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Publications of Rednikova Tatiana Vladimirovna
Legal Studies, 2023-2
Rednikova T.V. - Biosecurity Law in the Context of National Security: New Threats and Countermeasures pp. 1-10

DOI:
10.25136/2409-7136.2023.2.39687

Abstract: Today, the Russian Federation has a number of strategic planning documents, federal laws, by-laws, SanPiNs and GOSTs in place to ensure the medical and biological safety of the population. The system of environmental protection legislation and legislation in the field of health care and sanitary and epidemiological support, the norms of which regulate, to some extent, the issues of ensuring medical and biological safety, has developed to a great extent. It should be noted a number of problems inherent in the whole body of legislation regulating various aspects of medical and biological safety, which require a priority solution through the consolidation of efforts of the state and representatives of legal and sectoral sciences, as well as civil society. A characteristic feature of legislation in the field of biomedical safety is that in most cases it develops in response to past or existing threats, although in today's world it is more necessary than ever to develop it in advance, taking into account the foreseeable risks. The large number of rules governing relations in the field of biomedical security, which are often in conflict with each other, greatly complicates their enforcement. Legal science faces an urgent need to develop a strategy (content) and tactics (implementation mechanism) of state-legal policy in the field of ensuring both medical and biological, and inextricably linked to it, environmental security of the state, adequate to the realities of the current stage of social development.
Agriculture, 2023-1
Ignat'eva I.A. - The Concept of "Green Economy" in Strategic Planning Documents pp. 1-13

DOI:
10.7256/2453-8809.2023.1.39657

Abstract: The article analyzes and systematizes the cases of using the concept of "green economy" in strategic planning documents at the federal and regional levels. The basis for understanding the "green" economy in Russian regulatory legal acts, which include strategic planning documents, are international-level agreements. Thematic reports of official international organizations are also of some importance. The main characteristics of the "green" economy made at the international level are emphasized: environmental taxation, energy efficiency improvement, reduction of consumption of natural resources, reduction of waste, use of renewable energy sources, development of a low-carbon economy, etc. The general context of understanding the "green" economy at the international level is also important. It is connected both with the concept of sustainable development and with the realization of the task of poverty eradication. In other words, the "green" economy should have a wide range of applications and involves a number of its manifestations. According to the Final Document of the 2012 UN Conference on Sustainable Development (Rio+20), the participating countries of the Conference only identified some contexts for understanding the "green" economy, and also formulated the main results to be obtained when implementing the tools of the "green" economy. It is established that the mention of the "green" economy in strategic planning documents occurs in two main aspects: firstly, as a modern attribute of regulation of environmental and natural resource activities, and exclusively in a positive sense; secondly, as a challenge and even a threat to the implementation of certain types of activities. When stating such opposite assessments of the importance of the development of the "green" economy for the Russian Federation, it is necessary to endow the concept of "green economy" with legally significant characteristics, signs and criteria. The general framework of such a definition is laid down at the level of international legal regulation, while specific directions should depend on the needs and conditions of the economy, social sphere and the state of the environment in the Russian Federation.
International Law and International Organizations, 2023-1
Rednikova T.V. - The Significance of CITES for Biodiversity Conservation: Semi-century Experience pp. 67-78

DOI:
10.7256/2454-0633.2023.1.40063

Abstract: Today, global smuggling of endangered animals and plants is second only to drug trafficking. The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), which came into force in 1975, was a major step in protecting our planet's biodiversity. It covers more than 40,900 species, including some 6,610 animal species and 34,310 plant species, as listed in its three annexes. The Convention is perhaps one of the most effective means of protecting biological diversity and its components in international law. The Russian Federation has been a party to CITES since 1992. Since then, the country has conducted a significant number of programs to control the number and turnover of rare and valuable species, and the area of protected areas is constantly expanding. In the 50 years since the Convention was signed, CITES has created a sustainable global structure that effectively ensures, that threats from legal trade to the survival of wild animal and plant species are minimized. It has also created a framework for combating illegal trade in wild species between states parties to the convention. Nevertheless, many issues still need to be resolved. National legal systems around the world must provide effective sanctions for illegal encroachments on wildlife components, as well as include measures to counteract new forms of illegal trade, in particular through the legal internet, as well as the illegal Darknet, where advertisements for goods and services that are not legally traded have moved in recent years.
Agriculture, 2022-4
Isakov A.N. - Mechanism of Legal Regulation of Agricultural Production Insurance as a Way to Ensure Food Security of the Country pp. 26-36

DOI:
10.7256/2453-8809.2022.4.39424

Abstract: The article talks about the importance of agricultural insurance for ensuring the financial well-being of agricultural producers and food security of the country. The main regulatory documents regulating insurance in the agricultural sector of the economy are indicated. The positive aspects achieved during the validity period of Federal Law No. 260 are noted: the possibility of choosing the most significant risks for production and the exclusion of unlikely ones; the ability to establish a real level of coverage; the threshold for the death of the crop yield and the harvest of perennial plantings has been abolished and the introduction of a criterion - a decrease in the actual harvest compared to the planned and loss of viability of perennial plantings as a result of the occurrence of events provided for by law; it is possible to take into account the specifics of the economy when assigning insurance amounts; the range of deductibles has been expanded; it is now possible to conclude an insurance contract for at least 70% of the cost crop yields, plantings of perennial plantings, or animals; the possibility of using space monitoring data to confirm the facts of the occurrence of an insured event. Production insurance has been introduced in case of natural emergencies. A number of issues requiring additional legal regulation in connection with the occurrence of natural emergencies are considered. The analysis of the law enforcement practice on agricultural insurance in the country is given.
International Law and International Organizations, 2022-4
Rednikova T.V. - Legal Protection of Biological Diversity at the International Level: Results of the Thirtieth Anniversary and Development Prospects pp. 110-119

DOI:
10.7256/2454-0633.2022.4.39450

Abstract: For several decades, a number of agreements have been in force at the international level on the protection of biological diversity in general, individual species, in certain regions of the globe. The objects of legal protection are also different. In view of the significant number of international documents in the field of the protection of biological diversity and its components, the author analyzes the features of individual agreements of a global nature within the framework of this article. Despite the fact that many of them entered into force more than a decade ago, their enforcement activities in various States are carried out taking into account the latest recommendations of their permanent bodies and conferences of the parties, developed taking into account the achieved or unachieved goals set earlier. The problem of biodiversity conservation is extremely important for ensuring human life on the planet. In today's changing world, there are an increasing number of threats to both biological diversity and its components, and the environment as a whole. Thus, intensive economic activity and the growth of the Earth's population pose an increasing threat to the planet's biodiversity from year to year. Only consolidated efforts of all countries of the world community, regardless of their political and economic interests, can solve the problems of eliminating emerging threats, including through the formation of unified legal approaches to environmental and biodiversity protection. This must be remembered even in the context of global economic and political conflicts. International agreements of a global nature, which have been in force for decades with varying degrees of effectiveness, are also called upon to solve this problem. The main thing is that in the process of implementing their provisions, the tasks to be solved should be set before the States, as well as the implementation of their provisions should be among the main priorities of the Governments of the States that are parties to them.
Agriculture, 2022-4
Mukhlynina M.M. - State Policy in the Field of Agricultural Development: Current Issues of Law and Practice pp. 9-16

