Differntiation between Rational and Sustainable Use of Natural Resources in Land Law

Abstract

The rational use of natural resources in land law is understood as the increase in the ecological efficiency of the use of natural resources, including the quality improvement. the paper identifies the types of public relations concerning the rational use of natural resources in land law: 1) improvement of the state of the natural environment and the ecological situation in general; 2) improvement of the quality of land as a separate natural resource and a natural object; 3) land reclamation; 4) land restoration; 5) additional reproduction of land fertility; 6) other relationships aimed at improving the sustainability of environmental systems of which land is a part. On the example of Part 2 Art. 8.7 of the Administrative Code of the Russian Federation, Para. 2 of Art. 45, Para. 2 of Art. 46 and Para. 1 of Art. 47 of the Criminal Code of the Russian Federation the paper shows the significance of differentiation between rational and sustainable use of natural resources in land law for law enforcement. The proposed differntiation leads to overcoming legal uncertainty when bringing to administrative responsibility and forced termination of rights to land plots for failure to fulfill mandatory measures for the land improvement. The author substantiates the supression from the objective side of the administrative offense provided by Part 2 of Art. 8.7 of the Administrative Code of the Russian Federation, of the failure to act on mandatory improvement of lands. The reasons for the proposed change of the rule include: 1) the absence in law enforcement practice of the facts of bringing to administrative responsibility under Part 2 Art. 8.7 of the Administrative Code of the Russian Federation for failure to comply with mandatory measures to improve lands; 2) recognition by courts in most cases of the design of part 2 of Art. 8.7 of the Administrative Code of the Russian Federation as a formally defined crime; 3) the study of Part 2 Article 8.7 of the Code of Administrative Offences of the Russian Federation in the science of Land Law exclusively in the context of the failure to implement mandatory measures to protect land and soil; 4) only social relations in the field of preservation and protection of land against negative impact can be the object of an administrative violation.

Socio-economic aspects of the rational use of natural resources

“…It is known that the market self-regulation mechanism often fails to cope with undesirable phenomena in the economy. In the scientific literature [6], it is said in this regard: "Sometimes market mechanisms not only do not eliminate but, on the contrary, are capable of aggravating undesirable phenomena in the economy." Therefore, this mechanism is defective.…”

“…Moreover, the author [6] proposes a distinction between the rational and sustainable use of natural resources in land law. The proposed distinction makes it possible to overcome the legal uncertainty in bringing to administrative responsibility and in the forced termination of rights to land plots for failure to comply with mandatory measures to improve land.…”

Legal aspect of the implementation of the UN sustainable development goals in the field of environmental management in Russia

“…For example, E.V. Luneva notes that public policy is "a system of values, ideas and views that reflect the direction of state activity toward obtaining a predetermined result in any sphere of public relations" [1]. State regulation of forest and water relations during the reform period is of great importance.…”

“…The study of legal and organizational problems of the protection of forests and waters in the Russian Federation is reflected in the works of E.V. Luneva [1]…”