A WORD TO THE READERS
KUTAFIN UNIVERSITY CHRONICLE
EXPERT OPINION
The problem of studying the goals, objectives and legal mechanisms for the implementation of the Environmental Doctrine of the Russian Federation and the development of the doctrine of environmental law in the absence of a clear systematization and interconnection of a set of strategic planning documents is very relevant.
The article summarizes and analyzes the main provisions of the Environmental Doctrine of Russia. The authors show that economic globalization significantly changes the nature of environmental management. Many environmental phenomena and related social relations are of a national, international nature.
The authors of the article investigated the issues of strategic understanding of international and national environmental policy. The necessity of forming the doctrine of environmental law is shown.
The authors believe that the current trends in the development of international relations and the national characteristics of Russia, its competitive advantages, as well as the challenges it faces internally and externally, require the development and implementation of a new environmental policy, its transformation into one of the national and foreign policy priorities. The authors substantiate the necessity and possibility of revising the current environmental and legal national regulation. The ideological and organizational-legal features of the preparation of a new environmental doctrine and the doctrine of environmental law are shown.
The article is aimed at the development of ecological and legal mechanisms of environmental protection in the conditions of economic sanctions in order to develop a balanced state environmental policy in the new economic and political conditions of socio-economic development of Russia.
VECTOR OF LEGAL SCIENCE
The article is devoted to the study of modern problems of legal support of environmental protection, environmental safety and rational use of natural resources, including on the basis of the best existing practices, methods and standards of conducting environmentally responsible business (ESG principles). The conclusion is proved, according to which, in the conditions of active application of ESG standards in the economic activities of enterprises, new forms, models and methods of using natural resources and their protection are significantly ahead of environmental legislation in time. Taking into account the fact that the latest changes in the federal environmental legislation of the Russian Federation will, to one degree or another, affect almost all economic entities (not only directly or indirectly related to the production, processing, use, transportation and transit of hydrocarbons or other energy resources, but even partly small and medium-sized businesses), in addition to the appropriate transformation of environmental legislation in response to these challenges, it is necessary to develop modern legal mechanisms for environmental protection, ensuring environmental safety and nature management based on ESG principles, which will, first of all, take into account global trends (trends) modernization of the economy, management, social development, as well as the need to use advanced “green” technologies.
Strategic planning as a management mechanism aimed at achieving the priority goals of the state, including the processes of goal-setting, forecasting and planning the socio-economic development of the Russian Federation, is the most important political and legal basis for the development of Russia. Food security is an integral part of the national security of the Russian Federation. The modernization of strategic planning in the field of food security of the Russian Federation in 2022 led to the formulation of the task of ensuring the food independence of our country. The strategic planning documents in the field of food security define risks and threats, goals and objectives, indicators and assessment indicators, the main directions of state policy aimed at realizing the national interests of the Russian Federation. The conducted legal analysis of strategic planning documents in the field of food security at the federal level led to the conclusion that the Russian Federation has formed a multi-level system of political and legal acts aimed at achieving Russia’s indicators of food independence, improving the quality of life of citizens, providing the population with high-quality and safe food products, sustainable development and modernization of agriculture and fisheries and infrastructure, production of agricultural products that meet environmental, sanitary and epidemiological, veterinary requirements, increasing the efficiency of state support for agricultural producers, training highly qualified personnel for agriculture. At the same time, in modern geopolitical conditions, it is necessary to revise certain provisions of strategic planning documents in the field of ensuring food security in terms of clarifying target indicators, terms, measures of state support for agricultural producers. The article formulates the main directions of modernization of strategic planning documents to ensure food security.
The Article analyses the problems of legal provision of food security in the Russian Federation. The United Nations Commission on Agriculture has developed food security criteria such as physical availability of food to the population, affordability and food safety. The Russian approach, unlike the above, has supplemented it with an indicator of state food independence. This approach proved to be far-sighted and proved correct in the context of the policy of sanctions by leading European states against the Russian Federation, including their reinforcement caused by the special military operation in the territories of Ukraine, the Donetsk People’s Republic and the Luhansk People’s Republic. The author also points out the contradiction between the food security mechanism, which involves significant state support for agricultural producers, and the market mechanism for the sale of agricultural products. This led the author to conclude that the state should guarantee partial sales of agricultural products to Russian agricultural producers, thereby minimising the mechanism of bankruptcy for them due to stiff competition in the agricultural market.