DOI:
10.7256/2453-8809.2022.4.39485

Abstract: The article analyzes some legal aspects of state policy in the field of agricultural development. The subject of the study is the legal norms regulating state policy in the field of agriculture. The purpose of the work is to analyze international and national legislation and formulate conclusions and proposals based on this analysis to improve regulatory legal regulation in the field of agricultural development in our country. The research was conducted using general scientific, private and special methods, such as induction, deduction, synthesis, analysis, analogies, formal legal and others. The relevance of the study is connected with the development of the most important issue - the achievement of the country's food sovereignty. The article analyzes the provisions of the new Strategy for the development of agro-industrial and fisheries complexes for the period up to 2030, where a serious emphasis is placed on import substitution as one of the key guidelines for the development of Russia. It seems obvious that it is necessary to continue improving regulatory legal regulation and strategic planning in the direction under study. To ensure the average annual growth rate of the agro-industrial complex at the level of 3%, as planned, it is necessary to identify growth factors and introduce new or expand existing mechanisms of state support. We consider the adoption of the Strategy to be one of the most important steps in the implementation of state policy in the development of agriculture and the entire agro-industrial complex, but work in this direction continues. The key result to be achieved is the sustainable development of agriculture. The author notes the intensification of work on the implementation of the Russian scientific and technical program for the development of agriculture and promising areas of state policy.
Agriculture, 2022-4
Ustyukova V.V. - Production of Organic Products and Products with Improved Characteristics: Similarities and Differences in Legal Regulation pp. 17-25

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.
Agriculture, 2022-4
Popova O.V., Serebryakova A.A., Tsaregradskaya Y.K. - About State Support of Traditional Forms of Farming in Rural Areas pp. 1-8

DOI:
10.7256/2453-8809.2022.4.39528

Abstract: The authors ask questions: is it necessary to maintain traditional values in modern conditions? In particular, is it necessary to maintain family values, in conditions when the emancipation of women, modern technologies allow a man and a woman to be independent of each other not only economically, but even in such a process as the birth of children. Is it necessary to support traditional forms of management, including family work, peasant (farmer) farms, whereas it is obvious that currently agricultural industrial complexes have a significant competitive advantage over small businesses, labor productivity at large enterprises is higher than in small family business structures. Lawyers are removed from these problems or are removed themselves, reserving only the right to formalize the decisions made by politicians and economists, whereas human rights, both economic and social, national security and the life of future generations directly depend on the solution of these issues. In addition, the law has a set of legal means to ensure the implementation of the policy chosen by the state, including various ways of state support for priority social institutions and necessary types of economic activities for the sustainable development of the state and society, for those purposes that are recognized as socially useful. The authors come to the conclusion that state support of traditional values, traditional family, traditional forms of management should be carried out, offer options for presenting state support, its addressees and goals. However, the state's interference in the way of a particular family, household, family business should be strictly limited.
Agriculture, 2022-4
Rednikova T.V. - Green Agriculture as a Branch of the Green Economy: Problems of Assessing the Complex Environmental Impact pp. 37-45

DOI:
10.7256/2453-8809.2022.4.39530

Abstract: According to the ideology of the green economy, any economic activity should be carried out using technologies that cause minimal damage to the environment. The means and methods used by companies to minimize environmental harm from their activities, which seem effective at first glance and are even generally recognized, may turn out to be very ambiguous with a detailed and comprehensive analysis of their impact on the environment. Unfortunately, both abroad and in the Russian Federation, the level of legal regulation in the use of so-called green technologies, confirmation of their real compliance with the declared goals of environmental protection, as well as the introduction of liability measures for relevant violations and unfair competition remains extremely low. Closer attention on the part of society and the state to the existing problem should be realized in the development of appropriate legislation, both stimulating the development of a green economy according to established standards and rules, and ensuring the establishment of proper control over activities falling into the category of green, for its real compliance with the stated goals of environmental protection and conservation of the planet's resources. Of course, alternative energy should take its place in the system of ensuring the energy security of each state. But it is necessary to use its advantages wisely on the basis of legally established procedures for a comprehensive assessment of their impact on the environment, including in the long term. In the meantime, alternative energy, especially in Western countries, has firmly established the reputation of a "green", environmentally friendly industry, which in many cases is fundamentally wrong. The development of new necessary means and methods of legal regulation, along with their legislative consolidation, should play a key role in stimulating the effective development of society in a "green" direction, namely in a non-destructive direction for the environment.
Agriculture, 2022-3
Lebedeva T.S. - Improving the Efficiency of State Support for Agricultural Producers: Legal Issues pp. 21-29

DOI:
10.7256/2453-8809.2022.3.39406

Abstract: The article discusses the measures of state support for agricultural producers, among which a special place is occupied by subsidies provided in various areas. Based on the analysis of judicial practice, the difficulties of a legal nature that farmers, agricultural organizations, agricultural consumer cooperatives face when receiving such support are revealed. Firstly, regional legislation provides for the return of a subsidy not only because of its misuse, but also in case of violation of related obligations that have an indirect impact on the creation and functioning of agricultural producers (violation of the terms of spending, provision of false information when receiving a grant, etc.). It is proposed in the regional regulatory legal acts for non-compliance with the obligations associated with the intended use that arise in connection with the receipt of a subsidy by an agricultural producer, to replace such a measure of responsibility as the return of grant funds for penalties. Secondly, in the event of an unlawful refusal of the regional Ministry of Agriculture of the Russian Federation to issue a subsidy. It is proposed to recognize such a subsidy as a loss in the form of lost profits in order to recover it in a civil law order and to make appropriate changes to Art. 78 of the Budget Code of the Russian Federation. The solution of the identified problems will contribute to the development of sectors and sub-sectors of agriculture, will positively affect the food security of the Russian Federation.
Agriculture, 2022-3
Ivakin V.I. - Sustainable Rural Development and Digitalization: Legal Aspect pp. 39-49

