A WORD TO THE READERS
KUTAFIN UNIVERSITY CHRONICLE
VECTOR OF LEGAL SCIENCE. Environmental Aspects of Strategic Planning
The article is devoted to the analysis of state strategic planning documents, as well as current legislation that establishes the specifics of legal regulation of the use of nature-like technologies.
Based on the results of the study, the importance of the transition to naturelike technologies that reproduce systems and processes of wildlife in the form of technical systems and technological processes integrated into the natural environment and natural resource turnover in order to ensure the priority direction of scientific and technological development of the Russian Federation is proved.
It is noted that the use of nature-like technologies determines the emergence of fundamentally new environmental threats and challenges, since nature-like technologies can affect the state of ecological systems, natural complexes and natural objects.
Based on the conducted research of tools for creating nature-like technologies — the so-called convergent NBICS technologies (nano-, bio-, information, cognitive, socio-humanitarian and other technologies), the problems of legal regulation of these relations are identified, as well as proposals for improving the current environmental legislation regarding the development and application of nature-like technologies.
Currently, research on environmental safety and environmental protection in China is dominated by scientists of the branch of legal science, but it is difficult to form a holistic point of view on environmental protection to a certain extent within the framework of thinking of the branch of legal science. It is necessary to find a more perfect concept that will replace the concept of “legal system”, and such a concept is the “regulatory system”. The authors introduce a new concept of “environmental protection of the environment” into scientific use.
The article shows that in terms of the composition of the regulatory system, environmental protection in modern China has formed a relatively stable three-dimensional regulatory system, that is, a multifaceted regulatory system. The authors reveal the dominant trends in the development of the system of legal regulation of environmental protection and environmental safety in China.
With the introduction of Article 12.1 of the Forest Code of the Russian Federation, which defines the concept of the forest complex as a unity of various activities carried out in forestry and the forest industry, state policy has become more focused on a comprehensive solution to the problems set for the accelerated development of the forest complex. This article examines the program documents that define the main directions of forestry development as the most important component of the forest complex. Strategic planning documents in the forest industry are systematized and their main provisions are considered. Particular attention is paid to the analysis of the Strategy for the Development of the Forest Complex until 2030 as the central act in the system of strategic planning documents. Measures are proposed to improve the efficiency of forest use and protection, ensure the organization of sustainable forest management, the main ones of which are the use of state information systems in the field of forestry and the transition to the use of digital technologies.
The field of conservation of aquatic ecosystems participates in ensuring the strategic priority «environmental safety and rational use of natural resources», integrated into the overall system of national strategic priorities implemented through the efforts of public authorities and civil society institutions. The paper analyzes certain aspects of the conservation of aquatic animals listed in the Red Book of the Russian Federation, identifies problems of legal regulation related to the lack of legal certainty regarding the participation of public organizations in the rescue of marine mammals in need of human assistance. An analysis of the sources of law reveals the need to improve the legislative framework, strengthen the legal and informational components of the process of legally removing Red Book animals from their habitat and further handling them for the purposes of veterinary care and (or) treatment, as well as developing cooperation between the state and the non-profit sector for the conservation of cetaceans in Russian waters.
The article analyzes issues related to the efficient use of natural resources — the task set in the Strategy of Environmental Safety of the Russian Federation. One of the tools for achieving this task is natural resource legislation regulating the use and protection of natural resources. The author provides a classification of concepts, formulates requirements for definitions, examines disputes and opinions regarding the place of natural resource law in the system of branches of legislation and branches of law, raises problems associated with the concepts (definitions) given by the legislator, in some cases reaching the Constitutional Court of the Russian Federation, which in turn shows their role in law enforcement practice.
This article attempts to show, using the example of various norms of natural resource legislation, how important concepts (definitions) and terminology are in the theory of law in general, and in regulatory legal acts, in particular, both in theoretical and practical senses.
VECTOR OF LEGAL SCIENCE. Transformation of the energy sector as one of the priorities of sustainable development
The article examines the legal aspects of the development of competitive relations in the wholesale and retail electricity markets and in heat supply. The main gaps and conflicts of energy legislation in terms of ensuring the development of competitive relations in the energy markets are considered, among which organizational, methodological, structural problems, as well as problems of regulatory regulation of the energy sector are highlighted. The peculiarities of the development of competitive relations in the energy sector are also highlighted, including the presence of objective limitations for the development of competition, the presence of specific legal mechanisms for stimulating and developing of competition in the energy market, as well as the forms of competitive relations inherent in this field (quasi-competition), including special types of selections and contests. The legal features of quasi-competition mechanisms in the energy sector have also been revealed. The key trends in the development of competition in the energy market are the development of specific forms of non-price competition, the expansion of the market scale through the formation of cross-border markets (for the wholesale energy market), as well as the development of regional trading platforms (for retail energy markets).
