Abstract: The object of studies in this article includes payment for the negative influence on the environment in part of emplacement of industrial and consumption waste. Topicality of the issue is proven by the vast judicial practice, which is quite contradictory, and legislative imperfections in this sphere. The topicality mainly has to do with defining the subject, who is obliged to pay for the negative influence on the environment. Currently, there are two leading positions: either the producer of waste should pay, or a specialized organization arranging its emplacement. The article analyzes several approaches towards defining the subjects obligated to make payments: from the standpoint of the principles of environmental legislation and its spirit, and from the point of view of the transfer of the proprietary right to waste. Based upon these approaches the author offers to amend the Federal Law “On Industrial and Consumption Waste”, providing for the reference to the owner of waste as the party, who has to make the payment, and the amendments should be made into the Federal Law “On Environmental Protection”, referring to payment for production and not the emplacement of waste.

Keywords: waste, emplacement of waste, negative influence, ecology, payment, environment, judicial practice, environmental law, nature management, pollutant

Abstract: Transportation of gas is mostly arranged via the pipeline transportation. In the situation of limited carrying capacity of gas transportation system the issue of non-discriminatory access of independent organizations becomes especially topical. The article includes analysis of the legal regulation of non-discriminatory access to gas transportation system belonging to the OAO “Gazprom” and the local gas distribution systems. Transportation of gas via pipelines is based on natural monopoly. However, unlike with transportation of oil (natural monopoly is recognized only for the transportation of oil via the long-distance pipelines) the natural monopoly for gas transportation applies to any types of pipelines. Access of independent organizations to the gas transportation system is based upon contracts and is available only upon the presence of free capacity in the gas transportation system from the place of connection to the place of gas drawing throughout the period of gas delivery required by the supplier. If the available free capacity is not sufficient for the transportation of the entire amount the legislation establishes the order for satisfying claims for transportation. Priority is provided to the suppliers of gas for utilities and consumer needs. The refusal to provide access may be challenged in the Federal Anti-Monopoly Service (FAS) of Russia. Judicial practice includes cases when the owners of gas transportation systems challenge the decisions of the FAS on violations of anti-monopoly law. S tarting from 2007 the FAS of Russia took a number of unsuccessful attempts to lobby a new Resolution of the Government according to which the OAO “Gazprom” and its affiliated entities should have access to pipelines on equal terms with the independent gas producers. The FAS has developed a draft Resolution of the Government of the Russian Federation “ On the Guarantees of Non-Discriminatory Access to Gas Distribution Systems in the Russian Federation” instead of the current provisions on access dating back to 1998.

Keywords: transportation of gas, non-discriminatory access, the United Gas Supply System; gas distribution networks, natural monopolies, independent gas producers, gas transportation system, the FAS of Russia, OAO “Gazprom”, free capacity.

Abstract: This article is devoted to the detailed study of legal liability in cases of violations of the norms on mining laws. The article provides for the need for the more detailed and elaborate regulation of the system of legal liability in the sphere of use of subsoil resources. This is due to the fact that the subsoil is a key element to the natural resources system of the humanity, being the source of necessary minerals and raw materials. The analysis includes an attempt to single out conceptual specificities in the sphere of use of subsoil resources. The author studies the issues of administrative, criminal and civil law responsibility, material and disciplinary responsibility. In the process of his analysis the author touches upon the practical problem in this sphere. He provides the fundamentals for the fact that the system of punishments existing in the mining industry fails to guarantee necessary preventive and preclusive measures in order to prevent and lower the number of crimes and other offences in this sphere. The article also provides the bases for the responsibility for the violations of legislation on subsoil resources as an element of environmental legal responsibility, and he offers to introduce some changes into the legislation on responsibility in the sphere of use of subsoil resources.

Keywords: legislation on subsoil resources, rational use of subsoil resources, specific features of responsibility, environmental legal responsibility, protection of subsoil resources, the Mining Code, criminal responsibility, administrative responsibility, civil material responsibility, disciplinary responsibility.

