Kudelkin N. —
Environmental conflicts in the Arctic zone of the Russian Federation in the field of energy, economic and environmental security
// Law and Politics. – 2023. – ¹ 9.
– P. 1 - 15.
DOI: 10.7256/2454-0706.2023.9.44121
URL: https://en.e-notabene.ru/lpmag/article_44121.html
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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.
Kudelkin N. —
A Conceptual Approach to Improving the Legal Regulation of Environmental Protection and Nature Management in the Arctic
// Legal Studies. – 2022. – ¹ 12.
– P. 53 - 66.
DOI: 10.25136/2409-7136.2022.12.39554
URL: https://en.e-notabene.ru/lr/article_39554.html
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Abstract: The subject of the work is the legal norms regulating social relations that arise in the process of environmental protection and the implementation of various activities in the Arctic, as well as data on the features and state of nature of the Arctic region. The aim of the work is to formulate a special concept aimed at protecting the environment and ensuring rational use of natural resources, which can be used to improve legal regulation in these areas. The methodological basis of the study was a system of various methods, logical techniques and means of cognition; general scientific, private and special methods were used in the process of work. Such as analysis, synthesis, analogy, deduction, induction, formal legal and others. The relevance of the research topic is indicated by the fact that the Arctic is a unique region of great importance both for the environment of the planet and for various aspects of human life. At the same time, the Arctic nature is characterized by increased sensitivity to various impacts, such as economic activity and climate change. Accordingly, the Arctic region needs special legal regulation of environmental protection and nature management. The paper gives a general description of the Arctic region. The main threats to the Arctic environment are considered on the example of the Arctic zone of the Russian Federation. The main result of the work is the special concept proposed in it, aimed at protecting the environment and ensuring rational use of natural resources in the Arctic. At the same time, the main idea of the concept is to create a single natural and ecological framework of the Arctic. The paper emphasizes that the application of this concept for the improvement and development of domestic legislation should not only increase the level of nature protection in the Arctic, but also contribute to ensuring the interests of the country for the sustainable development of the region.
Kudelkin N. —
Legal Protection of the Marine Environment from Plastic Pollution in the Russian Federation
// Legal Studies. – 2022. – ¹ 10.
– P. 1 - 12.
DOI: 10.25136/2409-7136.2022.10.38946
URL: https://en.e-notabene.ru/lr/article_38946.html
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Abstract: The subject of the work is the legal norms regulating relations arising in the process of protecting the marine environment from plastic pollution, as well as the provisions of strategic planning documents related to this issue. The main purpose of the work is to develop, based on the analysis of the current legal regulation and data on the state of marine pollution by plastic, recommendations of a theoretical and practical nature aimed at improving domestic environmental legislation.
The methodological basis of the research is a system of various methods, logical techniques and means of cognition. In particular, such methods as analysis, synthesis, deduction, induction, formal legal, etc. were used. The relevance of the chosen research topic is indicated by the fact that plastic is one of the most common pollutants and makes up the majority of marine debris. At the same time, studies have confirmed the presence of such pollution in 10 of the 12 seas of the Russian Federation. The study made it possible to formulate a number of conclusions with relevance and scientific novelty, including the expediency of tightening administrative responsibility in this area, the need to establish a number of restrictions on the use of disposable plastic products, the development of requirements for antifouling coatings on ships following the Northern Sea Route in order to protect the Arctic marine environment from microplastic pollution. Among other things, it was concluded that one of the main roles in protecting the marine environment from plastic pollution should be performed by environmental education and enlightenment, which should contribute to the formation of a proper ecological culture of citizens, including in the field of handling products (products) consisting of plastic or containing it in its composition. The results of the study can be used to improve legal regulation in the field of protection of the marine environment from plastic pollution, as well as in teaching.
Kudelkin N. —
The Arctic and global warming: adaptation to climate change and environmental protection
// Legal Studies. – 2022. – ¹ 1.
– P. 1 - 16.
DOI: 10.25136/2409-7136.2022.1.37049
URL: https://en.e-notabene.ru/lr/article_37049.html
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Abstract: The subject of this research is the legal norms that regulate social relations arising in the context of implementation of measures aimed at global warming prevention and adaption to climate change. The goal of this work lies in formulization of theoretical and practical conclusions and recommendations for the improvement of legal regulation in this sphere based on the analysis of legislation, policy documents of different countries, as well as information and data pertinent to climate change. Methodological framework is comprised of the logical techniques, means of cognition, general scientific and special methods, such as analysis, synthesis, analogy, deduction, induction, comparative-legal, formal-legal, etc. The relevance of this topic is substantiated by the continuous global warming worldwide, particularly the temperatures in the northern polar region. At the same time, the experts note that the efforts made by the international community to reduce greenhouse gas emissions neither decelerate the global warming, nor reduce the concentration of such gases. This means that that the efforts should be aimed at adaptation to the new climatic realities. The article examines the questions related to climate protection, as well as adaptation to climate change applicable to the Arctic. A number of theoretical and practical conclusions and recommendations are made. For protection of the Arctic environment in the conditions of changing climate, it is necessary to stipulate in the Russian legislation such legal instrument as the strategic environmental assessment, at least for projects implemented in the Arctic Zone of the Russian Federation.
