scholarly journals The modern paradigm of rational environmental use as a trend of environmental legal regulation

2021 ◽  
Vol 34 (04) ◽  
pp. 1250-1257
Author(s):  
Nadezhda M. Mityakina ◽  
Lyubov A. Pozharova ◽  
Larisa V. Tsurikova ◽  
Sergey A. Ivanov ◽  
Tatyana I. Kuzmina

The main aim of the article is to review modern concepts of the legal principle of rational nature management. To fulfil that aim, a descriptive-analytical and data-gathering methods are utilized. The principle of rational environmental management should be considered as a modern paradigm of environmental and legal regulation. The article substantiates that this paradigm includes doctrinal views on the legal support of rational use of natural resources, state environmental policy, a set of existing legal norms on rational use of natural resources, legal relations on the use of natural resources, and a developed ecological culture. The authors concluded that the central core and an obvious trend in the environmental management paradigm is the idea of the best available technologies.

Author(s):  
A.A. Lavrentiev ◽  
◽  
L.N. Ananchenko ◽  
I.S. Kochetkov ◽  
◽  
...  

This paper discusses the concept of environmental management. The general criteria for achieving the rational use of natural resources are formulated. The methods of achieving the "rationalization" of natural resources by establishing the relevant regulatory acts taking into account the regional conditions of the regions are analyzed. The disadvantages of the considered methods and the prospects for their application are established.


Author(s):  
О. Baik ◽  
L. Yarmol ◽  
М. Sirant ◽  
H. Popadynets ◽  
N. Stetsyuk

Abstract. The article deals with the analysis of economic and legal aspects of rational nature management as a component of ecological safety. The ecological problems of the current state of the natural environment of the country are analyzed. It is stated that environmental security is one of the most important components of national security of Ukraine, which depends on the rational use and reproduction of natural resources. The concept of rational nature management is formulated, the concept consists in the sphere of production and scientific activity aimed at the study, development, protection and transformation of nature in order to ensure favorable conditions for human life. It was found out that the rational use of nature necessarily involves the economic and legal component, which lies in getting the most out of economic and other activities in the use of natural resources at economically reasonable costs. The concept of economic and legal mechanism of nature management is defined, which is enshrined in the system of economic and legal measures, incentives and other regulators aimed at ensuring environmental protection, environmental safety and organization of rational nature management and is based on the concept of payment for the use of natural resources, introduction of economic and legal responsibility. Proposals have been formulated as for the implementationof additional measures of fiscal regulationof nature use by Ukraine, granting tax benefits to enterprises implementing relevant environmental protection programs, insurance of environmental risks. Key words: ecological safety, rational nature use, economic and legal mechanism, legal regulation, environment, norms of law. JEL Classification К32 Formuls: 0; fig.: 0; tabl.: 3; bibl.: 23.


2021 ◽  
Vol 7 (Extra-E) ◽  
pp. 639-643
Author(s):  
Evgeniy E. Tonkov ◽  
Vladislav Yu. Turanin ◽  
Aleksey S. Fedoryaschenko ◽  
Ekaterina Yu. Arkhipova ◽  
Viktoria A. Katomina

The main aim of the article is to consider the modern scientific and practical legal views on the principle of rational nature management. To meet the objective of the study, the universal systems approach as a methodology of cognition is used. The summary of the article includes the conclusion that any use of natural resources should be rational, which implies the use of fewer natural resources while meeting the needs of the same level, provided there is no or minimal residual environmental harm. In the end, some practical recommendations are made to be taken into consideration in the future relevant studies


Author(s):  
Jéssica Patricia Corrêa Brunhara ◽  
Rosana Pereira Corrêa ◽  
Sergio Ricardo Mazini

This chapter presents a discussion about the real role of companies as social and environmental agents, which is increasingly gaining momentum and timeliness. With industrial expansion and increasing pollution, it has become imperative that companies assume not only the role of producers of goods and services, but also those responsible for the implementation of environmental management systems and their instruments. The Cleaner Production is a process in the production process that helps in the environmental preservation, since it establishes the following order of priority for waste management: elimination - reduction - reuse - treatment - final disposal. In the sugar-energy sector, considered as one of the greatest precursors of environmental degradation by deforestation and burning, Cleaner Production is fundamental for the rational use of natural resources and for minimizing the environmental impacts caused by productive operations.


