Law and Politics - rubric Human and environment

Abstract: The problem of existing of the society as a single unit, which is integrated by the material conditions of life of a social organism is currently being interpreted through the outdated ideas of multiple so-called “laws of social development”, which are themselves outdated and far from scientific proof. Based on the analysis of the law of self-regulation (self-development) of nature and objective patterns of its expression in society the author provides in this article his own views on the problem, and provides ideas as to improvement of scientific and legal activities in the state and improvement of legislation

Keywords: political science, world, nature, law, society, pattern, self-regulation, state, law, legislation

Abstract: This article is devoted to specific features of formation and development of state policy in the sphere of legal guarantees of ecological safety, while developing and implementing nanotechnologies in Russia. The author points out legal problems in this sphere, provides comparative legal analysis of ecological legal policy and law-making in the sphere of ecological security of nanotechnologies in the foreign states, and based on this analysis, she offers to improve Russian legislation in this sphere

Keywords: jurisprudence, state ecological policy, legal guarantees of ecological security, legal protection of environment, innovation spheres of industry, nanotechnologies, Strategy of development of nanoindustry, Strategy of national security of the Russian Feder

Abstract: The article is devoted to the political aspects of globalization through stable development, and much attention is paid to the political element of natural globalization, which walls behind from economic and other elements of this global process. The author analyzes role of state and state government in the implementation of globalization processes through stable development, as well as evolution of the phenomenon of statehood. The author pays attention to ecological globalization, ecological policy, its specific features, principles of evolution towards stable future

Keywords: political science, security, security through stable development, globalization, global contract, global processes, state, politics of stable development, stable development

Abstract: The review of this book includes such aspects as public ecological law, European and national constitutional environment protection law, general ecological administration law, emission law, water protection law, closed cycle of entrepreneurial activity and the legal regulation of waste turnover, environment protection law, soil protection and residual ecological harm, energetic legal directives, atomic law, genetic technical law, law of dangerous substances, ecological protection in planning law, ecology and transportation, ecology and agriculture, ecology protection and the free trade. The book includes analysis of changes in the ecological law in 35 years since the first ecological program in the Government of the FRG. Keywords: jurisprudence, Germany, ecology, FRG, law, EU, environment, study, practice

Abstract: The article includes results of criminal science study of the influence on outer factors onto the changes in the level of violent crimes in the modern Russia. Taking into account the role of social element in deviant behavior, the author, using the exact methods of scientific search checks the hypothesis on statistically relevant correlation between solar activity, change of seasons, and the social pathology and aggressive motivation. Keywords: jurisprudence, crime, violence, aggression, cosmo-telluric, seasonal, factor, explanation, statistics, hypothesis

Abstract: The problem of finding reasonable balance in the relations between an individual and nature is a new challenge of our time. The nature is a natural basis for the life of the society and, the society humanizes the nature within the process of material production. Interdependence of society and nature leads to objective relations on rational use of natural resources, which in turn call for understanding of objective laws of such interaction, including the legal regulation of such relations. Keywords: jurisprudence, law, events, nature, society, law, self-regulation, self-development, regulation, Constitution

Abstract: The problems of ecological harm, mechanisms and threats, as well as the risks, arising from the negative influence onto the environment attract attention of specialists, both in Russia and abroad. The authors discuss elements and marks of ecological harm, calculations, specific features of harmful consequences in various components of environment, correlation of ecological harm and economic harm, etc. All of this serves as the basis for three directions: compensation of ecological harm to persons, juridical persons and states, prevention of ecological violations and punishment of perpetrators, and, finally for the formation of means for prevention of ecological harm, and lowering the scale of ecological risks. Keywords: jurisprudence, law, ecological risk, ecological harm, ecological audit, ecological payments, harm, management, modeling, compensation of harm

Abstract: This article is devoted to the analysis of institution of provocation in the English criminal law, problems of its practical application and further reforming. The defense by reference to provocation establishes qualification of the act as a plain manslaughter, since at the moment of crime a person acts due to loss of control, which, in turn, is caused by provocative behavior of the victim. In spite of the long history and detailed regulation, the institution of provocation still changes in order to be perfected, that is why its analysis is quite topical. Keywords: jurisprudence, provocation, manslaughter, England, heat of passion, defense, self-control, qualification, punishment, criminal

Abstract: As the author of this article points out, the situation in the sphere of agriculture in Russia remains very difficult in spite of all the late achievements. The process of agricultural production needs effective and stable means in both the financial and the legal sphere of its regulation. The author stresses that it is a mistake to view the agricultural law as something that merely follow the existing relations in the sphere of agriculture. On the opposite, the agricultural law should be pushing these relations forward…

Abstract: Ecological information is of obvious importance. It is fairly regarded as a harmonizing phenomenon, capable of uniting the interests of the society both at the national and international levels, it allows to ensure the right of various subjects to the ecological information, and in the end, to the right to protect one’s ecological rights.

Abstract: Within the last decade in the Far East of Russia more and more timber is being cut, and not only for the internal market, but also for China, Vietnam and other states. A number of violations of law takes place in this sphere.

Abstract: The Russian legislation of the late years in the sphere of environment management and protection of environment have been the subject to much criticism of both professionals and the society as a whole. This article includes critical analysis of legislation in this sphere.

Abstract: Currently it becomes clear that a new global society – an information society is being formed. That is why it is so important to study the legal mechanism of information protection in the sphere of ecology.

