A WORD TO THE READERS
KUTAFIN UNIVERSITY CHRONICLE
VECTOR OF LEGAL SCIENCE Legal regulation of adaptation to climate change
The article is devoted to the analysis and evaluation of the prospects for the formation and development of the legislation of the Russian Federation in the field of creation and operation of carbon landfills and carbon farms. According to the results of the study of regulatory legal acts and methodological documents in the field under consideration, legal problems have been identified that could potentially affect the provision of the strategic goal set in the documents of state strategic planning to achieve carbon neutrality of the Russian Federation by 2050.
The conclusion is proved, according to which completely different areas of the natural environment are provided and currently used for the implementation of a pilot project for the creation of carbon polygons, while the current environmental legislation does not establish the specifics of the use and protection of natural resources and objects during the creation and operation of carbon polygons. At the same time, the legal regime for the use and protection of natural resources within the boundaries of the carbon landfill has not yet been created, nor has a unified legal model for the use of carbon polygons been formed.
Based on the results of the study, the main directions for improving the current legislation on environmental and legal support for the creation and functioning of carbon polygons are proposed. Also, based on the results of the study, the conclusion is substantiated that there is a need for a separate comprehensive intersectoral regulatory legal regulation of the creation and operation of carbon farms created on the basis of existing carbon landfills, including regulation of the procedure for the creation, production and subsequent circulation of carbon units, the creation of a carbon unit trading market, a system for monitoring the circulation of carbon units, etc.
VECTOR OF LEGAL SCIENCE Theoretical aspects of environmental law
The UN Sustainable Development Goals until 2030 are aimed at solving global problems, including poverty and hunger, disease, unsanitary conditions, environmental pollution, consumer attitudes towards natural resources. Their solution is seen in the sustainable development of mankind. The basis of sustainable development is the responsible consumption of all sides of the greening process: states, business structures, society. The environmental agenda for the 21st century forms the trend of corporate governance based on the principles of ESG. However, a certain part of manufacturers, under the guise of a “green” mission, produce products that do not meet environmental requirements. In recent years, more and more people talk about greenwashing. Despite the fact that states are taking certain measures to counter greenwashing, its share is only increasing. The problem of greenwashing is multifaceted and includes unfair competition, violation of consumer rights, discredit of corporate social responsibility, restriction of intellectual property, underdevelopment of the market for environmentally friendly and organic products. If in foreign countries the problem of greenwashing has been discussed for several decades, in the Russian Federation attention has been paid to this problem only in recent years. The imperfection of legal regulation contributes to the development of greenwashing. The purpose of this article is to analyze the legislative requirements for manufactured products (using the example of agricultural and food products) and the processes of their production, processing, storage and sale, measures to counter greenwashing, identify legal gaps and formulate possible legislative proposals aimed at solving greenwashing problems. The experience of combating greenwashing in the countries — Russia’s strategic partners has been studied. Proposals have been formulated to improve the legal mechanism for counteracting greenwashing.
Currently, the system of indicators of environmental protection, nature management and environmental safety is so extensive and cumbersome that it does not allow to promptly and reliably assess the effectiveness of both decisions taken and economic and legal mechanisms. The authors show that the quality of environmental safety indicators creates the basis for the quality of management, for the formation of goals and objectives, for the creation of control and monitoring systems. At the same time, the system of environmental safety indicators is currently indistinguishable in practical terms from environmental protection indicators.
This cannot be considered correct. According to the authors, there should be a separate and special area of environmental lawmaking, which is designed to create a basis for indicators of ““environmental quality”” as the basis of safety and thereby determine the ““quality of environmental policy””. It seems advisable to develop a unified methodology for evaluating the effectiveness of the implementation of these documents, which is largely due to the lack of a system of environmental indicators and standards of the ““strategic”” plan, which dramatically reduces the effectiveness of the impact of these plans and programs on the state of both the economy, management, and environmental safety.
The importance of atmospheric air cannot be overestimated. Meanwhile, in most large cities, the state of atmospheric air does not meet the requirements of the legislation on the content of harmful substances. The article is devoted to the analysis of legislation on the protection of atmospheric air. It is necessary to determine the place of legislation on the protection of atmospheric air in the system of Russian law. The legal protection of outdoor air is distinguished by features that need to be reflected in legislation. There is currently little new research on this topic. Traditionally, legislation in the field of atmospheric air protection is included in the natural resource law. An attempt was made to justify the inclusion of atmospheric law in the composition of environmental law. In science, the question of the name of the legislation of the Russian Federation in the field of atmospheric air protection is debatable. The article contains suggestions on this issue.
