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No 1 (2019)
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ВЕКТОР ЮРИДИЧЕСКОЙ НАУКИ МЕТОДОЛОГИЯ ЭКОЛОГИЧЕСКОГО И ПРИРОДОРЕСУРСНОГО ПРАВА

14-21 485
Abstract
This article takes a look at the issues of the development of enwironmental law in the context of the provisions of the Constitution of the Russian Federation and the state of civilization. Exploded significant potential of the constitutional provisions on law-governed state, social state, the role and place of man and nature in social development. Attention is drawn to the limitations of the concept of sustainable development and a mechanism for its improvement in civilization development.
22-36 187
Abstract
The article discusses the issues of ensuring the coordinated development of resorts and health-improving areas with targets and indicators of strategic planning documents at various levels. In this context, an assessment is made of the provisions of the modern Strategy for the development of the sanatorium-resort complex of the Russian Federation, its economic, social and environmental parameters are considered in relation to other goal-setting documents developed, including by sectoral and territorial principles, as well as programs directly related to the resort sector or interrelated with this area. Methodological approaches to the strategic planning of the development of resorts and medical and recreational areas are proposed, contributing to the solution of existing problems and contradictions.

ЗЕМЕЛЬНЫЕ ПРАВООТНОШЕНИЯ

37-44 268
Abstract
The article considers a new risk-based approach in the implementation of state land supervision in general and for agricultural land in particular; highlighted new indicators of the effectiveness and efficiency of supervisory activities of state bodies; reviewed performance management maturity standard; considered various criteria for assigning land control objects (supervision) to certain risk categories by the Federal Service for State Registration, Registry and Cartography and the Federal Service for Veterinary and Phytosanitary Surveillance; shows the statistics of the last years of control and supervisory measures in relation to agricultural land; highlighted proposals for the improvement of supervisory activities in respect of agricultural land.
45-53 265
Abstract
In modern geopolitical and economic conditions, food safety becomes important. The development of agriculture is impossible without creating the legal, organizational and economic conditions for the functioning of agricultural producers. Foreign and domestic experience indicates a significant economic and social potential of agricultural cooperatives. The purpose of this article is to study the evolutionary formation and development of the mechanism of state support for agricultural cooperatives in Russia and foreign countries, an analysis of modern measures of state support for agricultural cooperatives. The result is the development of proposals for improving the legal regulation of state support for agricultural cooperatives in Russia.
54-63 1900
Abstract
In the current legislation of the concept “earth” and “land plot” are quite often used as identical. The article discusses the relationship of these concepts. It is concluded that at this stage of development of land relations, the earth is an independent object of the land, including administrative, protective and property relations. However, with regard to property relations, the term “earths” can only be used in relation to land in public ownership. The lands which aren’t individualized in the manner prescribed by cadastral legislation, and not recognized as an immovable by the Civil Code of the Russian Federation as an object of rights that are subject to state registration can act as an independent object of the relations for use by their individuals in the cases which are directly provided by the Land code of the Russian Federation on the basis of decisions (permissions) of authorized authorities. Both the land plots, and earths can be an object of the protective land relations. Therefore, the provision requiring administrative responsibility for unauthorized occupation of a land plot requires clarification. As an objective side of the relevant offense, it is necessary to provide for unauthorized occupation of a land plot, part of a land plot or state or municipal land, including their use by a person who does not have rights to the specified land plot or without documents authorizing the conduct of economic activity
64-74 1709
Abstract
In this article, based on the analysis of doctrinal provisions and current legislation, the concept and characteristics of a multi-contour land plot are investigated. In law enforcement practice, a multi-contour land plot acts as an object of land relations, while the regulatory framework of the Russian Federation is characterized by significant gaps in the regulation of the regime of this site. The question of the distinction between the concepts of “multi-contour land plot" and “single land use” is of debatable character; the grounds and conditions for the formation of multi-contour land plots are unresolved. These problems lead to disputes and conflicts, which this study aims to eliminate.
75-83 538
Abstract