Abstract: This article is devoted to the social opinion as the measure of social control over the activities of the internal affairs bodies. The study shows that the social evaluation of such activities is dependent on a number of factors: the technical and criminalistic support, professionalism of staff, crime-solving rate, staffing level, mass media. In order to include the social opinion as an element of evaluation, one needs to develop unified procedures and methods for it…

Abstract: Currently the agriculture in Russia is overcoming a crisis, which was caused by the macroeconomic processes. However, as the authors point out, the state of affairs in the Russian agriculture could be much better than it is, which also is relevant to the legal guarantees of efficiency and stability of production, especially in the sphere of agricultural use of land.

Abstract: The article includes information on initiatives on prevention of global warming and climate changes on international and national levels of various states, as well as on results of the latest UN conferences on climate change. The author also provides statistical data on the greenhouse gas input by various states.

Keywords: jurisprudence, climate, waste, ecology, warming, Convention, initiative, obligation, legislation, Conference

Abstract: The article is devoted to some issues of ensuring ecological security in nuclear energy sphere. The author studies the issues of correlation of ecological security of nuclear and other energetic objects, the costs of nuclear energy use, lowering the related risks, role of legal and international legal mechanisms in this process. Ensuring ecological security at the nuclear energy enterprises is viewed within the concept of stable development.

Keywords: jurisprudence, legal mechanism, energy, ecological security, radiation, organic sources of energy, harm to environment, IAEA, nucleus, security, APS

Abstract: The article is devoted to the problems of the institution of criminal responsibility for the ecological crimes, including pollution of environment. The topicality of the issue has to do with the low statistical data on the quantity of persons, brought to the criminal responsibility for these actions. This issue is topical due to the annual worsening of the situation in the sphere of ecology in spite of all the efforts of the state to ensure ecological security. In the opinion of the author the Criminal Code of the Russian Federation needs improvement in the sphere of formulation of forms of guilt and dispositions of a number of ecological crimes.

Keywords: jurisprudence, criminal responsibility, environment, pollution of environment, air, ecological harm, qualification of crimes, subject of crimes, subjective element, criminal intent

Abstract: From the middle of 1970s, the protection of environment became one of the top priorities in the policy of the EU, both at the state and the Community level. However, in practice, it was limited to command and control functions and some legislative acts. And it’s only since 1990s, when the European Commission offered the EU the new Directive on control functions of the EU in the sphere of natural resources and protection of the environment of the European continent, with much attention to the supranational control.

Keywords: political science, politics, EU, concept of stable development, environment protection, ecological security, ecological policy, global development, standard of living

Abstract: The article includes analysis of the newest discussion of the issues of legal protection of climate, taking into account the decisions of the Copenhagen Forum (December, 2009). The authors take a look at the theoretical approaches, as well as the practice of realization of use of renewable sources of energy (wind, sun) in EU and FRG. The authors pay attention to the modern concepts of climate protection, as well as to the factors, which prevent their implementation in the developed and developing states.

Keywords: jurisprudence, atmosphere, geo-engineering, climate, nature, ecology, energy, energy-efficiency, pollution, energy-saving

Abstract: At the current stage of development of the Russian state ensuring the reasonable balance between nature and people has became a political, social and economic problem. The need to rationally use natural resources presupposes the studies of nature and society within the process of implementation of human activities, including legal regulation of relations, caused by events.

Keywords: jurisprudence, nature, society, politics, state, law, event, realization of law

Abstract: The article is devoted to the nature and specific features of legal regulation of international turnover of waste in two member states of the EU: Poland and Czech Republic. The author establishes the specific features of control of turnover of waste in EU, their incoming and outcoming, as well as criminal responsibility for the violations of rules for the international turnover of waste.

Keywords: political science, incoming, outcoming, legislation, responsibility, waste, law

Abstract: The article supports the use of category “environmental potential” as a new instrument of formation of international and national environmental policy and ecological law, which is aimed to solve the problems of “living by ecological means”. The potential of nature as an instrument can be reasonably used in ecological law taking into account the existing degradation of nature, the needs for specific natural resources and the abilities to regain them, development based on ecological footprint, productivity of the biosphere of the planet

Keywords: international law, potential of the nature, international ecological law, protection of nature, use of natural resources, protection of nature, ecological footprint, productivity of the biosphere of the planet, international ecological policy, national ec

Abstract: The formation of special methods is required by the complicated character of calculation of damage in this sphere. When the claim is filed it is not always possible to establish the character and amount of consequences, which are caused by ecological offence. The article includes the provisions for the general methods for calculation of damage in various spheres of nature management, which would allow to form general approach to calculation of damage.

Keywords: jurisprudence, environment, sphere, damage, harm, compensation, method, ecological, protection

Abstract: The article is concerned with the legal definition of “ecologically important decisions” based on existing doctrinal positions and the ecological legislation. The author then comes to a conclusion that they are chosen and made by the government bodies and other subjects of economic activities, which are related to the use of natural resources and (or) negative influence on environment, based on recognition of ecological requirements, which in turn establish the prevention and lowering of negative influence on the environment, return the environment to a better condition, support rational use of natural resources and protection of ecological rights of the people. Such an understanding allows to establish formation, acceptance and implementation of economic and governmental decisions with due respect to ecological requirements.

