scholarly journals IMPLEMENTATION PROBLEMS OF THE ENVIRONMENTAL LAW NORMS IN THE INDUSTRIAL REGIONS OF RUSSIA (THE CASE OF KUZBASS)

2017 ◽  
Vol 2017 (4) ◽  
pp. 77-87
Author(s):  
Тимур Невзоров ◽  
Timur Nevzorov ◽  
Дмитрий Манаков ◽  
Dmitriy Manakov
Keyword(s):  
Environmental Policy ◽  
Natural Resources ◽  
Coal Mining ◽  
Natural Environment ◽  
Economic Activity ◽  
Environmental Law ◽  
Legal Regulation ◽  
Environmental Damage ◽  
Ecological Situation ◽  
Legal Concept

<p>In the context of the Year of Ecology in Russia, much attention has been drawn to the significant extent to the implementation of the state environmental policy related to the problems of the country’s environmental development as a whole, as well as to ensuring environmental safety and conservation of biological diversity, both in the country and in the regions. The authors use official assessments of the environmental situation in the Kemerovoregion, which is characterized by a high level of anthropogenic impact on the natural environment, the social sphere, the public health and the significant environmental consequences of economic activity.<strong></strong></p><p>Therefore, the paper features the implementation of environmental law in an industrialized region. It analyses a number of violations caused by the economic activity in the region. First of all, they are related to the current growth rates of coal mining in Kuzbass, as well as with the predominance of open coal mining, which leads to intensive development of the poor ecological situation in the region.</p><p>The authors consider examples of legal regulation of relations caused by the formation of mechanisms for the application of environmental policy, in the process of exercising the competence of controlling and law enforcement bodies in their protection of mineral wealth, land, water, air and forest in the region.</p><p>The article also discusses the «non-exhaustive» use of natural resources as one of the strategic directions of state environmental policy: as a legal concept, as a legal principle, as an obligation of the authorities, and as the right and duty of rightholders (users) of natural resources.</p><p>The article ends with the following statement: in Russian version, the content of environmental policy is distributed among a number of legal acts, which is why it is often difficult to determine and complicated in application.</p><p>A possible solution for the ecological situation in the region should be based on the objectives of environmental policy, determined for different periods (long, medium and short-term). The joint efforts of economic entities and supervisory bodies should be aimed at a radical change in the fight against destruction and contamination with environmental wastes, contaminated wastewater, as well as the elimination of the accumulated environmental damage in general. Finally, there is a need to strengthen the planning in the implementation of environmental policy in order to achieve the volume of production and consumption of both mineral and biological resources of the region that would be adequate to the natural environment. These measures should be equally extended to the activities of industrial facilities and the population in all territories of the region.</p>

scholarly journals SUBMISSION OF ADMINISTRATIVE DECISIONS OF USING RECREATION AND TOURIST TERRITORY AND DEVELOPMENT OF ALTERNATIVE ACTIVITY TYPES

2018 ◽  
Vol 20 (3(68)) ◽  
pp. 107-114
Author(s):  
К.O. KOSTETSKA
Keyword(s):  
Natural Resources ◽  
Economic Activity ◽  
Economic Effect ◽  
Developed Countries ◽  
The State ◽  
Environmental Damage ◽  
Main Task ◽  
Control Functions ◽  
Business Entities ◽  
Recreational Resources

Topicality. All relationships in the field of nature use begin with the legislative framework on the protection of nature and its individual components, which defines the functions of the state regulating environmental activities, as well as defined rights and responsibilities of environmental users. In most developed countries, it is a law on nature conservation or environmental acts that establishes the general principles and objectives of a policy designed to ensure the conceptual uniformity and integrity of all legislative practice in the use, protection and restoration of natural resources. System and methods of administrative management in using natural resources are based on: system of legislative acts of the country and the region; a system of normative-directive and methodological (obligatory to use) documents of state bodies; system of plans, programs, projects, tasks; operational management system. Aim and tasks. The purpose of the article is to justify institutional reforms in order to ensure the implementation of environmental legislation, the division of powers of environmental authorities at the national, regional and municipal levels on the procedure for decision-making and its implementation. Research results. The lack of coordination control functions using natural resources, namely the lack of a horizontal connection between the supervisory authorities, leads to the fact that many bodies control the same natural resource. First of all, the uncontrolled tourism activity with the use of recreational resources is observed. Thus, the main task of the state administration should be to assess the quantitative and qualitative equivalents of existing and potential natural resources and determine the strategic directions of their management, their use and protection by business entities and households. In this case, it is necessary to determine with which mechanisms to achieve the optimal use of recreational and tourist resources while minimizing environmental damage, minimizing costs and maximizing the social, economic and environmental effects of their use.Conclusions. Taking into account the economic effect that the country can have, it is expedient to take into account not only the economic potential of the recreational and tourist territory, but also the development of alternative activities on it. Control the enterprises located in this territory and conduct their economic activity with the use or extraction and subsequent resale of the recreational resource. Principal is the redistribution of taxes from economic activity to the restoration of recreational resources at the urban level. It is necessary to provide methodological explanations regarding tax provisions and benefits to enterprises involved in this process, taking into account the status of the territory in which the recreation process has arisen, taking into account the medical characteristics of the territory and the extraction of natural resources in this territory.

