Implementing Provisions on Ecology from the Russian Constitution

Abstract

Bogolyubov Sergei - Professor, Department of Administrative Law, National Research University Higher School of Economics; Head of Department of agricultural, environmental and natural resources legislation, Institute of Legislation and Comparative Law under the Government of Russian Federation, Doctor of Juridical Sciences, Honoured Scientist of the Russian Federation. Address: 20 Myasnitskaya Str., Moscow, 101000, Russian Federation. E-mail: ecology@izak.ru.

The paper reveals the potential of provisions on ecology from the Russian Federation Constitution, roleof the relevant federal legislation providing for the responsibility of citizens, state and society for maintainingenvironmental rule of law. Attention was drawn to the protection of private, state and municipaltitles to land and other natural resources which are essential for people living in a certain territory. The20th anniversary of the Russian Federation Constitution is an opportunity to analyze the implementationof its provisions concerning ecology. The article compares subjects of regulation and different legislationsin particular administrative, civil, urban development, land, water, forest, health, resources andenvironment. The author examines the implementation of rights to favourable environment, reliableinformation on its condition indemnification for harm to health or property. The article shows how therequirements of the Constitution are applied to establish the fundamentals of federal policy on the environmentaldevelopment in the Russian Federation, cooperative lawmaking activity of the Russian Federationand its subjects in the area of environmental management, protection and security. The attemptsto reveal the implementation of the provisions thereof show the necessity to improve economic and legalmechanism of applying, modernizing state, industrial and public control (supervision) of jurisdictionalactivity, ensure inevitability of legal prosecution for natural and legal persons liable for the abuse ofnatural resources and objects. It is controversial to state that all the current norms of the Russian FederationConstitution are duly and completely implemented. Hence, the article concludes that it is viableto concentrate on implementing the norms and their application to outline the problems and guidelinesfor the further development of the Russian environmental law system.