DOI:
10.7256/2453-8809.2022.3.39407

Abstract: This article is devoted to digitalization in agrarian law as one of the important branches of jurisprudence. Along with other branches of law, agrarian law contributes to the life of the state. In this regard, the purpose of the scientific work, this scientific essay, is to further study the relationship between the designated branch of Russian law and these modern technologies, which are not only the Internet, but also various programs, legal reference systems, and other similar products of human activity. Based on the objectives, the author in this text provides an analysis of the methods of application of these technologies, shows their role in the functioning of local rural administrations as important links in the agricultural sector. Since the agricultural sector is not only directly objects where agricultural products are produced. Among them are fields, gardens, farms, summer cottages, meadows and other objects. These are also the territories where the rural population lives, the authorities that manage these territorial entities. In addition, the relevant relations where digitalization is involved are analyzed. This is, in particular, municipal service in rural authorities. In general, the essay gives an appropriate idea of the mechanism of application of digital technologies in the agrarian law of the branch of Russian law, aims at further analysis of relations in these areas of human activity, which in the future will bring the necessary fruits.
Agriculture, 2022-3
El'nikova E.V. - Legal Problems of Fulfillment of Conditions for Granting Subsidies (Grants) to Agricultural Producers pp. 30-38

DOI:
10.7256/2453-8809.2022.3.39423

Abstract: The article notes that some conditions for granting grants to agricultural producers initially contain significant risks of their non-fulfillment and, as a consequence, the onset of liability in the form of the obligation to return the funds received in full. In other cases, regional regulatory legal acts expand the list of conditions for granting grants in the form of subsidies without proper justification, which creates additional problems in the process of their use by grantees. In order to ensure the most effective legal regulation of relations in connection with the provision of budgetary funds to agricultural producers, the author proposes to qualify agreements on the provision of subsidies (grants) as a civil contract, which will make it possible to apply civil liability measures, general provisions on contracts and obligations, including the grounds for termination of obligations, ways to ensure and fulfill them, as well as the norms of hereditary legislation. Qualification of the agreement on the provision of subsidies (grants) as a civil contract, it would allow for a more relevant legal regulation of relations in connection with the provision of budgetary funds to agricultural producers due to the possibility of changing the agreement in question by concluding additional agreements, applying civil liability measures, general provisions on contracts and obligations, including the grounds for termination of obligations, ways to ensure and fulfill them, and also the norms of hereditary legislation.
Agriculture, 2022-3
Voronina N.P. - Legal Provision of Food Security: New Answers to Modern Challenges pp. 13-20

DOI:
10.7256/2453-8809.2022.3.39425

Abstract: In the current geopolitical conditions, the Russian agriculture faces risks, the overcoming of which requires new solutions in determining the state policy. The main leitmotif is import substitution. This has been the main task of the state agrarian policy since 2012. The anti-Russian sanctions of 2022 exacerbated the problems of agriculture, the genesis of many of which dates back to the agrarian and land reforms of the 1990s., and to overcome which modern measures of state support are aimed. Among the main problems of the Russian agro-industrial complex is dependence on imported seeds, foreign agricultural machines and spare parts. In addition, logistical ties with countries to which Russia has exported its products over the past few years have been disrupted. An analysis of the modernization of strategic planning documents at the regional level, in particular, in the field of seed production, is presented. The main ways of development of agriculture in the conditions of modern challenges and threats are outlined. Conclusions are drawn about changes in the strategizing of the state agrarian policy, clarification of target indicators, terms, development of state support measures that are adequate to the current global economic situation, transformation of the concept of state agrarian policy, which causes a change in the markets for domestic agricultural products, increasing the importance of the Russian Federation in providing global food supply, security, accelerated development of seed production and technical re-equipment of the agro-industrial complex.
Agriculture, 2022-2
Rednikova T.V. - Legal Regulation of Commercial Cultivation of Genetically Modified Crops: Foreign Experience pp. 1-12

DOI:
10.7256/2453-8809.2022.2.39172

Abstract: The risks associated with the widespread use of genetically modified crops in agriculture need to be assessed in detail and minimized, including by legal means. The world is divided into two camps regarding the attitude to the commercial cultivation of genetically modified crops. In many countries, including the EU and the Russian Federation, it is prohibited by law. Such prohibitions are based on the precautionary principle in the widespread use of genetically modified crops due to insufficient knowledge of its consequences. The legal regulation of the risk management of the use of GMOs has been developed at the international level, for example, in the Cartagena Protocol on Biosafety, to which the Russian Federation has not yet joined, but plans based on the tasks set out in the strategic planning documents. The legal regulation of the quality and safety of agricultural products in China is carried out in accordance with the law adopted in 2006. The Law on the Quality and Safety of Agricultural Products regulating the issues of its production, as well as the implementation of state management and supervision of its quality and safety. The system for monitoring the risks of quality and safety of agricultural products in China is being established on an interdisciplinary basis. However, the issue of long-term security remains open. The existing approach in the Russian Federation to introduce a moratorium on the commercial use of genetically modified organisms is appropriate as long as the tasks of ensuring the country's food security can be solved by other methods and means. However, in order to prevent the lag of Russian science and technology in the field under consideration, the state should pay increased attention to their development and allocate sufficient funding, provided that strict state control is exercised over ensuring the safety of ongoing research.
Agriculture, 2022-2
Lipski S.A. - The choice of one of the variants of the new version of the Federal Law "On Land use planning" will have an impact on the further development of land law and on the success of solving practical problems in the field of food security pp. 13-23

DOI:
10.7256/2453-8809.2022.2.39343

Abstract: The article examines the factors that influenced the formation and development of legislation on land use planning in Russia , reveals the reasons for the current state of this legislation.The author identifies the key tasks and problems of domestic land use planning in the current phase of its development. The author gives an assessment of the modern system of regulatory regulators of land use planning. He compared the provisions of the versions of the new version of the Federal Law "On land use planning" developed to date, the work on which has taken a protracted nature. The article notes that these options are different: 1) the ratio of public-law and private-law regulators; 2) the degree of continuity to domestic land use planning; 3) the volume of borrowings of foreign experience; 4) the emphasis on various problems in agricultural land use. The author believes that one of these options will still be accepted and will become the basis for the subsequent development of Russian land management for a long-term perspective. Such a decisive decision of the legislator is also characteristic of other land reforms previously carried out in Russia "from above". The author evaluates the consequences of such a decision for the system of land legislation, land law science and its significance for the success of solving practical problems in the field of food security, including when working with unclaimed land shares and when implementing the state program for the re-development of abandoned agricultural lands.
Agriculture, 2022-2
Gleba O.V. - Legal Problems of Improving Legislation on the Protection of Farm Animals pp. 24-33

