scholarly journals CATEGORY OF “ECOLOGICAL LOSSES” IN ENVIRONMENTAL AND LEGAL REALITY AND ITS IMPORTANCE FOR ENSURING RATIONAL NATURAL RESOURCES MANAGEMENT

Lex Russica ◽  
2020 ◽  
pp. 41-55
Author(s):  
E. V. Luneva

The paper has demonstrated that term “environmental losses” not existing in the legislation is often applied in the theory of environmental law and in law enforcement. In doctrinal sources, legal stances of higher courts, specific court decisions, “environmental losses” are used in a narrow sense. Environmental losses are associated solely with unlawful actions causing or allegedly causing harm to the environment. The paper contains the author’s definition of “environmental losses” in a broader ecological and legal contexts. The author suggests that environmental losses mean irrecoverable or long-term recoverable losses of individual components of the natural environment, natural and natural-anthropogenic objects, as well as violation of direct and reverse links between the elements of an ecological system emerging as the result of both unlawful and lawful actions of natural users or events of natural origin. A broader understanding of “environmental losses” is relevant to the environmental legal regulation of legal liability or economic regulation in the field of environmental protection. Environmental losses are classified according to the nature of the loss of a natural resource potential (absolute and relative) depending on renewability of natural resources (arising from the use of non-renewable natural resources, the long-term restoration of renewable natural resources, and the depletion of renewable natural resources). The paper has proven the importance of differentiation of environmental losses to separate rational nature management from other types of nature management and its effective legal support.

2020 ◽  
Vol 157 ◽  
pp. 03005
Author(s):  
Anna Ermakova ◽  
Ludmila Oznobihina ◽  
Tatiana Avilova

The article is devoted to the analysis of the current state of nature management in Mongolia. The natural resource potential of Mongolia, which includes mineral, land, water, biological and recreational resources, is shown. Administrative and legal mechanisms for managing natural resources in Mongolia and Russia are analyzed. Similar management methods of the two countries and distinctive aspects are revealed. For a more detailed consideration of the nature management features of Mongolia, the SWOT analysis method was used to identify strengths, weaknesses, opportunities and threats. Establishing chains of links between them can be useful in the future for formulating a country’s strategy for the use of natural resources.


2021 ◽  
Vol 280 ◽  
pp. 09021
Author(s):  
Volodymyr Yermolenko ◽  
Olena Hafurova ◽  
Maryna Deineha ◽  
Tamara Novak ◽  
Julia Sinitsky ◽  
...  

The article is devoted to the analysis of legal framework and theoretical provisions of the landscape approach to the formation of the system of ecologically balanced use of natural resources, the definition of its essence and content, highlighting of conditions and principles of its functioning. Proposals for elimination of legal problems in the field of development and realization of the concept of ecologically balanced use of natural resources are covered. It is determined that the legal formulation of landscape approach principle to the use of natural resources will ensure unity, integrity, comprehensiveness of nature management, coherence and balance of interests in this area, implementation of ideas for the formation of system of environmentally sustainable use of natural resources and sustainable development concept, and the adoption of relevant regulations will solve our state’s urgent task on the path to further European integration.


2021 ◽  
Vol 8 (10) ◽  
pp. 497-510
Author(s):  
Danny Priabudi ◽  
Laily Washliati ◽  
Idham .