Keywords: jurisprudence, environment, important, decision, protection, environmental, rational, use of natural resources, environmental rights

DOI: 10.7256/2454-0706.2021.11.36847

Abstract: This article discusses the use of international experience for the purpose of improving the normative-organizational framework for regulation of tourism in the Central Ecological Zone of the Baikal Natural Reserve. Analysis is conducted on the Global Code of Ethics for Tourism, Framework Convention on Tourism Ethics, and interim results of the decade-long Framework Program for Sustainable Consumption and Production (with regards to sustainable tourism). The author discloses the basic content of the global initiative of reducing plastic consumption in tourism, as well as recommendations for the improvement of procurement activity in tourism sector. Special attention is given to the efforts on the advancement of sustainable tourism within the framework of the Convention on Biological Diversity. The article reviews the core principles concerning biodiversity and tourism development that ensure its sustainable character, and the main characteristics of the corresponding practical guides. Emphasis is also placed Guidance for tourism partnerships and concessions for protected areas and Akwé: Kon Guidelines, which are rarely mentioned in legal literature. Based on the analysis of positive normative and organizational solutions, the conclusion is formulated on the importance of these documents for the development of tourism in the Central Ecological Zone of the Baikal Natural Reserve. The author underline the importance of general-political recognition of the value of tourism (including the listed protected natural territories) and the reflection of this approach in the reputable international documents. An opinion is put forward on the importance of accurate determination of the current recreational load on the Lake Baikal and its adjacent territories, as well as calculation (based on the in-depth scientific research) of the maximum permissible level of recreational load, the excess of which threatens the conservation of the Baikal ecosystem.

Keywords: recreational load, environmental violations, planned activities, Lake Baikal, world heritage, regulation of tourism activities, Baikal Natural Territory, environmental protection, tourism, threat to ecosystem conservation

DOI: 10.7256/2454-0706.2022.1.37171

Abstract: The subject of this research is a set of legal norms regulating social relations that arise in the context of use and protection of the Arctic zone of the Russian Federation. The goal lies in formulation of the conclusions and recommendations for the improvement of legal regulation in this sphere. The relevance of the selected topic is substantiated by interest of the state in the development of Arctic Zone as a strategic resource base for accelerating the economic growth of the Russian Federation. Among the priority national interests are also the environmental protection of region, conservation of the native habitat and traditional way of living of the indigenous small-numbered peoples. This emphasizes the importance of intensification of use and preservation of the vulnerable areas of the region. The author dwells on the current issues of the formation of territories of traditional management of natural resources and legal status of their lands; rights of the indigenous peoples to land in their native habitat and traditional economy; provision of land plots to entrepreneurs who are the residents of the Arctic Zone; protection of the Arctic lands, etc. The conclusion is made on the existence of gaps and contradictions in legislation of the indicated sphere, which requires revision and improvement. This pertains to the questions of formation of the territories of traditional management of natural resources, maintenance and modification of their boundaries, establishment of the special protection regime in the federal law, etc. The scientific novelty lies in the fact that the adopted simplified procedure for providing entrepreneurs who are residents of the Arctic Zone with land plots aimed at expansion of the development of natural resources of the Arctic, may negatively affect the status of lands and overall fragile environment of the Arctic Zone, and thus, lead to infringement upon the interests of the local population, including the indigenous peoples. The author formulates a number of recommendations for the improvement of legislation, among which is the amendments to the Paragraph 2 of the Article 39.34 of the Land Code of the Russian Federation on the establishment of highly restricted cases of termination of permits using the land plots by the indigenous small-numbered peoples.

Keywords: protection of AZ lands, provision of lands, resident of the Arctic zone, TPP lands, land rights, territories of traditional nature use, indigenous peoples, AZ lands, Arctic zone of the Russian Federation, the standard of responsibility of residents

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.

Keywords: exceptional cases of transfer, land transfer, especially valuable agricultural lands, agricultural land plots, mining, agricultural lands, land disposal, sustainable development, economic turnover, agriculture

DOI: 10.7256/2454-0706.2023.9.44121

Abstract: The subject of the article is the provisions of strategic planning documents in the field of ensuring national, environmental, energy and economic security, as well as the provisions of strategic planning documents dedicated to the Russian Arctic. The purpose of the work is to study the above-mentioned documents, identify environmental conflicts consisting in their provisions and develop proposals for their resolution and prevention. The methodological basis of the study is based on the system of methods, means of cognition and logical techniques, in the process of work general scientific, private and special methods were used. Such as synthesis, analysis, deduction, analogy, induction, formal legal and others. The relevance of the research topic is indicated by the fact that the Arctic plays an important role in ensuring Russia's strategic national interests in such areas as the economy, transport, environmental protection, defense, and a number of others. Many aspects of Russia's national security depend on the state of the environment of the Russian Arctic, as well as on the implementation of economic activities on its territory, therefore, the resolution and prevention of environmental conflicts concerning this region is an important and urgent task, since without a balance of interests in this area, both the sustainable development of the Russian Arctic and preservation of its unique natural environment seems unlikely. The paper concludes that in order to resolve the main law-making environmental conflict that takes place in the strategic documents under consideration, it is necessary to exclude from the list of threats (challenges) to economic and energy security such a factor as redundancy of requirements in the field of environmental safety and the increase in the costs of their implementation. In turn, in order to ensure a balance of interests in the implementation of nature management and environmental protection in the Russian Arctic, it is proposed to use the best available technologies, as well as the natural and ecological framework of the territory.

