Reference:
Semenova I.V..
Features of the legal regulation of the use of aquatic biological resources by indigenous minorities
// NB: Administrative Law and Administration Practice.
2024. № 4.
P. 1-13.
DOI: 10.7256/2306-9945.2024.4.71795 EDN: FNGFJB URL: https://en.nbpublish.com/library_read_article.php?id=71795
Abstract:
The article deals with the peculiarities of legal regulation of the use of aquatic biological resources by small indigenous minorities of the Russian Federation. The legal status of indigenous minorities is analyzed, and it is also noted why the indigenous minorities of the North, Siberia and the Far East of the Russian Federation have a special position in the field of traditional fishing. The author considers the problematics of the rights and obligations of the peoples of the North in relation to the extraction of aquatic biological resources. Special attention is paid to modern legislative gaps existing in this sphere. The main ways of solving the identified problems are defined and the effectiveness of existing legislative acts is evaluated. The author analyzed the draft law No. 309477-8, designed to amend the Federal Law “On Fishing and Conservation of Aquatic Biological Resources”. The main conclusions of the study are, formulated by the author proposals to improve the legislation, as well as the problems of legal regulation in this area discovered by him. The author proposed the introduction of the term “traditional fishing” into the Law on Fishing. In addition, the application procedure for obtaining quotas for traditional fishing was identified as one of the main problems of small indigenous minorities of the North in their fishing. The author identified the need to detail the draft law No. 309477-8 in terms of the implementation of the new mechanism in practice, especially with regard to fixing the volume of catch of aquatic biological resources and the gear used for their extraction. The study revealed the expediency of providing representatives of indigenous minorities of the North with preferential quotas for economic activities in order to develop entrepreneurial activity in their environment.
Keywords:
traditional natural resource use, aquatic resources, traditional fishing, legal regulation, fisheries, government regulation, aquatic biological resources, peoples of the North, indigenous, indigenous minorities
Reference:
Semenova I.V..
Modern problems of legal regulation of the use and protection of aquatic biological resources
// NB: Administrative Law and Administration Practice.
2024. № 3.
P. 16-29.
DOI: 10.7256/2306-9945.2024.3.71754 EDN: EUNOUF URL: https://en.nbpublish.com/library_read_article.php?id=71754
Abstract:
The author discusses the current state of legal regulation of fisheries in the Russian Federation and relations related to the use and conservation of aquatic biological resources. It provides an overview of the main legislative framework in this area and the specifics of its implementation. The author highlights the main types of fishing activities. Special attention is given to the challenges facing the industry and measures taken to address them. One particular issue discussed is violations of regulations related to amateur fishing, which can lead to depletion of aquatic biological resources and pollution of aquatic resources. The importance of preventing adverse consequences for the fishing industry caused by external factors is emphasized, using the example of measures taken by the Russian Federation to limit fish imports from Japan in 2023. It is noted that the Russian fishing industry is currently undergoing a process of global modernization. A significant part of this process is the mechanism of investment quotas. The author analyses various points of view on this project. Some argue against it, while others support the favorable outcomes of the investment quota mechanism. It is noted that, even a partial implementation of the program would lead to an improvement in the equipment state of the industry. The article review the current state of legal regulation of the fisheries complex of the Russian Federation, the use and protection of aquatic biological resources. The author provides a description of the main regulatory framework in this area, highlights the main types of fishing and the specifics of their regulation at the legislative level. Special attention is paid to the problems of the industry and the measures taken to solve them. Conclusions and suggestions for improving the considered gaps in government regulation are formulated.
Keywords:
renovation, investment quotas, conservation of resources, modern problems, resources, legal regulation, fisheries, rational use, government regulation, aquatic biological resources
Reference:
Razov P.S..
Problems and Prospects of Legal Regulation of the Federal State Information System for Accounting and Control of Waste Management of Hazard classes I and II
// NB: Administrative Law and Administration Practice.
2023. № 1.
P. 1-10.
DOI: 10.7256/2306-9945.2023.1.39637 EDN: AZOMQR URL: https://en.nbpublish.com/library_read_article.php?id=39637
Abstract:
The need to preserve the population, the health and well-being of people, to ensure a comfortable and safe environment for life determines the importance of a scientifically based transformation of the waste management system, including waste of hazard classes I and II. In the conditions of digital transformation, the Federal State Information System for Accounting and Control of Waste Management of hazard classes I and II has become a factor in streamlining state management of waste management. The system in question was created for the purpose of information support of waste management activities. At the same time, its creation began in 2019 and included a set of legal, organizational and informational measures. The author has determined that the implementation of this system ensures the implementation at a more advanced level of some economic and legal principles of waste management, including the principle of "polluter pays", the principle of economic incentives and the principle of proximity. At the same time, taking into account the identified problems at the present stage of development, directions for improving this system are seen, including: increasing its openness to ensure the possibility of civil control over the sphere of waste management, as well as the use of up-to-date digital technologies, including smart contract technologies that provide automatic transmission of information to the system. The author's ideas can be used to improve the legal regulation of this system and subsequent scientific research.
