Legal Provision of Food Security: New Answers to Modern Challenges

Voronina Natal'ya Pavlovna Doctor of Law Associate Professor at the Department of Environmental and Natural Resources Law of Moscow State University of Law 125993, Russia, Moscow, Sadovaya-Kudrinskaya str., 9 nvoroninamgua@yandex.ru Other publications by this author

Food security "is the basis of national security and an important direction for the development of the agricultural sector of the economy" ^{[4, p. 8]}. Decree of the President of the Russian Federation dated May 7, 2018 No. 204 "On National goals and strategic objectives of the Russian Federation for the period up to the development of 2024" and Decree of the President of the Russian Federation dated July 21, 2020 No. 474 "On National development Goals of the Russian Federation for the period up to 2030" provide for a number of national goals, which are expected to be implemented in the sphere of agriculture. Their achievement in the field of agriculture requires strategic planning carried out on a sustainable, integrated and systematic basis.

In paragraph 2 of the Food Security Doctrine of the Russian Federation (hereinafter referred to as the 2020 Doctrine), "food security of the Russian Federation is the state of socio–economic development of the country, in which food independence is ensured, physical and economic accessibility for each citizen of the country of food products that meet mandatory requirements is guaranteed, in volumes not less than rational norms of food consumption, necessary for an active and healthy lifestyle" ^{[2, p.197]}. Import substitution is a process in the economy during which a country manufactures products through producers belonging to its state from its own raw materials ^{[7, p.258]}. As a rule, import substitution develops in response to sanctions.

In 2014, the reunification of Crimea with Russia took place, which led to the imposition of economic sanctions on the Russian Federation by a number of foreign countries. According to a number of researchers, this was the impetus for the implementation of an import substitution policy aimed at prohibiting the transportation of certain imported goods and products to the Russian state, including in agriculture and the food industry ^{[7, p.259]}. In our opinion, the policy of import substitution in agriculture was initiated earlier and in connection with Russia's accession to the WTO. In particular, the State Program for the Development of Agriculture and regulation of Agricultural Products, raw Materials and Food markets for 2013-2020, approved by the Decree of the Government of the Russian Federation dated 14.07.2012 No. 717, already provided for import substitution of cattle meat, dairy products, vegetable and fruit growing as the second level of priorities of state policy. But the anti-Russian sanctions, of course, accelerated the process of import substitution, since "the most acute food problem manifested itself when Russia introduced certain special economic measures to ensure the security of the country, when about one fifth of the total volume of Russian imports of food products and agricultural raw materials fell under foreign sanctions, which corresponds to almost 15% of their domestic consumption" ^{[1, p.215]}.

Today, the Russian agro-industrial complex faces both old and new threats, and the risks are divided into three groups: 1) sanctions and trade, 2) food, 3) climate and weather ^{[6, p.4]}. It is to overcome them that the state agrarian policy and strategic planning documents should be directed.

The Decree of the Government of the Russian Federation No. 993-r dated April 12, 2020, which approved the Strategy for the Development of agro–industrial and fisheries complexes of the Russian Federation for the period up to 2030 (hereinafter referred to as the Strategy of the Agro-industrial Complex 2020), provided that the state policy in the field of agro-industrial and fisheries complexes was determined taking into account import substitution processes. It indicated that it is necessary to involve agricultural land in the turnover, the development of a reclamation complex, and the formation of a unified digital database.  

At the same time, the current geopolitical situation causes a number of issues that need to be addressed, including the transformation of strategic planning and legal regulation of the development of the agro-industrial complex.

On September 8, 2022, by Order of the Government of the Russian Federation No. 2567-r, a new Strategy for the development of the agro-industrial and fisheries complexes of the Russian Federation for the period up to 2030 was approved. It notes, firstly, the need for long-term and long-term development of the agro-industrial and fisheries complexes of our country, secondly, import substitution of critical agricultural products, thirdly, strengthening food security, fourthly, the development of new export directions, fifthly, effective management of agricultural land, thirdlySixth, the digital transformation of agriculture.

The new Strategy is aimed at solving a number of both old and new problems of the agro-industrial complex.

1. Search for new directions of export of agricultural products. Overcoming the negative consequences of anti-Russian sanctions, according to some experts, is possible by concluding new international agreements with friendly and neutral foreign states (access mode: https://pravo.ru/story/239997 /(accessed 03.06.2022). Russia should not refuse to export its agricultural products, but it should be organized in friendly and neutral countries. The countries of Africa, Southeast Asia, the Middle East, China, and India were named as priority areas for the development of exports of Russian agricultural products.

