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Law and Politics
Reference:
Ditsevich Y.B., Yurkovskii A.V.
On the Issue of the Peculiarities of the Formation and Modernization of the State Environmental Policy of the Russian Federation and the People's Republic of China
// Law and Politics.
2022. № 10.
P. 23-37.
DOI: 10.7256/2454-0706.2022.10.38821 EDN: FUPGCK URL: https://en.nbpublish.com/library_read_article.php?id=38821
On the Issue of the Peculiarities of the Formation and Modernization of the State Environmental Policy of the Russian Federation and the People's Republic of China
Ditsevich Yaroslava Borisovna
PhD in Law
Leading Researcher of the Department of Theory and History of State and Law, Irkutsk Law Insitute (branch) of the University of Prosecutor's Office of the Russian Federation
664035, Russia, Irkutsk region, Irkutsk, Shevtsova str., 1
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yaroslavadi@mail.ru
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Other publications by this author
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Yurkovskii Aleksei Vladimirovich
PhD in Law
Associate Professor, Head of the Department of State and Legal Disciplines of the Irkutsk Law Institute (branch) University of the Prosecutor's Office of the Russian Federation
664035, Russia, Irkutsk region, Irkutsk, Shevtsova str., 1
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AVYurkovsky@mail.ru
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Other publications by this author
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DOI: 10.7256/2454-0706.2022.10.38821
EDN: FUPGCK
Received:
22-09-2022
Published:
15-10-2022
Abstract:
This article discusses aspects of solving environmental protection problems and outlines issues characterizing the interaction between the Russian Federation and the People's Republic of China. An assessment is given on the adoption of legislation for both states and joint coordinated measures aimed at reducing and eliminating negative trends associated with environmental degradation in Russia and China. The features of the Russian Federation and the People's Republic of China's influence on state environmental policies on environmental issues are described. The analysis of the state of legality in enforcing environmental legislation and the effectiveness of legal means used in implementing prosecutorial supervision in this area is carried out. Empirical, statistical, and scientific information is provided on how the prosecutor's offices of the Russian Federation and the People's Republic of China participate in the formation of methods and tools of national environmental policies that are of a state nature and carry out their activities mainly in legal forms using complex mechanisms of legal regulation. The proposed article compares the concepts of sustainable development in force in Russia and the People's Republic of China based on generally recognized environmental standards by the international community, which have been ratified in the legislation of the countries under consideration, and analyzes the problems and areas of improvement of Russian and Chinese environmental legislation.
Keywords:
Russian Federation, People's Republic of China, prosecutor's supervision, prosecutorial response measures, cooperation, exchange of experience, environmental legislation, activities of environmental authorities, environmental policy, environment
References
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3. Transforming our world: the 2030 Agenda for Sustainable Development. https://www.un.org/sustainabledevelopment/ru/about/development-agenda / (accessed: 05/21/2022)
4. Environmental protection in China (White Paper). https://www.fmprc.gov.cn/rus/ziliao/zt/zfbps/t25319.shtml (accessed: 05/21/2022).
5. The Constitution of the People’s Republic of China (as amended in 2018). https://chmalawxenter/constitutional_law/chma_constitution (accessed: 05/21/2022).
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7. Troshchinsky, P. V. (2015). The legal system of the People's Republic of China: formation, development and characteristic features. Bulletin of the O. E. Kutafin University (MGUA), 5, p. 112.
8. The State Council of the People's Republic of China has published an Action Plan to combat water pollution. (2015). Renming ribao. http://russian.people.com.cn/n/2015/0417/c31521-8879596.html
9. Deterioration of vegetation in the area of Sanxia and Poyanghu, Dongtinghu lakes. (1998). Renming ribao.
10. Beijing has set tasks to improve air quality. Renming ribao. http://russian.people.com.cn/n3/2020/1112/c31516-9779303.html (date of application: 05/25/2022).
11. The program for combating acid precipitation in China. (1999). Zhongguo huanjing bao.
12. China will pay serious attention to the action plan to achieve a peak in carbon dioxide emissions by 2030. http://russian.people.com.cn/n3/2020/1219/c31521-9800774.html (accessed: 12.05.2022).
