Статьи рубрики | Land and legal and environmental transport relations

Scientific specialty:

12.00.06 “‘Land law; Natural resource law; Environmental law; Agricultural law”

Viktor Iv. Ivakin. Ecoterrorism, transport and legal protection of the natural environment

UDK: 656.13:628.5(076.5)

Viktor Iv. Ivakin - Candidate of Law, associate professor department ‘Administrative law, ecological law, information law’ of the Law Institute of the Russian University of Transport

Abstract. In the criminal legislation of many world countries there are norms that envisage sanctions for terrorism. However, there are no norms establishing liability as environmental terrorism. This phenomenon is a set of actions of radicals who are fighting for the idea of providing animals with appropriate rights, and also oppose the exploitation of fauna species. Moreover, these persons in such cases can use violence against citizens, and the designated norm is very necessary. The current paper has analyzed such a phenomenon as environmental terrorism using various types of transport. On the examples there have been considered its varieties, including ecocide and ecotage. Also, there have been made the relevant proposals aimed at the effectiveness of the functioning of legal norms in the area of regulation of public relations.

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Bulat Az. Bayramov, Mikhail V. Morgunov, Aleksandr V. Romanov. Ballast water: pollution eradication ways

UDK: 341.9:349.6

Bulat Az. Bayramov - student of the Law Institute of the Russian University of Transport

Mikhail V. Morgunov - student of the Law Institute of the Russian University of Transport

Aleksandr V. Romanov - student of the Law Institute of the Russian University of Transport

Abstract. Human economic and economic activity leads to the fact that under the effect of anthropogenic factors, the World oceans are intensively depleted in both the environmental and economic components. The mankind needs to solve the current problem of growing needs and limited resources. In the current study, we have considered possible ways to eradicate environmental pollution caused by ballast water discharge, as well as features of national legislation in the field of environmental law with an eye to foreign experience, to determine possible ways to reduce the negative impact on the world around us.

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Dmitriy Ig. Lychev. Legal protection of atmospheric air in the activities of the open joint-stock company ‘Russian Railways’

UDK: 349.6:656.13

Dmitriy Ig. Lychev - lecturer of the department 'Administrative Law, Ecological Law, Information Law' of the Law Institute of the Russian University of Transport

Abstract. In Russian legal science, little attention is paid to the issue of the relationship between environmental and transport law, but the Russian railways in the current situation are the “locomotive” for the legal protection of atmospheric air. Based on this, we see that it is the rail mode of transport in Russia that was the first to pursue a long-term environmental and legal policy. At the same time, rolling stock and stationary sources continue to emit pollutants in an amount with which further development is impossible. There is a problem of destruction of protective forest plantation. In this regard, in the modern legal system, it is necessary to clearly distinguish legal liability between Russian Railways and the state and municipal authorities in the framework of monitoring protective forest plantation and atmospheric air.

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Takhir S. Efendiev, Viktor Iv. Ivakin. Administrative liability for environmental offenses on transport

UDK: 342.9:656.13.502.3

Takhir S. Efendiev - Candidate of Law, docent, associate professor of the department 'Administrative Law, Ecological Law, Information Law' of the Law Institute of the Russian University of Transport

Viktor Iv. Ivakin - Candidate of Law, docent, associate professor of the department ‘Administrative Law, Ecological Law, Information Law’ of the Law Institute of the Russian University of Transport

Abstract. The current paper has considered the urgent issues of the application of administrative liability for environmental offenses. There have been identified the features distinguishing the named category from other varieties of legal liability, particularly from environmental and legal liability. Environmental and legal liability is an independent form of liability being applied also for transport offenses, which, together with others, forms such an institution of law as legal liability in the field of environmental protection. The researchers have made an attempt to classify varieties of administrative liability for environmental offenses. Some attention has been paid to the reasons for applying this form of liability, which are offenses in the field of environmental protection, connected with transport in one way or another. There has been proposed the systematization of such reasons and identified, for example, offenses in the field of forest relations, mining legislation, rules for water protection, rules for atmospheric air protection and others. Among the latter, there have been identified administrative environmental offenses committed in rail, air, river, sea, pipeline transport. Also, the current paper has considered administrative penalties that are imposed for offenses in this area of relations. They are a warning, an administrative fine, confiscation of the instrument or subject of an administrative offense, deprivation of a special right, administrative suspension of activity.

