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This section considers the stages of formation and development of environmental law in Russia - from the pre-revolutionary period to the present day.
The features of legal regulation of natural resource use in different historical periods are discussed, starting with the first norms established in ancient Russian law and ending with modern environmental legislation.
Special attention is paid to the evolution of approaches - from fragmented regulation and a natural resource model to a comprehensive system for protecting the environment and the concept of sustainable development.
In scientific literature1, three historical stages of development of environmental law and legislation in Russia are identified: pre-revolutionary, Soviet, and modern. The Soviet period, due to the significant features of regulation of social relations arising in relation to the protection of the environment and use of natural resources, can be divided into two sub-stages: 1) from 1917 to 1960; 2) from 1960 to 1991.
In the "Ruskaia Pravda"2 — one of the oldest monuments of Russian law (XI–XII centuries) — direct environmental norms in the modern sense (such as protection of the environment, ecosystems, air and water) are not formulated, because at that time environmental law as a branch did not exist. However, there are individual norms that indirectly regulate human relations with nature, especially in terms of property, hunting and forest use.
"If someone steals grain from the granary or from a pit, then for each person who stole, 3 grivnas and 30 kuns are to be paid" (Article 43). The environmental aspect of this norm is the protection of grain stores (granary, pit) and places where grain is stored, and it testifies to the legal regulation of food resource protection — the basis of agriculture and rational use of land.
"If anyone steals cattle from a stable or enclosure, then if it is one animal, he shall pay 3 grivnas and 30 kuns; if there are many, then all of them shall pay 3 grivnas and 30 kuns each" (Article 41). "Regarding theft. If someone steals cattle from the field, or sheep, or goats, or pigs, then 60 kuns; if there are many thieves, then all of them shall pay 60 kuns each" (Article 42). The norms cited above protect domestic livestock as a crucial resource of agrarian economy. They contribute to preserving the number of animals and stimulate responsibility for their keeping and protection.
"If anyone sits on another's horse. If someone sits on another's horse without permission, then 3 grivnas" (Article 33). The limitation on the unauthorized use of objects from the animal world — regulation of load on animals and ensuring their proper usage.
"If someone cuts down a boundary or plowed field, or separates a courtyard boundary with a fence — 12 grivnas fine to the prince (Article 72). If someone cuts down an oak with ownership mark or boundary tree, then 12 grivnas fine to the prince" (Article 73).
"If someone destroys a property sign on the fence, then 12 grivnas" (article 71). "If someone cuts down a tree from the fence, then the prince is fined 3 grivnas, and for the tree — half a grivna" (article 75). "If someone steals a swarm of bees, then the prince is fined 3 grivnas; for honey — 10 or 5 kuns depending on the condition of the hive" (article 76). This is one of the oldest forms of protection of traditional land use and bees as a resource.
"If someone cuts the rope in a bird-catching net — the prince is fined 3 grivnas, and the owner receives one grivna kuns" (article 80). "Theft of hawk, falcon, pigeon, duck, goose, swan, crane — fine depending on the type of bird" (article 81). The above norms are aimed at protecting hunting gear and birds, which can be considered as an early example of regulation of hunting.
"If someone sets fire to a granary or yard — punishment: exile and confiscation of property, but first payment for the damage" (article 83). This measure is against illegal interference in the ecosystem and agricultural land (a granary is a barn or shed with a harvest).
"For hay and firewood - 9 kuns, and for each cartload - 2 nogats to the owner" (Article 82). Theft of hay or firewood was considered an offense against natural resources, critically important for life at that time.
"If intentionally kills a horse or livestock - a fine of 12 grivnas for the prince and compensation to the owner" (Article 84). Protection of domestic animals - as a source of food and labor.
Ecological norms in the "Russian Truth" are expressed indirectly, through:
The first international conference devoted to issues of international nature conservation was held in Bern in 1913. The conference was attended by delegates from Switzerland, Austria, Belgium, the United Kingdom, the Netherlands, Norway, Russia, the United States of America and France. Delegates from the Russian Empire were I.P. Borodin and G.A. Kozhevnikov. In his report, delegate from the Russian Empire G.A. Kozhevnikov noted that "In Russia there is no special law for nature conservation. The reason for this is that until recently Russia has had and still has such a large number of wild animals that the very idea of nature conservation was alien to both the people and the government"3.
