History of Legal Regulation of Ecological Relations

General Provisions

This section examines the stages of formation and development of environmental law in Russia – from the pre-revolutionary period to the present day.

The characteristics of legal regulation of nature use in different historical epochs are discussed, starting with the first norms enshrined 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 of environmental protection and the concept of sustainable development.

Stages of Development of Environmental Law

In scientific literature¹, three historical stages of development of environmental law and legislation of Russia are distinguished: pre-revolutionary, Soviet, and modern. The Soviet period, due to significant features of regulation of social relations arising in the context of 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.

Pre-revolutionary Period

Russkaya Pravda

In the «Russkaya Pravda»[2] — one of the oldest monuments of Russian law (XI–XII centuries) — direct ecological norms in the modern understanding (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 forestry.

Protection of Harvest Storage

«If someone steals grain from a threshing floor or from a pit, then for each unit stolen, 3 grivnas and 30 kuns shall be paid» (Article 43). The ecological aspect of this provision lies in the protection of harvest storage facilities (threshing floor, pit) and grain storage locations, and testifies to the legal regulation of food resource protection — a foundation of agriculture and rational land use.

Protection of wildlife objects

“If someone steals livestock in a barn or enclosure, then if it is one animal, he shall pay 3 grivnas and 30 kun; if there are many, then all of them shall pay 3 grivnas and 30 kun” (Article 41). “As for theft. If someone steals livestock in the field, or sheep, or goats, or pigs, then 60 kun; if there are many thieves, then all of them shall pay 60 kun” (Article 42). The cited norms protect livestock as a key resource of the agrarian economy. They contribute to preserving livestock numbers and stimulate responsibility for their keeping and protection.

«If anyone sits on another person's horse. If anyone sits on another person's horse without permission, then 3 grivnas» (Article 33). Limitation on the unauthorized use of objects from the animal world — regulation of load on animals and ensuring their proper use.

Protection of forests

«If someone cuts down a border or plowed field boundary, or divides a courtyard boundary with a fence — 12 grivnas fine to the prince (Article 72). If someone cuts down an oak tree marked with ownership or boundary signs, then 12 grivnas fine to the prince» (Article 73).

Protection of fences and beekeeping

«If someone destroys a property sign on the forest boundary, then 12 grivnas» (article 71). «If someone cuts down a tree in the forest, 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 kun 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.

Protection of Hunting Gear and Birds

“If someone cuts the rope in a bird-catching net — 3 hryvnias fine to the prince, and 1 hryvnia to the owner” (Article 80). “Theft of a hawk, falcon, pigeon, duck, goose, swan, crane — fine depending on the type of bird” (Article 81). The cited provisions are aimed at protecting bird-catching equipment and birds, which can be considered an early example of regulation of hunting.

Arson

“If anyone sets fire to a barn or yard — punishment: exile and confiscation of property, but first payment for damages” (article 83). This measure is aimed at preventing unlawful interference with the ecosystem and agricultural lands (a barn — is a granary or shed containing a harvest).

Theft of Natural Resources

“For hay and firewood — 9 kun, and for each load — 2 nogaty to the owner” (article 82). Theft of hay or firewood constitutes an attack on natural reserves that were critically important for survival at that time.

«If intentionally kills a horse or livestock — 12 grivens fine to the prince and compensation to the owner» (article 84). Protection of domestic animals — as a source of food and labor force.

Environmental 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 North American United States, and France. Delegates from the Russian Empire were I.P. Borodin and G.A. Kozhevnikov. In his report, the delegate from the Russian Empire, G.A. Kozhevnikov, noted that «There is no specific law in Russia for nature conservation. The reason for this is that until recently Russia has had and still has such a number of wild animals that the very idea of nature conservation»

was alien both to the people and to the government»². At that time, already in 1915–1916 under the leadership of academician I.P. Borodin, a pioneer of serious scientific environmental protection activities in Russia, the first (unimplemented) project of the Russian law on nature conservation[^4] was developed.

