Administrative and municipal law - rubric Administrative law, municipal law and environment issues

Abstract: The object of the study is the relations of nature management in the Melanesian States, the subject is the legislation and doctrine in the field of exploitation of natural resources of the countries of Melanesia: the Commonwealth of Australia, the French Republic, the Republic of Vanuatu, the Republic of Fiji, the Solomon Islands, the Republic of Nauru, the Independent State of Papua New Guinea, the Republic of Indonesia. The author examines the features of the state natural resource apparatus in various jurisdictions, first of all, the management of the environment and subsoil use by executive authorities. The article examines the institution of ownership of land and subsoil, the permissive procedure for the use of natural objects, as well as contractual and directive grounds. In addition, the author addresses the problems of implementing the norms of international maritime law, explores the legal regime of the Australian Antarctic territories. The work is a new round in the theory of natural resource law of foreign countries, the relevance of the research is due to the theoretical and practical significance of the content of the article, which reflects domestic economic interests in Oceania. The scientific novelty of the presented work lies in the originality of the conclusions and the work itself, which contains fundamentally new information on the subject of research. Legal studies of Melanesia are insignificant, one of the few Russian scientific publications about this Pacific region is presented to your attention, while the available works are largely outdated, and some jurisdictions are covered in the domestic press for the first time. The author discusses with foreign scientists, analyzing foreign doctrine and legislation, and suggests using the experience of the Solomon Islands in the Russian Federation. At the same time, violations of the implementation and implementation of the norms of international maritime law in the Pacific Ocean by the Melanesian States are noted, as well as cases of the establishment of a national legal regime of Antarctic territories; it highlights not only the seizure of resource bases by the collective West, but also the incorporation of sovereign States, which is a modern form of establishing colonial dependence.

Keywords: mining licence, mining administration, mineral lease, Melanesia, International Maritime Law, continental shelf, natural resource law, subsoil ownership, land ownership, melanesian foreign investment

DOI: 10.7256/2454-0595.2018.5.26647

Abstract: The subject of the research is the legal regulation of mineral resource management in the Kingdom of Norway. In his research Manin analyzes the process of Norwegian offshore development as well as activity of subsoiul users therein. The researcher pays special attention to topical issues of mineral resource management licensing and describes the system and structure of management in the fields of environment and mineral resource. He also focuses on the issues of environmental safety of Norwegian offshore and touches upon the history of Norwegian offshore law development as well as the current status thereof. The methodological basis of the research implies general research methods (dialectical method, analysis, synthesis, analogy and others) and special law methods (formal law, state legal modelling, historical law, systems approach, etc.). The novelty of the research is caused by the fact that the author of the article presents a modern model of the legal regulation of mineral resource management in the Kingdom of Norway and describes the main milestones of its development. The main conclusion of the research is the author's statement that the Russian Federatiom may use the experience of the Kingdom of Norway in developing the offshore of northern water zones. Russia may organize a large-scale geological analysis of Russian offshore zones and outline the most promising areas for mineral resorce development based on foreign technologies and development of technical means and offshore technologies of its own just as Norway, Britain and USA did.

Keywords: Norwegian petroleum legislation, Norwegian offshore history, Norwegian petroleum operations, Norwegian licensing of subsoil, Norwegian petroleum activity, Norwegian petroleum contract, Norwegian mineral resources management, Subsoil using legal regime, Norwegian offshore, Norwegian offshore petroleum Law

DOI: 10.7256/2454-0595.2020.5.33453

Abstract: The subject of this research is the legal regime of natural resource management in the Canadian Kingdom as an example of one of the best sectoral practices of legal regulation of natural resource usage. Analysis is conducted on the normative legal acts that regulate rights to natural resource usage, delimitation of jurisdiction to “central” and “regional”, management in the area of natural resource. The object of this research is the natural resource usage relations in Canada. Special attention is given to the licensing of Canadian natural resource usage, determination of the types of licenses, and procedure of licensing. The author examines the relevant topics of taxation and fiscal stimulation of natural resource users, foreign investment, geological exploration, national and local legislation, right of indigenous peoples to natural resources, etc. The scientific novelty consists in demonstrating the current “picture” of legal regulation of natural resource usage in Canada. On the example of this kingdom, as the subject of right to ownership and use of resources, the author suggest considering an allotted plot of resources within its boundaries, while unallocated plots of resources should be counted as part of a single reserve of undistributed land (single object of law). The author proposes to conduct a mass geological survey of the Russian shelf in accordance with the Canadian model, implementation of the practice of attracting foreign investments, tax incentives, resource rent for the Russian citizens through legal construct of retirement savings, application of corporate restrictions following the example of Canada.