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Nikolay A. Dukhno. Environmental security and transport

UDK: 502.1(075.8):656

Nikolay A. Dukhno - Doctor of Law, professor, Director of Law Institute, Russian University of Transport (MIIT), honorary worker of higher education of the Russian Federation

Abstract. Based on the estimation of environmental security and transport, the paper deals with the person needs to meet opposing interests. On the one hand, people are constantly striving to meet constantly growing transportation needs, destroying and polluting the environment, creating environmental hazards. On the other hand, a person needs environmental safety, which is possible only in the favorable environment. The state of the environment in transport remains alarming, despite of the measures taken to reduce pollution of natural objects with transport products. The made efforts and the money invested in the environmental protective programs do not ensure environmental security in transport. In order to achieve environmental security, it is necessary to improve transport, introduce new technologies, eliminate harmful effects on the environment, compensate for environmental damage and educate high environmental and legal culture among transport workers.

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Olga Al. Khotko. Legal responsibility for non-compliance with environmental requirements in transport activities

UDK: 349.6

Olga Al. Khotko - Candidate of Law, docent, associate professor of the department of ecological and agricultural law, the Belarus State University

Abstract. Nowadays due to the states’ wish to participate in mutually beneficial projects as a part of initiatives to establish common development processes of the EAEU member countries to create a single market and favorable conditions for trade and investment, environmental safety issues of transport activities are of particular importance. Legal enforcement of environmental security in modern economic conditions is a priority task of the state environmental policy. Both internal (within one state) and global economic development trends directly affect the condition of environmental protection and the well-being of the population. Enforcement of environmental security includes a set of measures carried out systematically and constantly with appropriate legal regulation. Protection and preservation of favorable environment for further generations in transport activities depends on the legislatively established measures of economic incentives for environmental protection and measures of legal liability for violation of legal norms. The article has shown the problems of environmental security in transport activities, the relevance of the law enforcement of environmental security. Special attention has been paid on the objects of transport activity that are environmentally harmful. There have been noted the measures of legal responsibility of transport entities for violation of environmental legal requirements.

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Viktor V. Koryakin, Rufat Ak. Talybov. Legal problems of land acquisition to arrange checkpoints for vehicles across the State Border of the Russian Federation

UDK: 349.41:656

Viktor V. Koryakin - Doctor of Law, professor, head of the department of civil law, international private law and civil procedure, Law Institute of the Russian University of Transport

Rufat Ak. Talybov - lawyer, employee of the legal assistance center "Ekvitas"

Abstract. According to the Executive Order of the Government of the Russian Federation No. 159-p on February 5, 2016, the Federal State Government Institution “Directorate for the Construction and Operation of Russian Border Objects” (FSGI “Rosgranstroy”) was assigned to the Ministry of Transport of Russia. Prior to the entry into force of this executive order, FSGI “Rosgranstroy” was a subordinate organization of the Federal Agency for the Development of the State Border of the Russian Federation (RosGranitsa). One of the most important functions of this institution is preparation of documents for withdrawal and redemption, reservation of land for federal needs. The activities related to the withdrawal of land plots are necessary to increase and reconstruct existing checkpoints and to create new ones due to the constant traffic increase across the State Border of the Russian Federation. This circumstance makes the analysis of legal problems of land acquisition especially important. The article considers the problematic legal issues in the creation of new and arrangement of existing checkpoints across the State border of the Russian Federation. There has been made a conclusion about the incomplete legal regulation of the land acquisition procedure for these purposes. There has been analyzed judicial experience of the highest courts on such issues. There have been made some proposals to improve legal regulation of land exemption for governmental needs.

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