NB: Administrative Law and Administration Practice - rubric Administrative law, municipal law and environment issues
NB: Administrative Law and Administration Practice
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MAIN PAGE > Journal "NB: Administrative Law and Administration Practice" > Rubric "Administrative law, municipal law and environment issues"
Administrative law, municipal law and environment issues
Manin I. - New Zealand Subsoil Using Legal Regime pp. 1-27



Abstract: The object of the study is the relations of subsurface use in New Zealand, the subject is the legal regulation of the exploitation of New Zealand natural resources contained in the subsurface and on the seabed - in sulfide fields. The author examines in detail the state mechanism of environmental management, paying special attention to the role of local authorities and the indigenous Maori population in the procedure for granting the right to use mineral deposits, as well as the specifics of the search and production of hydrocarbons on the continental shelf, the legal regime of Antarctica, New Zealand subantarctic territories and water areas. The article examines the institution of ownership of land and subsoil, the permissive procedure for the use of natural objects. The relevance of the work is due to its practical significance and reflects domestic economic interests in Oceania. The scientific novelty of the article lies in the originality of the work containing fundamentally new information on the subject of research - the only one in Russia and one of the few published scientific works on New Zealand natural resource law in the world. The publication analyzes the laws in the current year's edition, it can be used for comparative jurisprudence, in the legislative process, for educational, scientific and other purposes, the article contains conclusions on the text and at the end of the study. The conclusion about the sovereignty of the British Crown over the exclusive economic zone and the continental shelf of New Zealand, the proclamation of the New Zealand sovereign as the owner of the natural resources of the relevant waters, contrary to the norms of international maritime law, is important for ensuring peace and global security. The experience of municipal and parliamentary control, specialized environmental justice of New Zealand can be used by the Russian Federation.
Razov P.S. - Problems and Prospects of Legal Regulation of the Federal State Information System for Accounting and Control of Waste Management of Hazard classes I and II pp. 1-10



Abstract: The need to preserve the population, the health and well-being of people, to ensure a comfortable and safe environment for life determines the importance of a scientifically based transformation of the waste management system, including waste of hazard classes I and II. In the conditions of digital transformation, the Federal State Information System for Accounting and Control of Waste Management of hazard classes I and II has become a factor in streamlining state management of waste management. The system in question was created for the purpose of information support of waste management activities. At the same time, its creation began in 2019 and included a set of legal, organizational and informational measures. The author has determined that the implementation of this system ensures the implementation at a more advanced level of some economic and legal principles of waste management, including the principle of "polluter pays", the principle of economic incentives and the principle of proximity. At the same time, taking into account the identified problems at the present stage of development, directions for improving this system are seen, including: increasing its openness to ensure the possibility of civil control over the sphere of waste management, as well as the use of up-to-date digital technologies, including smart contract technologies that provide automatic transmission of information to the system. The author's ideas can be used to improve the legal regulation of this system and subsequent scientific research.
Kudelkin N. - Legal protection of the Arctic environment related tourism activity pp. 9-23


Abstract: The Arctic continues to attract more and more tourists. In some of the Arctic regions, tourism in general and cruise tourism in particular is becoming one of the fastest growing economic sectors. However, aside from the economic benefit, the Arctic tourism poses a certain threat to the sensitive environment of the Arctic, which currently experiences constantly increasing pressure from economic activity and climate change. Major negative consequences of tourism activity include the pollution of territories and water zones, worry of animals, direct destruction of flora and fauna, loss of the places of habitat due to infrastructure development, etc. The listed facts underline relevance of the selected topic of research, as well as the need for legal protection of the Arctic environment from negative effects caused by tourism. Analysis is conducted on the current situation in the area of Arctic tourism, as well as the questions of Russia’s Arctic policy pertaining to tourism activity. A brief overview is provided to the international legal regulation in this sphere. The author concludes on the insufficiency of legal regulation in the area of Arctic tourism, and gives recommendations on the improvement of Russian legislation. It is noted that tourism is one of the few types of activities in the Arctic that sparks interests of multiple countries, and in which the acceptance of universal standards seems possible.
Razova Y.A. - Legal Regulation of Strategic Public Administration in the Field of Environmental Protection (on the Example of the Subjects of the Ural Federal District) pp. 11-29