VECTOR OF LEGAL SCIENCE Theoretical aspects of natural resource law
The article is devoted to the substantiation of the addition of natural resource law with the “Floral Law” branch. According to the author, not all flora has received proper legal foundation. As a basis for the definition of the plant world, it is proposed to use its classification according to two criteria: first, the territorial-target attribute of the lands on which plants grow; secondly, the sign of the usefulness-harmfulness of the plants themselves for the environment and humans. The legal of the last classification is superimposed on the first classification. The first classification allows us to consider floristic law in the widest possible way, including almost all types of flora. These relations are considered by various branches of law. In a narrow view, floristic law includes only landscaped urban areas located on the territory of settlements. These relations are currently regulated by regional legislation. This does not exclude the formation of an expanded understanding of floristic law, which, in particular, takes place in the Republic of Crimea. Basing on the analysis of the Russian legislation and laws on the flora of neighboring CIS states, the author comes to the conclusion that it is necessary to create the Federal Law “On the Flora of Russia” for setting the elements of both broad and narrow understanding of the scope of flora objects belonging to the floristic law: principles and tasks of floristic law (In the broadest sense), as well as establishing the competence of the regions, the scope of floristic law in a narrow (or extended) interpretation.
The article provides a detailed analyses of the amendment to Article 102 of the Land Code of the RF introduced by the Federal Law dated 11.6.2021 No. 163-FZ. It is concluded that exclusion from the article of a provision that earlier prohibited creation of land plots on water-covered lands would cause uncertainty in correlation between land use and water use law in cases connected with allocating of water objects, including allocating of lands covered by waters into use. Another amendment that envisages that water covered lands entirely located within lands of other categories shall be excluded from the category — water covered lands, requires to review the institute of federal ownership of water covered lands and to add clarifications to land law concerning admissibility of general civil transactions rules to lands with water objects within other land categories, including land leasing rules without involving water law. As summarized, the author states that a new concept on separation of juridically indivisible water and water covered lands is being introduced into land and water law. To prevent legal uncertainties in law implementation and compliance it would be needed to harmonize respective provisions of land and water legislation.
The article proposes to consider the problems of ensuring the rational use and protection of the most important, according to the author, category of land in the Russian land fund — agricultural land. These lands play a decisive role in solving the issues of providing the country’s population with food, in achieving food security goals in modern conditions of imposing sanctions on Russia by unfriendly countries. The author notes the existence of certain legal instruments aimed at achieving this goal — the relevant sources of Russian law, the activities of certain state authorities, including those specially authorized to exercise state control (supervision) in the sphere of relations under consideration, the state mechanism for identifying, suppressing, punishing persons who have committed land offenses that have led to the deterioration of agricultural land and soils, moreover, which made it impossible to use such lands for their intended purpose. In the article, the author provides data characterizing the state with the use of such lands, identifies the main negative factors contributing to the creation of such a situation. As a result of some analysis of the current situation with ensuring the proper use and protection of lands of this category, the author formulates his proposals for improving the existing mechanism aimed at achieving the goals of ensuring food security in Russia.
In the article the legal regime of coastal territories — territories adjacent to water bodies, the use of which directly affects the state of water bodies and / or is associated with the use of the water bodies themselves is analysed. The public importance of coastal territories is shown, the factors that determine the content of the legal regime of lands and land plots in coastal territories are highlighted. The features of zoning of coastal territories depending on the goals and objectives of the legal regulation of relations connected with various types of water use and ensuring public interests are considered. The cross-cutting nature of the legal regulation of the use and protection of lands and land plots in the coastal territories is shown, the actual problems of establishing and implementing their legal regime are identified. Particular attention is paid to the legal regime of the foreshore, as well as changes in the sanitary and epidemiological legislation in terms of legal protection of water bodies that are sources of drinking water supply.
Trends in water, transport, environmental, sanitary-epidemiological and other related branches of legislation that establish requirements for the use of coastal territories are analyzed. Based on the analysis of the current legislation and materials of judicial practice, conclusions about the need to improve the legal regulation of the use and protection of coastal territories by specification of the existing legal mechanisms and harmonizing water and related legislation were drawn.
The collapse of the Soviet Union marked the termination of the rigid distribution system of subsurface user quotas, based on the planned indicators of mineral extraction provided by the command economy. Since the beginning of the 1990s, active involvement of foreign companies in the field of subsoil use has begun in our country. The purpose of this process was to use foreign investments, specialists and equipment to develop a profitable and in-demand industry. However, joint ventures and projects of that time, unfortunately, often harmed the national interests of the Russian Federation. In the early 2000s, the active improvement of Russian legislation in the field of subsoil use, land relations and environmental safety began. This was due to both issues of Russia’s economic security and the need to respond to unfriendly policies from a number of Western states.