DOI:
10.7256/2453-8809.2022.2.39344

Abstract: The article discusses some problems of legal regulation of the protection of farm animals, argues for the need to finalize the current legislation in terms of fixing legal norms in terms of humane treatment of this category of animals, justifies the need to take into account the best international experience in the field of humane treatment of animals. There is currently no single legislative act in the Russian Federation that would protect and support the rights of all animal species, including agricultural ones, to live satisfying their needs and experiencing minimal suffering. Recently, the changes taking place in the legislative regulation of relations in the field of humane treatment of animals have become more noticeable, which is expressed in the reform of this sphere of relations and the desire to bring it closer to the best world experience. However, to date, in Russia, no regulatory legal act has established rules that ensure humane conditions for keeping and slaughtering farm animals. The Federal Law "On Responsible Treatment of Animals" adopted in 2018 excluded farm animals from its scope, therefore, gaps in the legislative regulation.
Agriculture, 2022-2
Bogolyubov S.A. - M.I. Kozyr's Agrarian Law Ideas are Confirmed pp. 34-41

DOI:
10.7256/2453-8809.2022.2.39397

Abstract: The works and activities of M.I. Kozyr, Doctor of Law, Professor, remain in the history of agrarian, land, and environmental law. Mikhail Kozyr's initiative, energy, organizational abilities were manifested in creative scientific and practical searches, numerous articles, textbooks, comments on laws, making legislative proposals, trips with scientific landings to republics, territories and regions of the USSR, on foreign business trips, participation in Italian and European agrarian unions. He appreciated, developed, promoted and taught collective farm agricultural agrarian law; developed new approaches to the legal provision of food security in Russia, clarifying the subject and methods, improving the quality of acts of agrarian law, implementing the norms of civil, administrative, land legislation in the legal institutions of agrarian law. M.I. Kozyr sought the restoration of agrarian law as a teaching discipline in law higher educational institutions. Currently, the ideas of M.I. Kozyr are recognized in the Russian legal, agrarian community: agriculture is included in paragraph "d" of Article 72 of the Constitution of the Russian Federation on the joint jurisdiction of the Russian Federation and it's subjects ; agriculture is included in the nomenclature of scientific specialties for the defense of dissertations; the multi-vector nature and importance of studying legal issues of agriculture, justification of ways to improve efficiency of legal regulation of economic activity in the agricultural sector of the economy. The professor's followers and students continue to provide scientific and legal support for the development of agriculture in Russia.
Agriculture, 2022-2
Tropina D.V., Sergeev D.G. - Problems of Legal Regulation of Rural Tourism in the Context of Sustainable Rural Development pp. 42-51

DOI:
10.7256/2453-8809.2022.2.39398

Abstract: Rural tourism today is one of the new and actively developing types of tourism in Russia. Due to political and epidemiological factors, the approach to choosing a place of rest has changed and many modern tourists prefer to travel around Russia, getting acquainted with the geographical, agro-industrial, gastronomic, ethno-cultural characteristics of rural areas. The article analyzes the state of legal regulation of rural tourism at the present stage. Program documents, federal laws, by-laws containing norms regulating the provision of services in rural tourism are considered. The main provisions of the program for providing state support in the field of rural tourism the "Agrotourism" grant - are revealed and the problems associated with the inability of some agricultural producers to become grant applicants due to non-compliance with the rules for registration of individual entrepreneurs engaged in agriculture are raised. Also, the article analyzes the requirements for accommodation facilities in agriculture and tourism adopted in November 2022, points out the shortcomings of the federal executive authority when adopting an order approving such requirements related to ignoring the specifics of providing services in rural areas, the performers of which are non-professional participants in the tourism industry. In conclusion, it describes the currently most effective way to promote services in rural tourism using online aggregators. The conclusion is made about the importance of support by state authorities and local self-government of agricultural producers wishing to develop rural tourism in parallel with the implementation of agricultural activities.
Legal Studies, 2022-1
Rednikova T.V. - Relevant trends in the formation of a single legal space in the Arctic region in the sphere of environmental protection and conservation of biodiversity of the region pp. 33-42

DOI:
10.25136/2409-7136.2022.1.37285

Abstract: The circumpolar location of the Arctic region and the unity of its natural environment substantiates the need for the formation of unified approaches towards its protection, which is complicated by the differences in the legal systems of the Arctic Council member-states. Moreover, a growing number of non-Arctic countries claim to implement their scientific, economic or other activities in the region, which necessitates the creation of a single legal regime aimed at environmental protection in the region. Despite the negative changes in environmental situation of the Artic that took place in recent decades, the region still has the unique potential of flora and fauna resources, the conservation of which is one of the priority tasks. With regard to the living resources of the Arctic, the formation of unified approaches in the legislation of the Arctic states towards their conservation and use should be carried out in several directions, among which is the legal protection of ecosystems and individual species, rational use of natural resources and traditional natural resource management of the indigenous population, development of the comprehensive system of environmental monitoring, and control over the advancement of Arctic tourism. Despite certain difficulties that currently exist on the intergovernmental level, the problems of environmental protection of the Arctic zone, the solution of which due to its circumpolar location and single natural space determines the sustainable development of the Arctic Council member-states, would contribute to strengthening of cooperation and adoption of concerted decisions, including on the legislative level and formation of a single legal space in the region in the indicated sphere.
Law and Politics, 2022-1
Shinkaretskaya G.G., Rednikova T.V. - Correlation of rights and interests of the circumpolar and other states in the use of the Arctic region pp. 12-22

DOI:
10.7256/2454-0706.2022.1.37286

Abstract: The severe natural conditions of the Arctic have impeded the economic development of the region for centuries. The norm for the recognition of special rights of circumpolar states to establish their own legal order in the region was established as a result of international custom. The application the generally accepted United Nations Convention on the Law of the Sea allowed the Arctic countries to establish the own zones of jurisdiction, which enables the extraction of natural living and mineral resources. Such jurisdiction was also extended to shipping routes that require constant maintenance and significant investments; thus the shipping routes are close to acquiring the status of canals. However, the climate warming and ice melt have turned the Arctic from the isolated region with limited geopolitical and geoeconomic significance to the next frontier of opportunities for the world’s countries. There is currently no single all-encompassing treaty on the use of the Arctic. The legal order consists of the regional and subregional agreements, national legislation, and soft law. The circumpolar states actively and extensively used the provisions of the United Nations Convention on the Law of the Sea (1982) for establishing the limits and legal regime of the zones of own jurisdiction in the Arctic Ocean. In May 2008, five Arctic coastal states signed the so-called Ilulissat Declaration, acclaiming the current trends in the development of legal order in the Arctic. For ensuring the political, economic interests of the Arctic states in the region, as well as global security and protection of regional environmental sensitive to detrimental effects, it is necessary to develop a uniform position of the coastal states on the entirety of regional problems in view of the growing activity of the non-Artic states that declare their national interests in the Arctic region.
International Law, 2022-1
Shinkaretskaya G.G., Rednikova T.V. - Influence of the Arctic Council upon the formation of a single legal space in the Arctic Region pp. 29-39

