Environmental Law in the Russian Federation

Legal Regulation of Environmental Protection in Foreign Countries

Author(s): Aleksey Anisimov and Anatoliy Ryzhenkov

Pp: 244-280 (37)

DOI: 10.2174/9789815049169122010011

* (Excluding Mailing and Handling)


 In the era of globalization, international cooperation becomes more important since no country in the world can solve the problem of global climate change or pollution of the World Ocean on its own. However, the interpenetration of the most successful legal rules and institutions of other countries into national legal systems is a no less significant trend. The study of this comparative aspect makes it possible to better understand the advantages and disadvantages of Russian environmental legislation, formulate constructive suggestions for the Russian legislator, and identify possible ways of bilateral cooperation in environmental issues that are understood in the national legislation of two or more countries. Russian environmental legislation is more closely linked to the CIS countries both for the geographical reason (as neighbors) and because these countries were part of the USSR for many years, and the approaches to the legal regulation of environmental (and many other) social relations that were established during that period of our joint history are still used today. The environmental laws of the Russian Federation, the Republic of Kazakhstan, and the Republic of Belarus can be compared as an example. The criterion for comparison is the content of the main environmental legal institutions included in these laws. The relevant environmental legal institutions in Russia and these countries can coincide completely, partially, or don’t not coincide at all. The main focus in this chapter is not so much on comparing the laws of the Republics of Kazakhstan and Belarus with each other but comparing them with the basic institutions of Russian environmental law. The fundamental difference between environmental law of the European Union and the Russian Federation is not only the supranational nature of EU directives but also the fact that the EU almost does not regulate natural resource management issues e.g., in terms of the procedure for the provision of natural resources based on the right of ownership or other rights. This is the scope of national legislation of the member countries. Both in Russia and the environmental law of the EU, we can observe a trend of ecologization of related legislation: it means environmental rules are introduced into the regulatory acts governing related areas of social relations (transport, power industry, fight against unemployment, etc.). Moreover, in this chapter, the authors point out several characteristics of not only the environmental law of the United States but of Russia, China, the European Union, or many other countries and consider the current distinctive features of the nature protection policy of China.

Keywords: Acid rains, Agency, Belarus, Experience, China, Directive, Drinking water, Federation, Flint, Government, Greenhouse gases, Legislation, Kazakhstan, Principle, Quotas, Russia, State, Superfund, United States, Waste.

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