Keywords: legal conflict, environmental conflict, energy security, economic security, environmental security, national security, environmental pollution, environmental protection, Arctic, The Northern Sea Route

DOI: 10.7256/2454-0706.2024.2.69718

Abstract: The object of the study is the relations of environmental management in the Micronesian states, the subject is the legislation and doctrine in the field of exploitation of natural resources of the countries of Micronesia: Wake Island, the Republic of the Marshall Islands, the Federated States of Micronesia, the Republic of Palau, the Commonwealth of the Northern Mariinsky Islands, the Territory of Guam, the possessions of the United States of America. The author examines the features of the state natural resource mechanism in the listed jurisdictions. The article examines the institution of ownership of natural resources, the permissive procedure for the use of natural objects. In addition, the author addresses the problems of implementing the norms of international maritime law, explores the legal regime of the Micronesian waters. The work completes the "Oceanic Sonata" in the theory of natural resource law of foreign countries and takes it to the next scientific level, qualitatively raising the "bar" for followers. The relevance of the research is due to the theoretical and practical significance of the content of the article, which reflects domestic interests in Oceania. The author in the article operated with dialectical, logical, historical, formal legal, comparative legal, deduction, induction and other methods of cognition. The scientific novelty of the presented work lies in the originality of the conclusions and the work itself, which contains fundamentally new information on the subject of research. Legal publications about Micronesia are insignificant, "living classics" is presented to your attention - one of the few Russian scientific articles about this Pacific region, while the available works are largely outdated, and some jurisdictions are covered in the domestic sciences for the first time. The author discusses with foreign scientists, analyzing foreign doctrine and legislation, and suggests using the experience of the United States of America in the Russian Federation. At the same time, violations of the norms of international maritime law in the Pacific Ocean are noted, as well as cases of declaring the existence of an exclusive economic zone and the continental shelf of the United States of America in the waters of sovereign States and unoccupied atolls, but also their inclusion in the American Empire as possessions of the United States of America, acting as a possessor of other States.

Keywords: micronesian foreign investment, mining licence, mining management, International Maritime Law, Micronesia, polymetallic nodules, continental shelf, natural resource law, subsoil ownership, land ownership

DOI: 10.7256/2454-0706.2013.6.8078

DOI: 10.7256/2454-0706.2023.8.43926

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.

Keywords: state agrarian policy, agriculture, state of the environment, environmental information, agricultural land, information, soils, law, environmental protection, environment

DOI: 10.7256/2454-0706.2022.12.39365

Abstract: In the environmental legislation of the Russian Federation, designed to regulate public relations about nature, the concept of nature protection is a priority. Lake Baikal is a territory with special conditions of use, with unique natural characteristics and a powerful system of ecological and legal regulation of public relations in the field of environmental protection. For effective planning and regulation of economic activity in the coastal territories of Lake Baikal, it is advisable to involve an ecological and legal mechanism for environmental protection, which allows unambiguously determining the priority right to use the territory, relying on environmental legislation and protecting the rights of nature in resolving conflict situations. The use of the legal environmental zoning tool, which significantly enhances the ecological and legal mechanism by means of cartographic visualization, implemented with the involvement of geoinformation systems, allows us to simultaneously display the effect of all regulatory and legal restrictions on a specific area of the territory. This makes it easy to navigate the legislative space manifested on the ground, taking into account the characteristics of the territory, determine the priority right to use the territory and find the optimal permitted option for conducting permitted activities. So, on the example of the Slyudyansky district of the Irkutsk region, a comparison of the categories of legal zoning with maps of real use of resources was carried out, which clearly showed contradictions in real and permitted use. The visual implementation of the ecological and legal mechanism and the possibility of improving environmental management is shown, through the introduction of a mechanism that allows to identify violations in the regulated use of the territory in an operational mode, ensuring safe rational use of natural resources through the search for the optimal use of different areas of the territory.

Keywords: territorial management, Baikal natural territory, environmental management, regulation anthropogenic activities, environmental law, environmental legal mechanism, protection of lake Baikal, legal ecological zoning, geoinformation system, geoinformation mapping

DOI: 10.7256/2454-0706.2022.9.38735

Abstract: The research subject in this article is the international and national practice of regulation and implementation of activities in the field of tourism in the Central Ecological zone of the Baikal Natural Territory. Based on the materials from the authorities as part of the analysis of the impact of tourism activities on the ecosystem of the "Lake Baikal" World Heritage site, conclusions are formulated about the possibility of deterioration of its ecological state and the emergence of social tension in the event of an increase in the number of tourists on its shores. The content of guidelines on the organization of tourism at UNESCO World Heritage sites is disclosed, and the most successful international practices of tourism management are correlated with the implementation of regional programs for the development and organization of sustainable tourism. The conclusion is formulated about the importance of collecting information about the tourist infrastructure and statistical data. The program documents defining the policy in the field of tourism in the Central ecological zone of the Baikal Natural Territory are analyzed, and the conclusion is made that there is no unified strategy for the development of Baikal as a World Heritage site. The factor of significant influence and participation of the local population in the implementation of tourist activities is noted, and the need for the involvement of the local population in the planning of tourist activities is indicated. The main content of the Global Initiative to Reduce Plastic Consumption in Tourism and recommendations for improving procurement activities in the tourism sector are revealed. The problem of compliance with moral and ethical requirements by stakeholders in tourism is noted as an underestimated problem. The study resulted in recommendations both on the modernization of the existing domestic regulatory framework and the development of new documents in the field of sustainable tourism.