The special military operation on 02/24/2022 and the subsequent sanctions by many world states against the Russian Federation forced the domestic legislator to radically change the approach to granting the right to use mineral resources in Russia. As part of counter-sanctions and actions to protect the Russian economy, foreign companies’ access to the Russian subsoil was actually closed. In addition, all foreign companies were obliged to re-register in accordance with Russian legislation or leave the Russian market, abandoning their assets in favor of domestic companies. In such a situation, a thorough analysis and assessment of the legality of the actions of the Russian authorities is necessary, which many Western countries have already hastened to call nothing else than the nationalization of foreign assets.
VECTOR OF LEGAL SCIENCE Legal protection of wildlife (
In Russia, throughout the entire historical path of development, normative legal acts have been developed and adopted regulating the use and protection of the entire animal world, not limited to wild representatives in a state of natural freedom. At the same time, the theoretical foundations of faunal law have not actually been studied by legal science. Despite a significant amount of research involving either animals in a wild state, or calling for humane treatment of animals.
The legal regulation of the use and protection of wild animals in pre-revolutionary Russia was considered from the perspective of civil law and police law. In the 70s of the XX century, Soviet jurists investigated the legal nature of wild animals and determined the place of protection of wild fauna in the system of branches of law.
In the modern historical period, the need for a comprehensive and comprehensive study of the theoretical foundations of faunal law, including the legal regimes of both wild and non-wild animals, acquires historical and strategic significance. Most modern researchers directly identify wild animals with the subject of faunal law. Of course, wild animals are included in the subject of faunal law, as well as domestic, agricultural and other animals inhabiting the Russian Federation and the planet Earth.
VECTOR OF LEGAL SCIENCE Legal regulation of production and consumption waste management
The article examines the problems of the formation of the industry for the management of production and consumption waste. The issues in the field of production and operation of mobile mini-plants for waste disposal are considered. It is revealed that the lack of legal norms regulating the creation and operation of mobile installations hinders the technological development of the industry.
It is shown that urban and rural settlements located at a considerable distance from regional centers (near which stationary garbage-processing complexes are being built or functioning) are not covered by regional operators, since the movement of waste becomes unprofitable and financially costly project. Considering that economic activity in the modern world must meet all the requirements and norms of environmental safety, and the creation of a modern branch of the economy must meet the needs of the development of our society. It is recommended to develop together with the interested federal executive authorities a legal document regulating the production and operation of mini-factories and publish it at the level of the Government of the Russian Federation.
The article proposes an analysis of legislation in terms of ensuring environmental safety and sanitary and epidemiological welfare of the population, biological safety. There is a different approach in the legal regulation of safety until 2019, the year of the adoption of the new Fundamentals of State Policy in the field of ensuring chemical and biological safety, and after. Among the considered aspects of the legal support of biological safety in the constituent entities of the Russian Federation, the features of the legal regulation of empowering local governments with the authority to maintain animal burial grounds, biothermal pits owned by the constituent entity of the Russian Federation are highlighted. The problem of the lack of a unified approach in regulating security on the territory of a constituent entity of the Russian Federation in terms of identifying ownerless cattle burial grounds, including anthrax and eliminating unused cattle burial grounds, is highlighted. In the state information system in the field of veterinary medicine, there is no information about the economic activities of participants in the circulation of biological waste that collect and process it, this does not allow a comprehensive approach to the issue of regulating the biological waste management system, the author shows the need to amend the legislation on veterinary medicine and biological safety.
One of the trends of modern state policy is the formation of a comprehensive system of solid municipal waste management aimed at reducing the negative impact on the environment, public health, and ensuring environmental safety. This direction is being implemented as part of the reform of the sphere of waste management of production and consumption, which is carried out on the basis of strategic planning documents. The complexity of the problems of such waste requires the use of scientifically-based conceptual approaches and methodology in the process of strategizing, ensuring the inclusion in the management process of all stages of waste management (collection, accumulation, transportation, processing, disposal, neutralization, disposal), as well as levels of adoption and implementation of management decisions (federal, regional and municipal).