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First Peer Review
Peer reviewers' evaluations remain confidential and are not disclosed to the public. Only external reviews, authorized for publication by the article's author(s), are made public. Typically, these final reviews are conducted after the manuscript's revision. Adhering to our double-blind review policy, the reviewer's identity is kept confidential.
The list of publisher reviewers can be found here.
A REVIEW of an article on the topic "On the issue of the Prosecutor's Office's participation in the environmental activities of public authorities of the Russian Federation and the People's Republic of China". The subject of the study. The article proposed for review is devoted to the participation of "... the prosecutor's office in the environmental activities of public authorities ..." of the Russian Federation and the People's Republic of China. The author has chosen a special subject of research: the proposed issues are investigated from the point of view of administrative, environmental, constitutional law, management, politics and economics, while the author notes that "Global changes in the economic and political situation in the modern world dictate the growing interest of state and public institutions in solving environmental protection problems, and this trend is clearly visible both in the Russian Federation and in the People's Republic of China." The legislation of Russia and China relevant to the purpose of the study is being studied. A certain amount of scientific literature (but not modern and mostly not legal) on the stated issues is also studied and summarized, analysis and discussion with the opposing authors are noted. At the same time, the author notes that "Despite the presence of certain successes in the field of nature protection, there are currently a number of factors that reduce the effectiveness of environmental protection activities of authorities and the public both in Russia and in the PRC." Research methodology. The purpose of the study is determined by the title and content of the work: "... in identifying the main patterns of evolution of the mechanisms of legal regulation and state power of Russia and the People's Republic of China, for subsequent operation with the latest legal domestic and foreign materials", "... the main function of the Prosecutor's Office of the People's Republic of China in the framework of environmental policy is the supervision of compliance with laws (prosecutorial supervision of execution environmental legislation)". It can be designated as the consideration and resolution of certain problematic aspects related to the above-mentioned issues and the use of certain experience. Based on the set goals and objectives, the author has chosen a certain methodological basis for the study. In particular, the author uses a set of general scientific, special legal methods of cognition. In particular, the methods of analysis and synthesis made it possible to generalize some approaches to the proposed topic (mainly in terms of environmental protection and policy, but not the participation of the prosecutor's office in it) and partly influenced the author's conclusions. The most important role was played by special legal methods. In particular, the author used a formal legal method, which allowed for the analysis and interpretation of the norms of the current Russian and Chinese (mainly) legislation and international agreements. In particular, the following conclusions are drawn: "... the basis for the formation of environmental legislation in Russia and China should be an integrated approach providing for the regulation of both relations directly related to environmental protection and relations developing in the field of rational use of natural resources, as well as an analysis of problematic issues of environmental law-making activities of the state and the improvement of law enforcement practice in the area under consideration regions" and others. Thus, the methodology chosen by the author is not fully adequate to the purpose of the article, it allows us to study certain aspects of the topic (general issues of environmental legislation). The relevance of the stated issues is beyond doubt. This topic is one of the most important in Russia and China, from a legal point of view, the work proposed by the author can be considered relevant, namely, he notes that "In Russia and China, unique, independent and original, on the one hand, and on the other ? universal from the point of view of global globalization and internationalization, scientifically based approaches to legal regulation and public administration in the field of ecology and nature management". And in fact, an analysis of the work of opponents and the NPA should follow here, and it follows mainly in relation to the NPA of the People's Republic of China and the author shows the ability to master the relevant material. Thus, scientific research in the proposed field is only to be welcomed. Scientific novelty. The scientific novelty of the proposed article is questionable. It is not expressed in the specific scientific conclusions of the author. Among them, for example, is this: "The People's Republic of China is characterized by one controversial source of law from the point of view of scientific recognition, "unconventional" for many other legal systems – norms-programs and norms-rules of the ruling Communist Party of China (which has a special constitutional and legal status) ...". As can be seen, these and other "theoretical" conclusions cannot be used in further scientific research. Thus, the materials of the article as presented cannot be of interest to the scientific community. Style, structure, content. The subject of the article does not correspond to the specialization of the journal "Police and Investigative activities", rather it corresponds to the specialization of the journal "Law and Politics", as