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THE SIGNIFICANCE AND INFLUENCE OF CONSTITUTIONAL VALUES ON THE REGULATION OF ENVIRONMENT PROTECTION IN THE RUSSIAN ARCTIC ZONE
Abstract
Current stage of development of Russia as a rule-of-law and social state needs new approaches, including legal, on the exploitation and protection of new spaces and resources. The main goal of this article is to analyze the current condition of the legal regulation of the status of Russian Arctic zone from the point of view of environment protection and protection of bioresources, and perspectives of its development and effectiveness. The first part of the article is devoted to the constitutional values which serve as the grounds of the legal regulation of the sphere of environment protection and the explanation of its Arctic zone in the economic development. Special attention is given to the legal positions of the Constitutional Court of the Russian Federation. In the second part the normative acts, including so-called state programs, on the directions of activity of Russian state in Arctic taking into account the constitutional public authority responsibility to support comfort condition of environment are described. Also the conclusions on effectiveness of legal regulation, its opportunities to take into account the principle of proportionality and its perspectives are made. In order to complete the mandated tasks the authors used comparative method for the analysis of the current two-level legislation, analytical method had been used to build logic and formal links between legal notions and constructions. Also the description, classification and systematization of legal provisions in this sphere were made by formal logic method. The methods of synthesis and legal modelling were implemented for construction the model of solving the identified problems. The result of usage of these methods is the conclusions on effectiveness of legal regulation and proposals on development of the legislation and its perspectives.
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References7
Matveev A.S., From the Paradigm of Conquest to the Paradigm of Settlement of Arctic, in Modern Condition and Ways of Development of Minor Indigenous Peoples of Far North, Siberia and Far East, Council of Federation Edition, Russia, 2013, pp. 25-34.
Grounds of State Policy of Russian Federation in Arctic for the Period of Year 2020 and Further Perspective adopted by the President of the Russian Federation on 18th of September, 2008. NPr-1969.
Judgement of the Constitutional Court of the Russian Federation on 23rd of April 2004 N8-P.
Judgement of the Constitutional Court of the Russian Federation on 5th of March 2013 N5-P.
Judgement of the Constitutional Court of the Russian Federation on 2nd of June 2015 N12-P.
State program “Socio-economic development of the Arctic Zone of the Russian Federation until year 2020” adopted by the Decision of Government of the Russian Federation N366 on 21st of April 2014.
Strategy of Development of the Arctic Zone of the Russian Federation and Provision of National Security until year 2020 adopted by the President of the Russian Federation on 8th of February 2013.
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