Indonesia is a country rich in resources, especially natural resources, but population growth is not proportional to the availability of natural resources. Malthus predicts that population progress to increase in quantity is greater than the ability of natural resources to provide human food needs. The environment cannot support an infinite amount of life if the earth is no longer able to support the explosion in the number of humans and their activities. Indonesia is a country known as a maritime country, which means it is mostly water and consists of islands. Sea transportation is very important to connect the islands scattered throughout Indonesia. The development of environmental law is urgently needed which cannot be separated from the world movement to give greater attention to the environment. In marine pursuits, such as fishing, excessive fish species using trawlers can lead to extinction. Pollution of the marine environment is a threat to human life, animals, and plants. Increased use of the sea can have a direct impact on the marine environment and the biota in it. The Environment Agency is one of the institutions that play a role in handling the impact of marine environmental pollution in the region. The purpose of this research is to find out the Legal Regulation of Marine Pollution by Tanker Ships in the Riau Archipelago Waters. The aim is to find out what factors are being carried out in handling marine pollution by tankers in the waters, especially in the Riau Islands Environmental Service. It is hoped that this will lead to a better understanding of the environmental impact of marine pollution in the region. The Riau Islands Environment Agency is responsible for compensation for losses caused by pollution of the marine environment by persons or legal entities within its jurisdiction. Each country must cooperate in implementing international law which regulates the responsibility and obligation to compensate for losses due to pollution. The International Maritime Organization is a leading organization in producing various regulations on marine pollution, especially those caused by oil. Keywords: Marine Pollution, Tanker Ships, Riau Islands.


Author(s):  
Lyudmyla Dobroboh

The article deals with theoretical study of the selection of specific features of legal relations of complex lawbranches on the example of environmental law. Today, the subject of legal regulation in this area is public relations for environmental protection and rational use of natural resources in order to ensure the quality of the environment in the interests of present and future generations.


10.12737/1143 ◽  
2013 ◽  
Vol 1 (11) ◽  
pp. 27-35 ◽  
Author(s):  
Алексей Анисимов ◽  
Aleksey Anisimov ◽  
Николай Мельников ◽  
Nikolay Melnikov

Legal designs "purpose" and "allowed use" are present at all branches of the nature-resource right and reflect objectively existing requirement of establishment of the general and special legal regimes of natural resources. The general legal regime of lands is defined by means of division of land fund into categories. The special legal regime assumes establishment of features of use and protection of the land plots of this or that category of lands within additional legal regulation by means of institute of zoning of territories and institute of allowed use of the land plots. Definition of types of allowed use of the land plots can be considered as specifying in relation to a categorization and zoning a way of management and definition of a legal regime of lands and other natural resources. The similar principle takes place and in other nature-resource branches of the right where it is formulated legislatively.


Author(s):  
Adam Bodayuk

The purpose is to develop and apply the concepts of needs in natural resources: review of prehistoric natural conditions of geochemical processes in geospheres, in particular in the earth's crust, analysis of the formation of natural origin, and later for economic use of resource production facilities. The research methodology – application of the resource approach to the definition of concepts, abstract, system-structural and comparative analysis. Scientific novelty. The mechanism of management of nature management processes is revealed. Installed the need for natural resources, in particular the minerals that are needed to consider as the first stage of management of processes of nature and subsoil use. Applied innovations taking into account the factor of ownership of natural resources are indicated. Mineral needs are classified according to various characteristics, which together determines the multifactorial development of mining. It is noted that mineral deposits are not yet a measured resource for geological exploration, estimation of volumes and structure of mineral extraction, their use as raw materials or goods for the development of various industries of Ukraine. It is indicated that the structure and properties of minerals mineral deposits are characterized by different resource and quality composition, therefore, in Ukraine there is a need for further geological and cost estimates of the mineral resource base to provide recommendations for its use for the creation and development of quality metallurgy. Conclusions. The results of the study will contribute to the further formation of theoretical positions on natural resource assessments of minerals and their deposits, the needs for their exploration and operation. Key words: management, needs, resources, minerals, nature management, subsoil use.


2016 ◽  
Vol 4 (5) ◽  
pp. 0-0
Author(s):  
Елена Болтанова ◽  
Elena Boltanova

The term ecologization (“greening”) is becoming increasingly common for scientific studies and legal acts. The present article is devoted to the ecologization problem of one sector of the Russian economy. This study is aimed at formulation of theoretical statements on the construction industry ecologization, analysis of the current legislation with regard to ensuring this process, as well as at identification of the existing defects of legal regulation of corresponding relations. The study shows the importance of greening for the country´s economy, the author proposes to define greening as a complex of diverse measures, united by a single purpose. As one of the ways to ensure the greening in the construction industry the author proposes a conceptual approach to the land development as a specific type of management, as an activity that has an integrated impact on the environment and determines a long-term prospective use of the relevant territory. Based on the analysis of the current legislation on natural resources, the author suggests some changes in the forest, water, town planning legislation and legislation on subsoil.


