environmental protection

Constitutionalization of environmental relations in Russia: Formation and development

Introduction: The formation and development of constitutional norms of the protection of nature and the environment is an important condition for creating the favorable environment in the interests of present and future generations. An analysis of the evolution of this process will allow us to trace legal trends in this area and further prospects for constitutionalization of environmental relations. Theoretical analysis. The analysis of the genesis of constitutionalization of environmental relations in Russia has shown that this process has followed the path of recognition of environmental human rights and establishment of environmental responsibilities, which is an important constitutional and legal security measure aimed at creating the favorable environment, ensuring environmental rights of citizens, and acts as an indicator demonstrating the willingness of the state to ensure environmental safety of Russia. Empirical analysis. The development of the process of constitutionalization of environmental relations in Russia is carried out, among other things, through amendments to the Constitution of the Russian Federation. It is concluded that these amendments will not have an immediate positive effect, but they are still a positive trend towards constitutionalization of environmental relations, an “ecological investment in the future”, aimed at forming ecological culture, consolidating positive environmental traditions. Conclusion. Despite the existence of constitutional provisions for environmental protection and a large body of environmental legislation formed on the basis of constitutional prescriptions, Russia has not been able to solve environmental problems so far. Therefore, it is concluded that Russia, despite the legal evolution of environmental relations to the extent of their constitutionalization, cannot yet be called an “ecological state”, since an effective ecological and legal mechanism for implementing constitutional requirements in this area must be created for this purpose.

 Izv. Sarat. Univ. Economics. Management. Law, 2023, vol. 23, iss. 3
The problem of differentiation of the competence of the federal and regional authorities of the state environmental control (supervision)

Introduction. The article is devoted to the problem of delimitation of competence for carrying out control and supervisory activities vertically – between federal and regional executive authorities that implement the function of environmental control (supervision). Theoretical analysis. The delimitation of the powers of federal and regional authorities in the field of state environmental control (supervision) is rather vague. The transfer of a large amount of such powers has led to the complication of the system of state environmental control (supervision). The objects of regional state environmental supervision are determined according to the residual principle without the mandatory fixing their list. At the same time, the legislation does not provide for the possibility of transferring the powers of regional executive authorities in the field of environmental protection to federal authorities. Empirical analysis. In practice, there is often duplication of control and supervision powers in the environmental sphere between federal executive authorities and executive authorities of the constituent entities of the Russian Federation, as well as local governments, which negatively affects their performance. In the constituent entities of the Russian Federation there are no specialized bodies exercising the implementation of the powers transferred by the Russian Federation. Results. It is concluded that there is no effective interaction between environmental control (supervision) bodies at all levels of government due to insufficient regulation of this issue in the legislation. In order to eliminate legal conflicts, simplify the interaction between subjects, the article substantiates the necessity of adoption of the Federal Law “On Environmental Control (Supervision)”; development and adoption of administrative regulations for the interaction of federal and regional environmental control (supervision) bodies; conclusion of agreements on the “reverse delegation” of powers from the executive authorities of the constituent entities of the Russian Federation to the federal bodies of state environmental control (supervision).

 Izv. Sarat. Univ. Economics. Management. Law, 2022, vol. 22, iss. 3
Analysis of Environmental Taxation of the Russian Federation

Introduction. An important aspect of the socio-economic development of the country is the account of the environmental component as a factor in demographic stability, improve the economic efficiency of production facilities, as well as increased responsibility of individuals and legal entities for the activity results. Theoretical analysis. The article deals with the mutual influence of economic activities of individuals and legal entities, and the existing tax system in the country to preserve the environment and maintain the ecological balance. Currently, the tax system of the Russian Federation does not fully reflect the principle of taxation of ecology, which leads to negative external influences that determine the high level of morbidity on the one hand, and the operation of mainly environmentally adverse production on the other. In a market economy the most important for the regulation of the economy are economic methods, which include and taxes. In this regard there was a need to analyze the current environment taxation system in the Russian Federation. Discussion of results. The result of the study indicated the problem was to identify environmental features of the tax system in the Russian Federation, support of environmental taxation issues and possible directions of development of the system.

 IZVESTIYA OF SARATOV UNIVERSITY. NEW SERIES. SERIES: ECONOMICS. MANAGEMENT. LAW. 2017. Т. 17, вып. 2