Corruption Risks in the Use and Protection of Water Bodies

Corruption in the sphere of the use and protection of water bodies in Russia aggravates environmental threats and undermines all legal regulations of water relations. It is quite often that street-level corruption transforms into business corruption in this sphere. The authors present a critical analysis of the legal regulation of water relations and court practice to identify corruption risks and manifestations. Using court practice and research results, they determine the «pressure points» of Russian water legislation regarding corruption risks and manifestations and present their suggestions on amending the drawbacks in current legislation to ensure the effective prevention and elimination of corruption in the use and protection of water bodies. Manifestations of corruption are supported by monopolies and legal nihilism. In this sphere, strict compliance with laws is, evidently, not enough to counteract corruption. It is necessary to develop water legislation and adjacent branches of law that reduce corruption risks and manifestations. The authors use methods of systemic analysis and modeling, as well as the universal scientific methods of induction, deduction, and abstraction. Their research touches upon such problems as corruption risks and manifestations at the contemporary stage of water legislation’s development; small water bodies and corruption; the agreement on the creation of artificial land plots within water bodies; groundwater resources and corruption risks; monopolies and corruption risks in water relations; public control in Russia in connection with corruption risks and manifestations. In conclusion the authors connect the goals and tasks of the progressive development of water law in the sphere of ensuring sustainable water use and counteracting corruption at the level of the Federation, its subjects, and municipalities.

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Use and protection of water bodies: corruption cases

E3S Web of Conferences ◽

10.1051/e3sconf/202020302016 ◽

2020 ◽

Vol 203 ◽

pp. 02016

Author(s):

D.O. Sivakov ◽

V.V. Sevalnev ◽

Y.V. Truntsevsky

Keyword(s):

Water Relations ◽

Underground Water ◽

Legal Regulation ◽

Water Bodies ◽

Present Stage ◽

Scientific Methods ◽

Small Water ◽

Systemic Analysis ◽

Judicial Practice ◽

Water Legislation

Corruption practicies that occure in the field of water bodies utilisation and protection in Russia increase ecological threats and undermine the system of legal regulation of relations on use and protection of the Water Fund. In the proposed article the authors conduct a critical analysis of the legal regulation for water relations (federal laws, regulatory legal acts, judicial practice) for the purpose of identifying the corruption risks and recorded corruption practicies in order to minimize and eliminate them. Basing on the judicial practice and scientific research results, the authors reveal several “painful points” of water legislation in Russia with respect to corruption risks and activities. The authors propose to fill the gaps in the existing law, which will effectively ensure the prevention and suppression of corruption in the utilization and protection of water bodies. The article applies methods of systemic analysis and modeling, and also uses universal scientific methods of induction and deduction, as well as abstraction. The thematic sections addressed by the study include: corruption risks and practicies at the present stage of the Water Act development; small water bodies and corrupt activities; Underground water objects and corruption risks; Monopoly and corruption risks in the field of water relations as well as Possibilities of public control in connection with corruption risks and practicies in Russia.

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REVIEW OF THE MONOGRAPH “RUSSIAN WATER LAW: DEBATABLE PROBLEMS AND THEIR SOLUTIONS”. D. O. SIVAKOV. MOSCOW, 2015. 548 p.

Journal of Foreign Legislation and Comparative Law ◽

10.12737/18204 ◽

2016 ◽

Vol 2 (1) ◽

pp. 0-0

Author(s):

Владислав Авхадеев ◽

Vladislav Avkhadeev

Keyword(s):

Water Relations ◽

Current Trend ◽

Scientific Research ◽

Legal Regulation ◽

Legal Aspects ◽

Water Bodies ◽

Water Law ◽

Controversial Issues ◽

Water Legislation ◽

Right Of Property

The monograph is devoted to the most actual problems of modern water law. D. O. Sivakov, guided by a very significant scientific and practical materials, analyzed the controversial issues of legal regulation of water relations, which until recent time have not been studied sufficiently. The author made a comparative analysis of the Russian and foreign experience of legal regulation of water relations. In the presented monograph were found existing in the current trend of development of water legislation. The author also analyzed the legal aspects of water management. Consistently analyzed the legal regime of use and protection of water bodies. Separately analyzed the characteristics of the different legal entities of water relations. In addition, D. O. Sivakov studied right of property and other rights to water bodies. Scientific research conducted by the author, performed at a high theoretical and practical level, and accordingly, can be implemented both in sphere of scientific research and in practice.