DOI:
10.25136/2644-5514.2022.1.37287

Abstract: The Arctic Council was established in accordance with the 1996 Ottawa Declaration as a “high level intergovernmental forum” for ensuring cooperation in the Arctic. It concentrates on the promotion of sustainable development and environmental protection in the Arctic. The scientific research conducted in the early 2000s under the auspices of the Arctic Council provided a more holistic representation of the problems of the Arctic and methods for their solution. Currently, the Arctic Council is the so-called coordinating center for the development of the Arctic legal order, being a place for negotiations, outlining the positions of the countries on specific issues, and establishing possible solutions to the problems. With the assistance of the Arctic Council, the Arctic sates have concluded certain treaties. Besides the eight Arctic states, which have authority for decision-making in the Council along with the right to discuss its policy and manage the six executive committees, the observing countries out of the non-Arctic states have been included to the Councils, although with restrictions in their powers thereof. The Arctic Council is recognized by the international community as the leading and responsible organizer of legal order in the Arctic Ocean that represents the interests of both Arctic and non-Arctic states. The involvement of non-Arctic states in the Arctic Council may improve the effectiveness of its activity in the sphere of sustainable development and environmental protection, as well as ensure their commitment to the results achieved within the Council and assert position of the Council as the most logical and appropriate place for the formation of international coordination in the Arctic.
Legal Studies, 2021-8
Kozhokar' I.P. - On the relevance of improving legal regulation of the turnover of shares in the right of common ownership of the agricultural land plots from pp. 28-37

DOI:
10.25136/2409-7136.2021.8.36231

Abstract: This article explores the problem of regulation of the turnover of shares in the right of common ownership of land plots of agricultural designation. The author substantiates the relevance of improving the current legislation, first and foremost due to annual increase in the number of unclaimed shares of agricultural lands and the impossibility of their use in civil circulation. Analysis is conducted on the existing procedure of recognizing the land shares unclaimed and their transfer to municipal ownership, indicating its inefficiency. The article considers a proposal on the amendment of civil and land legislation with regards to simplification of the grounds for transferring such objects to municipal ownership via their possible recognition as unowned property, changing the procedure for transferring such shares to municipal ownership, as well as specifying the grounds for terminating the ownership right of the subjects to unclaimed land shares in the right of common ownership of land plots of agricultural designation. The article analyzes criticism of the experts towards such initiative, objections against possible application of the Article 225 of the Civil Code of the Russian Federation to subjective rights, since it contradicts the existing concept that allows usage of rules on acquisition of the unowned property only to physical objects, as well as potential extension of the rules on terminating the property ownership. which cannot belong to an individual, in cases when the share holder in the right of common ownership on the unleased land plot of agricultural designation, would not allocate a plot assigned to him within a certain period of time.
Agriculture, 2021-3
Ustyukova V.V. - Actual problems of legal regulation of agrarian relations in the Russian Federation and the Republic of Belarus pp. 11-21

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.
International Law and International Organizations, 2020-4
Rednikova T.V. - Formation of unified approaches towards legal protection of biological diversity and its components in the Arctic: to articulation of the problem pp. 11-20

DOI:
10.7256/2454-0633.2020.4.34851

Abstract: This article examines the questions associated with protection of Arctic biodiversity, framework international legal documents, and documents of strategic planning of the Arctic countries. It is underlined that despite the unique ability to adapt to the severe climatic conditions, the ability of Arctic ecosystems and their components to self-restoration is significantly lower, which indicates the need to minimize the negative impact of various factors, as well as ensure the maximum level of ecosystem protection, including legal remedies. At the same time, considering the uniformity of natural environment of the Arctic region and ongoing processes, the peak efficiency in environmental protection of the Arctic can be achieved only by pooling and coordinating the efforts of all Arctic countries. The data on the state of Arctic environment allows determining major threats to the state of biological diversity of the region. In this regard, special role is played by climatic changes, which create a number of global challenges. Climate warming inevitably initiates ice melting in the Arctic, shrinkage or total deglaciation of certain areas, which leads to such consequences as decrease in abundance of species, namely aquatic mammals, the life cycle of which directly depends on the existence of ice. Global warming is inextricably linked with the process of displacement of latitudinal boundaries of the Arctic ecosystems towards north, which poses a risk for penetration of biological species that traditionally dwell to the south. This can lead dysfunction of ecosystems due to the dominance of alien species over the indigenous species.
Agriculture, 2020-4
Ustyukova V.V. - Administrative liability for the violation of legislation in the field of handling and disposal of animal and biological waste pp. 12-20

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).   
Agriculture, 2020-3
Kuznetsova I.N. - Minimization of damage at agriculture objects (vineyards) by using hunting birds of prey as bio-repellents pp. 7-13

DOI:
10.7256/2453-8809.2020.3.33311

Abstract: Wine-growers often face the necessity of fighting the insects, diseases, and pests threatening their business, and of protecting each racemation of their future harvest. Among the most frequent threats are the flocks of birds considering vineyards as a source of forage, which can eliminate the crop very fast. For many years, wine-growers have used various on-trend ways of repelling to avoid the destruction of harvest and plants, including the noisy air guns, laser emitters, holographic tapes, nets covering grapevines, acoustic systems, and even kites. However, the above mentioned means lose their effectiveness sooner or later, and their repelling effect lasts less than it is necessary for harvest ripening and preservation. It is explained by birds’ and animals’ adaptation to the changes in the environment - birds stop paying attention to the threats that haven’t been proved in reality or haven’t caused death. The forming adaptation leads to ignoring, birds and animals focus on foraging, and the harvest becomes at risk again. Meanwhile, the most significant results in harvest preservation are achieved by using a time-tested method of repelling, which doesn’t require any weird technologies - that is falconry.  Based on a natural fear of a predator, the bio-repellent method doesn’t build up a tolerance. A centuries-old tradition of falconry is effective and fully in line with the current international standards in the field of environmentally safe products manufacturing.   
Agriculture, 2020-3
Solovyanenko N.I. - Issues of Legal Regulation of the Use of Digital Technologies in Agricultural Business pp. 46-53

