Principle of public participation in environmental law of the Russian Federation

elni Review ◽  
2009 ◽  
pp. 39-42
Author(s):  
Eugene A. Wystorobets

This article addresses normative acts, decisions of the courts, practice and public relations in the field of public participation in environmental decision-making. The purpose of the present article is to develop measures for strengthening the principle itself in law application and improvement of environmental protection as a whole. Open and private data bases, content analysis methods, comparative law, formal, logic, and statistical methods were used during this work. This article offers a selection of main terms, a short description of domestic sources, a survey of several cases and practical problems. The review enables a general overview to be gained of the past, present and future of this problem in the context of Russian environmental legislation.

elni Review ◽  
2016 ◽  
pp. 2-9
Author(s):  
Lorenzo Squintani

The ‘better regulation’ agenda developed as a follow-up to the 2000 Lisbon Strategy. Especially after the 2002 ‘Better Law-Making’ Communication, the subsequent initiatives on ‘better’ and ‘smart’ regulation have added to simplification a fairly strong emphasis on reducing administrative burdens. In the context of EU law, environmental legislation is considered one of the sectors that is suitable for simplification and a reduction of administrative burdens. While mainly focusing on the European Environmental acquis, the Better Regulation programme has highlighted on several occasions that the lack of simplification and the presence of burdens may actually derive from national (environmental) law. Led by the Netherlands, the United Kingdom and Germany, a group of about 14 member states created the so-called Make it Work (MiW) Project. This project is a form of international cooperation between states, but, at the same time, it aims at influencing the functioning of the European Union. Indeed, this network of states “wants to open an ongoing debate on how the clarity, coherence and structure of EU environmental legislation can be improved, making it simpler for Member States to implement and easier for businesses and others to comply.” The MiW Project works on the basis of topics, which are discussed in meetings presided by civil servants at ministerial level with expertise on the subject matter of the discussion. The main output of these meetings is the drafting principles on making EU environmental legislation smarter, both generally and for specific policies, tools and procedures. Given the limited space available for this article, only a selection of drafting principles is discussed in this article. In order to provide a context to this selection, an overall description of the MiW Guiding Principles of Compliance Assurance is given.


Envigogika ◽  
2014 ◽  
Vol 9 (2) ◽  
Author(s):  
Vendula Záhumenská

Na Plachtě is located at the south-eastern edge of Hradec Králové where over the past 20 years conflicts of interests between environmentalists and local developers have arisen concerning the development and commercial use of the site. This case study is concerned with the importance of public participation in  environmental issues and describes the specific opportunities for influencing environmental decision-making. The author refers to specific events which eventually resulted in the declaration of the Na Plachtě site as a “natural monument”; she also investigates opportunities for changing the landscape plan which would strengthen  protection against any construction on the site. Other possibilities for influencing decision-making about issues of concern to the general public and which have an impact on the work of regional representatives are also discussed.


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.


PEDIATRICS ◽  
1960 ◽  
Vol 25 (1) ◽  
pp. 135-144
Author(s):  
John A. Rose ◽  
Donald C. Ross

It is the opinion of the authors that the "new pediatrics" (comprehensive pediatrics) can be practiced, but at the present time many practitioners are not equipped to do so. This is because hospital structure has in the past effectively protected the physician in training from many of the emotional aspects of practice. Often it is only when he is in practice that he feels the full impact of these. A pilot postgraduate program for practicing physicians and evaluation of its results are described. It is the belief of the authors that the success of such a program is largely dependent on the careful planning and preparation of every step: public relations, selection of material, mode of presentation, group participation, etc.


Envigogika ◽  
2015 ◽  
Vol 10 (1) ◽  
Author(s):  
Vendula Záhumenská

Na Plachtě is located at the south-eastern edge of Hradec Králové where over the past 20 years conflicts of interests between environmentalists and local developers have arisen concerning the development and commercial use of the site. This case study is concerned with the importance of public participation in  environmental issues and describes the specific opportunities for influencing environmental decision-making. The author refers to specific events which eventually resulted in the declaration of the Na Plachtě site as a “natural monument”; she also investigates opportunities for changing the landscape plan which would strengthen  protection against any construction on the site. Other possibilities for influencing decision-making about issues of concern to the general public and which have an impact on the work of regional representatives are also discussed.