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PROBLEMS OF LEGAL REGULATION OF LAND-PROPERTY RELATIONS IN THE BOUNDARIES OF ZOUIT WATER BODIES

Interexpo GEO-Siberia ◽

10.33764/2618-981x-2021-3-2-71-78 ◽

2021 ◽

Vol 3 (2) ◽

pp. 71-78

Author(s):

Alexey V. Dubrovsky ◽

Elena А. Skorinskaya

Keyword(s):

Water Body ◽

Legal Regulation ◽

Regulatory Framework ◽

Water Bodies ◽

Property Relations ◽

Land Owners ◽

Water Legislation

The article discusses the problems that arise for land users on land plots located within the boundaries of zones with special conditions for the use of the territory of water bodies. Examples of violations of land and water legislation by land owners are given. The technological sequence of actions to determine and coordinate the boundaries of zones with special conditions for the use of the territory of water bodies is shown. The necessity of mandatory establishment of flood zones to ensure safety and inform the population living near the water body is substantiated. The regulatory framework for the implementation of works on the installation of zones with special conditions for the use of the territory of water bodies is considered.

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Ecological and Legal Problems of the Formation and Functioning of Water Protection Zones

Actual Problems of Russian Law ◽

10.17803/10.17803/1994-1471.2021.124.3.177-184 ◽

2021 ◽

Vol 16 (3) ◽

pp. 177-184

Author(s):

A. M. Tsaplina

Keyword(s):

Ecosystem Approach ◽

Legal Regulation ◽

Water Bodies ◽

Nature Management ◽

Coastal Protection ◽

Water Protection ◽

Legal Regime ◽

Protection Zones ◽

Water Legislation ◽

Ecological Culture

The paper reveals the content of "protection of water bodies" concept, giving particular attention to the consideration of the legal regime of water protection zones and coastal protection zones as one of the legal mechanisms for the protection of water bodies from pollution, clogging, siltation. The author analyses of the peculiarities of the legal regime of water protection zones of the Soviet and current Russian legislation. Based on the current legislation and current judicial practice, the author considers the characteristics of the legal regime of the above mentioned zones and some problems of compliance with the regime (for example, violation of the legal regime of the water protection zone due to the absence of information signs on the ground), which one has to face in practice. In this regard, the author gives special attention to the need to inform nature users and increase their level of ecological culture. The author concludes that there is some inconsistency of the current water legislation in the context of the legal regime of water protection zones and coastal protection zones with the ecosystem approach in nature management. The formally envisaged legal regulation creates only the appearance of effective mechanisms for water protection.

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Proposals on Improvement of Currently Active Methodical and Practical Approaches in the Sphere of Water Relations

Water sector of Russia: problems, technologies, management - Методы оценки и механизмы регулирования водопользования в современных условиях ◽

10.35567/1999-4508-2018-5-4 ◽

2018 ◽

Author(s):

Keyword(s):

River Basin ◽

Water Relations ◽

Water Body ◽

Water Bodies ◽

Water Abstraction ◽

Selenga River Basin ◽

Selenga River ◽

Water Users ◽

Water Legislation ◽

Current Water

The paper analyzes the current norms of the Russian Federation related to assessment of requirements to the water bodies’ use. With implementation of the preset methodical approaches to the Selenga River as a study case, we have considered the issues of enforcement and formulated the procedure of the water/economic factors accounting as a component of comprehensive accounting of impacts of the planned hydraulic facilities in the river basin on the territory of Mongolia. This approach involves comparison of the water use prescribed and actual parameters in respect of a single territory, detailing of the set annual volumes by months and territories necessary to assess adequately all environmental factors, as well as determination of the minimal requirements of water users and maximal admissible volumes of their satisfaction in respect of ecosystem parameters of the water body under study. Peculiarities and drawbacks of the adopted norms in the sphere of water relations have been revealed, this has allowed us to formulate proposals concerning improvement of the currently active norms and regulations, as well as coordinated decisions of the authorized Federal bodies. We propose to assess the current preset norms on the basis of inter-related analysis of the maximal permissible impact norms, limits of the water resources abstraction, actual consumption (according to the Rosgidromet data) and actual volumes of consumed water according to data of statistical observation. Application of the proposed approach to the Selenga River basin has enabled to conclude that the regulations concerning irrevocable water abstraction by months of low water content demand more detailed elaboration. These conclusions and proposals can be used for upgrading of methodical and practical approaches to water relations irrespective of planning of extreme changes of the water body hydrological characteristics. Implementation of the above proposals will enable to assess coordination and correctness of the approved indicators with the further aim to amend the norms of permissible impacts upon water bodies as this is stipulated by the current water legislation.

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