scholarly journals DEVELOPMENT OF LEGAL REGULATION OF USE OF NATURAL RESOURCES IN ECONOMIC ACTIVITY IN UKRAINE

2021 ◽  
pp. 90-99
Author(s):  
А.H. Riabtsova ◽  
Keyword(s):  
Natural Resources ◽  
Middle Ages ◽  
Economic Activity ◽  
Legal Protection ◽  
Legal Regulation ◽  
Customary Law ◽  
Soviet Period ◽  
Economic Activities ◽  
Forest Protection ◽  
The Russian Empire

The formation and development of legal regulation of the use of natural resources in economic activity is analyzed. It is established that certain aspects of the legal regulation of the use of some natural resources can be found in Ruska Pravda, which was carried out mainly for tax purposes. The development of legislation on the use of natural resources in the Middle Ages and during the stay of Ukraine as part of the Russian Empire is analyzed. It is established that the use of natural resources on Ukrainian lands during their stay in the Polish-Lithuanian principality was regulated mainly by customary law. Agrarian reform was carried out as a result of the adoption of the act “Ustav na Voloky” (1557). In addition, in 1567 the Forest Charter was adopted, which was one of the first acts in Europe in the field of forest protection and use. It is substantiated that until the twentieth century there was a rather fragmentary regulation of the protection and preservation of natural resources, mainly with a view to protecting the ownership of certain natural objects, especially land. The regulation of the use of natural resources in economic activity in the Soviet period and after the declaration of independence is studied. Among the first acts adopted after the revolution was the “Decree on Land” of November 8, 1917, according to which the land became state property. However, only since the 60 of the last century special laws have been adopted aimed at legal protection of nature. Normative-legal acts of independent Ukraine from the standpoint of regulating the use of natural resources in eco- no mic activity are systematized into three groups: normative acts regulating economic activity in general and certain aspects of natural resources protection; regulations that mainly regulate the protection of natural resources in general and estab lish certain principles of their use in economic activities; regulations governing the protection and use of certain types of natural resources, including in economic activities. In addition, the periodization of the historical development of legislative regulation of the use of natural resources in economic activity is suggested.

scholarly journals For An Ecological Awareness of Responsible Living

2021 ◽  
Vol 4 (2) ◽  
pp. 110
Author(s):  
Vereno Brugiatelli
Keyword(s):  
Environmental Policy ◽  
Natural Resources ◽  
Natural Environment ◽  
Policy Making ◽  
Human Condition ◽  
Natural Landscape ◽  
Ecological Awareness ◽  
Ethics Of Responsibility ◽  
Ecological Drift ◽  
The Human Condition

The entrenched and firm conviction that man is master of nature while being separate from it has fostered the culture of the indiscriminate use of natural resources, the destruction of eco-systems and a waste society. Over recent decades, behind the urgent need to halt the ecological drift, the natural landscape has been of considerable interest in various disciplinary contexts including biology, from which it has gained renewed consideration from the “ecology of landscape” perspective, and ethics. Once the theoretical aspects of the ecology of the landscape concept have been clarified, I will demonstrate that the human condition is part of the natural environment. On this basis I will highlight the necessity for man to develop an ecological awareness founded on responsibility regarding biodiversity. The ethics of responsibility, enlightened by an ecological awareness, have to inspire living and guide environmental policy-making.

scholarly journals Formation of the Economic and Legal Basis for the Development of Organic Farming in Ukraine Through the Prism of European Experience and Attracting Foreign Investment