Meanwhile, already in 1915–1916 under the leadership of academician I.P. Borodin, a pioneer of serious scientific nature conservation activities in Russia, the first (unimplemented) project of a Russian law on nature conservation was developed4.
At the same time, in the pre-revolutionary legislation, provisions were provided aimed at protecting certain natural objects. For example, in the "Russkaya Pravda" (1016), a fine was prescribed for destroying or damaging a beehive (a hollow tree trunk filled with honeycombs)5. In the Sobornoye Ulozheniye (1649), catching fish in someone else's pond, as well as hunting beavers and otters, was considered theft of another person's property, for which corporal punishment was prescribed6. In the Code of Criminal and Corrective Punishments (1845), a separate chapter ("fifth section") was provided, which was called "on violation of rules for protecting air purity and water safety."
Among the features of this stage in the development of environmental law and legislation in Russia, it is possible to note: the absence of a comprehensive approach to regulating social relations in the field of ecology7; fragmentary legal regulation, equating the subject of protection with the object of property (private or state), absence of special acts and management structures, overlapping of functions8; gradual introduction of regulatory norms – on the catching of only large herring, prohibition of forest destruction along rivers suitable for timber floating, prohibition and regulation of hunting, sanitary protection of populated areas9.
The mentioned period of development of environmental law and legislation can to some extent be characterized by the words of I.V. Michurin: "We cannot wait for favors from nature; taking them from it is our task"10. During this period, the natural resource approach was predominantly applied in regulating environmental relations11, and the first codified laws were adopted.
As examples of laws from this period containing norms of environmental law, one can cite: Decree "On Land" (1917), Decree "On Forests" (1918), Decree "On Sanitary Protection of Dwellings" (1919), Decree "On Subsoil" (1920), Decree "On Hunting" (1920), Decree "On the Protection of Natural Monuments, Gardens and Parks" (1921), Land Code of the RSFSR (1922), Forest Code of the RSFSR (1923).
According to S.A. Bogolyubov, from 1960 one can start counting the full legislative regulation of environmental relations12. This is associated with the adoption of the first nature protection law in the RSFSR (Law of the RSFSR dated 27.10.1960 "On the Protection of Nature in the RSFSR"). Alongside this Law, one can also note the Land Code of the RSFSR (1970); Water Code of the RSFSR (1972); Resolution of the Central Committee of the CPSU, Council of Ministers of the USSR dated 29.12.1972 No. 898 "On Strengthening Nature Protection and Improving the Use of Natural Resources"; Mineral Code of the RSFSR (1976); Resolution of the Central Committee of the CPSU, Council of Ministers of the USSR dated 01.12.1978 No. 984 "On Additional Measures for Strengthening Nature Protection and Improving the Use of Natural Resources"; Forest Code of the RSFSR (1978); Law of the RSFSR dated 14.07.1982 "On the Protection of Atmospheric Air"; Law of the RSFSR dated 14.07.1982 "On the Protection and Use of Wildlife"; Resolution of the Central Committee of the CPSU, Council of Ministers of the USSR dated 07.01.1988 No. 32 "On Fundamental Restructuring of Nature Protection in the Country"; Land Code of the RSFSR (1991).
According to O.L. Dubovik, during the Soviet period in our country, as throughout the world, the legislator's attitude towards environmental protection gradually changed from a natural resource-based approach to an environmentally protective, ecological approach in legislation13. Among the characteristics of this stage in the development of environmental law and Russian legislation is the transition from a natural resource-based to an environmentally protective approach in regulating ecological relations14, as well as the updating of natural resource legislation.
Among the features of the modern stage in the development of environmental law and legislation, one can note the transition to the concept of sustainable development, the updating of environmental protection and natural resource legislation, as well as the adoption of numerous special environmental protection and natural resource laws.