This article demonstrates the role of the Constitution of the Russian Federation, which laid down the fundamental principles, the system of constitutional coordinates on legality in land relations, the parity of private and public interests. A comparative legal analysis of the norms of constitutional and land legislation has been carried out and the author’s position on the current state, main achievements, value and significance of the Foundation Law has been expressed. Examples of positive and negative development of land legislation, its inconsistency, cumbersome, unacceptable trend of changes are considered. The author critically evaluated ideas for reforming the industry, including the proposal to abolish the principle of dividing lands into categories. A special place is given to the analysis of problems in the field of regulation of the turnover of agricultural lands, which have recently been faced by the producers of goods. A special attention is paid to the consideration of the conditions of legality, the validity of the legal acts adopted by the state subjects of the Russian Federation containing the norms of land law. In the context of optimization, the article stresses the need to eliminate the gap between the ideals established by the Constitution and the reality. To enhance the effectiveness of constitutional norms, the most important, according to the author, is to strengthen the legal mechanism for their application. The author has formulated proposals for the improvement of land legislation.
84-91 223
Abstract
In the article problems of legal enforcement of publicity information on limitations on real estate rights are analyzed on the example the legal regime of medical rehabilitation localities and resorts. The relevance of the article is due to numerous cases in the field of the exercise of real estate rights of citizens on the territories of resorts and amendments of land and town planning legislation with respect the order of establishment of zones with special use conditions of territories. In the article present state of legislation in the sphere of information management of legal restrictions within the boundaries of zones of sanitary (mountain-sanitary) protection of resorts and medical rehabilitation localities taking into account the present amendments of land and town planning legislation is evaluated, outstanding legal problems in the field of relationships are revealed.
92-101 395
Abstract
The steady development of rural territories is one of the central objectives of state agrarian policy. Since the economical utilization of the earth of agricultural designation comes out as one of the basic components of the steady development of rural territories, a question about its lawful guarantee is extremely urgent, especially in connection with the sanctions in the food sphere. In this context is analyzed number of the problems of state land supervision, administrative and land- lawful responsibility for non-use of the land and others, they are proposed to the way of their solutions, directed towards the creation of conditions for the steady development of rural territories. In particular, conclusion about the expediency of the introduction of changes in federal law of July 24 g. 2002 is made. № 101-FZ “About the revolution of the earth of agricultural designation” in the part of the determination of the period of the non-use of the agricultural land, on which depends the possibility of its withdrawal. Approaches to a change in the standard p. are proposed. 3 st. 6 Law for purposes of the acceleration of the passage of the neispolzuemykh earth to the honest masters and, as a result, increase in the production of agricultural production.
102-109 194
Abstract
The Term «actual use of land plot» is often found in the land legislation, but it is not legally defined anywhere. With regard to agricultural land plots certain advantages in the acquisition of the property or the lease are granted to agricultural organizations that use such sites. The article analyzes the views of scientists and judicial practice on the question of what should be such a «use»: only legitimate, based on any legal basis, or actual. It is concluded that it is necessary to concretize this term in order to protect the rights of agricultural producers and reduce the number of land disputes

ПРОБЛЕМЫ СОХРАНЕНИЯ БИОЛОГИЧЕСКОГО РАЗНООБРАЗИЯ

110-119 344
Abstract
The issues related to biological pollution of the marine environment in relation to the Arctic region are considered. It is indicated that the relevance of this problem for the Arctic will increase over time. International legal acts regulating relations in this sphere, as well as domestic legislation are studied. Proposals are made to improve the legal regulation in the field of protection of the Arctic environment from unwanted biological invasions.
120-128 241
Abstract
The article analyzes alternative approaches to determining the goals of environmental protection and in particular of biological diversity protection. It is noted that the eradication in the minds of people exclusively consumer attitude to nature, the formation of an understanding of the need for reasonable and not excessive consumption of its resources, the education of respect for it are the key to successfully achieve a balance of human interests and environmental protection goals. It is concluded that the development of the conceptual apparatus of sectoral legislation should be based on the terminology and wording of the natural sciences. The article reveals the content of the concept of “biological diversity”, notes the most promising areas and directions of its legal protection, taking into account the interdisciplinary approach and existing international experience in this field.