Kudelkin N. —
Legal regulation of reindeer husbandry
// Agriculture. – 2022. – ¹ 1.
– P. 27 - 36.
DOI: 10.7256/2453-8809.2022.1.38547
URL: https://en.e-notabene.ru/sh/article_38547.html
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Abstract: The subject of the work is the legal norms regulating social relations arising in the process of reindeer husbandry. The purpose of the work is to formulate conclusions and proposals for improving legal regulation in this area based on the analysis of federal and regional legislation, strategic planning documents, as well as information and data related to reindeer husbandry carried out in Russia. In the process of work, general scientific, private and special methods were used. Including: analysis, synthesis, analogy, deduction, induction, formal legal and other methods. The relevance of the research topic is indicated by the fact that in Russia reindeer husbandry belongs to one of the most common types of traditional economic activity. Its importance is high not only for the northern regions, but also for the whole of Russia, reindeer husbandry is rightfully attributed to one of the reserves for strengthening the country's food security. In addition, the support of traditional economic activities, which includes reindeer husbandry, contributes to the preservation of the material and spiritual culture of indigenous peoples. These facts indicate the relevance of issues related to the legal regulation of reindeer husbandry. The paper draws a number of conclusions concerning the development of legislation in this area, so, as one of the measures aimed at supporting reindeer husbandry, it is proposed at the legislative level to prioritize the implementation of traditional nature management over other types of economic activity.
Kudelkin N. —
Legal issues of compensation for damage caused to the environment as a result of oil spills
// Legal Studies. – 2021. – ¹ 9.
– P. 1 - 12.
DOI: 10.25136/2409-7136.2021.9.36218
URL: https://en.e-notabene.ru/lr/article_36218.html
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Abstract: The subject of this research is the set legal norms that regulate public relations arising in the process of compensation for damage inflicted to the environment as a result of oil spills. The goal of this work consists in formulating the theoretical and practical conclusions and proposals on the improvement of the institution of compensation for environmental damage as a whole, and the legal aspects of compensation for damage inflicted to the environment due to oil spills in particular. The relevance of this topic is substantiated by the statistical data; for example, in the Arctic Zone of the Russian Federation, the total area of disturbed land as of 2019 was 218,641 hectares, and most of them (according to the data for the entire observation period) were formed due to the extraction of mineral resources, as well as a result of oil and spills during their transportation. In 2019, 17, 000 accidents related to oil spills took place in the Russian Federation, among which 10, 500 were the accidents on oil pipelines. The article explores the questions associated with compensation for environmental damage. The analysis of the effective legislation in this sphere and its practical implementation allowed making a range of conclusions It is noted that the mechanism of compensation for environmental damage in the Russian Federation has significant flaws, namely with regards to compensation for damage in kind, offsetting the costs incurred by the infliction of environmental damage to repair such damage. The issues related to the procedure of disbursement of compensation for environmental damage to restore the state of the environment remain open and virtually unresolved. Recommendations are made on solution of the indicated problems.
Kudelkin N. —
Legal issues of prevention and response to accidental spills of petroleum products
// Legal Studies. – 2021. – ¹ 7.
– P. 74 - 84.
DOI: 10.25136/2409-7136.2021.7.35966
URL: https://en.e-notabene.ru/lr/article_35966.html
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Abstract: The subject of this research is a set of legal norms that regulate social relations in the area of prevention and response to accidental spills of petroleum products. The goal of this work consists in formulation of theoretical and practical conclusions and recommendations aimed at the improvement of legal regulation in this sphere. The relevance of the selected topic is defined by the fact that accidental spills of hydrocarbons is an urgent concern for the Russian Federation. The official data indicates over 17,000 accidents occurred at enterprises of the fuel and energy complex in 2019. The due regulation of prevention and response to spills of petroleum products is definitely one crucial elements in ensuring environmental security of the Russian Federation. The article examines the legal support issues with regards to prevention and response to accidental spills of petroleum products. Based on the analysis of the effective legislation, the author makes a number of conclusions and recommendation. It is noted that the norms regulating the relations in this sphere are for the most part dedicated to the issues of localization and elimination of the spills of petroleum products, i.e. measures taken after the spill. Such crucial problem as the prevention of spills of petroleum products and environmental damage is not given due attention in the legislation. The author also formulates the principle of advanced development of environmental legislation, according to which the legislative and technical regulation of the activity posing heightened risk to the environment and (or) associated with the use of natural resources should be proactive.
Kudelkin N. —
Legal protection of the Arctic environment related tourism activity
// NB: Administrative Law and Administration Practice. – 2020. – ¹ 1.
– P. 9 - 23.
DOI: 10.7256/2306-9945.2020.1.33261
URL: https://en.e-notabene.ru/al/article_33261.html
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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.
Kudelkin N. —
// International Law and International Organizations. – 2013. – ¹ 4.
– P. 578 - 582.
DOI: 10.7256/2454-0633.2013.4.10566
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