Abstract: Environmental protection and agriculture are related areas of legal regulation, closely interrelated and mutually dependent. The systems of information in the field of agriculture and information on environmental protection overlap in terms of assessing the condition of land and other natural resources used for agricultural activities, and in terms of assessing the negative impact of such activities on the environment. The purpose of the study is to determine the content and significance of environmental information as part of the information that is indicated in the acts of agrarian legislation. In the work, the author applied methods of comparison, analysis, synthesis of information. It is established that in the legislative acts regulating relations in the field of agriculture, information and information support, as a rule, are allocated structurally, terminologically, meaningfully. It is concluded that giving specialized information in the field of agriculture the status of environmental information increases the level of accessibility of information. At the same time, the legislation on environmental protection implements the concept of specifying environmental information in the list approved by the Government of the Russian Federation. This approach is associated with the problems of attributing certain information concerning the state of the environment specified in agricultural legislation to environmental information, despite their ecological content.

DOI: 10.7256/2454-0706.2023.8.43928

Abstract: The Federal Law "On the Transfer of Lands or Land Plots from One Category to Another" (hereinafter referred to as Law No. 172-FZ) was adopted in December 2004. Since then, the socio-economic situation in the country and the legislation have changed significantly. However, they were not actually reflected in the Law, since only minor changes were made to it during almost 19 years of operation of the law. Over the past time, a lot of experience has been accumulated in theoretical understanding and practical application of this law, which is discussed in this article. The author does not pretend to be a comprehensive disclosure of the topic, since it is impossible to do this in one article. Nevertheless, the article reflects the author's position on a number of controversial issues of the theory and practice of legal regulation of the relations under consideration.The scientific novelty of the work consists in the study on the basis of formal legal and comparative legal methods of the latest judicial practice, the formulation of proposals to eliminate the legal uncertainty identified in the course of the work of some concepts used in the Law and other proposals to improve legislation in the field under consideration. In the light of solving the problem of rational use of agricultural land and preventing the unjustified disposal of agricultural land from use in the agricultural sector, the scientific understanding of controversial theoretical and practical issues of the transfer of these lands to lands of other categories is of particular relevance.

DOI: 10.7256/2453-8809.2023.2.43707

Abstract: Climate has a significant impact on agricultural production. The development of climate legislation is currently relevant for both national and international legislation. The period after the accession of the Russian Federation to the Paris Agreement was marked by the adoption of a large number of regulatory legal acts in the field of climate protection, including the reduction of greenhouse gas emissions. However, this institute began its development long before this event – with scientific research and public interest, and went from international recognition of the global goal and consolidation of the principles of climate protection to the implementation of individual norms into national legislation, first, and then in the form of the formation of a system of legal regulation. This article is devoted to understanding from a legal point of view the process of legal institutionalization of public relations in the field of climate protection and, including the reduction of greenhouse gas emissions. Since our country's accession to the Paris Agreement, there has been a process of active formation of legal norms in the field of climate protection and reduction of greenhouse gas emissions, both at the level of federal laws and subordinate regulatory legal acts, as well as through the adjustment of legal norms of related legislation. That is, public relations are consolidated through the norms of law, public legal and private-law ways of influencing participants in legal relations developing in the field of climate protection and reduction of greenhouse gas emissions in Russia.

DOI: 10.7256/2453-8809.2023.2.43704

Abstract: The adoption of numerous agricultural development projects presupposes their assessment from the point of view of regulating its interaction with the natural environment. In the projects, the legislator's ideas and ideas about the combination of objective laws of nature and legal laws are visible, the importance of natural resources for the development of the agro-industrial complex is reflected, and the proper natural environment is perceived as a condition for further development of agriculture, and not as an object of protection. In general, preference is given to the impact of the natural environment on agriculture, rather than agriculture on the environment. Agricultural projects differ from environmental legislation aimed at ensuring environmental protection by the agro-industrial complex. In projects, as well as acts on the development of agriculture, priority is given to protecting the agro-industrial complex from the negative effects of the forces of nature, their use in the interests of improving food well-being, and not protecting the environment from pollution during agricultural production, although it becomes one of the most important pollutants of nature. Such a bias should be gradually corrected and agricultural development projects should include not only its dependence on nature, measures to overcome it, but also ways of conducting such agricultural production that will negatively affect the quality of the environment to a minimum.

