The article investigates ways and means of arctic ecosystems’ protection provided by the ecological legislation of Russia. In the opinion of the author of the article, reasonable legal regulation providing not only economic, but also ecological development of the Arctic is one of the most important conditions for expansion of ecologically safe use of the resource potential in this area. The article analyzes shortcomings of the Russian ecological legislation, and offers proposals for their elimination. The author also assesses the development prospects of Arctic ecosystems’ legal protection.
The ecological right is an important component of creation of optimum model of legal regulation of environmental protection at the present stage. Its aim is to protect the environmental interests of society by securing legal restrictions and prohibitions against excessive use of natural resources, often rash and irrational, and also to establish the effective measures of legal protection.
The author investiges the strategic planning documents in the field of environmental protection, evaluates the effectiveness of their implementation, and suggests the improvements of legal regulation of environmental protection in Russia.
The article defines the content of the regulatory function of environmental law, which manifests itself not only in its ability to capture the already achieved level of development of social relations in the environmental field, but also in the determination of this branch of law on the further development of ecological relations. According to the author, despite the presence in the arsenal of environmental law in Russia a progressive, meeting the requirements of international ecological standards of ways and means, relations in the sphere of environmental protection cannot be considered as efficient. A high conservation potential tool of modern environmental law often plays a secondary role in coordination of interests of participants of ecological relations, not allowing them to exercise due legal activity. The article analyzes some problems of realization of regulatory functions of environmental law in the context of key challenges of environmental law regulation.
The article analyzes corruption risks of the ecological legislation, investigates shortcomings of the ecological legislation that directly affect the completeness and quality of the ecological legal regulation and contribute towards the intensification of corruption manifestations in the sphere of environmental protection. The author notes that the current Russian environmental legislation is characterized by the presence of a significant number of legal uncertainties, reference and blanket rules, norms that establish unreasonably wide margin of appreciation for subjects of law enforcement. The author concludes that not all shortcomings of the ecological legislation are the root causes contributing to corrupt practices.
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