2018 ◽  
Vol 9 (1) ◽  
pp. 183
Author(s):  
Eleonora Sergeevna NAVASARDOVA ◽  
Roman Vladimirovich NUTRIKHIN ◽  
Tatyana Nikolaevna ZINOVYEVA ◽  
Vladimir Aleksandrovich SHISHKIN ◽  
Julia Valeryevna JOLUDEVA

The codification of the legislation on lands, forests, subsoil and other natural resources in the Russian Empire (1721-1917) is studied herein. Some sources of the systematization process in this field of legislation in the period, preceding the formation of the empire, from the time of the ʼCouncil Codeʼ to the reforms of Peter I (1649-1720) are revealed. Initially, the formation of the legal regulation in this field had the form of adoption of numerous separate legal acts. Such law-making methods were casual in nature and resulted in the emergence of internal contradictions in the legislation, which became too extensive and inconsistent. This was the strong reason for the urgent need for its systematization. The land law was most developed in Russia in the pre-imperial and imperial periods, which was due to the prevalence of agricultural production and the special importance of land relations. The land legislation was codified prior to other natural resource industries. The second most important in this area was the forest legislation. This was explained by the abundance of forests and their active use in economic activities, which required serious legal regulation. The importance of subsoil legislation had increased over time, due to increased exploitation of mineral resources. Later, water and faunal law began to develop actively and systematically. The milestone in the development of natural resource industries was M.M. Speransky's codification reform, the main result of which was the appearance of the ʼCode of Laws of the Russian Empireʼ. The separate codes included in it were specifically devoted to land, forest and mineral relations. First of all, they were the ʼCode of Survey Lawsʼ (vol. X), the ʼCode of Institutions and Forest Chartersʼ (vol. VIII) and the ʼCode of Institutions and Mineral Chartersʼ (vol. VII), which, however, were only the part of the array of legal norms on lands, forests and subsoil. Other volumes of the Code of Laws contained a large number of them. The norms of water and faunal law had no separate codes. Their systematization was carried out in the charters of the related branches of law. Along with this codification, a large number of separate normative nature-resource acts were issued. Not all of them were organically included in the relevant codes; they simply joined them as the official annexes. The systematization of the legislation on natural resources in the empire was not very consistent and was not always successful (Engelstein 1993: 339). Even after the most extensive imperial codification, it remained extremely fragmented. However, the demerger of certain natural resource charters from the Code of Laws as the separate codification units indicated the beginning of the formation of the land, forest and mineral law in pre-revolutionary Russia as the independent branches.


2021 ◽  
Vol 273 ◽  
pp. 08027
Author(s):  
Anna Kulikova

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.


2020 ◽  
Vol 35 (1) ◽  
pp. 203-2012
Author(s):  
A.A. Magadieva ◽  
◽  
B.S. Murzabulatov ◽  

The article discusses the key sources of environmental pollution and measures to preserve the environment and nature. By rational use of the Earth’s natural resources and responsible attitude to the environmental problem, this situation can be radically changed. One of the important problems of mankind today is environmental pollution. The environment is the habitat, the natural world that surrounds a person; includes natural and artificial environments. In many constituent entities of the Russian Federation, garbage reform has already begun to work. The goal of the garbage reform is the elimination of illegal landfills and the transition to separate waste collection, sorting and recycling so that they can be reused. Old landfills are subject to reclamation. Land reclamation as an integral part of environmental management in the development of environmental management projects in accordance with the requirements of regulatory documents is required. Thus, nature conservation is a set of measures and measures aimed at the rational use and reproduction of all natural resources of the Earth, as well as the conservation of the gene pool of flora and fauna, wealth of the subsoil, clean water and atmospheric air.