Abstract: This article contains analysis of state administration in the sphere of protection and preservation of forests. The author analyzes several theoretical approaches to the definition of state administration of natural recourses as a legal Institution and as an organizing activity of state bodies. The author formulates the definition of state administration in the sphere of protection and preservation of forests as enforcement activity of state government bodies on protection and preservation of forests, which is based upon the forest legislation. The article includes classification of powers of state government bodies of the Russian Federation in the sphere of forest relations into normative, legal, financial and administrative regulation of forest relations. The forest regulation powers are partially transferred to the state government bodies of the constituent subjects of the Russian Federation. Out of three «control levers» the regional governments gain most of administrative control. The author characterizes three key government bodies currently implementing protection and preservation of forests in the Russian Federation: the Federal Forestry Agency, the Ministry of Natural Resources of the Russian Federation, Federal Service for Supervision of Natural Resource Usage.

Keywords: jurisprudence, environmental law, forest law, state administration, protection, preservation, the Federal Forestry Agency, the Ministry of Natural Resources of the Russian Federation, Federal Service for Supervision of Natural Resource Usage, powers.

Abstract: This article includes analysis of legal regulation of protection and conservation of forests. The Forest Code of the Russian Federation provides for the general principles of the forest legislation in the sphere of protection and regeneration of forests, which is one of the key spheres of state activities in the sphere of conservation of forest. Protection and conservation of forests form a separate institution of forest law; however the lack of definition apparatus has negative influence upon the law-enforcement practice. There is no definition of «protection of forests», «conservation of forests», «regeneration of forests», their correlation is not clear. The article contains results of the studies of theoretical positions on protection of forests, the author studies positions on definition of protection and conservation of forests from the narrowest to the broadest interpretation. The author also provides detailed analysis of various activities on protection of forests, such as protection of forests from fire, diseases, regeneration of forests. Finally, the author formulates the definition for the protection of forests, which should be understood as conservation of forests by their preservation from fires, diseases, regeneration of forests and application of legal responsibility.

Keywords: jurisprudence, forest law, environmental law, protection, conservation, regeneration, legislation, fires, pollution, responsibility.

Abstract: The global environmental crisis, which is related to the rapid growth of humanity in XX century, scientific and technical progress, the unprecedented anthropogenic influence on the biosphere, has caused a great number of problems, which has put the humanity at the brink of survival. But the further development of humanity is impossible without due understanding by all people of the dangers of the existing environmental situation and the changes in their activities. It is generally recognized that the sources and perspectives of resolving the environmental problems are related not only to social and economic structure of the society, but also to such qualities of people, as understanding self-evaluation of nature, the measures of biosphere matters, responsibility to the future generations. The article is devoted to the training of environmental auditors, who are specialists on environmental protection. In Russia the market for the environmental audit is being formed without the due legal regulation and the system for the training and certification of environmental auditors.

Keywords: jurisprudence, nature, environmental protection, sustainable development, environment, environmental audit, ecologist, auditor, supervision, certification.

Abstract: The article contains a complex study of doctrinal documents in the nature management legislation of the Russian Federation, such as strategies, concepts, doctrines, which establish the key directions for the legislation development in the sphere of management and protection of specific natural resources for the long term and medium range term perspectives, as well as the other strategic documents in the sphere of guarantees of national environmental security, such as the Concepts for the National Security of the Russian Federation, the Environmental Doctrine of the Russian Federation, The Concept of the Sustainable Development Transfer of the Russian Federation, the Bases of the Governmental Policy in the Sphere of Environmental Development of the Russian Federation for the period till 2030, etc., based in which the Concept of Formation of Nature Management Legislation Concept is formed with the due consideration of theoretical and empirical studies of legal norms on rational nature management. The practical value of the studies is due to the fact that the results, conclusions and recommendations may be used in law-making in the sphere of national security guarantees. The methodological basis for the studies includes normative — legal and institutional — functional analysis. Additionally, dialect, logical, prognostic, systemic, content analysis are used, as well as statistical, technicallegal and comparative legal methods. The character of the object of the studies presupposes the systemic and structural approach to the problem of the Concept for the formation of natural resources legislation at the time of transition. The result of the studies is the Draft of the Concept for the Formation of Nature Management Legislation, which includes the theoretical basis for the system of the nature management legislation, as well as levels and priority of legislative decisions in this sphere, united terminology and definition system for the legislative acts in this sphere, as well as the list of legislative act, which have to be passed in order to implement the Concept based on the packet principle.

Keywords: jurisprudence, politics, strategy, nature management, security, environmental protection, doctrine, concept, resources consumption, resource-saving.