The Constitutional Dimension of the Environmental Security of the Russian Federation: Problems and Perspectives
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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.
KeywordsEnvironmental security Environmental protection Environmental human rights Constitutional bases of environmental security Environmental legislation
- Bogolyubov, S.A.: Law and unified state environmental policy. J. Russ. Law 3, 5–8 (2011)Google Scholar
- Boklan, D.S., Kopylov, M.N.: The interaction of international environmental and international economic law as branches of the international law system. Moscow J. Int. Law 3, 171–191 (2014)Google Scholar
- Dudykina, I.P.: The Aarhus convention: Russian and foreign doctrinal assessments. Moscow J. Int. Law 4, 96–109 (2018)Google Scholar
- Kukushkina, A.V.: The concept of sustainable development (environmental, economic and social aspects). Moscow J. Int. Law 1, 52–60 (2002)Google Scholar
- Nazarova, I.S.: Ecological rights of the person: constitutional and legal dimension. Const. Municipal Law 9, 10–13 (2007)Google Scholar
- Ryzhenkov, A.Ya.: On the issue of doctrinal principles of environmental law (as in the case of the principle of climate protection). Bull. (Vestnik) Volgograd Inst. Bus. Bus. Educ. Law 1, 164–168 (2018)Google Scholar
- Sobol, I.A.: Law. Ecology. Urbanization, St. Petersburg (1999)Google Scholar
- Solntsev, A.M.: Climate change: the international legal dimension. Moscow J. Int. Law 1, 60–78 (2018)Google Scholar
- Trudova, O.V., Yakovlev, E.Yu.: Problems of judicial protection of the environmental rights of the Russian citizens at the international level. Moscow J. Int. Law 3, 21–41 (2008)Google Scholar
- Vasilyeva, I.M.: Conceptual issues of improving environmental policy and environmental legislation. Environ. Law 2, 8–19 (2007)Google Scholar
- Velieva, D.S.: Ecological Security in Russia: Constitutional and Legal Research, Povolzhsky Institute of Management named after P.A. Stolypin, Saratov (2011)Google Scholar
- Vylegzhanina, E.E.: International legal development of the procedure for assessing the impact of economic activity on the environment. Environ. Law 3, 35–41 (2005)Google Scholar
- Yastrebov, A.E.: Actual problems of judicial protection of the constitutional environmental rights of citizens. Const. Municipal Law 12, 17–21 (2007)Google Scholar
- Zinnatullin, Z.F., Safin, Z.F.: Domestic acts of the Russian Federation on environmental protection. In: Valeev, R.M. (ed.) International Environmental Law, pp. 623–637. Statut, Moscow (2012)Google Scholar