scholarly journals On Typical Violations of Legislation in the Field of Use and Protection of Specially Protected Natural Areas

2021 ◽  
Vol 16 (5) ◽  
pp. 205-213
Author(s):  
S. V. Berdinskikh

Given the provisions of the theory of law, the author provides her own classification and systematization of typical violations in the field of use and protection of specially protected natural areas. A classification of violations by the form of behavior, form of guilt, behavior of subjects in the legal sphere, type of responsibility, subjects, consequences, subject of legal regulation is proposed. For the rational use of the potential of the prosecutor’s office, it possible to systematize typical violations according to the principle of exclusivity of the judicial procedure for protecting public interest as the only possible response. Typical violations require special attention of the prosecutor’s office, predetermine the ways to protect the violated or contested public interest, including in court, and the measures of the prosecutor’s response should correlate with them. The proposed classification and systematization of typical violations according to the criterion of the subject of legal regulation and according to the principle of the exclusivity of the judicial order of protection will serve as the basis for improving the organization of activities (supervisory and non-supervising) of the prosecutor to protect public interests in the use and protection of specially protected natural areas, and the development of methods for this activity.

2021 ◽  
Vol 7 (4) ◽  
pp. 79-86
Author(s):  
Svetlana V. Berdinskikh

The prosecutor's judicial protection of public interests in the use and protection of specially protected natural areas is a cross-functional, complex, non-inspection area of the prosecutorial activity. The conceptual apparatus of activity is currently not fully formed. The key concept is the subject of activity, the correct understanding of which depends on the correct setting of goals, tasks, and the effective implementation of the powers granted to the prosecutor. The author, on the basis of the established approaches to understanding the subject matter of prosecutorial activity, the concept of a single and general subject matter of activity, and the objectives of the proceedings, formulated a single subject matter of the prosecutor's activity for the judicial protection of public interests in the use and protection of specially protected natural areas. It includes the protection of public interest regarding the use and protection of specially protected natural areas, compliance with the laws of acts (omissions) and decisions of persons, including persons involved in the case, the legality and validity of court decisions in order to actually eliminate the revealed violations of law on specially protected natural areas, compensation for harm, and ensuring the inevitability of punishment of violators. In addition, the general subject of the prosecutor's activities to protect public interests in the use and protection of specially protected natural areas in general consists of the subject of prosecutorial supervision over the implementation of the Constitution and laws of the Russian Federation, including laws concerning specially protected natural areas, the subject of prosecutor's supervision at the pre-trial stage of criminal proceedings, the subject matter of participation in the consideration by the courts of cases in all types of proceedings for the protection of public interests in the use and protection of protected persons, the subject of supervision of the enforcement of laws by bailiffs by administrations of institutions and bodies, enforcing punishment, in the execution of court decisions in cases of violations in the field of the use and protection of protected persons, the subject of coordination, and subjects of participation in law-making activities.


2021 ◽  
Vol 7 (1) ◽  
pp. 102-108
Author(s):  
N. N. Tkacheva

In this article, the author examines the guarantees of protection of rights and interests in claim proceedings, to understand the basis of the division of such guarantees into types, the author turns to the theory of law. Using a doctrinal approach, the article examines the classification of guarantees depending on the method of fixing, on their content, the method of ensuring and the form of implementation. Special attention is paid to the issue: what is a criterion of the division of safeguards for the species. Highlighting the subject of legal regulation as a criterion for dividing branches of law, guarantees are classified into constitutional and sectoral guarantees. There are other types of guarantees, depending on the methods of protection of violated or disputed rights - material and procedural guarantees. Attention is drawn to the fact that the study of procedural guarantees for the protection of the rights of citizens and organizations is of particular interest in the science of civil procedure law. Using the method of scientific research, the paper studies the classifications of procedural guarantees proposed by process scientists. Analyzing the content of the right to judicial protection, the author's classification of the guarantee of protection of rights and interests in the claim proceedings is proposed at the end of the article.


2019 ◽  
Vol 943 (1) ◽  
pp. 13-23
Author(s):  
N.A. Alekseenko

In protected areas of Russia unique spatial-coordinated data on their territories on certain positions and methods is collected by local and other scientists. The data is stored in various formats (sometimes physically lost), very rarely in the form of maps, some of them in the annual reports are transferred to the MNR. Systematically arranged collecting, storage, analysis and transfer of these data could be significantly enhanced and optimized


2018 ◽  
Vol 930 (12) ◽  
pp. 9-20 ◽  
Author(s):  
A.D. Abalakov ◽  
N.B. Basarova

The ecological structure of the mining industry of the Baikal region is considered and the situation of specially protected natural areas of federal importance is determined there


Author(s):  
Александр ДОРОФЕЕВ ◽  
Alexander DOROFEEV ◽  
Лидия БОГДАНОВА ◽  
Lidiy BOGDANOVA ◽  
Елена ХОХЛОВА ◽  
...  

The concept of “ecological tourism” both in the world and in Russia has appeared in the second half of the twentieth century, although people traveled with natural-focused purposes, including around the protected areas, much earlier. The article presents several definitions of ecotourism, including the two given by the authors. The authors note that ecotourism can be developed in two ways: as a journey on any remaining natural areas or as tour, excursion exclusively within specially protected natural areas (SPNA). The second option is successfully developed in many Englishspeaking countries. The article confirms this fact using the original modern data on the dynamics of visits to the most famous national parks in the USA. Based on the analysis of literature and Internet sources it is concluded that the governance of the Russian Federation considers it necessary to develop eco-tourism in our country according to the second “North American” concept. In this case, the people attending the state protected areas – national parks and reserves with educational and recreational goals should be considered as eco-tourists. Based on this assumption the authors of the article give modern official data concerning the number of specially protected areas of different types in Russia as main destinations of ecotourism. The article presents the diagrams showing the quantitative characteristics of the infrastructure for ecotourists in specially protected areas: visitor centers, museums, ecological paths and routes. The dynamics of tourist arrivals in the reserves and national parks of Russia for the period 2001-2016 years is analyzed. In the final part of the article the main problems of eco-tourists recording are identified.


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