Keywords: Managament Restrictions, Natural Resources Rent, Canada Subsoil Using Tax, Subsoil Use Licensing, Subsoil Using Property, Canada Natural Resource Law, Subsoil Using Management, Canada Subsoil Using, Corporate Restrictions, Canada Petroleum Operations

DOI: 10.7256/2454-0595.2020.6.33546

Abstract: The subject of this article is the legal regime for natural resource in the United Mexican States. The author examines the system and structure of government branches in the area natural resource management. Special attention is given to the questions of ownership of the subsoil, allocation of powers for their administration to the federation, and foreign investment to fuel and energy complex of Russia. The object of this research is the relations in the area of natural resource management in Mexico. The author describes the users of subsoil and the procedure of accessing natural resource management, addresses the questions of taxation with regards to usage of mineral deposits, traces the trends in Mexican natural resource law in part of regulating the development of strategic sites. The main conclusion consists in the statement that constitutional consolidation of ownership of the mineral resources along with natural resources, and the authority of their management allocated to the “center” in federate and confederate states meets rather national interests and ensures protection of economic grounds of the country, security and inviolability of the constitutional order. The scientific novelty of this work consists in demonstration to the audience of “cross-section of the side track of the Mexican tree of natural resource law". The “rings on a fresh cut” give an idea on the development of this branch of law, its current state, “vectors for expansion”, as well as possess substantial originality. The author suggests “nationalization of natural resource management” within the framework of its pursuit of factual Unitarianism, leaving de jure federalism as an opportunity for historical reunification with the lost territories.

Keywords: Natural Resources Management Structure, Natural Resources Investments, Mexico Subsoil Use Licensing, Mexico Natural Resources Tax, Natural Resources Field Property, Mexico Natural Resource Law, Subsoil Using Management, Mexico Subsoil Using, Citizen Bonds, Petróleos Mexicanos

DOI: 10.7256/2454-0595.2014.1.10577

DOI: 10.7256/2454-0595.2014.1.63946

Abstract: The article concerns defining goals and priority directions of prosecutor supervision over implementation of the legislation on administrative responsibility in the environmental sphere. Taking into account the goals established in the National Security Strategy of the Russian Federation, which was adopted in accordance with the Decree of the President of the Russian Federation of May 12, 2009 N.537, the goals of prosecutor supervision correspond to the goals and aims of the Administrative Offences Code of the Russian Federation. The author draws a conclusion that the prosecutor supervision over implementation of administrative responsibility legislation in the environmental sphere is top priority sphere. In the article the author distinguishes specific goals of prosecutor supervision over implementation of legislation on administrative responsibility in the environmental sphere. The article also contains scientifically and practically substantiated key directions for the activities of the prosecutors in the sphere of such supervision. The methodological basis for the work was formed by the general scientific dialectic method, as well as some specific scientific methods used for the cognition of social and legal matters, implementation and organization of prosecutor supervision over the implementation of administrative responsibility in the environmental sphere. While choosing the main directions for the activities of the prosecutors in the sphere of supervision over implementation of administrative responsibility legislation in the environmental sphere, the author took into account the current situation in this sphere, especially the growing number of administrative offences of this type, as revealed by the prosecutor and other controlling and supervisory bodies. In the article the author singles out the main directions for the activities of the prosecutors in the sphere of supervision over the implementation of legislation on administrative responsibility in the environmental sphere for the current situation and the closest future perspective.

Keywords: prosecutor, supervision, legislation, administrative, responsibility, environmental, sphere, goals, main, directions.