Keywords:
ecologization, Rosatom, federal environmental operator, placement scheme, hazardous waste, digital transformation, tailings, information system, legal regulation, principles
Reference:
Razova Y.A..
Legal Regulation of Strategic Public Administration in the Field of Environmental Protection (on the Example of the Subjects of the Ural Federal District)
// NB: Administrative Law and Administration Practice.
2023. № 1.
P. 11-29.
DOI: 10.7256/2306-9945.2023.1.39640 EDN: BEWLDN URL: https://en.nbpublish.com/library_read_article.php?id=39640
Abstract:
In this article, the author, using content analysis based on the formal legal method, investigated strategic planning documents in the field of environmental protection at the federal level, as well as in the subjects of the Russian Federation located on the territory of the Ural Federal District. Based on the results of their analysis, the author concludes that the existing system of strategic management in the field of environmental protection includes at the federal level the decrees of the President of the Russian Federation on national development goals and development objectives, the Environmental Safety Strategy and the national project "Ecology. At the level of the subjects of the Russian Federation, it includes strategies for the socio-economic development of the subjects of the Russian Federation, state programs of the subjects of the Russian Federation (in the field of creating a favorable environment) and regional projects in this area. The author also notes that the period of implementation of state programs in the field of environmental protection differs in different subjects of the Russian Federation, and also differs from the period of implementation of national development goals and socio-economic development strategies of the relevant subjects of the Russian Federation, which requires adjustments for the harmonious development of the strategic management system. Also, according to the author, the fifth paragraph of Article 6 of Federal Law No. 7-FZ of January 10, 2002 requires correction, since it does not correspond to the provision of paragraph 8 of part 1 of Article 44 of Federal Law No. 414-FZ of December 21, 2021, which establishes the authority of the subjects of the Russian Federation to organize and implement regional and inter-municipal programs and projects in the field of environmental protection and environmental safety.
Keywords:
Safety, Ecology, Sustainable development, National goals, Legal regulation, Strategic planning, National projects, Environment, Socio-economic development, Government programs
Reference:
Manin I..
New Zealand Subsoil Using Legal Regime
// NB: Administrative Law and Administration Practice.
2022. № 4.
P. 1-27.
DOI: 10.7256/2306-9945.2022.4.38661 EDN: XRQYRZ URL: https://en.nbpublish.com/library_read_article.php?id=38661
Abstract:
The object of the study is the relations of subsurface use in New Zealand, the subject is the legal regulation of the exploitation of New Zealand natural resources contained in the subsurface and on the seabed - in sulfide fields. The author examines in detail the state mechanism of environmental management, paying special attention to the role of local authorities and the indigenous Maori population in the procedure for granting the right to use mineral deposits, as well as the specifics of the search and production of hydrocarbons on the continental shelf, the legal regime of Antarctica, New Zealand subantarctic territories and water areas. The article examines the institution of ownership of land and subsoil, the permissive procedure for the use of natural objects. The relevance of the work is due to its practical significance and reflects domestic economic interests in Oceania. The scientific novelty of the article lies in the originality of the work containing fundamentally new information on the subject of research - the only one in Russia and one of the few published scientific works on New Zealand natural resource law in the world. The publication analyzes the laws in the current year's edition, it can be used for comparative jurisprudence, in the legislative process, for educational, scientific and other purposes, the article contains conclusions on the text and at the end of the study. The conclusion about the sovereignty of the British Crown over the exclusive economic zone and the continental shelf of New Zealand, the proclamation of the New Zealand sovereign as the owner of the natural resources of the relevant waters, contrary to the norms of international maritime law, is important for ensuring peace and global security. The experience of municipal and parliamentary control, specialized environmental justice of New Zealand can be used by the Russian Federation.
Keywords:
New Zealand foreign investment, New Zealand local government, subsoil use management, permission for subsurface use, marine permit, international maritime law, new zealand continental shelf, natural resource law, ownership of mineral resources, ownership of land
Reference:
Manin I..
Legal regime of subsoil use in Indonesia
// NB: Administrative Law and Administration Practice.
2021. № 4.
P. 19-36.
DOI: 10.7256/2306-9945.2021.4.37296 URL: https://en.nbpublish.com/library_read_article.php?id=37296
Abstract:
The object of this research is the mining relations in the Sunda Islands of the Malay Archipelago. Analysis is conducted on the normative legal regulation of subsoil use in the Republic of Indonesia, the regime of which is uniform for subsoil zones located on island and offshore territories within Indonesian jurisdiction, but is differentiated depending on the type of mineral resources. The author meticulously examines the state mechanism of management of mining industry, placing emphasis on the role of the municipal authorities. The article examines the content of Indonesian mining and environmental laws that are the main subject of research, governmental acts, and doctrinal sources. The material contains the information on the licensing of subsoil use in Indonesia, including the recent changes therein requirements introduced in 2021. The relevance of this research lies in consideration of the existing legal problems pertaining to subsoil use in Indonesia, representations on the modern system and structure of state administration in this sphere, need of the Russian miners involved in construction of nickel clusters in the Republic of Indonesia, legal support of their business, need for the promotion of Russia’s interests in Southeast Asia. The scientific novelty consists in provision of the fundamentally new information on the subject matter, namely with regards to the licensing of subsoil use and foreign investment, as well as in formulation of conclusions, including on the basis of previously known data. The author indicates the possibility of using the Indonesian interpretation of the “residual principle” for the normative legal regulation of the Russian subsoil use.
