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MAIN PAGE > Journal "Agriculture" > Contents of Issue ¹ 02/2022
Contents of Issue ¹ 02/2022
Genetic engineering
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

EDN: DVTIPX

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 management
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

EDN: XSKRKW

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.
Animal husbandry
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

EDN: XTBYWQ

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.
History of agriculture
Bogolyubov S.A. - M.I. Kozyr's Agrarian Law Ideas are Confirmed pp. 34-41

DOI:
10.7256/2453-8809.2022.2.39397

EDN: XDJXMV

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.
Household plots and entrepreneurship
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

EDN: XEZLPY

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.
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