Administrative law, municipal law and environment issues
Reference:
Semenova I.V.
Features of the legal regulation of the use of aquatic biological resources by indigenous minorities
// NB: Administrative Law and Administration Practice.
2024. ¹ 4.
P. 1-13.
DOI: 10.7256/2306-9945.2024.4.71795 EDN: FNGFJB URL: https://en.nbpublish.com/library_read_article.php?id=71795
Abstract:
The article deals with the peculiarities of legal regulation of the use of aquatic biological resources by small indigenous minorities of the Russian Federation. The legal status of indigenous minorities is analyzed, and it is also noted why the indigenous minorities of the North, Siberia and the Far East of the Russian Federation have a special position in the field of traditional fishing. The author considers the problematics of the rights and obligations of the peoples of the North in relation to the extraction of aquatic biological resources. Special attention is paid to modern legislative gaps existing in this sphere. The main ways of solving the identified problems are defined and the effectiveness of existing legislative acts is evaluated. The author analyzed the draft law No. 309477-8, designed to amend the Federal Law “On Fishing and Conservation of Aquatic Biological Resources”. The main conclusions of the study are, formulated by the author proposals to improve the legislation, as well as the problems of legal regulation in this area discovered by him. The author proposed the introduction of the term “traditional fishing” into the Law on Fishing. In addition, the application procedure for obtaining quotas for traditional fishing was identified as one of the main problems of small indigenous minorities of the North in their fishing. The author identified the need to detail the draft law No. 309477-8 in terms of the implementation of the new mechanism in practice, especially with regard to fixing the volume of catch of aquatic biological resources and the gear used for their extraction. The study revealed the expediency of providing representatives of indigenous minorities of the North with preferential quotas for economic activities in order to develop entrepreneurial activity in their environment.
Keywords:
traditional natural resource use, aquatic resources, traditional fishing, legal regulation, fisheries, government regulation, aquatic biological resources, peoples of the North, indigenous, indigenous minorities
Theory and science of administrative and municipal law
Reference:
Ustyukova V.V.
Administrative responsibility for violations in the field of land reclamation
// NB: Administrative Law and Administration Practice.
2024. ¹ 4.
P. 14-28.
DOI: 10.7256/2306-9945.2024.4.71858 EDN: MRYNEV URL: https://en.nbpublish.com/library_read_article.php?id=71858
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Abstract:
The relevance of the article is due to the fact that it is devoted to a little-studied topic in the science of administrative law. Meanwhile, offenses in the field of land reclamation, considered in science as land offenses and offenses with "environmental characteristics", may pose a certain threat to ensuring food and environmental security in Russia, since they contradict the goal of ensuring rational use of land, primarily agricultural land. Effective detection and prevention of these offenses should contribute to increasing the responsibility of various entities engaged in activities in the field of land reclamation, which should contribute to the goals of ensuring environmental protection in the process of reclamation activities. The subject of the study is the norms of Articles 10.9 and 10.10 of the Code of Administrative Offences of the Russian Federation, the practice of their application by the courts, as well as legal literature on this topic. The purpose of the article is to discuss controversial issues in the doctrine of administrative law in relation to the relations under consideration, to characterize the composition of these offenses, to identify gaps and contradictions in judicial practice. The methodological basis of the research consists of general scientific methods of cognition (analysis, synthesis, etc.), and special methods (formal legal, comparative legal, etc.). It is noted that in the course of practical implementation of the norms of administrative responsibility for offenses in the field of land reclamation, there are shortcomings in the formulation of offenses. In particular, the low amounts of administrative fines provided for by the Administrative Code of the Russian Federation do not contribute to the prevention of the commission of these offenses. The Rosselkhoznadzor territorial authorities also do not always properly perform their duties in this area. The scientific novelty of the work consists in the conclusions formulated about an urgent need to eliminate shortcomings both in the formulation of the elements of offenses in the specified articles of the Administrative Code of the Russian Federation, including in the aspect of increasing the amount of fines for the relevant acts, and in the practice of applying the articles under consideration. Attention is also drawn to the need to improve the activities of the Rosselkhoznadzor territorial authorities.
Keywords:
administrative sanctions, agroforestry plantations, reclamation, reclamation project, reclamation systems, land reclamation, administrative offences, administrative responsibility, food safety, environmental safety