DOI: 10.7256/2454-0595.2017.11.24247

Abstract: The topicality of the research issue consists, firstly, in the need to study the system and structure of administrative and legal regulation and management of subsoil use in the Islamic Republic of Iran; secondly, in the formation of a new direction of development of the administrative law science – administrative law of foreign countries; thirdly, in the use of Iranian models of legal regulation of subsoil use for the development of Russian legislative instruments; fourthly, in concretization of the activities of Iranian subsoil using organizations for the elaboration of interaction with Russian oil and gas companies; finally, in the need to define the participants of Iran’s oil activities and their functions for the detection of sectors of foreign participation and the possibility of Russia’s participation in Iran’s oil activities. The research subject is the legal regime of granting of the right to use mineral resources in Iran. The authors give special attention to the occurrence, changing and cessation of the legal status of the participants of oil activities. The authors analyze the subject composition of subsoil users on Iran’s territory and in waters, including trans-border deposits. The authors consider particular functions of each of the participants of oil activities and describe geographical areas of their oil activities. The article considers the structure of the key participants of Iran’s oil activities and a brief review of each oil and gas company. The research methodology is based on general scientific methods (dialectical, comparison, analysis synthesis, analogy, deduction, induction, etc.) and specific research methods (formal-logical, dogmatic, the method of interpretation of law, comparative-legal method, the method of state legal modeling, historical-legal method, system method, the method of forecast, etc.). The scientific novelty of the study consists, firstly, in the description of the model of normative regulation of subsoil use management in the Islamic Republic of Iran via the network of affiliated persons of the National Iranian Oil Company; secondly, in the publication of materials, which have been previously published only in Farsi, about the structure of Iranian oil and gas companies and the functions of their departments; thirdly, in the definition of the range of Iranian users of mineral resources for the purpose of including Russian entities after the lifting of international sanctions against Iran; fourthly, in forecasting the development of the Iranian model of subsoil use due to the influence of hydrocarbon extraction in this state on the formation of global oil and gas prices. Their level is used for currency earnest forecasting in the Russian budget. The authors come to the following conclusions: 1. The status of a participant of Iran’s oil activities in Iran is regulated by law and belongs to the National Iranian Oil Company; 2. Other entities acquire this status via concluding an Iranian oil contract with the National Iranian Oil Company; 3. The participants of Iran’s oil activities are the persons affiliated with the National Iranian Oil Company via oil contracts; 4. The Iranian Ministry of Petroleum is actually not a participant of oil activities, though the Iranian Parliament has adopted new legal norms, which vest it with the authorities to manage mineral resources, license and conclude oil contracts; 5. The National Iranian Oil Company and the affiliated companies are responsible for subsoil use management and subsoil use in Iran; 6. The participants of oil activities in Iran are divided into the residents of Iran and foreign legal entities; 7. The change of the status of the subsoil user of the residents is carried out in administrative order; 8. The change of the status of participants of oil activities of foreign legal entities, including investors, is regulated by the provisions of oil contracts; 9. Assignment of a contractual obligation by a foreign entity is not allowed without a consent of an ordering customer; 10. Cessation of the status of a participant of oil activities is performed by the consent of the parties to the oil contract or unilaterally in case the contractor infringes the contract if it is covered by the contract, or due to force majeure events covered by the contract; 11. The contractual system of subsoil use in Iran is gradually transforming into the administrative one.

Keywords: Iranian Foreign Investment, Iranian Carbon Fields, Subsoil User Status Cessation, Subsoil User Status Changing, Subsoil User Status Occurrence, Iranian Petroleum Contracts, Iranian Oil Companies, Iranian Subsoil Use, Iranian Continental Shelf, trans-border Deposits

Abstract: The article considers the legal protection of forests and non-forest vegetation and analyzes the development of legislation on forest protection because recently the issues of forest protection and management have become the priorities of the environmental legislation. The author of the article also reveals the rights and responsibilities of citizens in the sphere of environmental protection as well as responsibilities for violation of the environment protection law

Keywords: environment, forest relations, management of forests, protection of forests and non-forest vegetation, forest resources, timber lands, public domain, cadastral record-keeping, municipal property, ownership, protected forests, exploited forests, citizens,