At the same time, the pre-revolutionary legislation included provisions aimed at protecting certain natural objects. For example, in the «Russkaya Pravda» (1016), a fine was prescribed for the destruction or damage of bee hives (tree hollows filled with honeycombs)[^5]. In the Sobornoye Code (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 prescribed[^6]. In the Code on Criminal and Corrective Punishments (1845), a separate chapter («Fifth Section») was provided, titled «on violation of rules»

Among the features of this stage in the development of environmental law and legislation of Russia can be noted: absence of a comprehensive approach to regulating social relations in the field of ecology[^7]; fragmented legal regulation, equating the subject of protection with the object of ownership (private or state), absence of special acts and management structures, merging of functions[^8]; gradual introduction of regulatory norms – on catching only large herring, a ban on destroying forests along rivers convenient for timber floating, a ban and regulation of hunting, sanitary protection

populated places[^9]. ### Soviet Period (1917–1960)

The aforementioned 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 mercy from nature; taking it from her is our task»[^10]. During this period, a natural resource approach was primarily applied to regulate environmental relations[^11], 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 Housing" (1919), Decree "On Subsoil" (1920), Decree "On Hunting" (1920), Decree "On Protection of Natural Monuments, Gardens and Parks" (1921), Land Code of the RSFSR (1922), Forest Code of the RSFSR (1923).

Soviet Period (1960–1991)

According to S.A. Bogolyubov, from 1960 one can start counting comprehensive legislative regulation of environmental relations[^12]. This is associated with the adoption of the first nature protection law in the RSFSR (Law of the RSFSR dated October 27, 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 and the Council of Ministers of the USSR dated December 29, 1972 No. 898 "On Strengthening Nature Protection and Improving Use of Natural Resources"; Code of the RSFSR on Subsoil (1976); Resolution of the Central Committee of the CPSU and the Council of Ministers of the USSR dated December 1, 1978 No. 984 "On Additional Measures for Strengthening Nature Protection and Improving using natural resources"; Forest Code of the RSFSR (1978); Law of the RSFSR dated July 14, 1982 "On Protection of Atmospheric Air"; Law of the RSFSR dated July 14, 1982 "On Protection and Use of Wildlife"; Decree of the CPSU Central Committee and Council of Ministers of the USSR dated January 7, 1988 No. 32 "On Fundamental Restructuring of Environmental 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 shifted from a natural resource-based approach to an environmental protection, ecological approach in legislative activity[^13]. Among the features of this stage in the development of environmental law and Russian legislation is noted transition from a natural resource-based to an environmental protection approach in regulating ecological relations[^14], as well as updating of natural resource legislation.

Modern Period (1991 – Present)

Among the features of the modern stage of development of environmental law and legislation, one can note the transition to the concept of sustainable development, updating environmental protection and natural resources legislation, as well as adoption of numerous special environmental protection and natural resources laws.

Law of the RSFSR dated December 19, 1991 No. 2060-1 «On Environmental Protection»; Law of the Russian Federation «On Subsoil» dated February 21, 1992 No. 2395-1[^15]; Foundations of Forest Legislation of the Russian Federation (approved by the Supreme Court of the Russian Federation on March 6, 1993 No. 4613-1)[^16]; Federal Law dated April 24, 1995 No. 52-FZ «On Wildlife»[^17]; Water Code of the Russian Federation dated November 16, 1995 No. 167-FZ[^18]; Federal Law dated March 14, 1995 No. 33-FZ «On Protected Natural Areas»[^19]; Federal Law dated 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 of January 29, 1997 No. 22-FZ[^22]; Federal Law of May 4, 1999 No. 96-FZ «On 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 of Traditional Natural Resource Use of Indigenous Small-numbered Peoples of the North, Siberia and Far East of the Russian Federation»[^25]; Land Code Federal Law of the Russian Federation dated 25.10.2001 No. 136-FZ (hereinafter – ZK 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 the Conservation of Aquatic Biological Resources»[^28]; Water Code of the Russian Federation dated 03.06.2006 No. 74-FZ (hereinafter – VK RF)[^29]; Forest Code of the Russian Federation dated 04.12.2006 No. 200-FZ (hereinafter – LK RF)[^30].