Keywords: rules of tourism, environmental law, tourism management, Baikal Natural Territory, legal protection, organization of tourism, international law, world heritage site, Lake Baikal, tourism activities

DOI: 10.7256/2454-0706.2014.1.10345

DOI: 10.7256/2454-0706.2014.1.52140

Abstract: The necessity of the realization and protection of fundamental rights and freedom of citizens became actual in the twentieth anniversary of the Russian Constitution. The article examines the legal problems of ensuring access to environmental information, including the realization of the constitutional right of citizens to reliable information about the state of the environment. Access to such information is a condition for the realization of other constitutional rights of citizens – the right to a healthy environment, to damage compensation caused to their health or property by any environmental offense, as well as the right to health protection. The guarantee of access to the environmental information should constitute Russia’s accession to the Aarhus Convention. Due to this fact there are some suggestions to improve environmental law, taking into account foreign experience. A comparative analysis of the Russian ecological, sanitary-epidemiological, information and other legislation, as well as foreign legislation in the field of environmental information, providing access to environmental information in accordance with the provisions of the Aarhus Convention, has been made. The improvement of Russian legislation, aimed at the legal regulation of relations in the field of environmental information in a systematic manner, has been proposed. The necessity of development and adoption of the federal law on environmental information is proved, its structure is given, the composition of environmental information is determined, the proposals have been made to align the sub-legislative regulatory legal acts with this law, as well as to increase the effectiveness of administrative responsibility for offenses in the field of environmental information and to fill the existing gaps.

Keywords: environmental information, environmental legislation, the Aarhus Convention, constitutional rights, the environment, access, guarantees, protection, law and foreign legislation.

Abstract: This article contains evaluation of the process of formation of a new judicial system in Russia in 1917-1918. At this time both spontaneously created institutions and the People’s Courts, established by the Soviet bodies, existed. The article contains detailed analysis of formation of the judicial system in the Orenburg province in 1917-1918, statistical and factual data.

Abstract: The complicated economic and political situation in many CIS countries adds to the illegal migration to the Russian Federation. Additionally, Russia became a transit zone for illegal migration of people from Afghanistan and China, South Asia and South-Eastern Asia, striving for the EU (and quite a number of them ends up staying in Russia). This article concerns with illegal migration as cause of a number of threats to the security of the Russian Federation, the author provides possible solutions.

Abstract: Russia joined the WTO, and it raised the topicality of the issue of competition in the agricultural production, especially crop raising in Russia. One should take into account loss of foodstuffs security and dependency on imported agricultural products. One of the key reasons for the Russian agricultural production falling behind is imperfection of its legal regulation. There’s need to overcome conservatism and rigid views on the role and place of law in the agricultural relations, and to form a new paradigm of legal guarantees of stable crop raising.

Keywords: jurisprudence, economics, agricultural, crop raising, production, bio-potential, stability, paradigm, regulation.

Abstract: This article by American lawyers G. Buscher and M.Green is devoted to specific features of the land legislation of the state of Massachusetts, as well as to the sources of its peculiar features – from the Anglo-Saxon law of England to the modern times. The analysis includes the study of the modern zoning system and its limitations, as well as judicial practice and environmental issues. On the whole, the key issue is to achieve a reasonable balance between the municipal powers, state powers, and federal powers, as well as effects and need for “decentralization”.

Abstract: The Russian Federation possesses the largest amount of forest resources in the world. However, the sheer amount in itself is not capable of guaranteeing either high profits or growth of forest-related industry. The Concept of forestry development of the Russian Federation for the years 2003-2010, as approved by the Government of the Russian Federation, contains the statement, according to which the forest resources are used ineffectively. A.A. Sedov’s article includes anlysis of objects of forest-related legal relations, problems of lease of forest land, right for free of charge use of forest by agricultural organizations, state’s role in forest management. Author notes that codification of forestry legislation should provide solutions to problems related to the sharing jurisdiction of the Russian Federation and its subjects in the sphere of forestry and forest management, and also specific provisions as to the powers of the municipal bodies in this sphere.

Abstract: Professor O.L. Dubovik’s article is devoted to the problems of development and application of ecological law in the sphere of ecological conflicts. Author presents her thoughts on necessity and specific features of her approach, characterizes a conflict as such, and as a subject of regulation by the ecological law. The article also contains some basic provisions, which define the influence of ecological law on conflicts, as well as analysis of the need for ecological law due to ecological conflicts, and ways of improvement of the current state of affairs.

DOI: 10.7256/2454-0706.2016.1.13198

Abstract: This article examines the experience of the Russian Federation and foreign countries in the area of comprehensive natural resource management. It is noted that the current system of licensing for natural resource management in the Russian Federation has a number of flaws. Firstly – federal, regional, and local level of licensing for natural resource management is conducted by separate branches of executive power, each of which presents their own requirements. Secondly, there are no unified requirements for the applicants. Thirdly, the lack of a comprehensive approach in the cases where the licensed activity affects other natural objects than those licensed for use. The scientific novelty consists in original comparative-legal analysis of the institution of comprehensive natural resource management that existed in Russia until 2002, and the new institution introduced on January 1, 2015 in accordance with the Federal Law from 07.21.2014 No. 219 “On Introduction of Amendments to the Federal Law “On Environmental Protection” and separate legal acts of the Russian Federation”.