DOI: 10.7256/2453-8809.2023.1.43705

Abstract: The state and development of the socio-economic situation in the country depends on various factors, including scientific support, qualified preparation and implementation of legislative acts. The interdisciplinary approach to the theoretical consideration of the problems of agrarian, land, environmental, international and other branches of law, conducting comparative legal studies of Russian legislation and legislation of foreign countries, supranational entities bring success. The logic and versatility of studying trends in changes in legal life, the timeliness and adequacy of responding to them are conditioned by studies of constitutional, civil, administrative, criminal, and other rules, norms and principles that make up a complex, integrating a variety of legal institutions and categories of agrarian legislation. It has its own subject, specific methods of regulation, a coherent set of regulatory legal acts. The interaction of legal science and legal realization in the field of ensuring food security and independence of the country is achieved by discussing and trying to solve emerging issues of a tactical and strategic nature at international and All-Russian scientific and practical conferences that receive rapid application, implementation, and operational reflection in the media. In different periods of the development of the agro–industrial complex, the most pressing problems of legal regulation were put forward for consideration - the delimitation and protection of property rights, the organization and improvement of the efficiency of agricultural production, affordable forms of land management and registration of real estate, administrative and criminal legal means of ensuring freedom of economic activity not prohibited by law. For half a century, topical theoretical and legal and applied problems in the field of agrarian, land, environmental law have been considered by O.L. Dubovik, Doctor of Law, Professor of the Institute of State and Law of the Russian Academy of Sciences. She is known for numerous in-depth consistent developments of lawmaking, mechanisms of law enforcement, effectiveness of law enforcement, prevention and suppression of corruption, crimes, and other offenses.

DOI: 10.7256/2453-8809.2023.1.43706

Abstract: Organic agriculture is recognized as one of the modern tools for solving both food and environmental problems. In Russia, the development of organic agriculture has been carried out only in recent decades. At the same time, according to forecasts, both domestic demand for organic products and its exports will grow. Therefore, the strategic task of the Russian state is to create an institutional basis for organic agriculture. Organic agriculture, due to its specifics, needs state support. The purpose of this article is to determine the legal approach to the mechanism of legal regulation of state support for organic producers at the federal and regional levels through the prism of the analysis of the legal regulation of measures of state support for organic producers at the federal and regional levels. Proposals have been formulated to improve the current legislation in terms of measures of state support for organic agriculture. State support is an institutional factor in the development of organic agriculture. A separate set of state support measures is needed, which is normatively fixed in addition to the general agricultural Law in the Organic Law. In the practice of rule–making, such an approach - for example, measures of state support for private households, in addition to the Law on Agriculture, are provided for in Federal Law No. 112-FZ of July 7, 2003 "On personal subsidiary farming". It seems that it is impractical to adopt a separate federal law on organic beekeeping, but it is necessary to supplement the Law on Organic Products with appropriate norms by directly indicating its application to relations on organic beekeeping, and in the Law on Beekeeping to make a reference to the Law on Organic.

DOI: 10.25136/2409-7136.2020.8.33844

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.

DOI: 10.7256/2454-0668.2020.4.29079

Abstract: The problem of ensuring public security is recognized by society and the state as an increasingly important, which is discussed by not only politicians and lawyers, but also political scientists, philosophers, and religious figures. Terrorism, taking of hostages, piracy, mass disturbances, extremism, racism and religious persecution have turned into a bitter daily occurrence. Russian and foreign criminal legislation establishes responsibility for such criminal offences. Despite the adopted conventions, the development of common positions on the prevention of crimes against public security, as well as criminal law regulations substantially differ from country to country. In pursuance of unification of criminal legislation on combating terrorism, extremism and other assaults on public security, as well as efforts taken in this regard, the author observes both, shared goals and aspirations, as well as substantial differences thereof. From this perspective, the differences and similarities of criminal law institution (community), which establishes responsibility for offences against public security in the criminal codes of Russia and Poland, are evident. Such comparative analysis would be applicable in comprising Russian and foreign experience overall, but taking into account the historical, cultural, political, geographical and other indicators, it seems reasonable to use the regulation of the corresponding criminal law prohibitions in the two indicated countries.