СРАВНИТЕЛЬНО-ПРАВОВОЕ ИССЛЕДОВАНИЕ

129-136 260
Abstract
The article analyses normative legal acts of the federal level and of cities of federal significance (Moscow, st. Petersburg and Sevastopol), regulating the protection of green spaces, and also considers various concepts used by the legislator: forest, green park belts, forest plantations (trees, bushes, vines) flora, green spaces, green areas.
137-147 274
Abstract
An interdisciplinary study of the environmental and legal regulation of environmental management made it possible to identify the legal meaning of the most efficient use of nature. Three main approaches to the understanding of the term “rational environmental management” among representatives of the natural science bloc have been identified: 1) the non-exhaustive (sustainable) use of nature; 2) excluding any negative anthropogenic impact; 3) leading to an increase in sustainability (productivity) of ecological systems. The legal essence of rational nature management as the most optimal interaction between man and nature consists in increasing the qualitative and quantitative characteristics of ecological systems in the form of increasing their resistance to the negative impact of natural and anthropogenic factors. Depending on the degree of efficiency in the use of nature, the following types of nature management are distinguished: 1) rational, 2) non-exhaustive (sustainable), 3) degrading. The legal significance of the proposed classification of environmental relations is shown. Each selected type of environmental management relationship requires a separate system of legal means. Depending on the type of nature management, it is recommended to apply the prevailing stimulating, restricting or prohibiting environmental legal regulation.
148-155 341
Abstract
With the advent of the twenty-FIRST century, the scientific community is increasingly raising issues of environmental human rights. The development of the existing mechanism for their implementation is one of the priorities in each country, along with the task of economic development of society and improving the living standards of citizens. At the same time, environmental problems are no less important than economic problems, because with the presence of even highly developed technologies and the presence of extremely polluted environment, the problems of human survival will be put in the first place. The authors of the article from a historical point of view consider the process of consolidation of environmental rights of citizens in the international legislation and legislation of the Russian Federation, as well as identify a number of problems arising from their direct implementation.
156-162 295
Abstract
The article considers information of the updated international legal regime of response in case of nuclear accidents taking into account the experience of response to the accident at the Fukushima Daiichi NPP, identifies the problems of practical implementation of the envisaged measures in this area, emphasizes the relevance of improving the international regime of response in case of a nuclear accident, as well as the importance of improving the coherence of approaches and coordination of international cooperation in this area.

TRIBUNE FOR YOUNG SCIENTIST

163-168 290
Abstract
The article deals with law enforcement problems of state land supervision by federal executive authorities, including the interaction between them in identifying land violations, with municipal land control authorities, and with law enforcement agencies.
169-175 297
Abstract
The article considers the essential characteristics of land use for mining purposes, which allows to reveal the legal nature of the relevant relations. On the basis of modern theoretical approaches, the significance of the legal nature of the relations under consideration for the further improvement of an environmental legislation is substantiated.
176-185 319
Abstract
The article considers the possibility of using forest certification as a tool to combat the depletion of forest resources in Russia. The historical information about the development of forest certification in the world is given. To justify its use, examples of tighter control over imported products in a number of foreign countries are given. The article describes the process of forest certification development in Russia, provides examples of alternative methods of accounting and verification of timber products, conducted by the domestic legislator, as well as a comparison between certification and other methods of accounting and verification. As an example of the application of the Institute of forest certification abroad is the experience of Finland, including the measures taken at the state level to promote responsible forest management. The pros and cons of intensification of production in the timber industry in Finland are shown. The characteristic of forest certification as a way to combat the reduction of intact forest areas of Russia is given. Positive and negative aspects of forest certification application in the Russian Federation are defined. Possible ways of solving the problem of reducing the territories of intact forests with the help of forest certification are proposed.

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