DOI: 10.7256/2454-0595.2021.2.34270

Abstract: The subject of this research is the Australian federal and regional normative legal acts that regulate subsoil use. The object is public relations in the sphere of land turnover, subsurface and natural resource management in the Commonwealth of Australia. The author describes the system and structure of normative legal regulation, as well as subsoil use in Australia. The work contains a list of sources of the Australian natural resources law; analysis of their content is carried out. Special attention is given to the legal regime of exploitation of subsoil resources of the continental shelf of the Commonwealth of Australia, licensing of subsoil use, the role of British monarchy in exercising the right of ownership of land by its subjects, and the authority for subsoil management. The scientific novelty of this article consists in the disclosure of legal regime of subsoil use in the Commonwealth of Australia in the context of amendments to Australian natural resources legislation, constitutional and administrative reforms. This work reflects the economic interest of the Russian Federation and domestic organizations of the fuel and energy complex in the Oceania Region, which defines its relevance. The presented materials can be used within the framework of comparative jurisprudence, lawmaking, for educational and other purposes. The author concludes on the preservation of public legal regime of subsoil use in Australia, namely with regards to turnover of licenses and shares therein.

Keywords: Natural Resources Investments, Australian Offshore, Australia Subsoil Use Licensing, Natural Resources Field Property, Australia Natural Resource Law, Subsoil Using Management, Australia Subsoil Using, Natural Resources Management Structure, Australia Mining Law, Crown Lands

DOI: 10.7256/2454-0595.2018.11.28045

Abstract: The subject of the research is the legal regime of the subsoil use in the Socialist Republic of Vietnam. The author of the article focuses on the origin and development of the administrative and natural resource laws of our friendly state as well as their economic grounds. The rationale of the topic is caused by the importance of Russian-Vietnam bonds and the need to use Vietnam experience in the legal regulation of using land resources. In his research Manin describes the system and the structure of the subsurface resources management in Vietnam, competences of relevant agencies, and constitutional grounds of subsurface resources property rights. Manin also analyzes the licensing and agreement procedures of subsoil using, their kinds, terms and actors. The methodological basis of the research implies general research methods (comparison, analysis, synthesis, analogy and others) and special research methods (formal logical and interpretation of law methods), comparative law, historical law, systems analysis and etc. The scientific novelty of the research is caused by the fact that the author provides a systematic interpretation of Vietnam laws on subsurface resources and describes the mechanism of state regulation in this sphere, kinds of gas and oil activity in the Socialist Republic of Vietnam. The main conclusion of the research is that the Russian Federation may use Vietnam models of the state-and-private partnership in the process of subsoil use.

Keywords: Joint Subsoil Use, Vietnam Oil Contracts, Vietnam licensing of subsoil, Environmental Law, Mining Law History, Vietnam mineral resources management, Subsoil using legal regime, Vietnam Subsoil Using, Vietnam petroleum legislation, Vietnam Foreign Investment

Abstract: The authors of this article view the methodological support of prosecutor’s supervision over enforcement of environmental legislation. They prove the need in formation of a two-level system of study books which would raise efficiency of supervisory prosecutor’s activity. The authors of the article provide an example of such a study book.

Keywords: prosecutor’s office, supervision, enforcement of environmental legislation, methods of prosecutor’s supervision, system, implementation, efficiency, structure of study books, law.

Abstract: The article is devoted to topical issues related to administrative law regulation of licensing relations in the sphere of resources management in the Russian Federation and possible ways to solve them. The author of the article describes the political regime of parts of such resources of the federal significance and the system of administrative law regulation and management in this sphere.

Keywords: nature, part, federal, significance, regime, administrative, law, resources management, strategic.

Abstract: This article is devoted to some issues of legal regulation of access to environmental information by citizens of the Russian Federation, foreigners and persons destitute of nationality. The author touches upon the legal contents of the term ‘environmental information’ and views legal grounds of the right for access to environmental information emphasizing the problems of enforcement of the above mentioned right of physical entities.

Keywords: environmental information, physical entity, rights and freedoms, subject of right, legislative grounds.

Abstract: This article is aimed at describing the legal grounds for recognition of state authorities as subjects of State Environmental Control. The article considers what Russian scientists say about such a category as ‘subjects of state environmental control’ and contains an analysis of provisions of existing Russian legislation regulating supervisory powers of certain state authorities.