Food security includes several components, one of which is to provide the country’s population with safe and high—quality food, including animal products. Regulatory legal acts of Russia, as well as the Eurasian Economic Union, fixing veterinary and sanitary requirements for the production and sale of such products, as well as requirements for preventing hazardous biological waste from animal husbandry from entering the environment, are aimed at achieving this goal. The Rosselkhoznadzor carries out control and supervisory activities to comply with these requirements using digital technologies, in particular, the Federal State Information System in the Field of Veterinary Medicine (FGIS VetIS). Based on the analysis of judicial practice, it is concluded that the use of this information system ensures the prevention of low-quality and unsafe animal products on the consumer market, the detection of violations of veterinary legislation, legislation on environmental protection and thereby contributes to ensuring food and environmental safety.
The article examines the state of legal regulation of relations related to ensuring national security. The importance of ensuring environmental safety as an integral part of the national security of the Russian Federation is noted. The author refers to the documents of strategic planning — Strategies on national security, on environmental security. Based on the analysis of the current state of protection of the individual, society, state from internal and external threats, using the approaches to ensuring the types of security specified in the strategy, the conclusion is made about the importance of implementing a set of measures aimed at ensuring security, among which the author highlights state supervision (control). Among a large number of bodies of such supervision, the author singles out and analyzes the activities of a specially authorized body for the implementation of state supervision over the state and use of agricultural land — the Federal Service for Veterinary and Phytosanitary Supervision. The author refers to the documents that regulate the implementation of supervisory functions, to documents reflecting the results of the work of this body, analyzes the results of such activities, draws conclusions about the presence of difficulties, problems in the implementation of such supervision in an effective way, suggests options for solving such problems.
The article deals with the following issues: decarbonization; experiment on emissions quotas for pollutants conducted in some cities of the Russian Federation and the experiment planned to be conducted in some subjects of the Russian Federation; limitation of greenhouse gas emissions; atmospheric air protection; atmospheric air quality standards as well as standards for emissions of harmful (polluting) substances into the air and harmful physical impacts on it. In addition, the significance of such natural resource as forest, which is the main natural absorber of greenhouse gases in terrestrial ecosystems, and carbon polygons — one of the ways to study and control the global environmental problem of climate change on the planet — is shown.
The article gives an assessment and, in a comparative legal context, analyzes the emerging Russian legislation aimed at reducing greenhouse gas emissions. The carbon regulation system is based on the introduction of an innovative for environmental law procedure for trading greenhouse gas emissions. The review and analysis of international agreements on climate is given. It is concluded that the current agreements do not prescribe the introduction of a legal mechanism for trading in carbon units, since the Kyoto Protocol has not been in force with respect to Russia since 2012. The main influence on the development of domestic legislation is exerted by the climate legislation of the European Union. Comparisons of recent federal emission control laws show some discrepancies with the EU. Criticisms are expressed that create risks of reducing the effectiveness of laws, and proposals are made on the integration of legal measures to limit emissions into the general legal model of environmental protection.
This work is devoted to the analysis of modern trends in the development of green energy in Russia. In recent years, Russia has been making a lot of efforts to develop alternative energy, as the entire world community is currently focused on finding solutions to the problem of rational use of natural resources. But at the same time, the level of use of green energy in Russia is significantly inferior, for example, to China, a number of other European countries, which is primarily due to the vast territory of the country, as well as the imperfection of the technological base. The article will attempt to analyze the state of green energy in Russia and forecast the prospects for its development. Attention will be paid to the advantages and disadvantages of alternative energy sources and the technical capabilities of their production on the basis of Russian enterprises will be analyzed, as well as the experience of a number of foreign countries on the use of green energy will be touched upon.
