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MAIN PAGE > Journal "Legal Studies" > Rubric "Экологическое и земельное право"
Экологическое и земельное право
Nikonovich S.L., Avdalyan A.Y., Bocharov A.V. - The Influence of the Spanish Mining Law on the Legal Regulation of Argentina's Mining Industry pp. 31-37

DOI:
10.25136/2409-7136.2018.8.25216

Abstract: The research offers a brief description of the main provisions of the Mining Code of Argentina of 1886. They specify the influence of the Spanish mining law on the mining law of Argentina. The law divides all mining companies into three classes and regulates the extraction of mineral resources (mining), permissible areas and registration of lands with mineral resources, issuance of temporary permits and mining licenses, transfer of promising areas to concession or property, payment of mining taxes and levies to the public treasury, etc. depending on which class a company is referred to. In their research the authors have applied the general dialectical research method as well as special research methods such as comparative law, historical and formal logical analysis. In conclusion, the authors state that the mining law of Argentina has been developoing on the basis of Spanish mining law in particular and European mining law in general. For example, the mining law of Argentina adopted the principle of mining freedom that means that everyone may seek for and extract mineral resources in state or private territories. The law also defines the actors of the mining law and rules for issuance of temporary permits and mining licenses for the search and developmkent of mineral resources, permissible sizes of mining leases, the procedure of transferring mining leases to concession or property, the procedure of the seizure of the mining lease, and payment of mining taxes and levies. The mining code of Argentina of 1886 is the legal basis for the creation and development of civilized mining industry of Argentina. Over century and a half the law has been regulating the processes of the search for and extraction of mineral resources. The republic has a lot of places where various kinds of ore and minerals are extracted, thus the mining law contributes to the success of mining in the region.  
Mironchik A.S., Kachina N.V. - Social Danger of Environmental Crime in the Need of the Review of the Punitive Policy pp. 38-47

DOI:
10.25136/2409-7136.2018.8.26777

Abstract: In this article the authors present statistical data about the number of registered environmental crimes in the Russian Federation including in the Siberian Federal Okrug and Krasnoyarsky Krai and prove that environmental crime is quite a common phenomenon. The authors reveal issues of the harmful influence of this type of crime on the integrity of the ecosystem as well as other spheres of human activity. The authors carry out a detailed analysis of the nature and degree of the social danger that may be caused by this type of crime, for example, illegal logging. They analyze a set of planned legislative measures aimed at enforcing the criminal liability for envirommental crime. In the course of their research the authors have used such methods as the dialectical materialistic research method, and special research methods such as formal law, comparative law, structured system, criminological and linguistic analysis. They offer their own legislative measures that would raise criminal liablity for environmental crime. The authors underline that their measures will raise efficiency of the counteraction of enviromental crime and conclude that criminal sanctions for environmental crimes should be efficient, coherent and play a deterrent role. They should also correspond to the nature and degree of the social danger that may be caused by environmental crimes. 
Danilova N.V., Karimova S.A. - On the concept of environmental damage pp. 72-77

DOI:
10.25136/2409-7136.2017.7.20242

Abstract: The research subject is the definition and the essence of environmental damage. The authors note significant contradictions of judicial law enforcement practice in interpreting the essence of this type of damage and the methods of proving it. The analysis of court decisions on this category of cases shows that courts give ambiguous estimation of facts of environmental standards exceedance, and by no means always accept them as evidences of environmental damage. In the authors’ opinion, the reason of such state of things roots in the contradictions of the fundamental Federal Law “On environmental protection”. The authors use both general scientific and specific research methods: dialectical, formal-logical, formal-legal. The authors conclude that to eliminate such two-fold interpretation of this problem, it is necessary to specify the legal definition of “environmental damage”, by linking it to environmental standards. Such consequences as degradation of eco-systems and natural resources depletion should be, on the contrary, excluded from the definition, since they don’t meet the requirements of legal certainty of the norm and can’t be verified. Based on this fact, the authors propose their own formulation of the definition of environmental damage. 
Kurbanov R.A. - Legal regulation in the sphere of renewable sources of energy and environmental protection (Mexico). pp. 92-106

DOI:
10.7256/2305-9699.2014.5.11634

Abstract: The article concerns the issues of legal regulation in the sphere of renewable sources of energy and environmental protection in Mexico.  This is a topical issue for Mexico as well as for the other states, as are currently the issues of the subsoil mineral resources and, more specifically, energy carriers, as well as the issues of environmental protection. The analysis of Mexican legislation in this sphere allows one to say that the energy policy of Mexico is aimed at improvement of the energy efficiency and energy saving, development of the renewable sources of energy. However, the measures aimed at achieving compliance with the environmental legislation were taken only in the middle of 1990s, which was due to Mexico joining the NAFTA.  A number of measures in the sphere of regulating water, soil and air pollution was taken by the Mexican legislator after the Kyoto Protocol was signed. Starting from the second half of the 1990s the measures were taken in order to form the special legal basis in the sphere of environmental protection, and special institutional bodies were established.  The further improvement of the Mexican environmental legislation in this sphere depends upon the tempo and level of the integration processes between Mexico and the North American states.
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