Review article
https://doi.org/10.17234/SocEkol.28.2.1
Constitutional Legal Regulation of Environmental Protection and Nature Management in the Post-Soviet Space: Issues of Legal Technique
Aleksey Anisimov
orcid.org/0000-0003-3988-2066
; Department of Civil Law and Procedure, Kalmyk State University, Ulitsa Pushkina 11, 358 000 Elista, Respublika Kalmykiya, Russian Federation
Anatoliy Ryzhenkov
Abstract
This paper deals with the issues of terminology and content of rules of the Constitution of the Russian Federation and the constitutions of several republics of the former USSR regulating relations in the field of nature management and environmental protection from the perspective of Hans Kelsen’s normativism methodology, namely the Pure Theory of Law. The authors substantiate their conclusion that the constitutional rules in the countries of the post-Soviet space have a number of defects consisting of duplications or inadequate reflections of the legal reality. This leads to the suggestion for the need to conduct a search for options of enshrining rules on environmental protection and use of natural resources corresponding to realia of the 21st century in the future Constitution of Russia, which will allow creating an appropriate system of guarantees for everyone’s rights to a favorable environment, the rights of citizens and legal entities to natural resources, as well as specifying their environmental and natural resources duties.
Keywords
Constitution; natural objects; natural resource; natural wealth; jurisdictional issues; terminology
Hrčak ID:
224403
URI
Publication date:
27.8.2019.
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