The Main Directions of Development of the Russian Federation Environmental Legislation in the Area of Ensuring of Favorable Environment in Settlements

Author(s):  
I. O. Krasnova

The legal uncertainty of the right to a favorable environment revealed by science is noted, which impedes its implementation. Two positions of scientists are analyzed — recognizing the right to a favorable environment as a subjective right and as a legitimate interest. As the right to a favorable environment is proclaimed in the Constitution of the Russian Federation and enshrined in environmental legislation, the author comes to the conclusion about the double legal nature of law. As a subjective right, it is directly enshrined in the Law “On Environmental Protection” and extends to a narrow circle of environmental relations to ensure environmental quality, and as a constitutional one, it expresses public, public interests enshrined in the preambles and principles of laws, in political and legal acts.


2020 ◽  
Vol 36 (4) ◽  
pp. 106-112
Author(s):  
N.Sh. Gadzhialieva ◽  

The article analyzes various forms of protecting the right to a favorable environment, examines the concept of a form of protecting rights as a legal category. Based on the analysis of regulatory and scientific sources, the author has classified the forms of protection of the right to a favorable environment provided for in the law. Depending on the endowment of the subject carrying out the defense with the authority to use state coercion, the author identifies two large independent forms of protection: state and non-state. The author notes the legal uncertainty regarding the content of the right to a healthy environment, which complicates its protection. The positions of scientists who consider the right to a favorable environment in a narrow and broad sense are analyzed. Attention is drawn to the fact that the mechanism for protecting the right and the content of the right to a favorable environment are in organic unity and thus in the aggregate affect the formation of forms and methods of protecting the right to a favorable environment by a person. In conclusion, the author formulates the conclusions of the study, relying not only on the current legislation of the Russian Federation, but also on the established judicial practice, as well as on the scientific dogmas of Russian scientists in the field under study.


Author(s):  
Наталья Ибатуллина

The article deals with the environmental legislation of the Russian Federation. The author reveals environmental legislation problems, the topical problems are the following: authority distinction of the Federation and federal subjects, correspondence matters of the Federal laws and laws of the Russian Federation subjects, right of ownership to natural resources and more. Possible problems solutions are proposed.


Author(s):  
A. D. Kondratev ◽  
T. V. Koroleva

The environmental legislation of the Russian Federation does not fully regulate the impact on the environment during the creation and operation of rocket and space technology. The impact of carrier rockets launches on the environment is currently not standardized: there is no payment for negative environmental impact, there are no impact regulations. The legislation of the Russian Federation does not provide for environmental monitoring of spaceports and rocket stages drop zones. The commissioning of the Vostochny Cosmodrome requires solving the accumulated problems on environmental management issues in the implementation of rocket and space activities. Additional difficulties arise during the operation of the Baikonur Cosmodrome located on the territory of the Republic of Kazakhstan due to differences in approaches to the environmental management in the Republic of Kazakhstan and the Russian Federation. The analysis of the regulatory acts of the two states in terms of applicability to the rocket and space activities has shown that the improvement of the regulation of this type of anthropogenic impact on the environment is easier to implement within the Kazakhstan legislation. It would be advisable to have uniform requirements for space complexes in their development and operation within the environmental legislation of the CIS member states.


2021 ◽  
Vol 67 (3) ◽  
pp. 353-362
Author(s):  
Ekaterina Yu. Gaevskaya ◽  
Olga V. Vagina

The authors of the article have analyzed the history of environmental legislation in the Russian Federation as a comprehensive industry, including laws on natural resources and nature conservation, the development of this branch as an independent one, and trends of its further improvement in modern conditions.


2020 ◽  
Vol 7 (1) ◽  
pp. 94-97
Author(s):  
Sergey N. Buday

The article discusses attempts to ensure environmental safety during military activities between Russia and the People's Republic of China. Using the example of joint RussianChinese military exercises, the author analyzes issues raised by environmental legislation and their solutions by the troops. Special attention is paid to the roles of military prosecutors during military exercises.


Author(s):  
T.V. Elkina ◽  
K. Yu. Skrelya

The article discusses the legislative support of environmental planning, which has the greatest functional potential, compared with the existing institutions of regulation, examination, audit, control, etc. The essence of planning, and the need for its inclusion in the environmental-legal mechanism, is also analyzed. As a result, it is concluded that the development of environmental legislation in the future may become the basis for moving away from sectoral regulation of environmental relations to the development of an independent special regulatory inter-branch act.


The correlation of social security law and environmental law with regard to the subject and method of regulation is investigated. It can be traced in the implementation of human rights to a decent life and free development guaranteed by Art. 7 of the Constitution of the Russian Federation. It was revealed that one of the common elements in the subject of legal regulation of the considered branches of law is protection of the health of citizens. Among the measures of protection of human health is the elimination of the harmful effects of environmental factors. The social security law regulates public relations to preserve the health of citizens in terms of providing them with free medical care, and the environmental law protects human health by maintaining a favorable environment. In the social security law, an imperative method of legal regulation is used due to the specifics of the legal status of the subjects (the absence of equality and subordination between them). In environmental law, both the imperative and the dispositive methods of legal regulation are used. The authors emphasize that the need for interaction between the considered branches of law becomes especially relevant when implementing state policy in the field of protecting the health of citizens in order to bridge the gap between the health indicators of the population of Russia and economically developed countries. In strategic plans, the task of enhancing the role of human capital as the main factor in economic development is brought to the forefront. To achieve this goal, it is necessary to improve the living conditions of Russian citizens and maintain a favorable environment. At the same time, the authors draw attention to a number of problems that complicate the preservation of the health of citizens in the Russian Federation, and offer some social protection measures in order to mitigate the negative effects on the health of citizens if they live in ecologically unfavorable territories.


Author(s):  
Наталья Мухаметгареева

The article is dedicated to the questions of the development of the environmental law in the Russian Federation and in the European Union this process began virtually simultaneously for each entity. Comparative analysis of the environmental legislation’s development level of two entities that considerably differs from each other is made. Comparative law research allows coming to the conclusion that the European experience of ecological legisla- tion and environmental legal regulation should help to improve the Russian legislation in this sphere. However the author indicates that historically environmental law developed and keeps developing within the nation states.


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