DOI: 10.7256/2454-0684.2019.4.30106

Abstract: The subject of this research is the relevant problems of ensuring peace and security through the use of various types of armament; conflicts emerging die to its export to the third countries; as well as the questions of financing the modernization of armed forces and manufacturing of new armament. Information is provided on the positions of German scholars of political science and experts in the field of international relation, formulated in the course of the 5th Seminar on Philosophy in the Center for Interdisciplinary Research of the University of Bielefeld. The following conclusions were made: despite the fact that the concept of peace, security, collective security, deconfliction and disarmament are reflected in multiple international documents and national legislation, there is a need for their revision and clarification, since their content defines the policy of the international community and separate countries. Arms trafficking, along with human, environmental and drug trafficking, yields high profits and often contributes to the emergence and escalation of armed, interethnic and religious conflicts. Tightening control over the production of armament is the relevant scientific and practical task.

DOI: 10.7256/2454-0706.2019.2.23764

Abstract: This article presents the content and results of the discussion of topical issues of legal responsibility that took place at the conference “At the interface of criminal law and law on minor offences: material-legal and procedural problems (Wroclaw, 2016), organized in celebration of the Rector of Wroclaw University Professor Mark Boyarsky. The author provides the pros and cons of the various versions of codification of criminal and administrative legislations: a unified whole, where the Criminal Code includes all elements of crime, i.e. codes or laws regulating administrative responsibility or norms of General and Special parts; mosaic, where the elements of crimes are contained not only in criminal law, but also in the framework of sectoral (environmental, transportation, other) legislations, correspondingly, the elements of crimes in both, the code and separate acts, or in absence of code of offences – the general norms are contained in special legislation, while the elements of administrative torts in the sectoral legislation (Czech version). The article elucidates the positions of Polish doctrine regarding vectors of reform of the criminal and administrative legislations, including types of punishment and magnitude of sanctions, thoughts that the criminal and administrative liability are becoming closer together, partially due to introduction of the institution of collective responsibility of gradual increase in the weight of administrative sanctions. The article presents examples of certain lawmaking decisions that characterize the legal systems of Poland, Slovakia, and the Czech Republic, assessing the experience of these countries in the area of regulation of criminal and administrative liability.

DOI: 10.7256/2454-0633.2019.2.30107

Abstract: The subject of this research is the documents accepted in 2018 in the European Union regulating the requirements to utilization of products made of artificial materials, including the disposable products and fishing gear (draft directive and its substantiation, pan-European strategy). The European Union recognizes the growing threat of marine pollution, harm to living resources of the sea, as well as human health due to consumption of seafood products, decrease in the volume of extracted marine bioresources, and other negative consequences of the extensive usage of plastics (inexpensive, easily transported, but hard to collect, process and dispose wastes); as well as proposes the corresponding solution measures. Familiarization with the assignments of the directive and arguments for its adoption, set forth in Rationale prepared by the European Commission, would contribute to solution of one of the most urgent issues in the area of preventing environmental pollution (primarily the World Ocean) on a global and regional scale, including Russia that still did not pass the Federal Law “On Packaging Wastes”, the system of waste sorting and recycling, lags behind the practice of the developed countries in complete recycling of disposable products. Otherwise, the accumulated wastes produce toxic effect upon the surface and ground waters, soil, air, human health, environmental security of the population and territories.

DOI: 10.7256/2454-0706.2019.2.43092

DOI: 10.25136/2409-7810.2019.1.23765

Abstract: The review characterizes the content of articles published by Polish, American, German, Bulgarian, and Czech specialists in the field of criminal law and proceedings, criminal science, the law of action and other legal branches devoted to the 70th anniversary of the rector of the University of Wroclaw, professor Mark Bojarski. The information about the criminal legal aspects of responsibility for actions shows that the models for codification of such provisions and the models for typification of infringements on the protected legal advantages are fundamentally different in different countries. Unlike the situation in Russia, where criminal law and administrative law are codified (the Criminal Code and the Administrative Offences Code, and the laws of Russia’s territorial units), in most other countries, together with criminal codes (laws), regulating the responsibility for crimes and actions, laws and other legal acts exist containing the compositions of crimes and malefactions and offences, and malefactions are considered as criminal offences (in Poland, France, etc). The authors use such research methods as dialectics, deduction, induction, and the comparative-legal method. The review reflects the estimations of the current state of the legislation, its gaps and drawbacks, the experience of reforming criminal responsibility, the arguments in favour of law-making decisions and particular disputable issues. The article represents the snapshot of the current state of legal thought focused on the problem of combating crime and offences and overcoming their socially detrimental consequences. The authors discuss theoretical background for searching for the criteria to differentiate crimes, malefactions, administrative delicts, and for creating the system of sanctions.