DOI: 10.7256/2454-0706.2016.1.52579

Keywords: Natural resource management, Comprehensive environmental license, Best available technologies, Environmental protection, Environmental legislation, EU legislation, Environmental requirements, Industrial environmental control, Environmental policy, Technical legislative base

Abstract: The complex view on the key concepts, strategies and mechanisms of regulation of the problems of natural resources management is provided by the authors of this article. Transformation of international systems under the infl uence of the crisis trends in all of the key spheres of the modern society (economics, social relations, politics, culture, environment, etc.) and the spread of the neo-liberal values led to the concept of decentralization and to the formation of the new hybrid forms of co-management of natural resources.

Keywords: political science, nature, resource, habitat, management, globalization, regime, decentralization, property, co-management.

DOI: 10.7256/2454-0706.2014.4.11675

DOI: 10.7256/2454-0706.2014.4.52183

Abstract: The object of studies concerns the energy saving activities as type of entrepreneurial activity. The immediate object of studies defined the need to achieve the goal of the study: to reveal the contents of the term “energy saving activities”, to resolve the issue of the possibility to single out the energy saving activity as a separate type of economic activity, establish elements of energy saving activity. In the course of studies the author analyzed the provisions of the Federal Law of November 23, 2009 N. 261-FZ “On energy saving and improvement of energy efficiency and on the amendments to certain legislative acts of the Russian Federation”. The article employs general scientific and special legal methods of studies, namely, systemic, logical, dialectic, historical, structural-functional, formal legal, comparative legal, legal modeling, observation, description, documents analysis and other scientific cognition methods. Based upon the analysis of normative acts, doctrinal sources and materials the author provides a conclusion on the formation of a separate direction of economic activity – energy saving activity. The author then offers the definition of the energy saving activity as a combination of the activities of an economic subject, which are aimed at achievement and preservation of the energy saving regime based upon efficient and rational use of resources. The article provides key elements characterizing the energy saving activities and reflecting its specificities.

Keywords: Energy saving, energy efficiency, energy saving activity, energy service contract, energy saving contract, energy strategy, energy industry, entrepreneurial activity, energy service market, energy resources.

Abstract: Modernization of agricultural production is an inalienable part of the economy of the state, and it presupposes not only introduction of innovative methods of its organization, management and functioning, but also use of the classic well-recommended instruments, such as placement and specialization of the agricultural production. However the practice shows that mass ignorance of this heritage in the rural area. It’s not always that the free market motivates the producer for correct, effi cient and stable work. In such cases the role of legal regulation of placement and specialization of the agricultural production is especially important. Unfortunately after the breakup of the Soviet Union the Russian Federation lacks the effi cient system of legal regulation in this sphere, which establishes the topicality of the studies in this sphere.

Keywords: jurisprudence, agricultural, production, sphere, placement, specialization, legal, infl uence, guarantees.

DOI: 10.7256/2454-0706.2016.4.13946

Abstract: The main object of this research is the comparative law analysis of the relations in the area of fundamental environmental rights in the Russian Federation and India, as well as the key means of their protection. The subject of this research is the right of a human and citizen to favorable environment, its key elements, as well as the mechanism of its legal realization. In the comparative legal context, the authors research the positions of the Constitutions of the Russian Federation and India, which establish the rights to a favorable environment. A special attention is given to such issues as the legal status of the branches of government authority involved in the process of protection of the right to favorable environment in Russia and India, and highlight the special role of the judicial branches in the legislative branch of power, as well as the importance of court decisions in the environmental legislation of India. The authors highlight the general and distinctive features of other legal principles aimed at protection of the right of every individual to favorable environment in Russia and India.

Keywords: Comparative law methodology, environmental law of the Russian Federation, environmental law of India, favorable environment, environmental protection, Ministry of Natural Resources, Constitutional Court of the Russian Federation, India Supreme Court, India Environmental Act, environmental rights

DOI: 10.7256/2454-0706.2016.4.52623

Abstract: This article includes scientifi c analysis of the legal bases for dealing with waste of production and usage. The authors study the norms of legislation of a number of foreign states in the sphere of classifi cation and treatment of medicinal waste. The term “medicinal waste” is characterized based on the sources of their formation within the framework of sanitary and epidemiological by-laws and other normative acts.

Keywords: medicinal waste, sanitary and epidemiological waste, the Basel convention, classifi cation of medicinal waste, collection of medicinal waste.

DOI: 10.7256/2454-0706.2015.5.15106

Abstract: The article examines the issues of legal regulation of the environmental impact assessment (EIA) in the Caspian Sea. The application of this preventative mechanism becomes especially relevant in light of the growing anthropogenic impact upon this region. The article analyzes not only the corresponding international legal treaties, but also the national legislation of the littoral states on this procedure, taking into account the peculiarities of the legal status. A special attention is given to the comparative analysis of the Protocol on the Environmental Impact Assessment in a Transboundary Context of the Framework Convention on Protection of the Environment of the Caspian Sea, Convention on Environmental Impact Assessment in a Transboundary Context of 1991, and the Guide to Environmental Impact Assessment Ordinance in a Transboundary Context of the Caspian Sea region. The author concludes that the enactment of the Protocol on the Environmental Impact Assessment in a Transboundary Context would be a positive step, while at the same time the effectiveness of realization of its positions would largely depend upon the degree to which the Caspian States can harmonize their national legislation with the EIA.

