EAEU ENVIRONMENTAL LEGISLATION: DECLARATION OF PRINCIPLES IN UNION LAW AND PROBLEMS OF DE-ECOLOGIZATION AT THE NATIONAL LEVEL

Eleonora Navasardova; Roman Nutrikhin; Kira Svidlova; Andrey Zaharin; Dmitriy Burkin

doi:10.26668/revistajur.2316-753X.v3i75.5361

EAEU ENVIRONMENTAL LEGISLATION: DECLARATION OF PRINCIPLES IN UNION LAW AND PROBLEMS OF DE-ECOLOGIZATION AT THE NATIONAL LEVEL

Eleonora Navasardova, Roman Nutrikhin, Kira Svidlova, Andrey Zaharin, Dmitriy Burkin

Resumo

Abstract. The article analyzes the legal norms of Russia and Kazakhstan – the member states of the Eurasian Economic Union (EAEU). The legislation of these two EAEU countries on environmental protection and rational use of natural resources was considered within the framework of a risk-oriented approach. Special emphasis is placed on the legislation concerning specially protected natural areas, resorts and other unique natural objects and complexes. Alongside the existing national law, the article examines the practice of its application, as well as the current and potential legislative activities in the future. The article examines the current legal norms that contribute to the emergence of corruption, and practical recommendations are developed to overcome this negative trend. The authors state that there are attempts by certain financial and economic groups to lobby their commercial interests in the field of lawmaking, which, at the present stage, leads to the de-ecologization of the national legislation in the EAEU countries. This trend is illustrated by an example of the latest changes in the legislation concerning specially protected natural areas in Russia and Kazakhstan, as well as the active attempts to change legislation towards the liberalization of the protection regime. Similar trends of de-ecologization of eco-environmental and natural resource legal norms are being identified in two EAEU countries. The conclusion was drawn that the flaws in environmental policy in the post-Soviet countries entail insufficiency and inconsistency of the newly adopted norms. The authors identify these deficiencies and indicate their possible negative consequences for law enforcement. Options for solving existing and potentially possible problems in the EAEU countries are proposed, with a concurrent consideration of the possibility of receiving such solutions by other states at the stage of their economic integration within the Union.

Palavras-chave

Environmental protection; Legislation; Specially protected natural areas; Eurasian Economic Union; EAEU

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DOI: http://dx.doi.org/10.26668/revistajur.2316-753X.v3i75.5361