2021 ◽  
Vol 18 (2) ◽  
pp. 164-174
Author(s):  
V. B. Bashurov

The subject of the study is the norms of the legislation of the Russian Federation on administrative offenses, which establish the powers of the subjects of the Russian Federation to determine the procedure for moving detained vehicles to a specialized parking lot and storing them. The object of the study is public relations related to the organization of the activities of service providers for the movement and (or) storage of detained vehicles, as well as the selection of these service providers. Within the framework of the article, the Author presents an analysis of federal and regional legislation in terms of the implementation of powers by public legal entities in this area of relations. The problems of the implementation of federal legislation, as well as the main approaches, similarities and differences of the "advanced" legal regulation of the relations under consideration at the level of the subjects of the Russian Federation are noted. The existing legislative models for involving local self-government bodies in the exercise of the authority to organize specialized parking lots for the storage of detained vehicles are analyzed. In the research paper, the Author presents options for determining the performers of services for the movement and (or) storage of detained vehicles, analyzes the legal grounds for the implementation of each of them, taking into account the existing law enforcement, including judicial practice. For the purpose of unified legal regulation of relations on the movement and (or) storage of detained vehicles, aimed at implementing measures to ensure the proceedings in the case of an administrative offense in the form of detention of a vehicle, the Author formulated proposals for the legislative consolidation of the federal authorities of the authority to determine the procedure for selecting performers of services for the movement and (or) storage of detained vehicles. To ensure equal opportunities for economic entities to carry out activities in the market of services for the movement and (or) storage of detained vehicles, the Author proposed, within the framework of the above procedure, to determine the requirements for the performers of these services, as well as the criteria for their competitive selection. At the same time, the paper substantiates the need for mandatory application of the territorial criterion for the selection of performers of these services for the movement and (or) storage of detained vehicles, taking into account not only the boundaries of the relevant municipality, but also the distance of specialized parking lots from socially significant objects.


2021 ◽  
Vol 67 (3) ◽  
pp. 276-297
Author(s):  
László Fodor

Until 1990, Hungary’s environmental legislation had been broadly incomprehensive. Since then, several laws and judicial decisions were passed, and scholarly literature on this topic exists in abundance. However, as yet, there is no exhaustive evaluation of the development of the legal and legislative development of the country’s environmental law of the past thirty years. This article provides a historical overview of Hungary’s environmental law, followed by an outline of the developments of the 1990 s; it then presents Hungary’s post-millenial environmental law, shedding light on the first decade. The next chapter covers Hungary’s environmental law after 2010, which was a turning point in the country’s environmental policies, associated with the FIDESZ party’s accession to power and several controversial environmental policies. The article concludes that environmental law cannot be observed separately, but must always be reviewed in conjunction with, and in the context of, changes in the entire legal system and the political changes taking place in a country at large. Despite EU approximation of environmental law, there are still cases of Hungarian environmental law contradicting European domestic market fundamental freedoms and competition law.


Legal Concept ◽  
2021 ◽  
pp. 166-173
Author(s):  
Andrey Sadkov ◽  
◽  
Natalia Baturina ◽  
Gennady Pechnikov ◽  
◽  
...  

Introduction: the paper deals with the problems of the legal regulation of agricultural land turnover, analyzes the procedure and the main legal conflicts that arise when allocating a share from a land plot classified as agricultural land. The purpose of the study is to find solutions aimed at improving the legal regulation of agricultural land turnover. Methods: the methodological framework for the study is a set of methods of scientific knowledge, among which the main ones are the methods of analysis, synthesis, generalization, and comparative law. Results: the authors’ position justified in the work is based on the current Russian legislation and the opinions of competent scientists on the issues of clarifying the specifics of agricultural land turnover. Conclusions: the authors concluded that as the main criterion for classifying a land plot as agricultural land, it is necessary to consider the presence of a fertile layer on a particular land plot suitable for growing crops. The paper substantiates the position that the norms of the Civil Code of the Russian Federation applied to public relations within the framework of agricultural land turnover should be applied exactly as long as they do not conflict with the requirements of the environmental legislation.


Author(s):  
Alla N. Gutorova

The party system in contemporary Russia has a number of features that should be taken into account in the course of the legal research and search for the optimal correlation of party and independent (individual) representation in the constitutional mechanism of the popular trust mandate. In our opinion, it is the features of the Russian party system at the present stage of its historical development, not multiparty as such, that determine the main vector of constitutional-legal regulation of these public relations and the relevant assessment of this phenomenon in Russian legal science. The research methodology is based on a comparative legal method that allowed the comparison of party and independent representation in the popular representation system. The use of the historical and legal method is determined by the need to identify the features of the development of the party system in modern Russia through the prism of historical facts. The forecasting method has allowed determining the prospects of further development of the Russian political system. The constitutional system of the Russian Federation over the past decades has demonstrated a very decisive rejection of the one-party ideological system and the transition to the nascent but steadily developing multiparty system. As the real multiparty system and political competition become stronger, the individual-independent form of popular representation will give way to the party mandate of popular trust until the institution of “independent” single-member deputies becomes a thing of the past, not only in the State Duma, but also in the legislative (representative) bodies of the constituent entities of the Russian Federation. “Independent-individual” national representation is more preferably for the local government, that is non-partisan national representation (in the general federal sense). By its constitutional and legal nature, the municipal popular representation is “independent and individual” in relation to political parties.


Author(s):  
Stuart Bell ◽  
Donald McGillivray ◽  
Ole W. Pedersen ◽  
Emma Lees ◽  
Elen Stokes

This chapter deals with public participation in environmental law and policy. Over recent years, there have been significant moves towards increasing both the quantity and quality of public participation in many different areas of environmental decision-making. The exact nature of public participation can take many forms, but the chapter concentrates on access to information on the environment and public participation in environmental decision-making. It also looks at some of the reasons for giving greater access to environmental information; the types of environmental information that are available; the use of environmental information as a regulatory instrument; international and European initiatives; and past, present, and future approaches to access to environmental information in the UK.


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