Keywords: state administration, environment control, subjects of the control, President, parliamentary control, Government, Prosecutor’s Office, judicial control, human rights commissioner, Presidential Administration, Security Council

DOI: 10.7256/2454-0595.2017.6.23267

Abstract: The research subject is mineral resources management in the Republic of Iran in the 19th – the 21st centuries. The authors give special attention to the formation of the national legislation of Iran on natural resources. The authors consider three stages of the modern legal regime of mineral resources management in Iran: the first – contractual – stage, the second – national – stage, and the third – normative legal (post-revolutionary) – stage. Special attention is given to the legal regime of Iran’s continental shelf and to the contracts of the National Iranian Oil Company with agents, contractors and foreign investors. The research contains the information about the formation and development of the system and the structure of governmental management of mineral resources in Iran. The research methodology is based on general scientific methods (dialectics, comparison, analysis, synthesis, analogy, induction, deduction, etc.) and specific methods (formal-legal, comparative-legal, historical-legal, the method of governmental regulation, the system method, the method of prognostication, etc.). The scientific novelty of the article consists in the fact that it reveals the historical patterns of formation and development of Iran’s legislation on natural resources; defines the stages of its formation including the legislation on the continental shelf; studies the essential terms of contracts and patents on joint mineral resources management; defines the legal status of the participants of mineral resources production including foreign investors; describes the historical dynamics of the system and the structure of state management of mineral resources in Iran; and reveals the tendencies of the further development of Iranian legislation on mineral resources management.

Keywords: Iranian mineral resources management , history of natural resources law, Legal Regime of mineral resources management , Iranian continental shelf, mineral resources management in Iran, Iranian Oil Contracts, Iranian Oil Patents, Joint mineral resources management, Iranian users of subsurface resources, Iranian Foreign Investment

Abstract: The article provides the author’s opinion concerning keeping records of activities undertaken by prosecution, administration agencies and courts to bring to administrative responsibility including responsibility in the sphere of environment protection. At the present time we do not have a uniform state statistic record of administrative offense which would reflect the practice of bringing to administrative responsibility. The author of the article suggests to legally enforce powers of prosecution agencies to conduct a state statistic record of revealed administrative offences.

Keywords: prosecutor, responsibility, administrative, supervision, jurisdiction, records, system, environment, violation.

Abstract: The author of the article touches upon very topical issues of administrative law protection of environment. It is concluded that as an object of administrative law protection, environment is not a homogeneous formation but a complex category consisting of interrelated system elements. The author also describes the three management mechanisms in the system of state control over environment.

Keywords: environment, protection, environment-related activity, assessment of impact on environment, environmental monitoring, administrative law, management, control, mechanism.

Abstract: The article analyzes the main tendencies in prosecutor’s prevention related to law enforcement in the sphere of atmosphere air protection and describes their essence. The author makes certain suggestions on amendments of the Federal law ‘Concerning Prosecutor’s Office in the Russian Federation’.

Keywords: prosecutor, prevention of violations, preventive measures.

DOI: 10.7256/2454-0595.2017.6.23440

Abstract: The research subject is the legal regime of granting the right to use subsurface resources in the Islamic Republic of Iran. Special attention is given to classification of petroleum contracts and transformation of their essential conditions in the historical dynamics with regard to different types of petroleum contracts. The authors consider upstream contracts, downstream contracts, oil and gas trade contracts and the procedure of their drawing up, agreeing, concluding and approving. The study reflects the content of objective operation contracts as a specific type of petroleum contracts and their main categories: concession, investment, production and service contracts. The authors reveal the content of new-generation Iranian petroleum contracts (IPC). The research methodology is based on general scientific methods (dialectics, comparison, analysis, synthesis, analogy, deduction, induction, etc.) and specific methods (formal-logical, dogmatic, formal-legal, and the method of interpretation of law), the comparative-legal method, the method of state-legal modeling, the historical-legal and system methods, prognostication, etc. The authors come to the following conclusions: firstly, Iranian subsurface resources are made allowable for use on the basis of a petroleum contract; secondly, the procedure of making subsurface resources allowable for use is a formalized procedure of concluding petroleum contracts; thirdly, the access to subsurface resources in Iran is possible only subject to agreed conditions of a petroleum contract, based on a standard project, with the Government of Iran and the Iranian Economic Council and final approval by the Ministry of petroleum upon indirect agreeing of the conditions of subsurface resources use with the Parliament of Iran; fourthly, the Parliament of Iran indirectly agrees upon the conclusion of petroleum contracts and each stage of their performance (petroleum operations) by means of regulation of incomes and expenditures of petroleum activities in the laws “On annual budget”; fifthly, the legal regime of subsurface resources use in the Islamic Republic of Iran is in a transitive state, and legislation on natural resources is a complex sector, which combines the interests of public and private companies in the context of growing public influence in this sphere; sixthly, Iran is planning a gradual transformation from agreement-based system of subsurface resources use to a licensing or a mixed system, from an indirect procedure of making subsurface resources allowable for use by foreign investors to a direct procedure, which would be realized without the involvement of the National Iranian Oil Company. The scientific novelty of the study consists in the fact that it considers the reasons for and the procedure of making Iranian subsurface resources allowable for use and the state-legal mechanism of subsurface resources use management including the checks and balances model in realization of the sovereign right of Iran to use subsurface resources within its water area and state territory.

