DOI: 10.7256/2453-8809.2022.4.39501

Abstract: Using the comparative legal method, the article analyzes the provisions of recently adopted Federal laws regulating, respectively, the production of organic agricultural products and products with improved characteristics (hereinafter referred to as improved products), which are important vectors for the development of a "green" economy in Russia. The purpose of the study is to identify the similarity of these two laws and the main differences between them and to determine the feasibility of the existence of two laws regulating largely identical relations. When writing the article, along with the mentioned comparative legal method, general scientific and special legal methods (analysis, generalization, formal legal, etc.) were used. This made it possible to establish the advantages and legal and technical, as well as substantive shortcomings of the normative legal acts under consideration and to come to conclusions with a certain degree of scientific novelty. In particular, the study showed that both the developers of the Law on Improved Products and many scientists consider improved products as "green", environmentally friendly, i.e. as a kind of organic products, and if this is so, then, in the opinion of the author, there was no need to adopt a Law on improved products. If some relations were still insufficiently clearly regulated, it would be possible to make appropriate changes to the Law on Organic Products (for example, to introduce different types (categories) of such products "according to the degree of their organicity"), rather than adopt a duplicate law. But, assuming that the Law on Improved Products is unlikely to be repealed, the article proposes to more clearly define the range of relations regulated by each of the Laws under consideration, make the concept of improved products more informative, clarify that relations for the production of improved products are regulated not only at the federal level and solve a number of other issues.

DOI: 10.7256/2453-8809.2021.3.37211

Abstract: The subject of consideration in this article is the trends in the development of agrarian and legal research conducted by the scientists of the Russian Federation and the Republic of Belarus.The purpose of the study is to identify the problems that currently attract the attention of scientists and which, by and large, are common to both states, and to analyze the ways proposed by the researchers for legislative solutions to these problems.When writing the article, general scientific and special legal methods were used (analysis, generalization, formal legal, comparative legal, historical). This made it possible to reveal the current state of the agrarian legislation of the two states, to identify the strengths and weaknesses of the legal regulation of relations in the agricultural sector of the economy, including gaps and contradictions, to outline areas for improving legislation.The legal problems of maintaining the balance of public and private interests in the agricultural sector, ensuring food, environmental, biological safety, issues of classification of agricultural sectors, organic agriculture (including aquaculture), the use of GMOs in the production of agricultural products are analyzed. Attention is paid to the issues of the legal status, state support and protection of the rights of agricultural producers and a number of others.The scientific novelty consists in the formulation of conclusions that develop the theory of agrarian law, and practical proposals for improving the legal regulation of relations in the agricultural sphere both in Russia and in the Republic of Belarus.

DOI: 10.7256/2453-8809.2020.4.35337

Abstract: The subject of research in this article is social relations in the field of ensuring biological safety by means of administrative actions for the violations of legislation in the field of handling and disposing of animal and biological waste.  The purposes of the research are: analysis of doctrinal approaches to defining the terms “animal waste” and “biological waste”; legal assessment of using the provisions of the Administrative Offences Code of Russia establishing responsibility for the violation of rules of handling and disposing of the above mentioned types of waste; formulation of proposals aimed at the clarification of particular provisions of veterinary rules.  The research is based on general scientific and specific research methods (analysis, generalization, the formal-legal, comparative-legal and historical methods). They help the author to consider the evolution of the term “biological waste”, and to define its merits and flaws during the operation of the 1995 Veterinary rules for the collection and utilization of biological waste as compared with the current rules of 2020. The author analyzes disputable issues appearing in judicial practice when considering cases of the violation of veterinary and sanitary rules of biological waste disposal, and describes her own opinion which is not always in line with the position of commercial and regular courts. The scientific novelty of the research consists in the conclusion about the common goals of legal regulation of responsibility in the field of handling and disposing of animal and biological waste and the necessity to regulate them in one chapter of the Administrative Offences Code, rather than in different chapters as they are regulated now. The author states the necessity to clarify the terms “biological waste” and “animal waste” and to consider some of it as recyclable materials. The author attempts to differentiate between the types of waste under study and other types of waste (including food waste of animal origin).