Legal Studies - rubric Ёкологическое и земельное право
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MAIN PAGE > Journal "Legal Studies" > Rubric "Ёкологическое и земельное право"
Ёкологическое и земельное право
Belolyubskaya G.S. - Legal Regulation of Collection of Mammoth Fossils Remains in the Russian Federation pp. 1-11


Abstract: Severe measures of fighting against illegal sale of mammoth fossils undertaken by the global community have caused the boom on the mammoth fossils market. Considering that the greatest part of the mammoth fossils remains has been discovered in the territory of the Russian Arctic, the legal regulation of mammoth fossils in Russia is of pure research interest. In her article Belolyubskaya analyzes peculiarities of the legal regulation of this sphere at the federal and regional levels in the Russian Federation. Until present, the federation constituents have been playing the main role in collection and extraction of mammoth fossils. However, the boom on the mammoth fossils market have resulted in the need to adopt a federal law that would declare mammoth fauna remains as the natural resource of the country. The researcher has analyzed legal documents of both federal and regional levels that regulate the processes of collection and extraction of mammoth fossils. As an example, the researcher analyzes the legislative experience of the Republic of Sakha (Yakutia) where regulation of the turnover of mammoth fossils has been under close attention since the 1990s. The researcher focuses on whether mammoth fossils should be declared as natural resource and possible consequences of such decision for native communities of the Russian Arctic. 
Kudelkin N. - Legal issues of compensation for damage caused to the environment as a result of oil spills pp. 1-12


Abstract: The subject of this research is the set legal norms that regulate public relations arising in the process of compensation for damage inflicted to the environment as a result of oil spills. The goal of this work consists in formulating the theoretical and practical conclusions and proposals on the improvement of the institution of compensation for environmental damage as a whole, and the legal aspects of compensation for damage inflicted to the environment due to oil spills in particular. The relevance of this topic is substantiated by the statistical data; for example, in the Arctic Zone of the Russian Federation, the total area of disturbed land as of 2019 was 218,641 hectares, and most of them (according to the data for the entire observation period) were formed due to the extraction of mineral resources, as well as a result of oil and spills during their transportation. In 2019, 17, 000 accidents related to oil spills took place in the Russian Federation, among which 10, 500 were the accidents on oil pipelines. The article explores the questions associated with compensation for environmental damage. The analysis of the effective legislation in this sphere and its practical implementation allowed making a range of conclusions It is noted that the mechanism of compensation for environmental damage in the Russian Federation has significant flaws, namely with regards to compensation for damage in kind, offsetting the costs incurred by the infliction of environmental damage to repair such damage. The issues related to the procedure of disbursement of compensation for environmental damage to restore the state of the environment remain open and virtually unresolved. Recommendations are made on solution of the indicated problems.
Letuta T. - Civil Means and Methods of Environmental Harm Prevention (the Case Study of Regional Trial) pp. 18-30


Abstract: The object of the research is civil relations arising in the process of environmental harm prevention. The subject of the research is the standards of civil law and regional trials as well as researches. The author of the article pays special attention to answering the question whether Article 1065 of the Civil Code of the Russian Federation establishes environmental protection means as fully as possible, what means of civil protection can be used by complainants and whether the structure of Article 1065 of the Civil Code is efficient enough. Based on the research objectives, the author of the article has used such research methods as systems analysis allowing to cover a wide range of materials and to discover gaps and inconsistencies of references rules in The Law On Environmental Protectino and Civil Code as well as analysis and generalisation to work with trial materials and to make conclusions. The main conclusinos of the research are the following provisions. There is no direct mechanism for the implementation of provisions of The Law on Environmental Protection through Civil Code rules. Thus, the author offers better ways of implying civil means including protection of estates and property rights. Letuta offers her own variant of civil protection means that can be used to prevent environmental harm in certain cases. The author also gives her own variants of amendments and changes in the civil law that would ensure better implementation of the provisions of Articles 34, 56 and 80 of The Law on Environmental Protection. 
Vinnitskiy A.V., Kruglov V.V., Solovev M.S. - To the question on the priority of the natural form of compensation for damage caused to the environment (on the example of water objects and soils) pp. 18-30


Abstract: The subject of this research is the provisions of current environmental and civil legislation that establish the grounds, procedure and forms of compensation for damage caused to the environment. The article examines, generalizes and critically analyzes the practice of the Constitutional Court of the Russian Federation, Supreme Court of the Russian Federation, and arbitration courts on consideration of disputes related to the compensation for damage caused to the environment. Special attention is given to the decision of the Constitutional Court of the Russian Federation No.12-P of 06.02.2015 and the decree of the Plenum of the Supreme Court of the Russian Federation No.49 of 11.30.2017. The article employs the results of environmental legal and cognate scientific research. The conclusion is substantiated on the priority of the natural forms of compensation for damage caused to the environment; in the instance of full or maximum possible compensation, it requires taking prompt measures for the effective restoration of the damaged environment. The author it is substantiated that the questions of possibility for conducting recovery works, their volume and terms can be submitted to legal examination directly in the context of resolving a dispute on the compensation for damage caused to the environment (regardless of the development of recovery project at the pretrial stage). It is noted that such mechanism of proof gains special relevance in case if the time interval between the date of detection of pollution and prior to submission of a claim is insufficient for the development of recovery project through extrajudicial procedure.
Belolyubskaya G.S. - Legal regulation of protection of paleontological objects: the experience of Canada pp. 26-38


