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

2021 ◽  
Vol 3 (2) ◽  
pp. 71-78
Author(s):  
Alexey V. Dubrovsky ◽  
Elena А. Skorinskaya

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.

2016 ◽  
Vol 2 (1) ◽  
pp. 0-0
Author(s):  
Владислав Авхадеев ◽  
Vladislav Avkhadeev

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.


Author(s):  

Some examples of the practice of application of the calculation method for determination of the damage to a water body due to any infringement of water legislation (in respect of the pollutants discharge to water bodies) have been discussed. Drawbacks of the methodology causing impugnment by companies the results of the damage amount calculation done by Rosprirodnadzor bodies have been systematized. The methodology per se can be considered adequate though some of its provisions require deeper explanations in order to secure unambiguous interpretation in the process of their application. Key provisions of the methodology that can be considered inadequately elaborated comprise algorithms of the discharged pollutant mass determination, duration of the waste waters with these pollutant high content discharge, as well as indices used in these calculations. The said imperfections can be dealt with on the level of regulating official documents. A conclusion on the necessity of some supplements to the order of procedure of indemnity for a damage to water bodies due to the contaminated waste waters discharge has been done: the damage amount is to be assessed for a particular water body, beside the calculation with the use of the standard methodology.


2020 ◽  
Vol 203 ◽  
pp. 02016
Author(s):  
D.O. Sivakov ◽  
V.V. Sevalnev ◽  
Y.V. Truntsevsky

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.


Author(s):  
Dmitriy Sivakov ◽  
Vyacheslav Sevalnev

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.


2021 ◽  
Vol 16 (3) ◽  
pp. 177-184
Author(s):  
A. M. Tsaplina

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.


Author(s):  

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.


2020 ◽  
Vol 1 (6) ◽  
pp. 42-46
Author(s):  
S.V. DOROZHINSKY ◽  

The article discusses the features of procurement in the framework of the state defense order by conducting trade procedures. The analysis shows that the regulatory framework for state defense orders includes both general acts for the entire public procurement system and special acts regulating relations specifically in the field of defense orders. The features of legal regulation in this sphere are determined, first of all, by the defense order specifics, but, primarily, this sphere as a whole is subject to the rules of legal regulation common to the sphere of public procurement.


1989 ◽  
Vol 21 (12) ◽  
pp. 1821-1824
Author(s):  
M. Suzuki ◽  
K. Chihara ◽  
M. Okada ◽  
H. Kawashima ◽  
S. Hoshino

A computer program based on expert system software was developed and proposed as a prototype model for water management to control eutrophication problems in receiving water bodies (Suzuki etal., 1988). The system has several expert functions: 1. data input and estimation of pollution load generated and discharged in the river watershed; 2. estimation of pollution load run-off entering rivers; 3. estimation of water quality of receiving water bodies, such as lakes; and 4. assisting man-machine dialog operation. The program can be used with MS-DOS BASIC and assembler in a 16 bit personal computer. Five spread sheets are utilized in calculation and summation of the pollutant load, using multi-windows. Partial differential equations for an ecological model for simulation of self-purification in shallow rivers and simulation of seasonal variations of water quality in a lake were converted to computer programs and included in the expert system. The simulated results of water quality are shown on the monitor graphically. In this study, the expert system thus developed was used to estimate the present state of one typical polluted river basin. The river was the Katsura, which flows into Lake Sagami, a lake dammed for water supply. Data which had been actually measured were compared with the simulated water quality data, and good agreement was found. This type of expert system is expected to be useful for water management of a closed water body.


2015 ◽  
Vol 2015 ◽  
pp. 1-13 ◽  
Author(s):  
Xianghong Che ◽  
Min Feng ◽  
Hao Jiang ◽  
Jia Song ◽  
Bei Jia

Inland surface water is essential to terrestrial ecosystems and human civilization. Accurate mapping of surface water dynamic is vital for both scientific research and policy-driven applications. MODIS provides twice observation per day, making it perfect for monitoring temporal water dynamic. Although MODIS provides two bands at 250 m resolution, accurately deriving water area always depends on observations from the spectral bands with 500 m resolution, which limits its discrimination ability over small lakes and rivers. The paper presents an automated method for downscaling the 500 m MODIS surface reflectance (SR) to 250 m to improve the spatial discrimination of water body extraction. The method has been tested at Co Ngoin and Co Bangkog in Qinghai-Tibet plateau. The downscaled SR and the derived water bodies were compared to SR and water body mapped from Landsat-7 ETM+ images were acquired on the same date. Consistency metrics were calculated to measure their agreement and disagreement. The comparisons indicated that the downscaled MODIS SR showed significant improvement over the original 500 m observations when compared with Landsat-7 ETM+ SR, and both commission and omission errors were reduced in the derived 250 m water bodies.


2021 ◽  
Vol 66 (6) ◽  
pp. 111-115
Author(s):  
O. Kochetkov ◽  
V. Klochkov ◽  
A. Samoylov ◽  
N. Shandala

Purpose: Harmonization of the Russian Federation legislation with current international recommendations Results: The concept of the radiation safety system has been significantly modified by recommendations of ICRP (2007) and IAEA (2014). An analysis of existing international regulatory framework for radiation safety allowed to identify the main provisions to be implemented in the Russian legal and regulatory framework. It’s showed that the current Federal Law of 09.01.1996 No. 3-FZ «On Radiation Safety of Population» must be ultimately revised to be harmonized with international documents. General approaches to legal regulation of radiation safety should be essentially modified to create a strong relationship between this law and other regulatory and legal documents in force in the Russian Federation. Conclusion: An article-by-article analysis of the current Federal Law of 09.01.1996 No. 3-FZ «On Radiation Safety of Population « showed the need to modify 22 existing articles and add 12 new articles in order to harmonize it with international documents. Given such a large volume of modification it is advisable to pass a new law with simultaneous abolition of the current federal law. A new name has been proposed: Federal Law of the Russian Federation «On Radiation Safety in the Russian Federation». The enactment of the Federal Law of the Russian Federation «On Radiation Safety in the Russian Federation» with the main by-laws approved by the Russian Federation Government – «Radiation Safety Standards» and «Basic Rules for Ensuring Radiation Safety» – will allow to establish an actual regulatory framework for ensuring radiation safety of personnel and population in Russia.


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