connected with a property right. Moral damage caused to a citizen by a violation of the right to favorable environment is to be compensated². The fact that the text of the law mentions the natural-born nature of the right to favorable environment, its inalienability, and the legal characterization that provides the opportunity to exercise protection by public and private law ways - it all gives the guidance to the environmental law as a whole.
    It is possible to evaluate the efficiency of the environmental law by comparing the aim of the rule of law, set by a lawmaker, with the actual result in the form of the public order on the basis of the analysis of the environmental law targets. According to the article 3 of the Law of the Republic of Belarus “On environmental protection”, these targets are to ensure the favorable environment; to regulate the relations in the field of the utilization, protection and reproduction of natural resources; to prevent negative

    On environmental security: Law of Republic of Belarus, November 26, 1992, no. 1982-XII, edited on 17.07.2002 // ETALON. Law of Republic of Belarus / National centre of legal information of Republic of Belarus. Minsk, 2018. [Electronic resource]

2

    On the environmental protection: the Law of the Republic of Belarus, 26 November 1992, No. 1982-XII: as amended by the Law of the Republic of Belarus dated 17 July 2002. Electronic Search Engine ETALON, The Republic of Belarus, Minsk, 2018. [Electronic resource]

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impacts of economic and other activities on the environment; to improve the quality of the environment; to ensure the rational (sustainable) use of natural resources¹. This is where we come to one of the key categories of environmental law - legal mechanism for the environmental protection. From the legal theoretical point of view, the legal regulatory mechanism is a system of legal means by which the legal effect on public relations is exercised². Understanding of the fact that the force of law is exercised by the legal regulatory mechanism, which “switches on” (or “is switched on”) every time, when a public need in social regulation occurs, from the perspective of branch juridical sciences takes on a special practical meaning, which indicates the content given to this notion by separate branches of the juridical science. There is also a generalized notion of the mechanism in the environmental law, and it gives the opportunity to systemize the nature and the ways of the impact of law on public environmental relations³. The differences in understanding this notion are also expressed in the terms used by different scientists: “the mechanism of the environmental law” (V.V. Petrov)⁴, “environmental-law mechanism” (M.M. Brynchuk)⁵, “legal mechanism of environmental protection” (V.E. Lizgaro, T.I. Makarova)⁶ etc.
     The diversity of public environmental relations regulated by law and, as a consequence, the complexity of the environmental law have led to the scientific substantiation and the establishment of different environmental law institutes as basic substantive elements of the legal mechanism of environmental protection. Further, for the environmental protection purpose, it is not only the means that should be embodied in law as instruments, by which the effect on public relations is exercised, but also the functions, that are performed by these instruments and that make this effect more efficient.
     We believe, that the primary feature of the mechanism of the environmental law regulation is that the formation of environmental protection means (and, as a consequence, the corresponding environmental law institutes) often has an external nature and is connected with a discovery or scientific substantiation at the level of natural sciences (ecology, biology, chemistry, physics) of new patterns, which lead to an additional effect on the environment and to the necessity of new instruments of

¹ Idem, art. 3.

² S.S. Alekseev and others. The Theory of State and Law: course book for law schools and faculties (under the editorship by V.M. Korelskyi and V.D.Perevalov). Moscow: INFRA-NORMA, 1997. P. 256-272.

³ T.I. Makarova and others. Legal mechanisms of environmental protection and ensuring the environmental safety (under the scientific editorship by T.I.Makarova). Minsk: BGU [Belarus State University], 2016. P. 156.

⁴ V.V. Petrov. Environmental law of Russia: course book for higher educational institutions. Moscow: BEK, 1995. P. 557.

⁵ M.M. Brynchuk. Environmental law: course book, 2nd edition, revised and enlarged. Moscow: Urist, 2005. P. 670.

⁶ S.A. Balashenko and others. Environmental law: study guide (under the editorship of Makarova T.I., Lizgaro V.E.. Minsk: BGU [Belarus State University], 2008. P. 495.

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its protection. Therefore, the elements of the environmental protection mechanism give name to corresponding environmental law institutes, for example, environmental expertize, environmental audit, and ecological certification.
    The orientation of the environmental protection mechanisms established in the law gives us a possibility to talk about the presence of systems of environmental law institutes, such as legal and organizational ensuring of environmental protection and economic mechanism of environmental protection. These systems correlate with each other and have a self-contained content. Also we can speak about the establishment of a mechanism that has ideological content and that unites the rules of law and institutes, which regulate the environmental education and promotion of ecological awareness; access to the environmental information and public participation in the making of ecologically important decisions¹.
    Analysis of the institutes, included in the environmental law mechanism, shows us that they unite around the basic elements of the legal regulation mechanism, such as creation of a rule of law (adopting a law) - the force of law (law enforcement) -monitoring of the implementation of the legislation - liability for the violation of the law. These institutes also contain the specifics, typical for the environmental relations. Therefore, the creation of the legislative framework of the environmental protection is exercised not only by means of adopting laws, which contain the rules of environmental law, but also by the development of technical regulations, that establish environmental requirements for technological processes and corresponding control methods. The main aim of the environmental law is to protect the environment and ensure the human right to favorable environment and this aim is realized in the enforcement practice of public authorities, legal entities, and citizens with the use of different environmental protection instruments, such as, for example, accounting in the field of environmental protection by managing the inventories of natural resources and the enterprises’ ecological passports; ecological certification, insurance, monitoring. The controlling function is performed by such environmental law instruments as the assessment of the impact on the environment, strategic environmental assessment, environmental expertize or environmental audit. Compensation of the damage, caused to the environment, including the damage caused by legitimate activity, functions as a government and authority coercion and as a way of ensuring the force of the rules of law.
    Thus, in the present time the mechanism of the environmental law regulation is a set of different measures (means), which contain organizational, economical and ideological content, which are provided by law and as a whole are aimed at the preservation of the environment - natural habitat of humans as species. It allows us to confirm the statement, which says that the main criterion of the efficiency of the law mechanism of environmental protection is also the ensuring of the human right to favorable environment.

1

    T.I. Makarova and others. Legal mechanisms of the environmental protection and ensuring the environmental safety (under the scientific editorship of T.I.Makarova). Minsk, BNU, 2016. P. 191.

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    In order to make a conclusion, we will identify the specific quality of the environmental law (it even may be a quality, typical only for the environmental law). This branch of modern legal system has a one-goal nature, because all of the targets of this branch of law (such as the environmental protection, a process of ensuring the environmental safety, the rational environmental management) are aimed at creation of favorable conditions for life and health of a human being as biological species and social individual; these conditions are perceived by the legal science as a process of ensuring the human right to favorable environment. Thus, the single criterion of the efficiency of the whole legal mechanism of the environmental protection and at the same time its value is the enforceability of the person right to favourable environment based on a principle “Achieved right of environment equals the optimal effect of a legal mechanism of environmental protection”. This principle is observed even in the opposite direction: immaculate compliance with the environmental protection rules ensures the fundamental imprescriptible right of a human being to favorable environment.

References

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