Corruption practicies that occure in the field of water bodies utilisation and protection in Russia increase ecological threats and undermine the system of legal regulation of relations on use and protection of the Water Fund. In the proposed article the authors conduct a critical analysis of the legal regulation for water relations (federal laws, regulatory legal acts, judicial practice) for the purpose of identifying the corruption risks and recorded corruption practicies in order to minimize and eliminate them. Basing on the judicial practice and scientific research results, the authors reveal several “painful points” of water legislation in Russia with respect to corruption risks and activities. The authors propose to fill the gaps in the existing law, which will effectively ensure the prevention and suppression of corruption in the utilization and protection of water bodies. The article applies methods of systemic analysis and modeling, and also uses universal scientific methods of induction and deduction, as well as abstraction. The thematic sections addressed by the study include: corruption risks and practicies at the present stage of the Water Act development; small water bodies and corrupt activities; Underground water objects and corruption risks; Monopoly and corruption risks in the field of water relations as well as Possibilities of public control in connection with corruption risks and practicies in Russia.
The monograph summarizes new relevant materials and topics. The study of the sources (forms) of environmental and natural resource law, legislation on environmental assessment and environmental control (supervision), provisions of land and other codes as forms of law, mechanisms for regulating environmental management, as well as the evolution of sources of law in the field of agriculture. The complex nature of environmental law is demonstrated, the constitutional, legislative, and political foundations of environmental development, the unified state environmental policy of the Russian Federation and a number of foreign states are outlined. The genesis and systematization of forms of atmospheric air protection, specially protected natural territories of Russia, Belarus and Kazakhstan, legal regulation of waste management, international and national measures of adaptation to climate change are reflected. The legislation on land reclamation, land management, subsoil use, forest management, water use, fishing and conservation of aquatic biological resources in the system of sources of environmental law is analyzed; the issues of intersectoral communication of environmental, urban planning, information, energy, civil legislation and law are considered. Examples from the field of law enforcement are given. The idea of ecologization of sources (forms), institutions, categories, norms of branches of Russian law is being developed. For lawyers — scientists and practitioners, teachers, postgraduates, masters, law students, and other specialists interested in the theory and practice of lawmaking and the application of environmental law.
The commentary discusses the features of application of measures of administrative responsibility for different types of offenses in the field of environmental protection, as well as in various fields of environmental management. Special attention is paid to the analysis of criteria of differentiation of the components of administrative offences and related criminal offences under the Criminal code of the Russian Federation. Taking into account all the changes and additions made to Chapter 8 of the Code of the Russian Federation on administrative offences as of November 1, 2019, are examples of administrative and judicial enforcement, as well as a synthesis and recommendations contained in the resolutions of the Plenum of the Supreme Court of the Russian Federation. For practitioners - judges, prosecutors, environmental agencies, leading proceedings for environmental offences, the police and other law enforcement agencies, attorneys, and administrative staff of business structures, experts of self-regulating organisations, academics, teachers, graduate students, undergraduates and law students and faculties.
The author reveals key terms of water law — water fund and water objects in c ontext of various relationships. The author discloses correlation of these terms with the concepts of real estate, watersectoral complex; understands said terms through the prism of state surveillance, account and zoning of water fund. Water objects of common usage are also inspected by the author. The following methods of scientific research are used: historic retrospective, comparative analyze and extrapolation. Experience of EU, CIS and other countries is taken into account. The article exposes the views and breakthrough ideas of leading scientists of modern jurisprudence (T. Y. Khabrieva, Yu. A. Tikhomirov, M. M. Brinchuk, S. A. Bogolyubov, O. S. Kolbasov, O. I. Krassov), some representatives of the natural sciences and mass media. Russian water fund is not only a basis of water sector, but also is a permanent basis of all economy. Degradation of quality and reduction of quantity of water resources inevitably would harm the wellbeing of the Russian society. Norms of Soviet and Russian legislation are presented by the author in a critical manner. The author inspects the classification of water objects, which is important for the state water fund. As it is stated in article 5 of Russian Water Code, depending on the features of the regime, geographical, morphometric and other features, water objects have complicated gradation. For the purposes of this article, first of all it is important to divide the surface and underground water objects. According to the article 5 of Russian Water Code, the term “surface water object” includes not only water masses, but also covered land within the coastline. These are the necessary features of surface water objects — connection of land and water. In this regard, a difficult question is attended to as of whether the surface water objects have in their structure real estate.
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