The article suggests some directions for improving the legal regulation of relations in the field of energy security of the Russian Federation based on a systematic analysis of the levels and types of energy security, as well as the interrelationships of such levels and types of energy security, the interrelationships of energy security and other areas of national security. It is proposed to improve the legal regulation of relations in the field of energy security in the following significant areas: development of international regional energy cooperation; achievement of priorities for scientific and technological development in the energy sector; differentiation of the organizational structure of entities ensuring the implementation of energy security requirements at the level of local governments and energy business entities; ensuring energy security in new subjects of the Russian Federation; convergence of levels and types of energy security, energy security and other types of national security, taking into account the economic interests of energy entities and consumers of energy resources in a market model of energy relations.
The issues of the use of Arctic mineral resources are of interest to both Arctic States and States that do not have direct access to the Arctic region, but are interested due to strategic circumstances in carrying out activities in the Arctic region. Recently, a number of states have adopted or updated their Arctic strategy in connection with the rapidly changing international agenda and in order to adapt existing documents to geopolitical realities.
These documents are based on relations related to the protection of the environment, climate, sustainable development, protection of biodiversity, technology exchange and improvement of legal regulatory mechanisms, development of transport and logistics routes, protection of small and indigenous peoples, ensuring national security. In this regard, the author examines and analyzes the key normative and doctrinal sources regulating legal relations in the field of the use of Arctic energy resources in the Arctic, arising between states both at the national and international levels.
The article examines various aspects of the application of the rules on unjust enrichment in the sphere of heat supply (property, obligation and protective), demonstrating a largely formal approach not only to legal relations in the sphere of heat supply, but also to the choice of methods for protecting civil rights. Using a number of indicative legal disputes as an example, the article criticizes the right to assign thermal capacity, which often leads to unjust enrichment; the model for regulating the transfer of thermal energy, in which a related organization bears uncompensated costs for the use of its heat network property; the right to demand compensation by the subscriber for poor-quality thermal energy, calculated taking into account the change in the amount of payment for the utility service.
VECTOR OF LEGAL SCIENCE. Theoretical Problems of Environmental Law
A wide range of national goals and strategic objectives in the field of environmental well-being, low-carbon development, implementation of the green, climate agenda, creation of a high-tech knowledge-intensive resourcesaving economy, achievement of technological sovereignty, digitalization and implementation of digital technologies actualize the application of an innovative approach in the regulation of environmental and related social relations. With regard to the environmental sphere, innovations are considered in the doctrine as the best available technologies, the introduction of which is provided for in strategic planning documents, environmental legislation, and statistical tools of innovation.
The article shows the need and prospects for the development of environmental law, which is in close interrelationship with other branches due to its integrative content, the use of methodology of legal (legal) innovation as an interdisciplinary field of knowledge about the processes of emergence, implementation and management of innovations in jurisprudence. Doctrinal approaches of understanding the paradigm of legal innovation not only in the framework of innovation legislation, but also in the sphere of lawmaking, normative and managerial decision-making, functioning of the state mechanism and management are highlighted. The article considers innovation-legal regimes in the context of improvement of state environmental management taking into account the digital transformation of the environmental sphere.
Ensuring food security is a key area of BRICS cooperation. Modern environmental threats and challenges determine the transformation of national models of legal regulation of agricultural activities. The article reveals the priorities of BRICS in the field of food security, a conclusion is made about the need to modernize the food security management system both at the national and regional levels, based on the management of climatic, agro-ecological and other risks. The author’s position on the transition to a model of implementing environmentally friendly agricultural activities is formulated, its content is disclosed. In particular, the production and circulation of organic agricultural products, as well as organic fertilizers. It is substantiated that an integral part of the legal regulation of food security in the Russian Federation should be norms aimed at greening agriculture, minimizing the impact of anthropogenic activities on the environment in the process of implementing agricultural activities, as well as adapting agriculture to climate change. The directions of environmental and legal support for food security in BRICS are formulated.
VECTOR OF LEGAL SCIENCE. Problems of waste disposal in the system of sustainable development
The article analyzes issues related to the problems of destruction (disposal) of unsuitable and prohibited pesticides and agrochemicals; identification of unauthorized locations of obsolete pesticides. The author reviewed the powers of the state executive authorities of the subjects of the Russian Federation, local governments in terms of inventory of objects of negative impact on the environment, disposal of identified ownerless pesticides and agrochemicals. The author analyzes regional programs in the field of environmental protection, sanitary and epidemiological welfare, chemical and biological safety, risk reduction and mitigation of natural and man-made emergencies, in the field of hazardous waste management, aimed at the disposal, destruction and burial of unusable and prohibited pesticides and agrochemicals and containers from — under them.