Keywords: Iranian Petroleum Operations, Trade Contracts, Downstream Contracts, Upstream Contracts, Petroleum Contracts, Iranian Subsurface resources use, Carbon Buy-back, Petroleum Swap, Iranian Petroleum Contract, Iranian Foreign Investment

DOI: 10.7256/2454-0595.2021.1.33753

Abstract: The subject of this research is the legal regulation of exploitation of underground resources in the United States, while the object is the relations of subsoil usage. The author examines the system and structure of the federal executive branches that maintain the development of mineral deposits in the United States, including their functions and authority, highlighting the United States Department of the Interior and its regional branches. Special attention is given to constitutional framework of natural resource management, ownership rights to land and subsoil, its classification in causality with administration of subsoil usage, as well as centralization of the U.S. state natural resource management mechanism. The research is based on the relevant legal sources, works and theses of the Russian and foreign scholars on the subject matter. The author systematizes the information valuable for organization of the national subsoil usage; excludes the possibility of foreign influence upon the lawmaking in Russian through determining unfavorable norms and methods of economic regulation, namely with regards to subsoil management in the constituent entities. The article contains both, new records and previous data, which is constantly being updated. The author’s recommendation of introduction in the Russian Federation of the list of “cooperating countries” may serve as an effective instrument of economic policy.

Keywords: Department of Interior, Natural Resources Management Structure, Natural Resources Investments, interstate compact, USA Subsoil Use Licensing, Natural Resources Field Property, USA Natural Resource Law, Subsoil Using Management, USA Subsoil Using, USA Constitution

Abstract: The article includes analysis of judicial means of resolution of administrative disputes in the sphere of use of environment, then the authors give their positions on possible improvement in this sphere. The special bodies, which possess maximum independency from the influence of parties to the dispute, as well as the prerogative to perform judicial function in the sphere of their competence, may form the due organizational basis. In various states this role is given either to the courts of general jurisdiction, or specific administrative courts, or other specialized courts with the judicial powers in the administrative cases. The hearing of these cases falls within the framework of principles and norms of judicial procedure. The judicial form of resolution of administrative disputes includes two key components: specifically organized system of courts, and the judicial procedure on administrative cases. It is also necessary to introduce the term “administrative judicial procedure” in Russia.

Keywords: administrative disputes, dispute resolution, conflict, administrative legislation, improvement of legislation, environmental management, administrative responsibility, administrative offenses, judicial methods of dispute resolution.

Abstract: The article underlines that nowadays we are very close to actually solving the environmental issue. We only need to create and promptly implement new legal initiatives in this sphere. New and better environmental laws must be made as soon as possible and cover all sides of modern environmental situation. We also need to activate all legal mechanisms for the purpose of preservation and rational use of natural resources and preservation of favorable environment for the present and future generations.

Keywords: environmental catastrophe, environmental activity, environmental issues, rational use of natural resources, Environment Protection, oil production, environmental situatation, environmental laws.

