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. – ¹ 4.
– P. 1 - 13.
DOI: 10.7256/2306-9945.2024.4.71795
URL: https://en.e-notabene.ru/al/article_71795.html
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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.
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.