2019 ◽  
Vol 8 (3) ◽  
pp. 385
Author(s):  
Daria Piddubna ◽  
Viktoriia Shekhovtsova ◽  
Olha Melnychuk ◽  
Mykola Pypiak
Keyword(s):  
Natural Resources ◽  
Organic Farming ◽  
Foreign Investment ◽  
Natural Environment ◽  
Economic Activity ◽  
Price Policy ◽  
The State ◽  
Legal Basis ◽  
Environment Change ◽  
European Experience

The natural resources as the constituent of the natural environment and their condition are determined, which requires immediate action. The interaction of a person, his activity with the natural environment is characterized. Economic indicators, including price policy, social guarantees, protection and protection of economic activity in comparison with the international and European status are determined. The analysis of components of the environment in Ukraine is given and the legal bases for the settlement and protection of human rights and freedoms are defined. Potentially possible activities for Ukraine are outlined. The vectors of development and support from the state of Ukraine are analyzed. The direction of development of farming, which today is defined as the creation of a legal entity, with the statute, mandatory state registration, with the opening of an account in a financial institution, is determined in the framework of the current regulatory framework. Attention is drawn to the support of family forms of economic activity at the European level. In order to protect natural resources as constituents of the natural environment and components of human life, it is proposed to take measures to support and develop small and medium business entities, as well as directly owners of land plots, including land plots (shares). The prospects for the introduction of organic farming in Ukraine as an element of the state of the environment change are determined. The necessity of taking a number of economic and legal actions that will be directed not only to protect and protect the rights of citizens of Ukraine but also to meet the commitments that Ukraine has assumed through European integration will meet the generally accepted international and European requirements in the field of conducting international relations for different vectors, and also create conditions for attracting foreign investments into Ukraine.            Keywords: economic and legal basis, organic farming, European experience, foreign investment, natural resources, environment, landowners, farming, agro-chemicals and pesticides, price policy.

scholarly journals Penegakan Hukum Lingkungan Bidang Pertambangan Batubara dan Penguatan Lembaga Masyarakat Adat

Wajah Hukum ◽  
2020 ◽  
Vol 4 (1) ◽  
pp. 8
Author(s):  
Afif Syarif ◽  
Eko Nuriyatman
Keyword(s):  
Coal Mining ◽  
Indigenous Peoples ◽  
Environmental Law ◽  
Environmental Damage ◽  
Scientific Article ◽  
Research Approach ◽  
Community Institutions ◽  
The People ◽  
Approach Method ◽  
Mining Law

This scientific article discusses the enforcement of environmental law in the field of coal mining and the strengthening of indigenous community institutions in Bungo Regency. The research approach method used in this scientific article is normative juridical and empirical juridical to be able to find the concept of enforcement of environmental law in the field of coal mining by examining the principles of mining law for the welfare of the community. The nature of environmental law should be able to prevent the occurrence of pollution and environmental damage and the existence of institutions of indigenous peoples in Bungo District has not functioned in the enforcement of environmental law in the field of coal mining business. Therefore the Bungo District government needs to strengthen the institutional of indigenous peoples so that it can function to enforce environmental law against coal mining to improve the welfare of the people in Bungo District.

scholarly journals Juridical Analysis of Marine Pollution by Tankers in Riau Archipelago Waters: A Case Study at the Environmental Service, Riau Islands

2021 ◽  
Vol 8 (10) ◽  
pp. 497-510
Author(s):  
Danny Priabudi ◽  
Laily Washliati ◽  
Idham .
Keyword(s):  
Natural Resources ◽  
Marine Environment ◽  
Marine Pollution ◽  
Environmental Law ◽  
Human Life ◽  
Legal Regulation ◽  
Environment Agency ◽  
Food Needs ◽  
Riau Archipelago ◽  
The Impact

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.

scholarly journals Specifics of the legal regulation of environmental management in agriculture

2021 ◽  
Vol 273 ◽  
pp. 08027
Author(s):  
Anna Kulikova
Keyword(s):  
Environmental Management ◽  
Natural Resources ◽  
Natural Environment ◽  
Negative Impact ◽  
Legal Regulation ◽  
Modern World ◽  
Environmental Harm ◽  
Agricultural Activities ◽  
Environmental Consequences ◽  
The One