DOI: 10.7256/2454-0595.2023.2.40851

Abstract: The object of the study is the relations of nature management in the Polynesian States, the subject is the legislation and doctrine in the field of exploitation of natural resources of the Polynesian countries: the United States of America (Hawaii, American Samoa, unincorporated territories), the Kingdom of New Zealand (Cook Islands, Niu, Tokelau), the United Kingdom of Great Britain and Northern Ireland (Pitcairn Islands), an Independent State Samoa, the Republic of Kiribati, the Kingdom of Tonga, the Kingdom of Tuvalu, the French Republic (French Polynesia, Wallis and Futuna), the Republic of Chile (Isla de Pasqua and Juan Fernandez). The author examines the features of the state natural resource apparatus in various jurisdictions, first of all, the management of the environment and subsoil use by executive authorities. The article examines the institution of ownership of land and subsoil, the permissive procedure for the use of natural objects. In addition to the traditional, the researcher identifies a new type of property – family ownership of land, distinguishing it from communal, tribal and ancestral, and also draws attention to the inequality of ownership forms and discrimination in this area by the English crown of formally independent states and their citizens. The work is a new round in the theory of natural resource law of foreign countries, the relevance of the research is due to the theoretical and practical significance of the content of the article, which reflects domestic economic interests in Oceania. The scientific novelty of the presented work lies in the originality of the conclusions and the work itself, which contains fundamentally new information on the subject of research. This is one of the few scientific publications in the World on the natural resource law of the Polynesian States. The author discusses with foreign scientists, analyzing foreign doctrine and legislation. At the same time, violations are noted in the implementation and implementation of the norms of international maritime law in the Pacific Ocean; the creation by the collective West of natural resource reserves, regulatory legal bases and state mechanisms for the exploitation of the Polynesian environment in case of need (economic need and (or) global conflict).

Keywords: Pacific Ocean, Polynesian Subsoil Use Management, Polynesia, Polymetallic Nodules, International Maritime Law, Continental Shelf, Natural Resource Law, Subsoil Ownership, land Ownership, Land Court

DOI: 10.7256/2454-0595.2015.7.14340

Abstract: The study focuses on the analysis of particular aspects of public administration as an activity in the sphere of supervision and control; identification of the problems and contradictions of modern administrative law in the sphere of nature management and environmental protection; consideration of the relationship between the concepts of "control" and "supervision", differentiation of these terms according to the subject composition; development of proposals for the optimal resolution of particular problem issues in this area; identification of the need for amendment, changes of the wordings and versions of several articles of the regulations; amending of the regulation on the state environmental supervision.The methodology of the study is based on the analysis of the literature and legal acts, comparison of the wordings of the relevant provisions of laws and regulations, and revelation of contradictions and inconsistencies.In the conclusion the author formulates the new provisions on public administration in the field of supervision and control as an activity of authorized bodies and organizations, mainly, the executive bodies, regulated by normative acts; these organizations provide the observance of the law, have public authorities and act in the public interests. The author offers the ways of optimal solution of particular problem issues, reveals the necessity to amend and change the wordings and the versions of particular normative acts, and to amend the regulation on the state environmental supervision.

Keywords: powers, nature management, environmental control, state environmental supervision, Executive authorities, Government, public administration, administrative legislation, discrepancies in the legislation, environmental protection

DOI: 10.7256/2454-0595.2015.7.66667

DOI: 10.7256/2454-0595.2013.7.62978

Abstract: The article contains analysis of normative requirements to the procedure of drawing up and contents of other types of protocols, which are used in administrative cases on environmental offences. The author compares the provisions of the Administrative Offences Code of the Russian Federation and the Federal Law “On the protection of rights of legal entities and individual entrepreneurs in the sphere of implementation of state control (supervision) and municipal control” of December 26, 2008, N. 294-FZ regarding legal regulation of the procedural acts of the same title: examination, seizure, taking samples. The author also provides examples of decisions of the Arbitration Courts on certain cases, showing the ambiguity of existing judicial arbitration practice, which is due to the contradictions in the provisions of the above-mentioned Federal Law and the Administrative Offences Code of the Russian Federation regarding legal regulation of the procedural acts of the same title: examination, seizure, taking samples. The article contains a conclusion that in the administrative cases the protocols of taking samples and protocols of seizure under the Federal Law N 294-FZ of December 26, 2008 should be regarded as “other types of documents”, to which the provisions of the Administrative Offences Code of the Russian Federation on other types of protocols regulating examination of premises and territories belonging to legal entities and individual entrepreneurs, objects and documents therein, seizure of objects and documents, taking samples should not apply.

Keywords: other types of protocols used in cases on administrative offences, examination, seizure, taking samples, proof in administrative cases in the sphere of environmental protection, punishment, responsibility, control, regulation, jurisdiction, competence, authority.