The article shows the main risks and threats of a biological, veterinary nature that affect the national security of the Russian Federation in general, and food security in particular. The author examines the content of regulatory legal documents in the field of ensuring food, biological, environmental, veterinary safety. The activities of the World Organization for Animal Health, the International Epizootic Bureau, the Federal Service for Veterinary and Phytosanitary Surveillance are reflected. Particular attention is paid to the federal state systems in the field of veterinary safety: “Mercury” (veterinary certification), “Argus” (assessment of the country’s epizootic well-being), “Vesta” (centralized control over the work of laboratories), “Cerberus” (registries of enterprises with a compartment level, enterprises certified for the export of products to the countries of the Customs Union and not included in the CU, etc.), “Cyrano” (suppression of the facts of circulation of potentially unsafe products that do not meet veterinary and sanitary requirements), etc.
The relationship between human society and the animal world is on the verge of a fundamental, qualitative reboot! When analyzing the prospects for changes in the legal status of animals in the Russian Federation, it is customary to turn to Western European experience. At the same time, the fact that pre-revolutionary Russian jurisprudence considered the problems of protecting animals from harsh treatment through the legalization of their rights is either forgotten or deliberately suppressed. In part, this oblivion is explained by the ideological alienation of the Soviet legal ideology of the institutionalization of the legal personality of animals, and the approximation of their legal status to the legal status of man.
Progressive-minded practicing lawyers, as well as legal theorists, need to get rid of ideas about the bourgeois pseudoscience of owning animal rights and stop considering animals exclusively as things. The theoretical support in this paradigm shift of public consciousness is the views of Russian humanist jurists of the late XIX-early XX century.
In this article, the ideas about changing the legal status of animals contained in the works of Y. Levandovsky, P.V. Bezobrazov, S. Fischer are consistently analyzed. Giving an idea that before the revolution of 1917, domestic jurisprudence was in the trend of global trends, the humanization of relations between human society and the animal world. Expressed in the desire of the most liberal and progressive part of jurists to legalize the natural rights of animals, that is, to guarantee them the right to life. After a long period of oblivion, the ideas of the validity of animal rights have become the property of caring environmentalists, as well as truly liberal-oriented jurists of modern Russia.
he development of genetic technologies requires adequate legal regulation of these relations, taking into account their characteristics and the need to ensure the safety of genetic engineering activities on a systematic basis in conjunction with biological, environmental, climatic, sanitary and epidemiological, food and other types of national security. The article considers the main directions for improving the legislation on genetic engineering activities and related branches of legislation, including in the field of ensuring biological safety. The necessity of legal regulation of relations related to the use of genomic editing technology as an integral part of genetic engineering activities is substantiated. When improving legislation in the field of genetic engineering, it is necessary to take into account the objective processes associated with the emergence of GMOs of new generations, based on a differentiated approach to assessing GMO risks and monitoring them. Risk assessment of further development of genetic technologies, ensuring their safety should be carried out on the basis of an integrated approach as part of biological safety, in connection with which it is necessary to legalize the concepts of “genetic technologies” and “biological technologies”, determine the relationship between them, legislate their classification, as well as concepts of “risk assessment”, “risk factors”, “biological safety indicators”. There is a need for systematic information and legal support for the use of genetic and biotechnologies, one of the directions of which is the legal regulation of the activities of bioresource centers, as well as the procedure for creating, maintaining, using bioresource collections and biobanks, including the conceptual apparatus, principles, organizational and legal measures.
The article substantiates the importance of protecting the ozone layer at the international level, since the efforts of individual States to limit the turnover of ozone-depleting substances at the national level are insufficient. The international legal regulation in this area is investigated, the need for the protection of the ozone layer at the international level is justified. In order to implement the norms of international law, it is also necessary to adopt appropriate legislation at the national level, in connection with which the article analyzes the legislation of the Russian Federation in the field of ozone layer protection, conclusions are drawn on the topic of the study.
The purpose of the study is to analyze the international legal regime for the protection of the ozone layer, as well as to establish the adoption and operation of international legal acts for the protection of the ozone layer. The protection of the ozone layer is an important area of climate protection. The preservation of the ozone layer leads to an increase in resistance to climate change, which is especially relevant at the present time, contributes to the achievement of one of the priority goals related to a positive impact on the environment, established in the Decree of the Government of the Russian Federation dated July 14, 2021 No. 1912-r “On the approval of the goals and main directions of sustainable (including green) development of the Russian Federation” — preservation, protection or improvement of the state of the environment.