(02.01.2024). p. 98. [^4]:  Brinchuk M.M. Environmental Law: textbook. Moscow, 2010. Pp. 67 - 68. [^5]: Vinokurov A.Yu. Environmental Law: lecture notes. Moscow, 2008. Pp. 55. [^6]: Vinokurov A.Yu. Environmental Law: lecture notes. Moscow, 2008. Pp. 55. [^7]: Vinokurov A.Yu. Environmental Law: lecture notes. Moscow, 2008. Pp. 55. [^8]: Dubovik O.L. Environmental Law: textbook. Moscow, 2010. Pp. 135. [^9]: Gulav Ya.A. Formation and Development of Environmental Legislation in Russia: Abstract of a Dissertation ... Candidate of Juridical Sciences. Moscow, 2011. Pp. 14-15. [^10]: Michurin I.V. Results of Sixty Years of Work. Moscow, 1949. [^11]: Brinchuk M.M. Environmental Law: Textbook. Moscow, 2010. Vinokurov A.Yu. Environmental Law: Lecture Notes. Moscow, 2008. Gulyav Y.A. Formation and Development of Environmental Legislation in Russia: Dissertation Abstract ... Candidate of Juridical Sciences. Moscow, 2011. Dubovik O.L. Environmental Law: Textbook. Moscow, 2010. Kichigin N.V., Ponomarev M.V., Khludeyeva N.I. Environmental Law: Lecture Notes. Moscow, 2009. [^12]: Bogolyubov S.A. Legislation in the Field of Ecology. Moscow, 2010. P. 29. [^13]: Dubovik O.L. Environmental Law: Textbook. Moscow, 2010. P. 135. [^14]: See, for example, Environmental Law / Ed. 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. [^15]: Federal Law of the Russian Federation «On Subsoil» dated February 21, 1992 No. 2395-1 // Collection of Laws of the Russian Federation. 1995. No. 10. Art. 823. [^16]: Foundations of Forest Legislation of the Russian Federation (declared obsolete by Article 138 of the Forest Code of the Russian Federation dated January 29, 1997 No. 22-FZ // Collection of Laws of the Russian Federation. 1997. No. 5. Art. 610) // News of the Supreme Soviet and the Council of Ministers of the USSR. 1993. No. 15. Art. 523. [^17]: Federal Law of April 24, 1995 No. 52-FZ «On Wildlife» // RSZ RF. 1995. No. 17. Art. 1462. [^18]: Water Code of the Russian Federation of November 16, 1995 No. 167-FZ // RSZ RF. 19

[20] Federal Law No. 187-FZ of November 30, 1995 «On the Continental Shelf of the Russian Federation» // RSZ RF. 1995. No. 49. Art. 4694. [^21]: Federal Law No. 174-FZ of November 23, 1995 «On Environmental Expertise» // RSZ RF. 1995. No. 48. Art. 4556. [^22]: Forest Code of the Russian Federation dated January 29, 1997 No. 22-FZ // RSZ RF. 1997. No. 5. Art. 610. Deemed to have lost its effect as of January 1, 2009 by part 3 of article 12 of Federal Law No. 201-FZ of December 4, 2006 «On the Introduction into Force of the Forest Code of the Russian Federation» // RSZ RF. 2006. No. 50. Art. 5279. [^23]: Federal Law of May 4, 1999 No. 96-FZ "On Protection of Atmospheric Air" // RSZ RF. 1999. No. 18. Art. 2222. [^24]: Federal Law of March 30, 1999 No. 52-FZ "On Sanitary and Epidemiological Well-being of the Population" // RSZ RF. 1999. No. 14. Art. 1650. [^26]: Land Code of the Russian Federation dated 25.10.2001 No. 136-FZ // Collection of Laws of the Russian Federation. 2001, No. 44, Art. 4147. [^27]: Federal Law dated 10.01.2002 No. 7-FZ «On Environmental Protection» // Collection of Laws of the Russian Federation. 2002, No. 2, Art. 133. [^28]: Federal Law dated 20.12.2004 No. 166-FZ «On Fishing and Conservation of Aquatic Biological Resources» // Collection of Laws of the Russian Federation. 2004, No. 52, Art. 5270. [^29]: Water Code of the Russian Federation dated 03.06.2006 No. 74-FZ // Collection of Laws of the Russian Federation. 2006, No. 23, Art. 2381. [^30]: Forest Code of the Russian Federation dated December 4, 2006 No. 200-FZ // Collected Laws of the Russian Federation. 2006. No. 50. Art. 5278.