Izvestiya of Saratov University.

Economics. Management. Law

ISSN 1994-2540 (Print)
ISSN 2542-1956 (Online)


For citation:

Hassan M. N. Constitutionalization of environmental relations in Russia: Formation and development. Journal Izvestiya of Saratov University. Economics. Management. Law, 2023, vol. 23, iss. 3, pp. 358-363. DOI: 10.18500/1994-2540-2023-23-3-358-363, EDN: CAWXKX

This is an open access article distributed under the terms of Creative Commons Attribution 4.0 International License (CC-BY 4.0).
Full text PDF(Ru):
Language: 
Russian
Heading: 
Article type: 
Article
UDC: 
342.84
EDN: 
CAWXKX

Constitutionalization of environmental relations in Russia: Formation and development

Autors: 
Hassan Mohammed Najah Hasan, Saratov State University
Abstract: 

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.

Reference: 
  1. Biryukov A. V. Formation of the concepts of “environmental protection”, “environmental safety” in the Russian Federation. Voprosy natsional’nykh i federativnykh otnosheniy [Issues of National and Federal Relations], 2022, vol. 12, iss. 2 (83), pp. 462–469 (in Russian). https://doi.org/10.35775/PSI.2022.83.2.015
  2. Gulyaev Ya. A. Preconditions of regulation of wildlife management in the course of historical development of the Russian state. Probely v rossiiskom zakonodatel’stve [Gaps in Russian Legislation], 2011, no. 6, pp. 150–155 (in Russian).
  3. Kazannik A. I. People’s Protection of Siberian Nature. Omsk, Omskiy dom pechati, 1999. 192 p. (in Russian).
  4. Shinkarev L. Sibir’: otkuda ona poshla i kuda ona idet : Fakty, razmyshleniya, prognozy [Siberia: Where did it go from and where is it going: Facts, refl ections, forecasts]. Moscow, Sovetskaya Rossiya, 1978. 462 p. (in Russian).
  5. On the protection and development of natural resources of the RSFSR. Decree of the All-Russian Central Executive Committee, Council of People’s Commissars of the RSFSR of June 20, 1930. Sobranie uzakoneniy RSFSR [Collected legalizations of the RSFSR], 1930, no. 30, art. 397 (in Russian).
  6. On nature protection in the USSR. Law RSFSR of October 27, 1960. ATP «Garant» [electronic resource] (in Russian).
  7. On environmental protection. Law RSFSR 2060-1 of December 19, 1991 (an edition of January 10, 2002. Vedomosti SND i VS RF [Gazette of the Congress of People’s Deputies of the Russian Federation and the Supreme Soviet of the Russian Federation], 1992, no. 10, art. 457 (in Russian).
  8. The Constitution of the Russian Federation (adopted by popular vote on December 12, 1993 (amended by Federal  Constitutional Law 6-FKZ of December 30, 2008, Federal Constitutional Law 7-FKZ of December 30, 2008, Federal Constitutional Law 2-FKZ of February 5, 2014, Federal Constitutional Law 11-FKZ of July 21, 2014, Federal Constitutional Law 1-FKZ of March 14, 2020). Sobranie zakonodatel’stva RF [Collection of Laws of the Russian Federation], 2014, no. 31, art. 4398; 2020, no. 11, art. 1416 (in Russian).
  9. Bogolyubov S. A. Theoretical novelties in constitutional ecology. Higher School Companion, 2022, no. 5 (10), pp. 24–29 (in Russian). https://doi.org/10.55346/27825647_2022_02_24
  10. Velieva D. S. Sistema konstitutsionnykh ekologicheskikh prav i obyazannostey v Rossiyskoy Federatsii [The system of constitutional environmental rights and obligations in the Russian Federation]. Moscow, DMK Press, 2009. 220 p. (in Russian).
  11. Brinchuk M. M. Development of ecological law in constitutionally-civilizational aspect. Courier of Kutafi n Moscow State Law University (MSAL)), 2019, no. 1, pp. 14–21 (in Russian). https://doi.org/10.17803/2311-5998.2019.53.1.014-021
  12. Bogolyubov S. A. Environmental protection, judicial activity, science. Pravosudie/Justice, 2022, vol. 4, no. 2, pp. 39–59 (in Russian). https://doi.org/10.37399/2686-9241.2022.2.39-59
  13. Borisov N. A., Volkov V. A. V poiskakh novoy paradigmy: ocherk politicheskoy ekologii [In search of a New Paradigm: An Essay on Political Ecology]. St. Petersburg, North-West Institute of Management – branch of RANEPA Publ., 2014. 144 p. (in Russian).
  14. Bogolyubov S. A. The Potential of Environmental Norms of the Russian Constitution. Journal of Russian Law, 2018, no. 5. pp. 16–25 (in Russian). https://doi.org/10.12737/art_2018_5_2
  15. Anisimov A. P., Ryzhenkov A. Ya. (eds.) Ekologiya i pravo v XXI veke: teoriya i praktika [Ecology and law in the XXI century: Theory and practice]. Moscow, Yurlitinform, 2023. 382 p. (in Russian).
  16. The Constitution of the Kyrgyz Republic. Available at: http://cbd.minjust.gov.kg/act/view/ru-ru/202913 (accessed February 23, 2023) (in Russian).
  17. Borisov N. A., Volkov V. A. Concept of the Ecological State in a context of Political Ecology Formation. Administrative Consulting, 2014, no. 2, pp. 27–35 (in Russian).
  18. Constitution of the Central African Republic. Available at: http://www.sangonet.com/afriqg/PAFF/Dic/actuC/ActuC19/projet-constitution-RCA-adopte-par-CNT-2015.pdf  (accessed February 23, 2023) (in Russian).
  19. O sostoyanii i ob okhrane okruzhayushchey sredy Rossiyskoy Federatsii v 2021 godu. Gosudarstvennyy doklad [On the state and environmental protection of the Russian Federation in 2021. State report]. Moscow, Minprirody of Russia, Lomonosov Moscow State University Publ., 2022. 685 p. (in Russian).
Received: 
28.02.2023
Accepted: 
15.05.2023
Available online: 
31.08.2023
Published: 
31.08.2023