Keywords: Caspian ecosystem, environmental issues, Caspian region, transboundary context, Protocol on Environment Impact Assessment, Caspian Sea, environment, impact assessment, natural resource management, oil and gas resources

DOI: 10.7256/2454-0706.2015.5.52426

DOI: 10.7256/2454-0706.2013.6.51997

Abstract: The article answers the question about the criteria for defining the amount of compensation for moral damage caused as a result of environment offence. This is a topical issue because the Russian legislation has a whole range of criteria for defining the amount of compensation for moral damage. At the same time, special features of moral damage caused as a result of environment offence allow us to define additional criteria for defining the amount of moral damaged caused as a result of environmental offence.

Keywords: Law studies, offence, damage, suffering, amount, criteria, law, environment, court, compensation.

Abstract: This article is devoted to the legal problems of protection of environment in the conditions of modernizing economy in Russia. The author states that modernization of economy should be implemented taking into account the sustainable development and guaranteed in environmental legal framework by the formation of an effi cient legislative regulation of the legal means of protection of environment and rational use of natural resources.

Keywords: jurisprudence, law, nature, environment, modernization, sustainable development, ecology, crisis.

DOI: 10.7256/2454-0706.2014.7.11633

DOI: 10.7256/2454-0706.2014.7.52231

Abstract: The article concerns the issues of legal regulation in the sphere of renewable energy resources and environmental protection in the USA. This is a topical issue both for the USA and for the entire world, since the issues of exhaustion of mineral resources and energy carriers in particular are also very topical, so are the issues of environmental protection. Both the USA and most of the Western states started taking the matters of renewable energy resources seriously in 1970s due to the energy crisis. The Government of the USA takes measures in order to stimulate scientific research in the sphere of renewable energy resources, production and use of such energy. The analysis of the US legislation in this sphere allows one to say that the energy policy of this state is aimed at higher energy efficiency and energy saving, development of renewable energy resources. In the last three decades the activities of the federal government in this direction achieved significant results.

Keywords: Energy law, renewable sources of energy, environment, USA, investments, energy efficiency, energy saving, system of credits, energy policy, tax exemptions.

DOI: 10.7256/2454-0706.2013.8.9120

DOI: 10.7256/2454-0706.2013.8.52030

Abstract: The article includes analysis of the environmental policy as well as the legal regulation in the sphere of industrial production and consumption waste treatment at the federal and regional level. The author points out the shortcomings in the federal legal regulation, provides analysis of the possible amendments to the federal legislation on waste, and analyzes regional legislation in this sphere. The legal basis for the treatment of industrial production and consumption is provided for by the Federal Law of July 24, 1998 N. 89-FZ “On industrial production and consumption waste”. However, while its provisions were novel in the 1990s, currently this law fails to resolve the topical problems in this sphere. Its provisions do not meet the challenges of the current environmental situation in Russia. Many of its provisions do not correspond with the modern international, European and foreign legislation. The contents of federal legislation on waste is developed, complemented and specialized within the constituent subjects of the Russian Federation. More than 30 constituent subjects have passed regional normative legal acts in the sphere of waste treatment, which is quite valuable, since it is impossible to have a uniform law, which would take into account specific features of all of the constituent subjects of the Russian Federation.

Keywords: environmental policy, waste, federal legislation, regional legislation, environment, natural resources, economic mechanism, use of waste, cost-effective use of resources, best technologies.

DOI: 10.7256/2454-0706.2013.9.9216

DOI: 10.7256/2454-0706.2013.9.52042

Abstract: The author evaluates the global environmental policy as a system of political management of environmental situation and global allocation of natural resources with the participation of global political actors and global goalsetting. The article shows the key stages of the formation of global environmental policy in its current forms, as well as the systemic roots of the social and political conflict regarding the international political activities in the environmental sphere. The author expresses an opinion that the lack of efficient international cooperation on environment protection issues is due to the conceptual lop-sidedness of the modern sustainable development strategy, since in practice it allows for the functioning of a range of social and economic sub-systems within the frameworks of outdated models of non-sustainable development. In spite of the fact that organized international environmental activity was formed before the concept of sustainable development, one may discuss the so-called sustainable environmental policy within the framework of a complex strategy of civilization transfer to sustainable development, defining its fundamental principles and contents.

Keywords: environmental policy, sustainable development, global problems, environmentalism, global development, social environmental justice, sustainable environmental policy, climatic skepticism, environment protection, political model of sustainable development.

Abstract: This article is devoted to the legal aspects of placement of pipe lines on forest lands and in sub-soil territories. The author expresses an opinion that while Art. 9 of the Forest Code of the Russian Federation provides for 4 legal grounds for provision of the forest lands for the pipe line placement, currently the only possible form is rent of the plot of forest funds. The author establishes the problem of the need to include subsidiary application of the legislation of the Russian Federation on concession agreements to the order and grounds for formation (cessation) of secondary rights to the plot of forest lands (Art. 9 of the Forest Code of the Russian Federation.

Keywords: jurisprudence, natural resources, natural objects, forest funds, forest land, subsoil, plots of subsoil, pipe lines, linear object, servitude

Abstract: The article shows the relevance of the term “blood” as a biological object in relation to the civil law as a branch of law. The author characterizes the ability of blood and its components for the turnover in the civil sector and the possibilities for the privately-owned companies in this sector. The author then shows the need to reform and widen the understanding of “blood” in order to make transplantation market more liberal. The term “object of biological origin” is based on the idea of possibility to separate it from a whole being and possible transportation.