it is devoted to the participation of "... the prosecutor's office in the environmental activities of public authorities ..." of the Russian Federation and the People's Republic of China. The article contains an analysis of the opponents' scientific works (although very limited), so the author notes that a question has already been raised that is relatively close to this topic and the author uses their materials, discusses with opponents. The content of the article practically does not correspond to the title, since the author considered the stated problems, but did not achieve the purpose of his research. The quality of the presentation of the study and its results should be recognized as incomplete. The subject, tasks, methodology follow directly from the text of the article, but there are no results of legal research, scientific novelty. The design of the work meets some formal requirements for this kind of work. Significant violations of these requirements are numerous. The words "... the activities of the prosecutor's office in the system of tools and methods for implementing the legal environmental policy of the Russian Federation and the People's Republic of China can be described as a system of legal, organizational, preventive and other measures for the implementation by the prosecutor's office of the current environmental legislation of Russia and China aimed at ensuring legality in key areas of public relations regulated by constitutional provisions in the environmental sphere, other normative legal acts on environmental protection, international and national environmental standards" does not bring anything new to the theory and practice of this issue, which is included in the title of the article. The same applies to other parts of the work. The subject of the article has not been disclosed. Bibliography. The quality of the literature presented and used should not be appreciated very highly. The absence of modern scientific literature, the presence of literature by authors who are not related to the essence of the work, only increases the volume, but does not disclose the content of the claimed research. The works of these authors almost all do not correspond to the research topic, do not have a sign of sufficiency, and do not contribute to the disclosure of almost all aspects of the topic. Appeal to opponents. The author has not conducted a serious analysis of the current state of the problem under study. The author does not describe the opponents' different points of view on the problem, argues for a more correct position in his opinion, without relying on the work of opponents, offers solutions to individual problems, most of them unrelated to this work. Conclusions, the interest of the readership. The conclusions are not logical, they are general. The article in this form cannot be of interest to the readership in terms of the presence in it of the author's systematic positions in relation to the issues stated in the article, which should be typical for legal research. Based on the above, summing up all the positive and negative sides of the article, I recommend "reject".
Second Peer Review
Peer reviewers' evaluations remain confidential and are not disclosed to the public. Only external reviews, authorized for publication by the article's author(s), are made public. Typically, these final reviews are conducted after the manuscript's revision. Adhering to our double-blind review policy, the reviewer's identity is kept confidential.
The list of publisher reviewers can be found here.
A REVIEW of an article on the topic "On the issue of the specifics of the formation and modernization of the state environmental policy of the Russian Federation and the People's Republic of China". The subject of the study. The article proposed for review is devoted to topical issues of the state environmental policy of the Russian Federation and the People's Republic of China. The author examines the problems of implementing this policy, the goals and essence of the policy, and draws relevant conclusions for specialists from the two countries. The subject of the study was the norms of the legislation of the Russian Federation and the People's Republic of China, the opinions of scientists, and empirical data. Research methodology. The purpose of the research is stated directly in the article. As the author points out, "The purpose of the proposed publication is to identify the main patterns of evolution of the mechanisms of legal regulation and state power of Russia and the People's Republic of China, for subsequent operation with the latest legal domestic and foreign materials." Based on the set goals and objectives, the author has chosen the methodological basis of the study. In particular, the author uses a set of general scientific methods of cognition: analysis, synthesis, analogy, deduction, induction, and others. In particular, the methods of analysis and synthesis made it possible to summarize and share the conclusions of various scientific approaches to the proposed topic, as well as draw specific conclusions from practical materials and empirical data. The most important role was played by special legal methods. In particular, the author actively applied the formal legal method, which made it possible to analyze and interpret the norms of the current legislation of the Russian Federation and the People's Republic of China. For example, the following conclusion of the author: "In the Russian Federation, the basis of environmental legislation is the Federal Law "On Environmental Protection" dated January 10, 2002 No. 7-FZ, Federal Law No. 33-FZ dated March 14, 1995 "On Specially Protected Natural Territories"; Water, Forest, Land Codes of the Russian Federation; Federal Law of May 4, 1999 No. 96-FZ "On the Protection of Atmospheric Air"; Federal Law No. 174-FZ dated November 23, 1995 "On Environmental Expertise" and many other regulatory legal acts of an environmental