DOI:
10.7256/2453-8809.2020.3.35336

Abstract: The modern agrarian revolution means the introduction of high-tech solutions, which play a significant role as a factor of sustainable development in the field of food security, agriculture, and the rational use of natural resources. The digital transformation of agriculture covers the use of a wide range of technologies in the production of agricultural products and food (the Internet of Things, robotics, artificial intelligence, big data analysis, e-commerce, and a number of others). The legislation lags behind the digital technologies being introduced, which are constantly improved and are a "moving target " in terms of regulation. An essential task is to create an up-to-date regulatory framework that will strengthen confidence in digital agriculture. Digital strategies define regulatory objectives. In Russia, the creation and development of the national platform "Digital Agriculture" is a part of the legal mechanism of strategic planning. It is aimed at the creation of conditions for the intensification of productivity and the reduction of operating expenditures by means of using high-tech solutions. Digital agriculture activities should be supported by updated basic legislation. The state information system of sectoral data collecting and analyzing "One-stop window" is projected as the incoming data source for the national platform "Digital Agriculture". 
Agriculture, 2020-2
Yushchenko M.S., Visloguzova I.V. - Legal peculiarities of agricultural activity in the Baikal natural area and the prospects for organic products manufacturing pp. 24-32

DOI:
10.7256/2453-8809.2020.2.33301

Abstract: Agriculture in the Central ecological zone (CEZ) of the Baikal natural area is not a leading economic sector, but at the same time plays an important role in the economic life of the local population.The Baikal natural area has a special legal regime of environmental management and environmental protection, and there are significant restrictions on the development of agriculture hindering the development of the Baikal macroregion. The use of plant protection products and mineral fertilizers is prohibited, and restrictions are imposed on the placement of agricultural objects. It is also necessary to observe environmental technologies of land cultivation. One of the ways out of this situation can be the development of organic agriculture in the Baikal natural area, which implies responsible agriculture helping to avoid negative processes leading to soil and ecosystem degradation (the tilling of minor soils, the use of moldboard plowing of hillside landscapes, deforestation, the lack of wood lines, inconsistent use and overuse of grazing areas, fires on agricultural lands, etc.).  At the same time, the transition from conventional agriculture to the organic one takes several years and is expensive. As a transitional period, the authors suggest manufacturing green brands on the territory of the Baikal natural area, which are subject to less strict requirements than the organic products.   
Agriculture, 2020-2
Ustyukova V.V. - Subsidiary responsibility of the members of agricultural cooperative societies pp. 1-9

DOI:
10.7256/2453-8809.2020.2.33840

Abstract: The research subject is social relations in the field of establishing and applying the subsidiary responsibility measures in agricultural cooperative societies. The purposes of the research are: legal assessment of the provisions of the Federal law “ On agricultural cooperation” about subsidiary responsibility of members of cooperative societies and their application by courts; analysis of doctrinal views of lawyers and economists on the problems of subsidiary responsibility in general and such responsibility in agricultural cooperative societies in particular; development of scientifically grounded suggestions on the improvement of legislation in this sphere which will allow correcting law-enforcement practice. Using general and specific legal methods of research, the author arrives at the conclusion that the proposals about the cancellation of subsidiary responsibility in agricultural cooperative societies can hardly be implemented in the current conditions. In this situation it seems more reasonable to correct the provisions of the current legislation in the following directions: equal responsibility of all members of a cooperative society should be established in the Law rather than that depending on their share; it should be clearly stated that subsidiary responsibility of the members of the cooperative society is not solidary; the order of making additional contributions for covering losses should be regulated in detail; subsidiary responsibility for the cooperative society’s debts should be imposed not only the newly adopted members, but also on the leaving ones (for losses formed during their membership) during five years upon their withdrawal. The authors substantiate constructive ideas proposed earlier in specific literature, and formulate new suggestions which can make agricultural and consumer cooperative societies more attractive for agricultural workers.   
Agriculture, 2020-2
Mel'nikov N.N. - On the concept and characteristics of a multi-boundary agricultural land plot pp. 42-47

DOI:
10.7256/2453-8809.2020.2.33843

Abstract: Special attention is paid to the concept, characteristics and specificity of multi-boundary agricultural land plots. In law enforcement practice, a multi-boundary land plot is an object of land relations, while the regulatory framework of the Russian Federation is characterized by significant gaps in regulating the regime of this plot. In particular, the Land code of the Russian Federation and other provisions of current legislation do not contain rules on the concept of a multi-boundary plot, the procedure for its formation and the legal regime. Features of the regime of multi-boundary agricultural land plots are also characterized by incomplete legal regulation.The problem of permissibility of border crossing of multi-boundary land plots and populated areas and (or) municipal formations is also characterized by lacunae which may lead to the placement of parts of a multi-boundary plot within various categories of lands. The article analyzes a number of controversial issues, including the multi-boundary plot as an object of rights and the economic need for the formation of such land plots in the absence of legally established criteria. In practice, there are examples of identifying a part of a multi-boundary plot with an ordinary land plot, which makes it difficult to distinguish these objects. In the author’s opinion, the question of multi-boundary land plots formation reasonability and the necessity to change and amend the Land Code of Russia with the corresponding provisions, is a topical question. The author arrives at the conclusion that it should not be acceptable if parts of multi-boundary agricultural lands come under various categories of lands.   
Agriculture, 2020-1
Rednikova T.V. - Agricultural production of genetically modified products as a means of ensuring food security: European experience in legal regulation pp. 42-53

DOI:
10.7256/2453-8809.2020.1.33298

Abstract: The article deals with the issues of legal regulation of the use of genetically modified organisms in the process of agricultural production in the European Union.The solution to the problems of agricultural production intensification is primarily possible through the use of new modern intensive technologies of crop production, animal husbandry and fisheries, which are also developed on the basis of the latest achievements of the biotechnological industry. One of the directions of intensification of agricultural production is the use of genetically modified crops, which allows increasing the profitability of growing plants, ensuring their increased resistance to negative climatic conditions, pathogens of infectious diseases, etc. The possibility of using such technologies is related to the need to assess their potential risk to the environment and human health.For almost 20 years, the European Union has had a fairly developed system of regulations governing various aspects of the use of genetically modified organisms in agriculture. However, their commercial use in the European Union for various reasons (complexity of administration, negative attitude in society, etc.) has not become widespread over time, and in most member States has now been banned. Taking into account the European experience, the author concludes that it is necessary to use other methods to intensify agricultural production, and the ban on the commercial use of genetically modified organisms in food production is justified due to insufficient scientific data on their safety for human health and the environment
Agriculture, 2020-1
Stepanova A.A. - Features of the legal regulation of harvesting wild plants as a type of entrepreneurial activity pp. 33-41

