Статьи рубрики | Land and legal and environmental transport relations

Scientific specialty:

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

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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