2021 ◽  
Vol 77 (4) ◽  
pp. 101-109
Author(s):  
Oleksandra Rozhenko ◽  

The article examines the definition of the term "foreign economic activity", analyses the definitions of foreign economic activity as well as legislation and theory formed in connection with the emergence, as well as the history of this term. Based on the results of the analysis of the definition of the term "foreign economic activity", its advantages and fragmentation and incompleteness are formulated in separate definitions, the need to highlight its complexity and multi-segment is emphasized, which are the objects, criteria and analytical features of economic management at micro level and legal regulation at macro level in this area. The article revealed the composition of the elements of the system of legal regulation of foreign economic activity, which includes: types of foreign economic activity, methods of foreign economic regulation, tools to influence foreign economic activity, subjects of foreign economic activity in Ukraine. The non-exclusive importance of legal regulation of foreign economic activity of economic entities in the field of grain growing is substantiated, namely the strategic importance of grain in the process of ensuring economic security of the country, including food, the priority of the grain market, which is enshrined in law. Based on the analysis of the system of legal regulation of foreign economic activity, a systematic approach to the interpretation of the category "legal regulation of foreign economic activity in the field of grain growing" is proposed. Improvement and specification of the specific category in the field of grain growing will create the necessary conditions for increasing the efficiency of using the existing potential at macro and micro levels. The proposals were made to improve the current legislation by eliminating the identified shortcomings in the definition of the term category in the interpretation of the concept of "foreign economic activity", what will promote the development of the system of legal regulation of foreign economic activity in the field and achieving the goals of sustainable development of Ukraine in accordance with the National Report of the Ministry of Economic Development and Trade of Ukraine (2017), in particular, the legal regulation of investment insurance.


2020 ◽  
pp. 84-91
Author(s):  
Anatoliy Sunduk ◽  
Liudmyla Shashula ◽  
Tetyana Sunduk

The article deals with the financial characteristics of the use of land resources. It researches the formation of the mechanism of financial and economic regulation of nature management and economic development of nature-resource potential according to the latest approach, which involves the transition from the consideration of nature use as a “sphere of interests of natural resources” to the wide integration of the industry into the area of market processes. It allows the active use of the potential of systemic effects and the whole range of regulatory instruments to achieve the complex effect of the reproduction of territories in terms of the use of financial and economic methods of nature management. For the analysis, the entire range of financial characteristics (rental indicators) is divided into direct rental indicators and secondary characteristics that enable us to determine the relationship between the rent and the current development indicators. Direct rent indicators can include real rent (both payments for special use of natural resources) and potential one (at the rate of discount). The system of secondary characteristics generates an indicator of financial balance. Research has shown that rent payments as an instrument of regulation play an important role in the system of nature management. However, rental fees are still not an effective economic mechanism that can form a real impact on the functioning of the complex. The significant potential (the vast majority of regions is characterized by the possibility of increasing rent payments) determines the need for a transformation of the general principles of the rent policy realization in the field of land resources, which would be guided by the best European practices. It is necessary to increase the correlation between the rent flows and financial indicators of the industry. It is advisable to develop a methodology and approaches to take into account the relationship between these characteristics.


Author(s):  
Valentyna Kolmakova

The theoretical and methodological principles of ecosystem definition of losses of natural resource potential as a result of ineffective management are researched. The main institutional preconditions for estimation of the caused and prevented losses from environmental pollution are considered in the light of international experience. The scientific recommendations on institutionalization of ecosystem definition of losses of natural resource potential (on the example of water resources) are substantiated.


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