2. Development and strengthening of logical systems in the EAEU (hereinafter referred to as the Union).  It is necessary to intensify the cooperation of the EAEU members to ensure food security, the general principles and approaches to ensuring food security of which are determined by the Decision of the Eurasian Economic Commission No. 89 of September 14, 2021. This document is aimed at ensuring the food security of the members of the Union through the production of their own agricultural products, mutual trade, reducing dependence on imports of material and technical resources. The principles of ensuring food security of the EAEU are: prohibition of discrimination in the common agricultural market of the EAEU, combination of national interests and the common agricultural market of the EAEU, consideration of international experience. Currently, there is a question of forming a common exchange market for EAEU goods. The list of goods offered for trading on the general exchange market of the Union is proposed: mineral fertilizers, vegetable oil, sugar, meal, cake, timber, then grain ^{[3, pp.6-8]}. According to forecasts, the development of a common exchange market will help overcome the dependence in pricing for agricultural products and food from foreign countries.

3. Reducing dependence on imported seeds. For example, sugar beet seeds are almost 100 percent imported (access mode: https://rg.ru/2022/02/21/chto-grozit-prodovolstvennoj-bezopasnosti-rossii.html (accessed: 03.05.2022). Back in December 2021 The Chairman of the Federation Council of the Federal Assembly of the Russian Federation V. I. Matvienko "drew special attention to the unsatisfactory results of the implementation of the FNTP in the field of development of domestic breeding and seed production of agricultural crops, especially for import substitution of potatoes and sugar beet" ^{[5, p.8]}. The doctrine of 2020 provides for a threshold value of seeds of the main agricultural crops of domestic selection - at least 75 percent. Therefore, one of the strategic objectives of the Russian state is the development of seed production. There have already been changes in the legal regulation of seed production - on December 30, 2021, a new Federal Law No. 454-FZ "On Seed Production" was adopted, which enters into legal force on September 1, 2023. It regulates seed production relations in more detail in comparison with the current law, including the competence of state authorities, scientific support of seed production, requirements for the production (cultivation), storage, transportation and sale of seeds of agricultural plants, information support of seed production, ensuring safety in the field of seed production of agricultural plants, the implementation of federal state control (supervision) in the field of seed production.

It is necessary to modernize strategic planning documents both at the level of the Russian Federation and the subjects of the Russian Federation. In 2022, certain subjects of the Russian Federation assumed obligations to increase beet crops, developed strategic planning documents for the development of seed production ^{[3, p.4]}.

Active actions are also needed to reduce the dependence of the EAEU members on imported seeds. The Agreement on the Circulation of seeds of agricultural plants within the framework of the Eurasian Economic Union dated 07.11.2017 (hereinafter referred to as the Agreement) is valid within the Union. It "regulates legal relations related to the circulation of seeds of agricultural plants within the Union, with the exception of seeds of agricultural plants, the genetic program of varieties of which contains genetically engineered material" (Article 2). The agreement provides for information support for the production and turnover of seeds of agricultural plants, the definition of uniform methods for the varietal identification of agricultural plants, the definition of varietal and sowing (planting) qualities of seeds of agricultural plants, measures aimed at the unification of national legislation on the testing of varieties and seed production.

The Union has defined a list of agricultural plants for which there is dependence on the import of seeds and (or) planting material in the EAEU member states. These include sugar beet, sunflower, rapeseed, safflower, corn, winter rye, vegetable and melon crops, alfalfa, esparcet, fruit and berry crops.

In the new Strategy, it is planned that the growth rate of seed production of new domestic varieties of agricultural plants within the framework of the implementation of the Federal Scientific and Technical Program in relation to the previous year (basic and target options): in 2024, it will be 5 percent; in 2030, it will also be 5 percent.

4. Reducing dependence on imported agricultural machinery and spare parts.

The Strategy plans an annual renewal of the fleet of vehicles at the level of 10 percent of the number of self-propelled vehicles and other equipment available. It is also necessary to apply modern technologies, including precision farming systems.

Thus, modern realities required the adjustment of strategic planning documents in the field of agriculture. The position has been formed in the literature that sanctions should reorient the Russian agro-industrial complex from an "overly open agro-industrial system" into a system focused on sustainability and self-sufficiency, strengthening the protection of the agro-industrial complex from external influence" ^{[6, p.7]}. This requires changes in strategic planning, not only of agriculture, but of the agro-industrial complex as a whole.

It is necessary to monitor the provision of fertilizers to agricultural producers, maintain stable prices on the wholesale market of agricultural products, increase the production of domestic agricultural machinery and equipment, intensify cooperation between agricultural producers and scientific organizations in determining the need for domestic seeds of major crops and breeding products for the long term (the list of instructions approved by the President of the Russian Federation on 04/26/2022 № Pr-738. Access from help.- right. systems "Consultant Plus"). Thus, the sanctions policy led to a change in the strategizing of the state agrarian policy, the clarification of target indicators, deadlines, and the development of state support measures adequate to the current global economic situation.

At the same time, the concept of the state agrarian policy itself is being transformed, as there is a change in the markets for domestic agricultural products, the growing importance of Russia in ensuring global food security in terms of cereals and fertilizers, accelerated development of seed production and technical re-equipment of the agro-industrial complex.