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The problem of deecologization of environmental legislation of Russia and Kazakhstan in the context of the formation of the EAEU ecological and safe space

https://doi.org/10.37493/2409-1030.2023.2.13

Abstract

   Introduction. The article analyzes the legal norms of Russia and Kazakhstan – the countries-members of the Eurasian Economic Union (EAEU).

   Materials and Methods. The legislation of these two EAEU countries on environmental protection and rational use of natural resources was considered within the framework of a risk-oriented approach. Special emphasis is placed on legislation on specially protected natural areas, resorts and other unique natural objects and complexes. Along with the current national law, the practice of its application is considered, as well as the current and possible rule-making in the future.

   Analysis. The article examined the current legal norms that contribute to the emergence of corruption, as well as developed practical recommendations aimed at overcoming this negative trend. The authors state attempts to lobby individual financial and economic groups for their commercial interests in the field of lawmaking, which at the current stage leads to the de-ecology of national legislation in the EAEU countries. This trend is illustrated by an example of the latest changes in legislation on specially protected natural areas in Russia and Kazakhstan, as well as active attempts to change legislation towards the liberalization of the protection regime. Similar trends in the deecologization of environmental and natural resource legal norms in the two EAEU countries are revealed.
   Results. It was concluded that the flaws in environmental policy in the post-Soviet countries entail insufficiency and inconsistency of the newly adopted norms. The authors identify such deficiencies and indicate their possible negative consequences for law enforcement. Options for solving existing and potentially possible problems in the EAEU countries are proposed, with a concurrent consideration of the possibility of receiving such solutions by other states at the stage of their economic integration within the Union.

About the Authors

E. S. Navasardova
North-Caucasus Federal University
Russian Federation

Eleonora S. Navasardova, Dr. Sci. (Law), Professor

355017

1, Pushkina St.

Stavropol



R. V. Nutrikhin
North-Caucasus Federal University
Russian Federation

Roman V. Nutrikhin, Cand. Sc. (Law), Associate Professor

355017

1, Pushkina St.

Stavropol



References

1. Au T. «Resort» as a legal category: problems of legal regulation Available from: https://articlekz.com/article/10008 [Accessed 20 March 2023] (In Russ.).

2. Navasardova Je. S., Chechel’ G. I., Nutrihin R. V. Problems of the legal regime of lands of health-improving areas and resorts. Gumanitarnye i ûridičeskie issledovaniâ = Humanities and Law Research. 2019; 4: 186-196 (In Russ.).

3. Decree of the Government of the Republic of Kazakhstan of 04. 02. 2005 «On some issues of the Schuchinsk-Borovsk resort zone» Available from:https://adilet.zan.kz/rus/docs/P050000106_ [Accessed 20 March 2023] (In Russ.).

4. Decree of the President of the Republic of Kazakhstan dated 11. 06. 2004 No. 474 «On measures to preserve unique and rare landscapes in the territory of the Republic of Kazakhstan» Available from: https://adilet.zan.kz/rus/docs/N040000474_ [Accessed 20 March 2023] (In Russ.).

5. Federal Law of 23. 02. 1995 No. 26-FZ «On Natural Therapeutic Resources, Health and Recreation Areas and Resorts» // SPS «Konsul’tantPljus» (In Russ.).

6. Federal Law No. 406-FZ of 28.12.2013 «On Amendments to the Federal Law» On Specially Protected Natural Areas «and Certain Legislative Acts of the Russian Federation» // SPS «Konsul’tantPljus» (In Russ.).


Review

For citations:


Navasardova E.S., Nutrikhin R.V. The problem of deecologization of environmental legislation of Russia and Kazakhstan in the context of the formation of the EAEU ecological and safe space. Humanities and law research. 2023;10(2):279-285. (In Russ.) https://doi.org/10.37493/2409-1030.2023.2.13

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ISSN 2409-1030 (Print)