Zhavoronkova, N.G., Agafonov, V.B. Theoretical problems of formation of the natural resources law

Abstract: The article contains a complex study of the key doctrinal strategic documents in the sphere of natural resources law and legislation in the sphere of guarantees of national and environmental security. Based on these sources, taking into account the theoretical and empirical analysis of legal norms, which establish the guidelines for the rational use of natural resources, one may single out the key directions of the state policy in the sphere of legal guarantees for the rational use of natural resources and improvement of the natural resources law within the framework of guarantees of national security of Russia. It also allows to form the proposals for the improvement of modern natural resources legislation and the mechanism of state government in this sphere of social relations. The object of the study includes doctrinal documents of natural resources law of the Russian Federation (strategies, concepts, doctrines, which establish the key vectors for the development of legislation in the sphere of use and protection of natural resources in the long-term and medium-range perspective), as well as other strategic documents in the sphere of national and environmental security (The Concept of National Security of the Russian Federation, the Environmental Doctrine of the Russian Federation, The Concept of the Transition of the Russian Federation to Sustainable Development, The Bases for the State Policy in the Sphere of Environmental Development of the Russian Federation for the period till 2030, etc.). The theoretical value of the study is due to the fact that its conclusions and concepts may be used in theoretical and practical work in order to improve the federal legislation in the sphere of nature management and protection of specific components of environment, as well as in educational process in the sphere of natural resources law in the leading institutions for higher legal education in Russia. The methodological basis for the study includes the normative legal method and institutional functional analysis. The result of the studies is a draft for the Concept of State Policy and Strategy in the Sphere of Legal Guarantees for the Rational Nature Management and Improvement of Natural Resources Law within the framework of guarantees of national security of Russia, which includes the goals, principles, directions and mechanisms for the coordination of the activities by the implementing subjects.

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