DOI: 10.7256/2453-8809.2019.3.32478

Abstract: The article considers the legal grounds of innovations in the agricultural sector of modern  Russia; the authors formulate a definition of agricultural policy which establishes static characteristics of this kind of policy, and the dynamic content of the state’s activity in the agricultural field. The authors suggest establishing the key parameters of a legal innovation as a definite system of legal means and legislative solutions meant to strengthen legal regulation in the socio-economic, political, administrative and other fields of state-legal development. The authors also emphasize the content of a legal innovation of the agricultural sector of Russia which is determined by scientific and technological, geographical and biological peculiarities of spatial development and the changes of agricultural turnover, and is based on the decisions of representative authorities mainly. The authors use the formal-legal, abstract-logical, historical-legal, and comparative-legal research methods. On the basis of the peculiarities of legal regulation in the agricultural field and the peculiarities of implementation of food safety policy in modern Russia, the authors classify legal innovations in the agro-industrial sector. The article substantiates the development of the agricultural sector with account for technical innovations, system technical transformations and consideration for the interests of Russian agricultural producers. The proposals aimed at the implementation of legal innovations in the agro-industrial sector are based on the strategy of autonomous and sustainable development of Russia’s agro-industrial complex and agricultural market.   

DOI: 10.7256/2453-8809.2019.3.32534

Abstract: Conservation of plant genetic resources is an important component in addressing the challenges of ensuring food security in each state. Special attention is paid to the analysis of the use of banks of plant genetic resources as one of the effective methods of preserving the genetic diversity of both cultivated and wild plants. Traditionally existing institutions such as Botanic gardens and specially protected areas play a role in the conservation of plant genetic resources in situ. The author uses general scientific and special methods of jurisprudence including the formal-legal and comparative-legal methods, to analyze the state of legal regulation of the treatment of plant genetic resources both at the international and national level. Scientific achievements in the field of genetic research are developing at a rapid pace. Legal regulation in the field of handling plant genetic resources needs to be significantly improved. When developing legislation in this area, it is necessary to take into account its interdisciplinary nature and draw on the experience of scientists and practitioners involved in the management of plant genetic resources.Legislation in the field of handling genetic resources, including the creation of genetically modified organisms with specified properties, should be as comprehensive as possible, as well as provide a comprehensive assessment of possible risks to the environment and human health, as well as unified approaches to the organization of scientific research in this area.

DOI: 10.7256/2453-8809.2019.3.32456

Abstract: At present, there are several problems of correlation between agricultural and land law. More specifically, regulatory acts contain mutual references, dublications and regulation gaps; provisions of land law are also included in legislative acts of agricultural law at federal and regional levels. The author assesses the modern state of these branches of law at federal level and considers the character of their correlation, and the presence (or the absence) of the provisions of land law in the acts of agricultural legislation at federal and regional levels. The research is based on general scientific methods and special methods of jurisprudence, including formal legal and comparative-legal research methods. At present, legislative drafts are being developed which would ensure rational use of agricultural lands (e.g., On land organization, On land clearing). However, the author notes that these draft laws have significant drawbacks. The author substantiates the proposals for clarification of the provisions of agricultural and land legislation ensuring rational use of agricultural lands.

DOI: 10.7256/2453-8809.2019.3.32477

Abstract: The author analyzes the use of land withdrawal rules for the purpose of subsurface resource management giving special attention to the withdrawal of agricultural lands which are the essential factor of rural territories substantial development and the basis of a country’s food safety. The author touches upon such unsettled or unclear aspects of land withdrawal as the fact that if an organization has a licence to use subsurface resources, it can’t be a reason for land withdrawal per se, and the fact that the interests of the agricultural sector in the preservation of valuable agricultural land plots are not taken into account when making subsurface sites available for use, and others. The research is based on the formal legal, abstract logical,  historical legal and comparative legal research methods. Based on the analysis of judicial practice, the author arrives at the following conclusions. The forcible withdrawal of lands from bona fide owners can only be justified by extraordinary state or municipal concern or public interests. Such a justification should be contained in the request of a subsurface user for land withdrawal; this should be established in chapter 7.1 of the Land Code of the Russian Federation describing the procedure of withdrawal of lands for public needs. This requirement would help prevent the withdrawal of valuable agricultural lands from the agricultural sector.   

DOI: 10.7256/2453-8809.2019.3.32479

Abstract: The author finds out that the modern jurisprudence falls behind the pace of development of the real industrial sector, including that of Russia’s agricultural economy, therefore, all that scientists can do is to scientifically describe the objective reality. The author notes that the problem of legal regulation of agricultural entrepreneurship is aggravated by the complex character of normative regulation of this field the practice of which includes the provisions of civil, entrepreneurial, tax, labour, land, environmental and agricultural legislation. The author uses the method of analysis of legal regulations to detect the meaning of the legal provision and define the degree of its impact on the development of social relations involving the subjects of agricultural entrepreneurship. The author uses the comparative-legal method to compare, characterize and detect the peculiarities of the legal status of the subjects of agricultural entrepreneurship, and to compare the constitutional and legal provisions of foreign states regulating agricultural business. The author studies the works of foreign authors in the field of study. Based on them and on the analysis of the works of Russian scientists, the author substantiates the agricultural business legal regulation concept. The author formulates the definitions of the terms “agricultural entrepreneurship”, “agricultural business entity”, “legal regulation of agricultural business”, “agricultural organization”. The author defines the basis of legal regulation of agricultural entrepreneurship.