Keywords: jurisprudence, civil, blood, component, donor, transplanting, turnover, origin, object, participation.

DOI: 10.7256/2454-0706.2014.11.12544

DOI: 10.7256/2454-0706.2014.11.52304

Abstract: This article provides information on the state, structure and dynamics of environmental crimes and criminal infractions. It examines precepts of Norway’s Criminal Code of 1902, Finland’s Criminal Code of 1889 (sections 48 and 48a) and Swedish Environmental Code of 1998, outlining criminal law restrictions to trespassing against environment, its components and natural objects. The article also reviews the work of law enforcement on investigation of environmental crimes and details of court proceedings (Administrative in Finland, District in Sweden), as well as the legal organizational structure of the work of Økokrim (National Authority for Investigation and Prosecution of Economic and Environmental Crime in Norway). Analysis is conducted on the sources of environmental crime legislation of Norway, Sweden and Finland.

Keywords: Criminality, crime, infraction, police, court, environment, ecology, criminal law, legal ban, accountability.

DOI: 10.7256/2454-0706.2014.11.13201

DOI: 10.7256/2454-0706.2014.11.52305

Abstract: This article analyzes the measures taken with regards to violations of waste disposal regulations and warns on their negative impact on the environment and human health. The article examines the issues of administrative, criminal and disciplinary accountability for violations pertaining to waste disposal. It reviews federal acts that regulate this responsibility, as well as acts functioning on a regional level. This work presents international experience on the fight against environmental crimes and analyzes its effectiveness. The methods used in this research are classical for jurisprudence: general logical, legal comparative, synthesis and analysis, etc. The author examines various proposals on improving the criminal law and suggests his own solutions on perfecting the legislative norms on the fight against the environmental infractions.

Keywords: Hazardous waste, environmental crimes, criminological situation, illegal sale of waste, conf licts, legal regulations, criminal law, administrative law, international law, tendencies of infractions.

DOI: 10.7256/2454-0706.2014.12.13346

DOI: 10.7256/2454-0706.2014.12.52331

Abstract: This article discusses the problematics of the legal status of laboratory animals as a separate category of legal objects. The subject of this research is the Russian legislation in the field of regulation on the laboratory animals used in experiments. Despite the propagation of the humanistic principles and ideology of gentle attitude towards nature, there is still insufficient progress made in resolving this problem. This research discusses the bases that substantiate the specific nature and significance of this issue within the modern legal system. This work presents all the main positions of legal regulation on the use of animals in scientific experiments, which until now was only partially described in the works of modern researches. This category of animals does not fall under the faunistic legislation, but the specific manner in which they are used is not subject to the norms of the civil law. The special legislation that applies in this case is still at a stage of development within the Russian Federation.

Keywords: Animal rights, laboratory animals, animal protection, experimental work, experiments on animals, wildlife, 3R, vivisection.

DOI: 10.7256/2454-0706.2014.12.13789

DOI: 10.7256/2454-0706.2014.12.52332

Abstract: The problems of the implementation of institution of civil-legal responsibility for damages to the environment become the subject of this research. The author presents the issue of the limitation of principles and norms of the civil legislation in regulation of the environmental relations. Analyzing the category “environmental harm” from the position of interests protected by law, the author focuses her attention on the fact that inflicting damage to the environment simultaneously infringes on both, the public environmental interests, and the property rights of private parties. In cases of conflict of interests often emerges the problem of prioritizing protection. Based on the analysis of the acting legislation and legal practice it is evident that the institution for reimbursement of environmental damages does not fulfill its main compensational and restorative function. The author draws a conclusion that in addressing the requests for compensation of environmental harm it is necessary to limit the type of protect such as reimbursement of losses.

Keywords: Civil responsibility, environmental harm, environment, losses, natural restitution, reimbursement of losses, public interests, private interests, methods of compensation.

Abstract: The article is devoted to the topical issues of distinguishing the powers of the state controlling bodies in the sphere of hunting and rational use of hunting resources. The author comes to a conclusion that frequent reorganizations of stat bodies, as well as often ungrounded shifts of powers and spheres of responsibility lower the efficiency of regulation in this sphere. There is need to form an independent federal executive body, which would be specially empowered in the sphere of hunting and protection of hunting resources, which would be subordinated to the Government of the Russian Federation.

Keywords: jurisprudence, Department, hunting, powers, distinguishing, rational, use, protection, state, bodies.

Abstract: The limited resources and changes of climate of Earth made both scientists and politicians at international and national level deeply worried by the protection of the interests of the future generations, due to which the concept of the rights of the future generations was formed. Under this concept the theory of fairness in relations between generations and the principle of responsibility of the current generation towards the future generation have appeared and were enshrined in the international law and national constitution, upheld by the judicial bodies. In spite of the fact that the future generations cannot protect their rights and interests themselves, the current legal practice shows the right to address the court for the benefi t of the future generations. One should regard as effi cient measures for the protection of the future generations the establishment of provisions of the national legislation on the obligations of the state to take into account the interests of the future generations when establishing the policy or the development strategy. It is also necessary to create at both national and international level the institutions analogous to ombudsmen, which would represent the interests of the future generations.