The article substantiates the need to apply an ecosystem approach to these relations, the concept of sustainable development, shows the importance of using system-structural and structural-functional methods that allow taking into account the specifics of this area, as well as to ensure consistency and balance of sectoral priorities, targets, objectives, indicators, means of achieving them with similar elements of strategic planning documents, developed in related fields. Proposals are formulated to improve the strategy in the field of consumer waste management, including MSW (on the development and adoption of an industry strategy, elimination of conceptual gaps, allocation of measures for the formation of consumer waste as a priority, creation of a system for their separate collection, organization of selective collection and disposal of types of consumer waste, etc.), aimed at improving efficiency management in this area.
EXPERT OPINION
TRIBUNE FOR YOUNG SCIENTIST
The article discusses issues related to the existing legal regulation of relations related to the use and protection of swamps. The physical and geographical features of marshes as natural objects affecting the peculiarities of their use and protection, their hydrological classification, the ecological significance of marshes for the sustainable functioning of aquatic and forest ecosystems are shown. Based on the analysis of the current legislation defining the procedure for the use and protection of wetlands, the ecological and legal problems of ensuring the protection of wetland ecosystems are highlighted. Using official statistical data on swamps and the lands on which they are located, the legal and environmental aspects of determining the legal status of a swamp as a natural complex, as part of wetlands and specially protected natural territories are considered. Conclusions are drawn about the need to differentiate wetlands as a negative phenomenon and the concept of a swamp, as well as the need to recognize a swamp as a complex ecosystem and develop legal regulation that would ensure proper protection of all its natural elements, based on the harmonization of environmental and natural resource legislation.
The article proposes an analysis of a scientific study on the protection of health and human interests related to the legal regulation of waste electrical and electronic equipment.
This article notes the influence of international integration processes in the system of relations for the protection of health and human interests related to the legal regulation of waste electrical and electronic equipment. A separate place is given to the problem of state regulation of waste electrical and electronic equipment in the Russian Federation.
The problems associated with this type of waste are relevant due to the fact that these wastes have an extremely harmful effect on the human reproductive and immune systems.
The relevance of this article is determined by the need to improve the legal regulation of environmental safety of Russia in Russia and Kazakhstan. The author proceeds from the fact that the ecological situation observed on the territory of the member countries of the Common Economic Space is assessed by leading ecologists as very difficult. At the same time, regardless of the political views of the states of the Eurasian region, their activities in the field of environmental safety require clear legal regulation. The author notes that during the existence of the Eurasian Economic Union, the issues of environmental protection, prevention of the negative impact of economic activity have not received proper regulation. Thus, the author believes that the concept of “environmental safety” should be considered as a system of political, legal, economic, organizational measures aimed at protecting the natural environment and humans from the negative impact of economic and other activities, natural and man-made emergencies. A comparative legal analysis of the regulation of environmental safety issues in the Republic of Kazakhstan and the Russian Federation has been carried out.
The article reveals some problems of legal regulation of the solid municipal waste management system and the elimination of accumulated environmental damage in terms of the elimination of unauthorized locations of solid municipal waste and landfills of solid municipal waste. The importance of the measures and rules adopted by the state to ensure the implementation of environmental protection projects to eliminate accumulated environmental damage, as well as to reduce the negative impact on the environment and human health, the importance of improving legislation in terms of ensuring access to environmental information in the field of education, processing, disposal and disposal of municipal solid waste is noted. Particular attention is paid to the need to establish transparency of the state environmental management aimed at implementing an Environmental Safety Strategy, one of the main issues of which is the creation of an integrated system for the management of solid municipal waste and the elimination of accumulated environmental damage.
The direct dependence of ensuring environmental safety and achieving the indicators of the national development goals of the country on the transparency of environmental information generated during the management of solid municipal waste and the elimination of unauthorized landfills of solid municipal waste has been established. The article also touches upon some issues of coordination of the activities of public authorities that ensure the formation of a sustainable system of solid municipal waste management, and the importance of environmental information in the framework of building interdepartmental cooperation in this direction.
PEN TEST
The article analyzes the issues of legal regulation of fire safety in forests. The main problems and indicators of the record number of forest fires in Russia are identified: imperfection of the regulatory and legal regulation of fire safety of forests; inconsistent system of state management of the forest complex; lack of an orderly model structure of specialized institutions in forests and fire extinguishing at the level of Russian subjects, taking into account the peculiarities of the regions; others. The article also reveals the positions of Russian scientists regarding the protection of state forest resources, etc. Responsibility for illegal actions that may lead to forest fires is being considered. The list of necessary components of a technical nature for fighting forest fires has been determined. Proposals have been made to level out the identified problems in order to reduce forest fires and preserve forest resources in our state.
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POST SCRIPTUM
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