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

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

Авторы: Молчаков Никита Юрьевич
Molchakov N.Yu. The Constitutional Dimension of the Environmental Security of the Russian Federation: Problems and Perspectives / N.Yu.Molchakov // Artificial Intelligence: Anthropogenic Nature vs. Social Origin / ed. by E.G.Popkova and B.S.Sergi. — Cham:Springer International Publishing, 2020. —  P. 732-738.

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.

Ключевые слова: environmental security, environmental protection, environmental human rights, constitutional bases of environmental security, environmental legislation.
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