Semenova I.V. —
Nature elements as subjects of law: philosophical and legal foundations of a new paradigm
// Politics and Society. – 2026. – ¹ 1.
– P. 92 - 101.
DOI: 10.7256/2454-0684.2026.1.79021
URL: https://en.e-notabene.ru/psmag/article_79021.html
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Abstract: The article discusses the concept of nature objects as subjects of law as a manifestation of the shift in the legal paradigm in environmental regulation. The subject of the study is the legal status of natural objects in contemporary law. The author examines in detail such aspects of the topic as the transition from the traditional understanding of nature solely as an object of protection and use to its recognition as a subject of law. Special attention is paid to the philosophical and legal foundations of this paradigm shift. The author analyzes the limits of anthropocentric approaches in environmental and private law, as well as the possibilities of endowing nature with its own legal interests. The paper reveals the challenges of protecting nature in the context of an ecological crisis, when traditional mechanisms prove to be insufficiently effective. The author studies the impact of recognizing the legal subjectivity of nature on property institutions, contractual relationships, and liability for causing environmental harm. The methodological basis of this scientific work includes dialectical, formal-legal, comparative-legal methods, and legal modeling. The scientific novelty of the work lies in the systematic justification of the possibility of adapting the concept of nature's rights to the Russian legal order. The philosophical and legal foundation of the new paradigm is defined through the critique of anthropocentrism and engagement with theories of legal subjectivity. The author demonstrates that the lack of autonomous will of a natural object does not impede its legal subjectivity when an effective representation mechanism is in place. The conclusions of the article indicate the need for a phased introduction of the new model. In the first stage, it is proposed to recognize the status of a legal subject for certain unique ecosystems. In subsequent stages, the development of restorative liability and the expansion of the procedural legitimization of representatives of nature are suggested. The author emphasizes that this paradigm strengthens the protection of nature as an independent value, restructures the limits of freedom of contract and property, and enhances the restorative nature of legal liability.
Semenova I.V. —
Specific aspects of the legal regulation of liability for violations in the field of conservation of aquatic biological resources and their habitat
// Law and Politics. – 2025. – ¹ 9.
– P. 95 - 105.
DOI: 10.7256/2454-0706.2025.9.76059
URL: https://en.e-notabene.ru/lpmag/article_76059.html
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Abstract: The article discusses the specifics of the legal regulation of liability for offenses in the field of conservation of aquatic biological resources and their habitat. Since unregulated fishing and pollution of water bodies leads to the depletion of aquatic biological resources, the issue of ensuring their conservation, including through legal liability measures, is particularly relevant.
The author analyzes the basic rules of law, the violation of which entails liability in the field under consideration, special attention is paid to terminological inaccuracies and a comparison of legal norms having a similar objective side. The purpose of the work is to identify legal conflicts in this area, as well as to develop proposals for improving current legislation to help eliminate them. The methods of comparative legal and system analysis were used. The main conclusions of the study are the proposals formulated by the author to improve legislation, as well as the problems of legal regulation in this area that he discovered. In particular, the need to rename Article 8.48 of the Administrative Code of the Russian Federation was noted, since at the moment its name is formulated too broadly, which gives rise to terminological conflicts. In addition, the current legislation does not clearly distinguish between the offences provided for in Articles 8.33 and 8.38 of the Administrative Code of the Russian Federation. In accordance with the title of these articles, art. 8.33 of the Administrative Code of the Russian Federation prohibits violations in the field of habitat protection and migration routes, while Article 8.38 of the Administrative Code protects aquatic biological resources themselves from illegal acts, but at the same time both articles have a similar objective side for the law enforcement officer, which is also confirmed by law enforcement practice. In this regard, there is a need to consolidate at the legislative level the concepts of "protection of the habitat of the resources", "protection of the resources" and specify what the rules for the protection of these natural resources include, and what relates to the rules for the protection of their habitat, for violation of which the offender is responsible, respectively, under Articles 8.38 and 8.33 of the Administrative Code Russian Federation.
Semenova I.V. —
Conservation of aquatic biological resources: current issues
// NB: Administrative Law and Administration Practice. – 2025. – ¹ 2.
– P. 33 - 46.
DOI: 10.7256/2306-9945.2025.2.74925
URL: https://en.e-notabene.ru/al/article_74925.html
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Abstract: The subjects of the article are social relations that arise during activities aimed at conserving aquatic biological resources. The article discusses the problem of inconsistency of certain acts with modern realities in connection with climate changes on our planet. Special attention is given to conceptual issues. The author provides an overview of the main regulatory and legal framework in this area, as well as an analysis of specific acts for their compliance with fishing legislation and their practical application. It is noted that the conservation of aquatic biological resources represents a multidirectional activity that permeates the process of fishing, including measures aimed both at preventing the negative impact of overfishing or other anthropogenic activities and at eliminating adverse consequences. The author emphasizes the importance of bringing the terminology in the fishing sector and the conservation of aquatic biological resources to consistency. The article proposes amendments to eliminate terminological inaccuracies in the updated Resolution of the Government of the Russian Federation dated May 22, 2025, No. 704 "On the features of the protection, capture (extraction) of endemic species of aquatic animals and the collection of endemic species of aquatic plants in Lake Baikal." The proposed amendments aim to improve the regulatory framework in the field of conservation of aquatic biological resources and ensure the protection of a larger number of valuable hydrobionts.