Abstract: In this article, the author, using content analysis based on the formal legal method, investigated strategic planning documents in the field of environmental protection at the federal level, as well as in the subjects of the Russian Federation located on the territory of the Ural Federal District. Based on the results of their analysis, the author concludes that the existing system of strategic management in the field of environmental protection includes at the federal level the decrees of the President of the Russian Federation on national development goals and development objectives, the Environmental Safety Strategy and the national project "Ecology. At the level of the subjects of the Russian Federation, it includes strategies for the socio-economic development of the subjects of the Russian Federation, state programs of the subjects of the Russian Federation (in the field of creating a favorable environment) and regional projects in this area. The author also notes that the period of implementation of state programs in the field of environmental protection differs in different subjects of the Russian Federation, and also differs from the period of implementation of national development goals and socio-economic development strategies of the relevant subjects of the Russian Federation, which requires adjustments for the harmonious development of the strategic management system. Also, according to the author, the fifth paragraph of Article 6 of Federal Law No. 7-FZ of January 10, 2002 requires correction, since it does not correspond to the provision of paragraph 8 of part 1 of Article 44 of Federal Law No. 414-FZ of December 21, 2021, which establishes the authority of the subjects of the Russian Federation to organize and implement regional and inter-municipal programs and projects in the field of environmental protection and environmental safety.
Usov A.Y. - Problems of Suing for Compensation for the Environmental Damage by Prosecutor pp. 17-21


Abstract: The article studies some problems emerging in the process of suing for compensation for the environmental damage by prosecutors. The author analyses the problems emerging in the process of suing and proceeding of the claims for compensation for the environmental damage in physical and monetary terms. The relevance of the study is due to the Ordinance by Plenum of the Supreme Court of the Russian Federation 30/11/2017 №49 that reveals a set of core issues related to the legislative execution of compensation for the environmental damage. The methodological framework of the study includes the dialectic, systemic methods, as well as the methods of analysis, synthesis, analogy, deduction, induction, observation, and others. The author has examined law enforcement practice and legal acts and proposed the solution to emerging issues. As a result of the study, the suggestions on improving the civil and fiscal legislation were stated. Furthermore, the author has elaborated recommendations for the improvement of the activity arrangement of prosecutors involved in judicial proceedings on the compensation for the environmental damage. 
Manin I. - Legal regime of subsoil use in Indonesia pp. 19-36


Abstract: The object of this research is the mining relations in the Sunda Islands of the Malay Archipelago. Analysis is conducted on the normative legal regulation of subsoil use in the Republic of Indonesia, the regime of which is uniform for subsoil zones located on island and offshore territories within Indonesian jurisdiction, but is differentiated depending on the type of mineral resources. The author meticulously examines the state mechanism of management of mining industry, placing emphasis on the role of the municipal authorities. The article examines the content of Indonesian mining and environmental laws that are the main subject of research, governmental acts, and doctrinal sources. The material contains the information on the licensing of subsoil use in Indonesia, including the recent changes therein requirements introduced in 2021. The relevance of this research lies in consideration of the existing legal problems pertaining to subsoil use in Indonesia, representations on the modern system and structure of state administration in this sphere, need of the Russian miners involved in construction of nickel clusters in the Republic of Indonesia, legal support of their business, need for the promotion of Russia’s interests in Southeast Asia. The scientific novelty consists in provision of the fundamentally new information on the subject matter, namely with regards to the licensing of subsoil use and foreign investment, as well as in formulation of conclusions, including on the basis of previously known data. The author indicates the possibility of using the Indonesian interpretation of the “residual principle” for the normative legal regulation of the Russian subsoil use.
Kuznetsova N.A. - Legal Regulation of Relations of Local Governments and Oil and Gas Companies in Environmental Management pp. 129-145


Abstract: Article is devoted to the problems of legal regulation of environmental disaster of the oil production. Environmental authority of local governments. Search options optimal allocation of environmental credentials. Over the past three or four decades at all levels of oil production there is a dangerous tendency to use the most simple very cheap technology and equipment used for drilling, downhole oil production and repair of wells that are not designed for the transport of corrosive media. Virtually all of the territory already developed fields in Western Siberia are in ecological collapse. The main complexity of modern ecological situation lies in the fact that none of the oil companies, with sufficient human and economic potential, though not in a hurry to take on full responsibility for the environment even in their activities.In addition, the solution of environmental problems has become feasible, necessary to develop and immediate implementation of the new legislative initiatives. New, more objective environmental laws must be adopted as soon as possible, and they should reflect all aspects of the modern environmental situation.Harness all the legal mechanisms for the conservation, sustainable use of natural resources, and their reproduction, preservation of favorable environment for present and future generations.
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