Classification of special legal means of ensuring environmental safety during subsoil development in the Arctic zone of Russia
https://doi.org/10.25587/2310-5453-2023-4-5-29
Abstract
In order to assess the legal regulation in the sphere of ensuring environmental safety in the development of subsoil in the Arctic zone of Russia, the system is investigated and the classification of special legal means provided by the legislation on subsoil and environmental protection is developed. Based on the analysis of the legal definition of «environmental safety», two groups of special legal means are singled out: 1. prevention of negative impact on the environment; 2. liquidation of consequences of negative impact on the environment. The methodological basis of the study was general scientific and private legal methods. The system of special legal means of ensuring environmental safety in subsoil development regulated by the legislation requires its further development, in particular, the legislation does not define the procedure for environmental certification, there is no legal regulation of the implementation of environmental audit as a measure aimed at reducing the negative impact of economic activity on the environment. The rules of land reclamation do not have special norms aimed at restoring the natural environment after the development of mineral deposits. It is proposed to change the approach to the solution of the mentioned issue through the restoration of the natural landscape. Landscape reclamation will be the foundation for the renewal of the disturbed ecosystem after mining.
Keywords
subsoil use,
subsoil development,
environmental protection,
environmental safety,
legal means,
classification of legal means,
land reclamation,
Arctic zone of Russia
Supporting agencies: The study was financially supported by the Russian Foundation for Basic Research under the project № 21-510-22001 «State regulation of subsoil use and environmental protection in France and in the Arctic zone of the Russian Federation: comparative study, methodology and practice» (FDNC_a).
About the Author
T. A. Yakovleva
M.K. Ammosov North-Eastern Federal University
Russian Federation
Russian Federation
Yakovleva Tatyana Afanasyevna – Candidate of Juridical Sciences, Associate Professor of the Department of Arctic Law and the Law of the Countries of the Asia-Pacific Region, Faculty of Law
Yakutsk
References
1. Zhavoronkova, N. G. (2007). Ecological and legal problems of ensuring environmental safety in natural and man-made emergencies. Moscow : Publishing House Jurisprudence, 168 p. (In Russ.)
2. Milkov, A. V. (2009). Towards the definition of the concept of «legal means». Business in law. Economic and Legal Journal, No. 1, pp. 113–115. (In Russ.)
3. Alekseev, S. S. (1995). Theory of law. Moscow : BEK Publishing House, 320 p. (In Russ.)
4. Kichigin, N. V. (2018). Minimization and prevention of environmental and legal risks. Journal of Russian Law, No. 8 (260), pp. 144–154. (In Russ.)
5. Zakondyrin, A. E. (2020). The best available technologies in the mining sector: current problems and ways to solve them. Mining Information and Analytical Bulletin (scientific and technical journal), No. 6-1, pp. 55–64. – DOI: https://doi.org/10.25018/0236-1493-2020-61-0-55-64 (In Russ.)
6. Skirda, Yu. V. (2020). Legal problems of using the best available technologies in subsoil use of the Russian Federation. International Journal of Humanities and Natural Sciences, No. 2-2 (41), pp. 184–186. (In Russ.)
7. Agafonov, V. B. (2016). Legal support for environmental protection and environmental safety when using subsoil. Lex Russica, No. 6 (115), pp. 61–81. – DOI: https://doi.org/10.17803/1729-5920.2016.115.6.061-081 (In Russ.)
8. Kvanina, V. V. (2021). Selected issues of legislation on environmental certification. Bulletin of the South Ural State University. Series: Law, No. 4 (21), pp. 62–70. (In Russ.)
9. Asadullina, D. M., Kuramshina, N. G. (2023). Environmental certification as a measure to ensure environmental protection. Bulletin of Science, T. 3, No. 1 (58), pp. 227–230. (In Russ.)
10. Yasinsky, S. R. (2019). On the issue of the mechanism of legal regulation of subsoil use within surface water bodies. Agrarian and Land Law, No. 2 (170), pp. 123–134. (In Russ.)
11. Nogovitsyn, R. R., Vasilyeva, A. M. (2018). Ensuring environmental safety in the Arctic zone of the Russian Federation. Problems of modern economics, No. 4 (68), pp. 203–205. (In Russ.)