DOI:
10.7256/2453-8809.2020.1.33299

Abstract: In addition to timber harvesting, Russian laws also provide for other types of forest management that have a less harmful impact on forest ecosystems. The forests of our country have a high potential for wild forest resources. The demand for this type of product is growing every year. Berries and nuts exported from Russia have gained popularity in foreign markets. This industry is economically and socially significant, and its development will contribute to employment and income growth, regional development, and the creation of an organic market in our country. The legislator considers it necessary to develop and support entrepreneurs engaged in harvesting wild plants. But, to date, this industry is still poorly developed. This is facilitated by an insufficiently developed legislative framework that does not take into account the nuances of this industry, confusion in the powers of state authorities that are responsible for this area of business, the unavailability of state support measures for people engaged in harvesting non-wood forest resources, the complexity of assessing the potential of wild forest food and medicinal resources in the forest area, the complexity of legalizing activities for harvesting and processing wild plants, the lack of funds for deep processing of wild plants, as well as a number of environmental issues, economic and social factors. The article analyzes the problems that are an obstacle to the development of this branch of business in the harvesting of forest food resources and medicinal plants and suggests possible ways to solve them.
Agriculture, 2020-1
Popova O.V. - Legal regulation of agricultural insurance pp. 25-32

DOI:
10.7256/2453-8809.2020.1.33300

Abstract: The development of the risk insurance system in agriculture, which is named as the main direction of state support for agriculture and the development of agricultural territories, is carried out only in the form of state subsidies for insurance premiums, which cannot be assessed as sufficient. The concept of further development of the risk insurance system has not been developed. At the same time, the need to develop the legal institution of agricultural insurance in a changing climate is becoming more and more obvious. Further development of agricultural insurance is proposed not only through the system of subsidizing part of the cost of insurance premiums, but also through the development of insurance cooperation, increasing the variability of insurance products. In addition, the issue of the need to create a transparent system of compensation payments to agricultural producers from the budget in the event of large-scale emergencies is raised.The functions of the state are those of ensuring national security, which means food security, and thus ensuring emergency response. Compensation for damage to agricultural producers in the event of large-scale natural disasters and natural disasters should be provided from the Federal budget or with its support.It is impossible to predict exactly how much money will be required to eliminate the consequences, this issue must be subjected to economic analysis and even interdisciplinary scientific research. But this is a matter of national importance, and the organization of such research should also be a function of the state.
International Law, 2019-4
Shinkaretskaya G.G., Rednikova T.V. - The impact of international organizations with regards to human genome studies upon the legislative development of foreign countries pp. 27-34

DOI:
10.25136/2644-5514.2019.4.30942

Abstract: The subject of this research is the norms of international law regulating the questions of study and modification of human genome, as well as their impact upon the development of national legislation of various countries. The authors analyze the law enforcement practice of the European Court on Human Rights, which arrived at certain decisions considering the provisions of international legal acts in the area of genome research, particularly the Oviedo Convention. The article describes the existing in international community approaches to legal regulation of reproductive human cloning and its potential transformations. Based on the conducted comparative analysis of legal approaches to regulation of genome research on the international level along with their impact upon the formation of national legislation in this field, the authors come to the following conclusions: the international legal acts steer the government towards the formation of legal policy in the area of genome research, and creation of the national normative acts that on one hand do not unduly impede the further advancement of the scientific progress, and on the other would resolve the attendant problems of ethical, legal and social character, as well as adhere to human rights. It is recommended to continue formulating the legal and ethical questions in the field of genome research on the international level, comprehensively assessing the risks and variety of the existing problems.
Agriculture, 2019-3
Lipski S.A. - Legal measures ensuring rational use of agricultural lands and some other aspects of the current correlation of the regulations of agricultural and land law at federal and regional levels pp. 15-20

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.
Agriculture, 2019-3
Samonchik O.A. - Some aspects of using agricultural land withdrawal rules for the purpose of subsurface resources management
pp. 21-27

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.   
Agriculture, 2019-3
Teplyashin I.V., Bogatova E.V. - Legal innovations in the agro-industrial sector of Russia: directions of implementation
pp. 1-6

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.   
Agriculture, 2019-3
Vladimirov I.A. - Legal problems of the development of agricultural entrepreneurship pp. 28-37

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.   
Agriculture, 2019-3
Rednikova T.V. - Plant genetic resources in agriculture: problems of legal regulation pp. 7-14

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.
Police and Investigative Activity, 2019-2
Rednikova T.V., Averina K.N. - Topical problems of legal protection of natural reserves in the Russian Federation pp. 40-47

DOI:
10.25136/2409-7810.2019.2.29872

Abstract: The research subject is the problem aspects of legal protection of natural reserves in the Russian Federation. The authors consider the evolution of the legislation in this area and the current legal norms of the Russian Federation in the area of environmental protection regulating the creation of natural reserves, the formation of their legal regimes, which are the object of criminal infringement formalized in the article 262 of the Criminal Code of Russia. The authors search for the problem aspects of law-enforcement of this regulation and also for the ways to improve it. The conclusions of the research are based on the results of the analysis of international, Russian and foreign legislation in the area of protection of the environment and biological diversity and its components, regulating the usage of natural reserves and the peculiarities of imposing criminal responsibility for the violation of the natural resources regime. Legal responsibility is a traditional instrument with a preventional impact, on the one hand, which prevents people from illegal actions, and, on the other hand, it guarantees a punishment proportional to the severity of the crime committed. The absence of clear criteria of the severity of the damage to natural reserves in the current legislation hampers the enforcement of the article 262. The authors suppose it would be reasonable to specify the criteria of the severity of the damage in the comments to the article. It is considered necessary to organize the approaches to the classification of crimes committed on the territory of natural resources, including those based on uniform application of regulations.  
Agriculture, 2019-2
Zemlyakova G.L. - On the procedure for calculating the time periods of non-exploitation of agricultural lands at their withdrawal from users pp. 39-46

DOI:
10.7256/2453-8809.2019.2.32449

Abstract: The subject of the research is the legal norms regulating the procedure for calculating the terms of non-use of agricultural lands, which allow state authorities to apply the procedure for their withdrawal from unscrupulous owners. In this regard, the author performs a retrospective analysis of the law regulating the turnover of agricultural land, taking into account all the changes and amendments, and identifies the shortcomings in the legal regulation of this sphere which prevent the involvement of land plots in agricultural turnover.The study is based on such general scientific methods as analysis, synthesis, generalization, comparison, as well as the following special scientific methods: historical-legal, formal-legal.The author concludes that repeatedly introduced amendments to article 6 of the Federal law of July 24, 2002 No. 101-FZ "on the turnover of agricultural land" have specified the rules governing the procedure for the withdrawal of unused land plots from owners. However, it has not solved the problem of non-use of land suitable for agricultural production.
Agriculture, 2019-2
Kudelkin N. - Legal protection of plants from hazardous organisms pp. 33-38