It is difficult to overestimate the importance of agriculture, its effectiveness for the economic and socio-political sector of development of any state in the modern world. However, agriculture relies on the use of natural resources in its activities - land, soil, water, atmospheric air, forests and other vegetation. The quality of these natural components of the natural environment directly affects the functioning and productivity of agricultural organizations. Environmental pollution problems are complex problems of interaction between nature and man. To minimize environmental harm and the occurrence of dangerous environmental consequences, a model of environmental management is needed. For agricultural production environmental management issues are particularly specific since its productivity is directly related, first of all, to the state of the natural environment as consumption resources on the one hand, and the negative impact of agricultural activities on natural resources on the other. In this article the issues of legal regulation of the law of nature use in agricultural activities were investigated, the problems of regulatory support for the rational use of nature in agriculture were identified, and the directions for optimizing the legislative regulation of the use of natural resources for agricultural activities were determined.

scholarly journals Legal relations peculiarities as a subject of legal regulation in the complex law branch

2020 ◽  
Vol 5 (5) ◽  
pp. 15-22
Author(s):  
Lyudmyla Dobroboh
Keyword(s):  
Public Relations ◽  
Natural Resources ◽  
Environmental Protection ◽  
Theoretical Study ◽  
Environmental Law ◽  
Legal Regulation ◽  
Future Generations ◽  
The Subject ◽  
Selection Of

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.

scholarly journals Improvement of legal regulation of intermediation in the virtual assets market

2021 ◽  
pp. 58-64
Author(s):  
Oleh Kulyk
Keyword(s):  
Financial Services ◽  
Economic Activity ◽  
Financial Intermediation ◽  
Service Providers ◽  
Legal Regulation ◽  
Third Parties ◽  
Legal Concept ◽  
Market Participants ◽  
Business Entities ◽  
Professional Assistance

Legal regulation of intermediation in the virtual assets market was analysed. It was grounded, that the professional assistance to virtual assets market participants is necessary because of complexity of transactions with virtual assets. It was found, that the virtual assets service providers carry out intermediation in the virtual assets market as an entity that is acting in the interests of third parties and providing intermediary services to the market participants. Based on the analysis of the legal concept of "intermediation", it was formulated, that intermediation in the virtual assets market can be considered as the economic activity of business entities – virtual assets service providers, - which is carried out with the purpose of providing intermediary services to virtual assets market participants. Types of intermediation in the virtual assets market include: 1) safekeeping or administration of virtual assets and keys of virtual assets; 2) exchange of virtual assets (except when exchange is not carried out directly by the consumers in their own interests); 3) transfer of virtual assets (except when the transfer is not carried out directly by the consumers in their own interests); 4) participation in and provision of financial services, related to an issuer’s offer and/or sale of a virtual asset. It was found, that according to the draft law “On Virtual Assets” of June 11, 2020 No 3637 virtual assets service providers should be registered, but there is no mention about the license for providing intermediation in the virtual assets market. At the same time, it was grounded, that according to Ukrainian law, the financial intermediation in the virtual assets market, including participation in and provision of financial services, related to an issuer’s offer and/or sale of a virtual asset, should be a subject of licensing

scholarly journals The current demand for the insurability of liability for damage to the natural environment

2009 ◽  
Vol 55 (No. 1) ◽  
pp. 33-39
Author(s):  
E. Vávrová
Keyword(s):  
Risk Management ◽  
Natural Resources ◽  
Natural Environment ◽  
Solvency Ii ◽  
Environmental Damage ◽  
The European Union ◽  
Natural Conditions ◽  
Enterprise Risk ◽  
Potential Risks ◽  
Potential Damage

Since 2004, the basic document which has governed liability for damage to the natural environment in the European Union is the Environmental Liability Directive No. 2004/35/EC, as amended by the subsequent regulation No. 2006/21/EC. The main purpose of the legislation was to ensure that the entity responsible for the damage pays all costs for rectifying its consequences. If it concerns damage to natural environment, the operator must undertake measures for rehabilitation, replacement and regeneration of the damaged natural resources. The primary replacement, which returns the damaged natural resources to their original state, may be differentiated from complementary replacement as compensation in the case in which the primary replacement has not provided an adequate reparation, and finally compensatory replacement – compensation for the temporary loss of natural conditions. This paper aims at an analysis of the possible means for eliminating risks due to the liability for environmental damage caused by the actions of an operator whose activities potentially threaten natural environment and may cause the biodiversity damage. Risks are assessed with regard to the risk insurability criteria for potential damage to the natural environment. The importance of risk management is stressed in the sophisticated form known as the Enterprise Risk Management. Risk management is becoming increasingly important as a part of the Solvency II concept, currently in preparation, whose first and second pillars accentuate risk management in financial institutions and the consistent quantification of the obvious, hidden and potential risks.

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