DOI: 10.7256/2454-0595.2014.9.12711

DOI: 10.7256/2454-0595.2014.9.65456

Abstract: The object of this article involves analysis of legal regulation of public relations appearing in the sphere of dealing with consumption and production waste, as well as the judicial practice in the sphere, recognizing the “fault” of the local administration (Administrations of the municipal units) in cases when economic entities and owners of plots of land fail to perform their obligations to guarantee the constitutional rights of citizens for a safe environment, while not sufficiently studying the entire complex of legal regulation of this type of environmental relations. The study involved general scientific methods (dialectic, functional, logical) and special legal methods (comparative legal studies, formal legal method, method of legal modeling, etc.). Based upon the analysis of the complex of normative legal acts in the sphere of guaranteeing the environmental rights of citizens and existing judicial practice the author draws a conclusion that concept of exclusive responsibility of municipal bodies for the violations of environmental, sanitary, epidemiological and other legislation by the economic entities (such as appearance of unsanctioned dumps of consumer and industrial waste in the territories of municipal entities) is doubtful. The author supposes that exclusion of the natural persons and legal entities owning the waste as well as owners of plots of land from responsibility for unsanctioned waste dumps make these person feel their impunity, while making municipal bodies responsible for the liquidation of waste dumps, is not reasonable.

Keywords: supreme court, constitutional court, municipal self-government, constitution, environmental rights, consumption waste, judicial proceedings, judicial practice, sanitary legislation, local issues.

DOI: 10.7256/2454-0595.2014.10.12311

DOI: 10.7256/2454-0595.2014.10.65564

Abstract: In the process of organization and implementation of prosecutor supervision over the compliance with the legislation on administrative responsibility in the environmental sphere, it is first of all necessary to cover all of the scope of the competent government bodies and officials involved in administrative prosecution in this direction within the scope of such supervision, since these bodies and officials often violate the federal and regional legislation, casting a negative influence upon rights, freedoms and lawful interests of the persons, official and legal entities. Methodological basis for the study was formed with the general scientific, dialectic and specific scientific methods of cognition of social and legal events in the sphere of implementation and organization of prosecutor supervision over the compliance with the legislation in the sphere administrative responsibility for violations in the sphere of environmental protection. Analysis of the current legislation has shown that the system of government bodies implementing the legislation on administrative responsibility in the environmental sphere falling within the scope of prosecutor supervision has certain specific features, which is due to the distinction between the federal administrative offences and the offences provided for by the laws of the constituent subjects of the Russian Federation. The competence in the sphere of application of the said legislation is spread among the federal executive bodies (federal ministries, services, agencies), their territorial bodies and structural divisions, they are transferred to the executive bodies of the constituent subjects of the Russian Federation and municipal bodies according to the spheres of competence of the Russian Federation and its constituent subjects. The article provides a clear view on the system of government bodies applying the legislation on administrative responsibility in the environmental sphere, facilitating the due prosecutor supervision in the said sphere.

Keywords: prosecutor, supervision, administrative, responsibility, environmental, sphere, prosecutor, system, bodies, power.

DOI: 10.7256/2454-0595.2014.10.12142

DOI: 10.7256/2454-0595.2014.10.65565

Abstract: The article provides analysis of the environmental functions of the municipal self-government bodies according to the legislation of the Russian Federation and of the Komi Republic, namely, the environmental functions of the representative municipal bodies and competence of executive bodies of municipal entities, heads of municipal entities – head of the Administration of the City District. The object of studies is regulated in much detail in the current legislation. The author has analyzed the system of the specific environmental functions of the municipal bodies, as well as some problems appearing in the process of their implementation. The process of writing the article involved the following methods: philosophical (dialectic, metaphysical), general scientific methods applied at the empiric (observation, measurements, etc.), and theoretical cognition levels (idealization, formalization). The article also involved specific scientific cognition methods, such as comparative legal method, statistical and historical method). The study of specific environmental functions of the municipal bodies (representative bodies of certain municipal formations, executive municipal bodies) in the territory of the Komi Republic was held for the first time within this research. Agreeing with some legal scholars, the author makes a conclusion that among the main shortcomings of the current environmental legislation at the local level the main ones involve lack of flexibility and overlapping competences (in spite of the differences between the municipalities on the quantity of residents, financial, environmental elements, etc.) of the municipal self-government bodies.