Author(s):  
Dmytro Zadykhaylo ◽  
◽  
Oksana Leshko ◽  

The article considers the institute of ecological management as an object of legal regulation of ecological law. The works of scientists devoted to the role of business associations in environmental and legal relations are analyzed. The paper also analyzes similar legal relations in neighboring countries. The authors aim to reveal an interesting issue, namely the impact of the phenomenon of environmental management as a driving factor in the transition to the principles of sustainable development. There is a demonstration of the conflict between economic and environmental interests, which is relevant because the relationship between these different areas of law is traced throughout the article. An analysis of the legal norms of each of the above industries is given. However, it is emphasized that only the consistent improvement of national environmental and economic legislation can be decisive factors in the economic well-being of the country. The authors propose their improvement of domestic legislation on the basis of the Law "On the Basic Principles (Strategy) of State Environmental Policy of Ukraine for the period up to 2030. The information contained in this law is fully reflected in the article and is relevant, because here the position of the authors and the position of the main legislative body of the country coincide. We can trace this further in the text, where changes to this law are demonstrated and argued with reference to leading researchers in both industries, both economic and environmental. This article will be useful for both students, as it contains a lot of guiding theoretical material on Commercial and Environmental Law. The same goes for experienced researchers, because the authors raise a large number of problematic issues that can be discussed further. It is a springboard for the legislative improvement of a large number of regulations, which can serve as a source for argumentation in drafting a bill to improve economic legislation in terms of environmental protection in the course of direct economic activity.


2020 ◽  
Vol 144 ◽  
pp. 122-129
Author(s):  
Vladimir A. Persianov ◽  
◽  
Anna V. Kurbatova ◽  
Tatyana M. Gainochenko ◽  
◽  
...  

The article dwells on a complex of issues related to rational use of natural resources. It is shown that development of the economy requires not only clear state goal-setting, serious technical and economic calculations, but also other types of substantiations. The cost of goods and services has not yet been thoroughly studied. Pricing in its entirity does not take into account material components that initially exist by nature and are created without human participation. The role of environmental factors in development of economic and other social sciences is revealed


2019 ◽  
Vol 5 (3) ◽  
pp. 99
Author(s):  
Yuliia Leheza ◽  
Olena Surilova

The purpose of the study is to determine the most optimal ways to solve the problems of financing the implementation of environmental protection measures formulated based on the positive experience of foreign countries in the field of ensuring the rational use of natural resources. Methodology. The method of comparative legal research was used to analyse foreign experience in the application of economic mechanisms for ensuring the rational use of natural resources, and the methods of modelling, analysis, and synthesis allowed determining the directions of increasing the efficiency of economic incentive use in Ukraine. Research results. Based on the studied experience of legal regulation of the application of economic mechanisms for ensuring the rational use of natural resources in the countries of the European Union, the United States of America, Great Britain, Canada, and other foreign countries, it was concluded on the expediency of its implementation in Ukraine. The author determined the appropriateness of the introduction of tax privileges of economic activity of entities that promote the use of advanced technologies, which contribute to reducing the negative impact on the environment. The expediency of application in Ukraine of an extensive system of taxation of activities associated with the use of natural resources by means of activating the introduction of direct taxes paid directly by natural users is substantiated. The practicability of inclusion of payments for obtaining appropriate special permits (licenses), which are granted not only for the use of natural resources but also for the activities related to environmental pollution, in the system of economic mechanisms for ensuring the rational use of natural resources is substantiated. The practical importance of the study. The expediency of introducing in Ukraine the approach of financial substantiation of national and regional programs in the sphere of natural resources utilization, which are realized at the expense of state and local budgets and successfully applied in foreign countries, is proved. The originality of the research. The results and conclusions of th e research can be used in the process of improving the legal regulation of the application of economic mechanisms for ensuring the rational use of natural resources.


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