The Constitutional Dimension of the Environmental Security of the Russian Federation: Problems and Perspectives

  • N. Yu. MolchakovEmail author
Conference paper
Part of the Advances in Intelligent Systems and Computing book series (AISC, volume 1100)


One of the major areas of activity of the modern State is its function of ensuring the environmental security. The modern States include in their fundamental laws detailed articles containing constitutional regulation of issues related to the protection of the environment and the protection of environmental human rights, and also declare their commitment to the sustainable development goals. At the same time, the 1993 Constitution of the Russian Federation does not go beyond simple listing the certain environmental rights, including the right to a favorable environment, as well as securing the obligation to preserve nature and the environment. These constitutional norms are developed in environmental legislation, however, it has a number of significant shortcomings as defined in this very Article. In particular, the author points to the priority of economic interest over environmental in the relevant legal acts, as well as the limited application of such procedures as environmental expertize and environmental impact assessment. Meanwhile, the law enforcement practice does not seek to overcome the considered defects in environmental legislation.

The author emphasizes that the Russian Federation needs a comprehensive reform of environmental legislation, which should also, among other things, affect the Constitution of the Russian Federation. In particular, the fundamental law should clarify the environmental function of the Russian State, as well as expand the list of environmental human rights. In addition, the implementation of such reform should include not only the improvement of federal and regional legislation, but also a whole range of legislative and organizational measures to implement the provisions of international treaties in the field of the environmental security to which Russia is already or will become a Party in the foreseeable future.


The research is based on the comprehensive analysis of the 1993 Constitution of the Russian Federation, national environmental legislation and court practice in the context of international treaties in the sphere of environmental protection. The author applies general and private scientific methods. In particular, for the analysis of the above-mentioned legal documents the legal-dogmatic method is used. The doctrinal positions in this research is considered by the application of the critical assessment method.


Environmental security Environmental protection Environmental human rights Constitutional bases of environmental security Environmental legislation 

JEL Code



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© Springer Nature Switzerland AG 2020

Authors and Affiliations

  1. 1.Moscow State Institute of International RelationsMoscowRussia

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