Keywords:
Natural Resources Investments, Indonesian Mining Industry, Indonesian Subsoil Use Licensing, Natural Resources Field Property, Indonesian Natural Resources Law, Subsoil Using Management, Indonesia Subsoil Using, Natural Resources Management Structure, Foreign Investment, Indonesian Mining Relations
Reference:
Kudelkin N..
Legal protection of the Arctic environment related tourism activity
// NB: Administrative Law and Administration Practice.
2020. № 1.
P. 9-23.
DOI: 10.7256/2306-9945.2020.1.33261 URL: https://en.nbpublish.com/library_read_article.php?id=33261
Abstract:
The Arctic continues to attract more and more tourists. In some of the Arctic regions, tourism in general and cruise tourism in particular is becoming one of the fastest growing economic sectors. However, aside from the economic benefit, the Arctic tourism poses a certain threat to the sensitive environment of the Arctic, which currently experiences constantly increasing pressure from economic activity and climate change. Major negative consequences of tourism activity include the pollution of territories and water zones, worry of animals, direct destruction of flora and fauna, loss of the places of habitat due to infrastructure development, etc. The listed facts underline relevance of the selected topic of research, as well as the need for legal protection of the Arctic environment from negative effects caused by tourism. Analysis is conducted on the current situation in the area of Arctic tourism, as well as the questions of Russia’s Arctic policy pertaining to tourism activity. A brief overview is provided to the international legal regulation in this sphere. The author concludes on the insufficiency of legal regulation in the area of Arctic tourism, and gives recommendations on the improvement of Russian legislation. It is noted that tourism is one of the few types of activities in the Arctic that sparks interests of multiple countries, and in which the acceptance of universal standards seems possible.
Keywords:
protected natural territories, biodiversity, indigenous peoples, tourist activities, ecological tourism, Arctic tourism, Arctic zone, Arctic, environmental protection, cruise tourism
Reference:
Usov A.Y..
Problems of Suing for Compensation for the Environmental Damage by Prosecutor
// NB: Administrative Law and Administration Practice.
2019. № 4.
P. 17-21.
DOI: 10.7256/2306-9945.2019.4.29397 URL: https://en.nbpublish.com/library_read_article.php?id=29397
Abstract:
The article studies some problems emerging in the process of suing for compensation for the environmental damage by prosecutors. The author analyses the problems emerging in the process of suing and proceeding of the claims for compensation for the environmental damage in physical and monetary terms. The relevance of the study is due to the Ordinance by Plenum of the Supreme Court of the Russian Federation 30/11/2017 №49 that reveals a set of core issues related to the legislative execution of compensation for the environmental damage. The methodological framework of the study includes the dialectic, systemic methods, as well as the methods of analysis, synthesis, analogy, deduction, induction, observation, and others. The author has examined law enforcement practice and legal acts and proposed the solution to emerging issues. As a result of the study, the suggestions on improving the civil and fiscal legislation were stated. Furthermore, the author has elaborated recommendations for the improvement of the activity arrangement of prosecutors involved in judicial proceedings on the compensation for the environmental damage.
Keywords:
environmental offenses, the plaintiff, court, environmental damage, environmental activities, suing, prosecutor's office, prosecutor, interagency interaction, local governments
Reference:
Kuznetsova N.A..
Legal Regulation of Relations of Local Governments and Oil and Gas Companies in Environmental Management
// NB: Administrative Law and Administration Practice.
2013. № 1.
P. 129-145.
DOI: 10.7256/2306-9945.2013.1.507 URL: https://en.nbpublish.com/library_read_article.php?id=507
Abstract:
Article is devoted to the problems of legal regulation of environmental disaster of the oil production. Environmental authority of local governments. Search options optimal allocation of environmental credentials. Over the past three or four decades at all levels of oil production there is a dangerous tendency to use the most simple very cheap technology and equipment used for drilling, downhole oil production and repair of wells that are not designed for the transport of corrosive media. Virtually all of the territory already developed fields in Western Siberia are in ecological collapse. The main complexity of modern ecological situation lies in the fact that none of the oil companies, with sufficient human and economic potential, though not in a hurry to take on full responsibility for the environment even in their activities.In addition, the solution of environmental problems has become feasible, necessary to develop and immediate implementation of the new legislative initiatives. New, more objective environmental laws must be adopted as soon as possible, and they should reflect all aspects of the modern environmental situation.Harness all the legal mechanisms for the conservation, sustainable use of natural resources, and their reproduction, preservation of favorable environment for present and future generations.
Keywords:
disaster, environment-oriented, environmental, nature, protection, oil, resources, laws, local, situation