12. Volynkina, E. P. (2017). Analysis of the state and problems of processing technogenic waste in Russia. Bulletin of the Siberian State Industrial University, No. 2 (20), pp. 43–49. (In Russ.)
13. Bobrenko, I. A., Pavlova, E. Yu. (2015). Problems of increasing environmental safety when handling drilling waste in Western Siberia. Omsk Scientific Bulletin, No. 1 (138), pp. 198–202. (In Russ.)
14. Oreshkin, D. V. (2017). Environmental problems of integrated development of subsoil during large-scale utilization of technogenic mineral resources and waste in the production of building materials. Construction materials, No. 8, pp. 55–63. (In Russ.)
15. Novikova, S. A., Vysokikh, N. O. (2020). Generation of production and consumption waste during the construction of exploratory well No. 665 of the Iktekhsky subsoil plot (Yakutia). National priorities of Russia, No. 3 (38), pp. 75–78. (In Russ.)
16. Sosnovsky, V. V. (2013). Environmental audit as a legal tool for preventing violations of environmental legislation in France. Proceedings of the Institute of State and Law of the Russian Academy of Sciences, No. 2, pp. 218–229. (In Russ.)
17. Ermatov, T., Ilkhomzhonova, F. (2018). Environmental audit as a factor in reducing environmental risk. International Journal of Humanities and Natural Sciences, No. 6-1, pp. 15–18. (In Russ.)
18. Pinaev, V. E., Kasimov, D. V. (2017). Reclamation – water bodies and land. Bulletin of Eurasian Science, No. 2 (39), pp. 44–52. (In Russ.)
19. Ivasishin, P. L. (2009). Liquidation of the consequences of oil spills using biodegradable sorbents. Territory Neftegaz, No. 6, pp. 70–71. (In Russ.)
20. Semenov, A. M., Olenin A. V., and Khokhlachev, N. S. (2017). Oxidation of oil in the marine environment by bacteria – epiphytes of brown algae. Vesti gazovoy nauki, No. 5 (33), pp. 135–139. (In Russ.)
21. Shamordin, R. O. (2018). Issues of legal regulation of land reclamation during subsoil use. Journal of Russian Law, No. 5 (257), pp. 148–155. – DOI: https://doi.org/10.12737/art_2018_5_14 (In Russ.)
22. Mesyats, S. P., Volkova, E. Yu. (2015). Modern view on the reclamation of rock dumps in the mining industry. Mining information and analytical bulletin (scientific and technical journal), No. 56, pp. 467–478. (In Russ.)
23. Mironova, S. I., Ivanov, V. V. (2011). Problems of land reclamation during subsoil use in the North. Science and technology in Yakutia, No. 2 (21), pp. 49–51. (In Russ.)
24. Mironova, S. I. (2018). Technologies for biological reclamation of lands disturbed by machinery in the permafrost zone. Problems of regional ecology, No. 5, pp. 145–148. – DOI: https://doi.org/10.24411/1728-323X-2019-15145 (In Russ.)
25. Archegova, I. B., Kuznetsova, E. G., Khabibullina, F. M., et al. (2013). Accelerated restoration of disturbed territories in the North: theoretical and applied aspects. International Journal of Applied and Fundamental Research, No. 8-2, pp. 204–206. (In Russ.)
26. Ivanova, N. S., Shipilova, E. V., and Makarov, A. B. (2018). A new approach to the reclamation of mining landscapes. News of higher educational institutions. Mining Journal, No. 8, pp. 102–107. – DOI: https://doi.org/10.21440/0536-1028-2018-8-102-107 (In Russ.)
27. Chenskikh, N. A. (2015). Environmental safety factor in the economic activities of the USA and Russia in the Arctic. Azimuth of scientific research: economics and management, No. 4 (13), pp. 116–120. (In Russ.)
28. Zhavoronkova, N. G., Agafonov, V. B. (2016). Legal problems of compensation for past (accumulated) environmental damage in the field of subsoil use. Current problems of Russian law, No. 1 (62), pp. 85–92. (In Russ.)
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For citations:
Yakovleva T.A. Classification of special legal means of ensuring environmental safety during subsoil development in the Arctic zone of Russia. Arctic XXI Сentury. 2023;(4):5-29. (In Russ.) https://doi.org/10.25587/2310-5453-2023-4-5-29
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