VECTOR OF LEGAL SCIENCE. Sustainable agriculture
The article analyzes the problems of legal support for meadow farming in the Russian Federation, which is assessed from two sides: firstly, from the side of agricultural legislation, and secondly, from the side of environmental legislation. The author substantiates the principles of legal support for natural vegetation growing in the meadows of Russia for basic and auxiliary agricultural activities. The necessity of different priorities of agricultural and environmental legislation in the first and second cases is emphasized. It also substantiates the need for further development of legislation on meadows in the direction of its detail in order to provide the necessary legal apparatus for the development of agricultural sciences on this issue. Legislation can be developed both at the federal and regional levels. The author also substantiates the definition of meadow farming by offering his own interpretation, as well as justifies the classification of relationships in meadow farming. From the perspective of agricultural and natural resource legislation, the author analyzes the system of land improvement for meadows, hayfields and pastures. From these positions, the author considers various methods of improving meadow lands: methods of low-cost improvement and methods of radical improvement of meadows. In conclusion, the author dwells on the state support of this area of agricultural activity.
SCIENTIFIC RESEARCH
the article examines the most important element of the law—making mechanism in the Russian Federation — the law-making decision, reveals its features and features. Attention is paid to such a phenomenon as lobbying, which is increasingly being introduced into the law-making process. The types of lobbying are revealed: official, public, shadow; the positive and negative impact of lobbying on law-making is considered, the connection of illegal lobbying with corruption is traced. A legislative regulation of lobbying in Russia is proposed.
Drug addiction causes great harm both to the health of the population and is the direct cause of many violent crimes. In 2023, the fact of committing 196,110 crimes by drug addicts was established in Vietnam. In the Law of the Socialist Republic of Vietnam (hereinafter — SRV) «On the prevention and Control of drug Trafficking» of 2021, the Law of the SRV «On the Consideration of Administrative Violations» of 2012 (with amendments and additions of 2020), etc. measures for the prevention and control of drugs, including the use of compulsory medical measures, are defined. However, the provisions governing the referral of persons for such treatment still have some gaps, which leads to difficulties in applying the law. In this regard, the author pays special attention to clarifying the general issues of regulation of the use of compulsory medical measures and the current state of legal regulation of the use of compulsory medical measures with proposals for improving legislation.
REVIEWS
TRIBUNE FOR YOUNG SCIENTIST
The article explores the legal dimensions of climate security within the framework of Russia’s national security. It examines legislative measures aimed at reducing emissions, including the updated Climate Doctrine. The paper analyzes challenges related to climate adaptation, the influence of international commitments and sanctions, and the importance of independent assessments and technologies. Particular emphasis is placed on the necessity of revising climate policies and developing measures for climate change adaptation to ensure national security. This includes designing and implementing actions to adapt natural, social, and economic systems to current or anticipated climate changes and their impacts, which could significantly damage infrastructure and negatively affect human health and wellbeing. Given the intensifying effects of climate change, federal and regional executive authorities must be prepared with plans to mitigate potential risks or seize opportunities arising from these changes under various scenarios.
An urgent area of interstate cooperation between the Russian Federation and the Republic of Belarus is integration projects implemented within the framework of the Union State, focused on environmental protection and rational use of natural resources. The field of waste management
of production and consumption belongs to the trend areas of modern state environmental policy. The harmonization of waste legislation contributes to the achievement of strategic goals and the implementation of correlated tasks in the field of waste management in the Russian Federation and the Republic of Belarus.
The article highlights the main strategic planning documents in the field of production and consumption waste management in the Russian Federation and the Republic of Belarus. The analysis of the main legal concepts in the field of waste management, such as: «waste», «waste of production and consumption», «waste of production», «waste of consumption», «waste management», provided for by Russian and Belarusian legislation. The features of the conceptual apparatus affecting the legal regulation of relations in the field of waste management are highlighted.
The features of legislative regulation and criminal liability for environmental offenses are considered using the example of the European Union and individual member states of a political association. A brief description of environmental crime in Russia is given. It is noted that among the key measures to ensure environmental safety, criminal prosecution is highlighted for committing acts that violate criminal law in the field of environmental protection. The author comes to the conclusion that the criminal legal policy of the European Union in the field of ensuring environmental safety is to protect the environment and ensure sustainable development through the use of criminal legal measures and mechanisms to prevent and punish environmentally harmful criminal acts. The author considers the key features of the criminal legislation of the member states of the association to be: a) the reference and blanket nature of the legal norms establishing liability for violation of criminal environmental legislation, which makes it possible to apply them in conjunction with reference to national and sectoral regulatory legal acts; b) establishing strict norms and standards in the field of environmental protection and establishing responsibility for pollution and damage caused to specific areas of the environment; c) approval by states of sectoral criminal legislation that regulates exclusively norms in the field of environmental protection, for example, the Environmental Code (France), the Environmental Code (Sweden), etc.
BOOKSHELF OF THE DEPARTMENT
LAW IN HISTORICAL REFRACTION. Legal heritage
LAW IN HISTORICAL REFRACTION. Legal Monuments
POST SCRIPTUM
ISSN 2782-6163 (Online)