Law of the RSFSR dated 19.12.1991 No. 2060-1 "On Protection of the Natural Environment"; Law of the Russian Federation "On Subsoil" dated 21.02.1992 No. 2395-115; Foundations of the Forestry Legislation of the Russian Federation (approved Supreme Court of the Russian Federation, March 6, 1993, No. 4613-1)16; Federal Law of April 24, 1995, No. 52-FZ "On Wildlife"17; Water Code of the Russian Federation dated November 16, 1995, No. 167-FZ18; Federal Law of March 14, 1995, No. 33-FZ "On Protected Natural Areas"19; Federal Law of November 30, 1995, No. 187-FZ "On the Continental Shelf of the Russian Federation"20; Federal Law of November 23, 1995, No. 174-FZ "On Environmental Impact Assessment"21; Forest Code of the Russian Federation dated January 29, 1997, No. 22-FZ22; Federal Law of May 4, 1999, No. 96-FZ "On the Protection of Atmospheric Air"23; Federal Law of March 30, 1999, No. 52-FZ "On Sanitary and Epidemiological Well-being of the Population"24; Federal Law of May 7, 2001, No. 49-FZ "On Territories "traditional use of natural resources by the indigenous small-numbered peoples of the North, Siberia, and the Far East of the Russian Federation"25; Land Code of the Russian Federation dated 25.10.2001 No. 136-FZ (hereinafter – Land Code of the RF)26; Federal Law dated 10.01.2002 No. 7-FZ "On Environmental Protection"27; Federal Law dated 20.12.2004 No. 166-FZ "On Fishing and Conservation of Aquatic Biological Resources"28; Water Code of the Russian Federation dated 03.06.2006 No. 74-FZ (hereinafter – Water Code of the RF)29; Forest Code of the Russian Federation dated 04.12.2006 No. 200-FZ (hereinafter – Forest Code of the RF)30.
17.
2010. Kichigin N.V., Ponomarev M.V., Khludeyeva N.I. Ecological law: lecture notes. Moscow, 2009.
1462.
1995. No. 47. Art. 4471. Deemed to have lost its force as of January 1, 2007 by paragraph 1 of article 3 of the Federal Law dated June 3, 2006 No. 73-FZ "On Introduction into Force of the Water Code of the Russian Federation" // RSZ RF. 2006. No. 23. Art. 2380.
1995. No. 12. Art. 1024.
1995. No. 49. Art. 4694.
1995. No. 48. Art. 4556.
5279.
1972.
See, Brinchuk M.M. Environmental Law: textbook. Moscow, 2010. P. 64. Vinokurov A.Yu. Environmental Law: lecture notes. Moscow, 2008. P. 54. Gulyav Y.A. Formation and development of environmental legislation of Russia: abstract of dissertation ... candidate of legal sciences. Moscow, 2011. P. 9. Dubovik O.L. Environmental Law: textbook. Moscow, 2010. P. 135. Kichigin N.V., Ponomarev M.V., Khludeyeva N.I. Environmental Law: lecture notes. Moscow, 2009. P. ↩
Biblioteka literatury drevney Rusi (Tom 4) [Electronic resource]. URL: https://azbyka.ru/otechnik/Istorija_Tserkvi/biblioteka-literatury-drevnej-rusi-tom-4/14. ↩
World Conservation Union. Report by Academician I.P. Borodin on a mission to Bern for the conference on international nature conservation: speeches and reports delivered at the conference on international nature conservation in Bern in November 1913 by delegates from Switzerland, Austria, Belgium, the United Kingdom, the Netherlands, Norway, Russia, the United States of America and France / IRGO; translated from French by E. Eremina, edited by V.A. Dubiansky. – Petrograd: M.M. Stasyulevich Typographical Office, 1915. Speech by delegate from Russia G.A. Kozhevnikov. // Library of the Russian Geographical Society. [Electronic resource]. URL: https://elib.rgo.ru/handle/123456789/230869 (access date: 02.01.2024). P. 98. ↩