The problem of ensuring environmental security is vital for all states of the world. The new environmental threats that have emerged recently in Russia objectively require relevant approaches both in state practice and in the sphere of theoretical developments. The article defines the role and place of environmental security in the national security system of the country, some of the issues of environmental security of the state in the ecological crisis are discussed, and the issues of ecological culture are reflected. The article investigates and analyzes the main environmental problems, the role of law in resolving them. of ecologically disadvantaged areas, contamination of water bodies, poisoning or damage land by harmful products economic or other activities. The analysis of legal regulation the legal responsibility for the production and trafficking, including content, acquisition, storage, transportation, shipment and sale, the most valuable wildlife and of water biological resources, belonging to the species, included in the Red Book of the Russian Federation and (or) protected international treaties of the Russian Federation.
In the article changes in town planning, land and ecological legislation for realization of the Spatial Development Strategy of the Russian Federation in terms of construction and modernization of the transport and other infrastructure facility are analysed in the social and political changed circumstances from the perspective of its impact on ensuring environmental safety. Rules of Federal Act of 31.07.2020 № 254‑ФЗ in the version of 01.05.2022 “About peculiarities of the regulation of individual relationships for realization of the priority projects focus on modernization and expansion of the infrastructure and on Amendments to Certain Legislative Acts of the Russian Federation” that imposing simplified procedure for construction and reconstruction of the transport and other infrastructure facility of federal, regional and local importance including possibility of implementation of the actions within the boundaries specially protected natural areas of regional and local importance and also Baikal natural area are considered. Reduction of ecological requirements during construction of the infrastructure facility is shown and environmental risks emerging during realization of the Federal Act is made an assessment.
The article discusses the issues of protection of Lake Baikal. Despite the fact that activities that have a negative impact on the unique ecological system of Lake Baikal are prohibited or restricted in this area, environmental problems are increasing every year. The author analyzes the legal foundations of strategic planning for the protection of Lake Baikal. The definition of strategic planning in relation to environmental protection of the Baikal natural territory is formulated. The features of the implementation of the federal project “Preservation of Lake Baikal” are analyzed. The conclusion is made about the need for more effective use of strategic planning as a measure of legal protection of Lake Baikal, as well as wider involvement of the public in the preparation and adjustment of strategic planning documents.
TRIBUNE FOR YOUNG SCIENTIST
The increasing every year amount of waste that has a negative impact on the environment poses a threat of violation of the human right to a favourable environment through the prism of ecological safety, which is an integral part of the national security of the Russian Federation. The present article contains an attempt to analyze the existing ecological and legal problems of ecological safety during production and consumption waste disposal, to outline the main ways of state policy improvement in this sphere. The author presents the analysis of normative-legal acts, regulating the relations in the sphere of ecological safety, the analysis of which allowed to define the problematic issues, which are not effectively regulated. Proposals on perfection of legal regulation in sphere of providing of ecological safety at the production and consumption wastes handling are proved.
In the article legal problems of ecological safety in the sphere of the protectionfrom negative impact of water are considered. On the base the comprehensive analysis of strategic plan documents in the field water relations and ecological safety, and also existing water and ecological legislation the author has shown the relevance of the protection from negative impact of water in Russia, the place of the protection from negative impact of water in the structure of ecological safety, the correlation of legislation on population and territoryprotection in emergencies and ecological, water, other natural resource legal rules in the sphere, problems of determine the criteria for categorizing types of negative impact of water are examined.
The author gives a legal assessment of current state of methods of the protectionfrom negative impact of the water legal regulation, allocation of power and liability for the development and the implementation of measures to prevent the negative impact of water, analyses recent water legislative changes. The authorconcludes what despite high significance and the complex institution of the protection from negative impact of water, a unified approach to conception of types of negative impact of water and the principle of comprehensiveness of the application of methods of protection from its is absent. Problems of ecological regulation of negative impact of water gaps in the law and the responsibility for the engineering protection remain relevant.
OFFICE BOOKSHELF
LAW IN HISTORICAL INTERPRETATION
POST SCRIPTUM
ISSN 2782-6163 (Online)