Semenova I.V. —
Responsibility for offenses related to illegal extraction of aquatic biological resources: problems of terminology
// Administrative and municipal law. – 2025. – ¹ 2.
– P. 1 - 10.
DOI: 10.7256/2454-0595.2025.2.73718
URL: https://en.e-notabene.ru/ammag/article_73718.html
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Abstract: Violations of rules and requirements in the process of extracting the aquatic resources create a risk of destruction of certain types of biological resources, and affect the economic stability of the state. The author discusses the problem of terminological inconsistency of legal norms that establish liability for offenses related to the illegal extraction of aquatic biological resources. Special attention is paid to issues of a conceptual nature in this area, in particular, the use of various terms in legal acts regulating the extraction of aquatic biological resources. The article discusses the legal norms that establish responsibility for the commission of offenses against aquatic biological resources. Special attention is paid to the specifics of the use of terminology in the appointment of administrative and criminal liability for illegal extraction of aquatic biological resources. It is noted that at the moment, the legal norms providing for responsibility for the illegal extraction of aquatic biological resources require changes to them. These changes, in particular, relate to clarifying the wording set out in existing regulatory legal acts, as well as verifying their compliance with the norms governing fishing and the conservation of aquatic biological resources. The author draws attention to the importance of bringing the terminology used to uniformity and fixing at the legislative level the list of mammals (among which the category "marine mammals" stands out) that belong to aquatic biological resources. It is assumed that these measures will affect the elimination of legal conflicts, as well as make legal norms more understandable for both subjects of their application and citizens.
Semenova I.V. —
Legal support for the sustainable development of indigenous minorities of the North, Siberia and the Far East: results and prospects
// Legal Studies. – 2025. – ¹ 1.
– P. 14 - 28.
DOI: 10.25136/2409-7136.2025.1.72744
URL: https://en.e-notabene.ru/lr/article_72744.html
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Abstract: The article examines the features of the legal regulation of the sustainable development of the indigenous peoples of the North, Siberia and the Far East. Special attention is paid to the Concept of Sustainable development of the indigenous peoples of the North, Siberia and the Far East in the context of updating this document in the near future. The Russian Federation is a multinational state, for which taking into account the traditions, culture and historically established way of life of each people living on its territory is one of the main directions of state policy. The indigenous peoples of the North are a social group that requires additional state support, not only because of their small number, but also because of the difficult climatic conditions of the places where these peoples live. The article considers the configuration of legal regulation in the field of sustainable development of indigenous peoples both in historical retrospect and at the present stage. Special attention is also paid to promising areas of development of state regulation, as well as measures of state support in this area. It is noted that at present the legal regulation of the sustainable development of the indigenous peoples of the North, Siberia and the Far East is at the stage of significant changes. The paper identifies the main differences between the current Concept and the Draft of the future one, concerning the fundamental aspects of policy. In particular, the principle of recognizing the right of the peoples of the North to priority access to fishing grounds and hunting grounds, to biological resources in places of their traditional residence and traditional economic activity, as well as modernization, updating of technical equipment, etc. At the same time, the author draws attention to the need to comply with environmental requirements and respect for nature in the process of implementing new tasks.
Semenova I.V. —
Modern problems of legal regulation of the use and protection of aquatic biological resources
// NB: Administrative Law and Administration Practice. – 2024. – ¹ 3.
– P. 16 - 29.
DOI: 10.7256/2306-9945.2024.3.71754
URL: https://en.e-notabene.ru/al/article_71754.html
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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.
Semenova I.V. —
Aquaculture in the structure of the agro-industrial complex of the Russian Federation: the current state of legal regulation
// Agriculture. – 2024. – ¹ 2.
– P. 14 - 24.
DOI: 10.7256/2453-8809.2024.2.72551
URL: https://en.e-notabene.ru/sh/article_72551.html
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Abstract: The author describe the features of the legal regulation of aquaculture (fish farming). For the Russian Federation, fish farming is mainly at the stage of formation. The author analyzes the basic concepts used in the field under consideration and draws a parallel with similar terms used in the field of fishing. The author considers the configuration of the current legal regulation of aquaculture, as well as the prospects for its development. Special attention is paid to modern legislative gaps and topical issues that need to be addressed by the legislator, and the main directions for improving legislation in this area are outlined. In addition, the main environmental risks of aquaculture in case of non-compliance with legal requirements are identified. The methodological basis of the work is: general scientific dialectical, as well as private scientific methods of cognition - formal legal and comparative legal methods. It is noted that currently aquaculture in the Russian Federation is at the stage of evaluating and comprehending previously adopted legislative acts and measures of state support. The author formulated the main issues in the field of legal regulation of aquaculture, which require special attention for the development of this area of the fisheries complex. So, in particular, they include certain aspects of regulating the turnover of fish farms, measures taken to provide Russian fisheries with high-quality feed and planting material, the need to take new measures in the field of agricultural insurance for aquaculture, and others. The paper identifies the main problems hindering the stable and effective development of domestic aquaculture, as well as provides proposals and innovative technologies that contribute to their resolution.