orientation." The possibilities of an empirical research method related to the study of practice materials should be positively assessed. The author has studied various statistical data, examples of the legislation of the studied countries. In this regard, important conclusions are drawn in the context of the purpose of the study. Thus, it is noted that "Today, according to the information contained in official sources, more than ten large-scale environmental protection projects are being implemented under the auspices of the State Council of the People's Republic of China, the State Administration for Environmental Protection, most of which started in 1995-1998. These include: monitoring the environmental situation in the basin of seven major Chinese rivers (Liaohe, Yellow River, Huaihe, Haihe, Yangtze, Zhujiang and Sungari) [8], development and implementation of measures to clean highly polluted water bodies (Lakes Taihu, Chaohu, Dianchi) [9], control of urban air pollution [10], monitoring and prevention of the spread of acid precipitation [11], reduction of industrial and solid household waste [12], erosion control and some others [13]". Thus, the methodology chosen by the author is fully adequate to the purpose of the study, allows you to study all aspects of the topic in its entirety. Relevance. The relevance of the stated issues is beyond doubt. There are both theoretical and practical aspects of the significance of the proposed topic. From the point of view of theory, the topic of environmental safety and environmental policy issues are complex and ambiguous in different countries. The study of the current Russian legislation and the proposal of promising directions for its improvement are impossible without recourse to foreign experience, which is done in the reviewed work. The author is right to highlight this aspect of relevance. On the practical side, it should be recognized that problems often arise in the implementation of environmental legislation. Suggestions for improving the practice could be relevant. The practical examples given by the author in the article clearly demonstrate this issue. Thus, scientific research in the proposed field should only be welcomed. Scientific novelty. The scientific novelty of the proposed article should be specified. First, it can be expressed in the author's specific conclusions. Among them, for example, is the following conclusion: "The basis for the formation of environmental legislation and law enforcement practice in Russia and China in the modern period should be an integrated approach providing for the regulation of both relations directly related to environmental protection and relations developing regarding the rational use of natural resources, as well as including an analysis of problematic issues of international cooperation, control and supervisory activities of the authorities in this area in order to increase the effectiveness of Russian and Chinese environmental policy." However, this conclusion is a set of general non-specific phrases. I would like to see the specifics and originality in the author's conclusions. Secondly, according to the text of the work, the author provides a number of original and promising practical examples for further study. However, specific author's conclusions are not always drawn from them. Thus, in some places the work is descriptive in nature. It is necessary to clarify the author's position in some points. Thus, the materials of the article may be of particular interest to the scientific community in terms of contributing to the development of science, but the originality and novelty of the author requires clarification. Style, structure, content. The subject of the article corresponds to the specialization of the journal "Law and Politics", as it is devoted to legal problems related to state environmental policy in Russia and China. The content of the article fully corresponds to the title, since the author considered the stated problems and achieved the research goal. The quality of the presentation of the study and its results should be recognized as fully positive. The subject, objectives, methodology and main results of the study follow directly from the text of the article. The design of the work generally meets the requirements for this kind of work. No significant violations of these requirements were found. Bibliography. The quality of the literature used should be assessed in an average way. The author actively uses the literature presented by authors from Russia (Bogolyubov S.A., Troshchinsky P. V.). At the same time, there are few scientific works themselves presented in the article (although many scientists have written on environmental issues in Russia). It should also be noted that the cited works are not new. Thus, the works of the above authors correspond to the research topic, but do not have a sign of sufficiency, do not contribute to the disclosure of various aspects of the topic. The author needs to expand the theoretical base of the study by adding to it the works of Russian and foreign authors published in the last few years. Appeal to opponents. It is difficult to assess how much the author has conducted a serious analysis of the current state of the problem under study. The solution of this issue is possible after a significant expansion of the theoretical base of the study. Conclusions, the interest of the readership. The conclusions are fully logical, as they are obtained using a generally accepted methodology. The article may be of interest to the readership in terms of the systematic positions of the author in relation to the issues under consideration after clarifying the scientific novelty of the article. Thus, the article can be recommended for publication despite several comments. Based on the above, summing up all the positive and negative sides of the article, "I recommend publishing"
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