Abstract: The protection of paleontological material holds one of the central places in the sphere of conservation of the objects of historical-cultural heritage. Each country has its own legal traditions and system on the protection of fossil objects on their territory. Attention is given to legislative regulation of the search, acquisition and collection of paleontological objects in Canada. The experience of this country is of particular interest for the Russian practice. Unlike other countries, Russia and Canada have similar climate, geography and natural conditions, presence of permafrost and deposits with fossils. Therefore, Canadian experience in e protection of paleontological objects deserves close consideration. The analysis of legislative acts of the provinces and territories of Canada reveals the peculiarities of legal regulation in this area and organization of government system on the protection of fossil deposits. The novelty of this work consists in placing the emphasis on the formation and distribution of proprietary rights to fossil objects and permeniralized fossils. The following conclusions were made: as a cultural-historical value, all fossil objects are owned by provinces and territories, which prevents them turning into sales unit; organization of protection of paleontological objects has a horizontal structure with priority of provincial and territorial authorities, rather than federal.
Kozhokar' I.P. - On the relevance of improving legal regulation of the turnover of shares in the right of common ownership of the agricultural land plots from pp. 28-37


Abstract: This article explores the problem of regulation of the turnover of shares in the right of common ownership of land plots of agricultural designation. The author substantiates the relevance of improving the current legislation, first and foremost due to annual increase in the number of unclaimed shares of agricultural lands and the impossibility of their use in civil circulation. Analysis is conducted on the existing procedure of recognizing the land shares unclaimed and their transfer to municipal ownership, indicating its inefficiency. The article considers a proposal on the amendment of civil and land legislation with regards to simplification of the grounds for transferring such objects to municipal ownership via their possible recognition as unowned property, changing the procedure for transferring such shares to municipal ownership, as well as specifying the grounds for terminating the ownership right of the subjects to unclaimed land shares in the right of common ownership of land plots of agricultural designation. The article analyzes criticism of the experts towards such initiative, objections against possible application of the Article 225 of the Civil Code of the Russian Federation to subjective rights, since it contradicts the existing concept that allows usage of rules on acquisition of the unowned property only to physical objects, as well as potential extension of the rules on terminating the property ownership. which cannot belong to an individual, in cases when the share holder in the right of common ownership on the unleased land plot of agricultural designation, would not allocate a plot assigned to him within a certain period of time.
Dubovik O.L. - Criminal law and environmental protection: real potential and limited capabilities in the context of modern environmental crises pp. 30-38


Abstract: Environmental crimes statistically comprise an insignificant portion in overall crime structure, based on the number of reported cases and settled cases; the level of their latency remains high. The traditional types of offences, such as unlawful logging, hunting, extraction of water bio resources, prevail within the Russian registered cases of environmental crime, although their latency is undoubted. The vast majority of instances of criminal environmental pollution (water, atmosphere, marine environment, soil), violations of rules in handling environmentally hazardous substances and waste are not recorded, and thus do not receive due legal assessment. Currently, there is a wide variety of threats to the environment, environmental rights and interests, life and health, public and territorial security, which are complex in their structure, causes, consequences, and dynamics, and often interrelated with other social and economic factors. Among most urgent and large-scale threats, the author determines climate change, world ocean waters pollution, decline in biodiversity, wildfires, and in the long view – pollution of near-earth space environment. Environmental experts actively discuss the means for preventing such threats, including legal ones. Criminal law should also contribute to this activity.
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


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


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. 
Ta V.K. - Legal Regulation of Environmental Protection in Industrial Parks of Asian States: the Case Study of Vietnam pp. 51-58


Abstract: The article is devoted to the issues that may arise in the process of legal regulation of environmental protection in industrial parks of a number of Asian states. The researcher analyzes the experience of particular countries in developing their legal policy of environmental protection in industrial parks. Based on the analysis of legal acts that regulate environmental protection in industrial countries of some Asian countries, the author of the article proves that the legal base of the aforesaid problem is better regulated in other Asian countries compared to Vietnam. The author has applied the following research methods: comparative law analysis (to compared Vietnam and other Asian states' laws on environmental protection) and statistical analysis (to analyze particular aspects of law-enforcement practice). The author emphasizes the importance of a developed system of legal acts that regulate activity of industrial parks and environmental protection in such parks. The law-making experience of the states analyzed in this research may be useful for successful implementation of similar laws in Vietnam. 
Danilova N.V., Karimova S.A. - On the concept of environmental damage pp. 72-77


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. 
Kudelkin N. - Legal issues of prevention and response to accidental spills of petroleum products pp. 74-84


Abstract: The subject of this research is a set of legal norms that regulate social relations in the area of prevention and response to accidental spills of petroleum products. The goal of this work consists in formulation of theoretical and practical conclusions and recommendations aimed at the improvement of legal regulation in this sphere. The relevance of the selected topic is defined by the fact that accidental spills of hydrocarbons is an urgent concern for the Russian Federation. The official data indicates over 17,000 accidents occurred at enterprises of the fuel and energy complex in 2019. The due regulation of prevention and response to spills of petroleum products is definitely one crucial elements in ensuring environmental security of the Russian Federation. The article examines the legal support issues with regards to prevention and response to accidental spills of petroleum products. Based on the analysis of the effective legislation, the author makes a number of conclusions and recommendation. It is noted that the norms regulating the relations in this sphere are for the most part dedicated to the issues of localization and elimination of the spills of petroleum products, i.e. measures taken after the spill. Such crucial problem as the prevention of spills of petroleum products and environmental damage is not given due attention in the legislation. The author also formulates the principle of advanced development of environmental legislation, according to which the legislative and technical regulation of the activity posing heightened risk to the environment and (or) associated with the use of natural resources should be proactive.
Kurbanov R.A. - Legal regulation in the sphere of renewable sources of energy and environmental protection (Mexico). pp. 92-106


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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