DOI: 10.7256/2454-0633.2018.4.27597

Abstract: The concept of climate protection was created upon the initiative of environmental scholars and legal experts of multiple countries, supported by the forward-minded politicians, introduced to public consciousness, implemented in the extensive legislative acts of the international environmental law, by the governments and public associations. The consequences of climate change are evident for the planet. However, the opposition of climate protection refuse to discharge their obligations on reducing the emissions of greenhouse gas and other harmful substance into the atmosphere, which cumulatively lead to the global warming effect, formation of ozone holes and other negative aftermath for the environment and peoples’ health. Besides the analysis of regulations of the Paris Agreements, the authors examine the core international legislative acts that served as a prerequisite for its adoption; explore the mechanism for implementation of Paris Agreement in the decisions passed in the 22nd and 23rd UN Climate Conferences, political views of separate countries, and legal regulation of this question in the Russian legislation. The Russian foreign policy concept stipulates the provision of environmental security and counteraction of climate change through formulation of the scientifically substantiated approaches towards preservation of favorable environment and expansion of cooperation with all countries for meeting the demands of the current and future generations. It is noted that despite the implemented measures on preventing the possible and resolving the already existing environmental-legal conflicts between the states, regions, environmental aspects and businesses that emerge in the area of climate protection, there is a possibility of aggravation of relations between the parties with regards to reducing the emissions of greenhouse gases.

DOI: 10.7256/2454-0706.2017.3.22161

Abstract: This article provides brief information on discussion of the modern issued of the criminal and medical law in Poland, taking into account the experience of other stated in regulation of responsibility of the physicians, trends of implementation of the norms of international, European, and foreign legislation into the Polish national legislation. The work covers the assessment of lawmaking decisions in the field of human rights, primarily protection of women’s right who undergone domestic or other type of violence, or faced the rejection in providing the medical aid and services. The author presents the data on peculiarities and achievements in the medical and criminal laws of Germany, United States, Switzerland, France, and other states, which could be used for the purpose of improving the Polish legislation in order for it to meet the European and international standards, as well as for combatting corruption and other negative phenomena. The article also highlights the position of Polish juridical science and practice with regards to human trafficking or hate crimes. Characteristic is given to the attitude of the Polish medical legal experts and human rights advocates towards the decision of the Constitutional Tribunal of Poland pertaining to the conscience clause, lawmaking initiatives, and separate legislative acts, which were submitted for consideration of the Sejm.

DOI: 10.7256/2454-0706.2017.3.43038

DOI: 10.7256/2454-0706.2016.12.21023

Abstract: This peer review examines the basic theoretical approaches used during the course of the comparative legal research of land law in the countries of African continent, as well as describes the structure of O. I. Krassov’s monograph, which contains a combination of the general characterological features of legal systems in African countries with analysis of evolution of the land law in various African states. The work presents the author’s assessment of the impact of multiple social, economic, environmental, historical, and religious factors upon the current situation regarding the use and preservation of lands in the continent. The peer review reflects the conclusions and argumentation of the author that pertain to the phenomenon of legal pluralism as the foundation of legal systems – the so-called hybrid that combine various elements, or in other words, laws based on Islam, Pygmy common law, French civil law, customs, etc. Krassov’s position on the prevalence of negative consequence of the land reform in a number of African states over the positive is also being supported, as the ideas of private ownership to land have always been alien to people. The article analyzes the peculiarities of regulation of the women’s right to land, as well as their limitations. The substantiation of the analysis on connection between land and water laws, and the rights to land and rights to water is being highlighted.

DOI: 10.7256/2454-0706.2016.12.43013

DOI: 10.7256/2454-0706.2015.4.13329

Abstract: This review examines the methodology and results of the research on the protest movement of the German citizens. The environmental acts of protest in Germany are common and often influence the political and legal decisions made in this country. Protection of the environment is backed by a strong support from the citizens. The protests in Germany mostly aimed against various large-scale projects, laying transportation hubs, construction of environmentally unsafe objects, etc. The book describes the history of the forming of the protest movement, examines the value orientations of the activists, their motives and political positions. It reviews urban protests in Hamburg, Stuttgart and Munich, aimed at protecting the environment, including cultural, architectural and historical heritage. A special attention is given to the anti-nuclear movement that is widely supported throughout Germany and has reached great success.

DOI: 10.7256/2454-0706.2015.4.42663