DOI:
10.7256/2453-8809.2019.2.32451

Abstract: The author studies the issues of legal protection of plants from hazardous organisms including alien species, whose invasions threaten biodiversity. Such a situation determines the complex research object - the relations emerging in the field of protection of plants from hazardous organisms. The problem of protection of plants from hazardous organisms is a complex problem, as it threatens crop plants as well as forests, and flora out of forests. Such relations are regulated at the international and national levels.  The author uses a set of various methods, logical techniques, and means of cognition: general scientific and special legal including the formal legal and comparative legal research methods. At present, there’s a need in Russia for the development of the legislation guaranteeing an appropriate level of protection of crop plants from hazardous organisms, which are not quarantine objects. This problem can be regulated as in a fleshed-out law and together with the questions related to plant quarantine. The development and adoption of the law “On Flora” with a special attention given to the issues of the protection of out-of-forests flora, and their protection from hazardous organisms, are topical for the Russian Federation. The author suggests that, for the purpose of the increase of effectiveness of the struggle against hazardous organisms, the use of toxic substances should be allowed in forests if the use of other means is ineffective, and the potential risk of the use of toxic substances is lower than the expected useful effect.   
Agriculture, 2019-2
Kasprova Y.A. - Problems of teaching the discipline Agricultural Law in institutions of higher education pp. 28-32

DOI:
10.7256/2453-8809.2019.2.32452

Abstract: The subject of the research is the peculiarities of teaching the discipline “Agricultural Law” in institutions of higher education oriented towards the training of bachelors in the field of agriculture and agro-industrial complex. The author analyzes the Federal Educational Standard in Jurisprudence (bachelor degree course), educational standards of institutions of higher education authorized to develop them, and the curricula of some institutions of higher education for the presence of the discipline “Agricultural Law”. The author also gives attention to the up-to-date scientific literature in this discipline.   The research is based on the methods of analysis, observation, description, the formal-legal method and sociological method. The author arrives at the following conclusions: 1) in specialized agricultural universities, even if they have the faculty of law, the discipline “Agricultural law” is often not taught in bachelor degree courses. The author suggests introducing the compulsory discipline “Agricultural Law” in field-oriented educational institutions (primarily those under the Ministry of Agriculture). 2) the author notes students’ low motivation for studying this discipline. 3) there’s a lack of up-to-date agricultural law textbooks.   
Agriculture, 2019-2
Voronina N.P. - Agricultural cooperation: problems of legal regulation pp. 1-6

DOI:
10.7256/2453-8809.2019.2.32453

Abstract: In modern conditions of import substitution and increased export of agricultural products, it is important to ensure proper legal support for agricultural cooperation as a mechanism that allows combining economic opportunities and sharing risks of agricultural entities. Foreign experience shows that agricultural cooperation is a complex socio-economic mechanism that solves not only economic but also social problems. Legislative regulation of agricultural cooperation has many legal approaches. But in most countries, legal regulation is of a special nature. This makes it possible to reflect the legal features of agricultural cooperatives and form a mechanism for state support. In modern conditions of the proposed unification of legislation on cooperatives, the conclusion that there are objective prerequisites for the preservation of the Federal law "On agricultural cooperation" is justified.   In this article, through the prism of the analysis of Russian pre-revolutionary and Soviet legislation, as well as Russian and foreign doctrines of agricultural cooperation, the author reveals the problems of legal regulation of agricultural cooperation and formulates suggestions about the improvement of legal regulation of agricultural cooperation.   This led to the conclusion that it is possible to reflect the features of the legal status of agricultural cooperatives as subjects of agricultural activity only through differentiated legal regulation of agricultural cooperation. However, shortcomings of legal regulation require a new version of Federal law "n agricultural cooperation".
International Law, 2018-3
Kudel'kin N.S., Rednikova T.V. - The Arctic and non-Arctic countries: environmental-legal and international legal aspects on the example of Chinas Arctic policy pp. 7-19

DOI:
10.25136/2306-9899.2018.3.27585

Abstract: Currently, the Arctic becomes a territory of the conflict of interest for a wide variety of countries, including those located far from the polar circle. The goal of this work is the analysis of tasks and goals of such countries in the Arctic, as well as the possible consequences of escalation of their activities. The White Paper “China’s Arctic Policy” declares the interest to cooperation in the following spheres: climate change, environment, scientific research, use of sea routes, resource survey and exploitation, security and international relations, as well as emphasizes China’s reliance on environmental situation in the Arctic. Due to the conflict of interests between the Arctic and non-Arctic states and desire of the latters to take strong positions in the region, a question on the adoption of special international document that would regulate the order and limits of activities of all subjects becomes urgent. The authors believe that collaborative work of the Arctic and non-Arctic states aimed at preservation of nature of the Arctic, can become a powerful environment-oriented instrument, which allows applying the scientific and economic potential of the entire humanity. At the same time, the realization of environment-oriented activity should not grant the priority right to the subjects for the natural resource development. The non-Arctic countries can also significantly contribute to preservation of the Arctic nature through introduction of the domestic policy aimed at minimization of their negative impact on the environment. Such measures can become more efficient for the protection of Arctic environment, than the measures implemented directly in this region.  
International Law and International Organizations, 2018-2
Rednikova T.V., Kudelkin N., Ma X. - State policy of the Russian Federation and the Peoples Republic of China in the area of the Arctic environmental protection: prospects of international and bilateral cooperation pp. 17-31

DOI:
10.7256/2454-0633.2018.2.25919

Abstract: In the conditions of economic globalization and integration, the relevant issues of ensuring sustainable development to the region can be resolve through the international and transnational cooperation. The article analyzes the regulations of state policy of Russia and China in the area of the Arctic environmental protection, as well as attempts to find the vectors of joint activity of the countries. Such analysis demonstrated that the acknowledgement at the highest level of the serious environmental threats testifies to the intention to overcome them. The Russian political doctrine contains an extensive of measures on environmental protection and ensuring sustainable development to the region. The claimed goal can be achieved exceptionally through improving the system of legal regulation of all types of activities in the Arctic. The article also analyzes the positions of the White Paper “The Arctic Policy of China” in the area of environmental protection, dedicated to China’s involvement in solution of the environmental issues of the region. Comparing the political doctrines of Russia and China pertinent to the Arctic environmental protection, the authors underline the similarity of the tasks and goals contained within. Currently, the most topical are the struggle against pollution, preservation of the Arctic ecosystems, and the fight against global warming. Cooperation between the countries can be realized on the basis of international, as well as bilateral agreements. In order to ensure the interests of the Russian Federation in the Arctic, the authors find reasonable to formulate and sign a separate regional bilateral agreement, dedicated to the problems of environmental protection in the Arctic.
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