Brinchuk M.M. Environmental Law: textbook. Moscow, 2010. P. 67–68. ↩
Vinokurov A.Yu. Environmental Law: lecture notes. Moscow, 2008. P. 55. ↩
Vinokurov A.Yu. Environmental Law: lecture notes. Moscow, 2008. P. 55. ↩
Vinkurov A. Yu. Ecological law: lecture notes. Moscow, 2008. P. 55. ↩
Dubovik O. L. Ecological law: textbook. Moscow, 2010. P. 135. ↩
Gulyav Y. A. Formation and development of ecological legislation in Russia: abstract of dissertation ... candidate of legal sciences. Moscow, 2011. P. 14–15. ↩
Mishurin I. V. Results of sixty years of work. Moscow, 1949. ↩
Brinchuk M.M. Ecological law: textbook. Moscow, 2010. Vinkurov A.Yu. Ecological law: lecture notes. Moscow, 2008. Gulyav Y.A. Formation and development of ecological legislation in Russia: abstract of dissertation ... candidate of legal sciences. Moscow, 2011. Dubovik O.L. Ecological law: textbook. Moscow, ↩
Bogolyubov S. A. Lawmaking in the field of ecology. Moscow, 2010. P. 29. ↩
Dubovik O. L. Environmental Law: textbook. Moscow, 2010. P. 135. ↩
See, for example, Environmental Law / Ed. by S.A. Bogolyubov. Moscow, 2010. Brinchuk M.M. Environmental Law: textbook. Moscow, 2010. P. 68. Dubovik O.L. Environmental Law: textbook. Moscow, 2010. P. 135. ↩
Law of the Russian Federation "On Natural Resources" dated 21.02.1992 No. 2395-1 // RSZ RF. 1995. No. 10. Art. 823. ↩
Foundations of forest legislation of the Russian Federation (deemed to have lost their force by article 138 of the Forest Code of the Russian Federation dated 29.01.1997 No. 22-FZ // RSZ RF. 1997. No. 5. Art. 610. ↩
Federal law dated 24.04.1995 No. 52-FZ "On Wildlife" // RSZ RF. 1995. No. 17. Art. ↩
Water Code of the Russian Federation dated November 16, 1995 No. 167-FZ // RSZ RF. ↩
Federal Law dated March 14, 1995 No. 33-FZ "On specially protected natural territories" // RSZ RF. ↩
Federal Law dated November 30, 1995 No. 187-FZ "On the Continental Shelf of the Russian Federation" // RSZ RF. ↩
Federal Law dated November 23, 1995 No. 174-FZ "On Environmental Impact Assessment" // RSZ RF. ↩
Forest Code of the Russian Federation dated January 29, 1997 No. 22-FZ // RSZ. 1997. No. 5. Art. 610. Deemed to have lost its force as of January 1, 2009 by paragraph 3 of article 12 of the Federal Law dated December 4, 2006 No. 201-FZ "On the introduction into force of the Forest Code of the Russian Federation" // RSZ. 2006. No. 50. Art. ↩
Federal Law dated May 4, 1999 No. 96-FZ "On the Protection of Atmospheric Air" // RSZ. 1999. No. 18. Art. 2222. ↩
Federal Law dated March 30, 1999 No. 52-FZ "On Sanitary and Epidemiological Well-being of the Population" // RSZ. 1999. No. 14. Art. 1650. ↩
Federal Law dated May 7, 2001 No. 49-FZ "On the Territories of Traditional Natural Resource Use of Indigenous Small-numbered Peoples of the North, Siberia and the Far East of the Russian Federation" // RSZ. 2001. No. 20. Art. ↩
Land Code of the Russian Federation // RSZ. 2001. No. 44. Art. 4147. ↩
Federal Law of January 10, 2002 No. 7-FZ "On Environmental Protection" // RSZ RF. 2002. No. 2. Art. 133. ↩
Federal Law of December 20, 2004 No. 166-FZ "On Fishing and Conservation of Aquatic Biological Resources" // RSZ RF. 2004. No. 52. Art. 5270. ↩
Water Code of the Russian Federation // RSZ RF. 2006. No. 23. Art. 2381. ↩
Forest Code of the Russian Federation // RSZ RF. 2006. No. 50. Art. 5278. ↩
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