Test yourself
Short questions will help you recall the key points of the document.
Loading questions…
1. **Law and Sources of Law**
Law represents a system of universally binding rules regulating social relations. In order to confer legal force and implement the state will, legal norms must obtain external expression in the form of specific sources (forms) of law. Source of law – this is a method of fixing and expressing legal norms, their external carrier. In the Russian Federation, the main sources of law are:
2. Normative Legal Acts
A normative legal act is the main source of law in the Russian Federation, including land law. It is issued in accordance with established procedures by authorized state authorities, local self-government bodies or officials. The main characteristics of a normative legal act:
Normative acts are subject to official publication; unpublished acts are not applied.
3. **International and Normative Agreements**
International treaties of the Russian Federation are a constituent part of the legal system. In the event of a conflict between the provisions of an international treaty and federal law, the provisions of the international treaty apply. A normative contract is an agreement between two or more parties establishing, amending, or repealing legal norms. 4. Legal custom
Legal custom is a rule of behavior established through repeated application, recognized by the state, and not conflicting with legislation. In the field of land law, a custom may be taken into account, for example, when determining hay-cutting periods, grazing of animals, or use of a land plot by multiple owners. 5. Judicial practice
Judicial practice in the Russian Federation is not an official source of law; however, its decisions published by the plenary sessions of the Supreme Court of the Russian Federation and the Higher Arbitration Court of the Russian Federation may have an explanatory nature and can be used in applying and interpreting the law. Decisions of the Constitutional Court of the Russian Federation have a normative effect to the extent of declaring acts unconstitutional. 6.
Constitution of the Russian Federation
The Constitution of the Russian Federation has the highest legal authority, direct effect and is binding for all state bodies, officials, citizens and their associations. It enshrines:
right of ownership over land and natural resources;
citizens' right to a favourable environment and compensation for ecological damage;
obligation to preserve nature and the environment;
distribution of powers between the Russian Federation and its subjects in respect of issues of natural resource use and environmental protection.
7. Federal legislation
Land and ecological relations are regulated by the Land Code of the Russian Federation, federal laws, and normative legal acts of executive authorities. Federal laws and acts of the Government of the Russian Federation establish norms obligatory for all subjects of the Russian Federation and citizens. 8. Legislation of the Subjects of the Russian Federation
The subjects of the Russian Federation have the right to enact laws, charters, and other normative acts regulating land and environmental relations, taking into account local specifics. These acts must not contradict federal legislation. 9. Municipal legal acts
Local self-government bodies have the right to adopt municipal legal acts regulating issues of environmental protection and rational use of natural resources within the territory of the municipal formation. 10. Local regulatory acts
Local normative acts adopted by organizations apply to employees of a specific organization and are aimed at complying with environmental requirements and rational use of resources. They have an internal rather than public character.
Law, as system of generally binding rules in order to become an effective regulator of social relations, must obtain some external expression. In legal doctrine, the ways by which state will becomes a legal norm are denoted by the conditional term "sources (forms) of law." The concept of a source of law is very vividly associated with a container into which legal norms are enclosed1. Literature also notes that [source](/enc/31662/ "Definition of the term 'Source' in
"legal encyclopedia") rights – this is a means of expressing and consolidating legal norms2. An important aspect in the theory of law is the distinction between such legal categories as "source of law" (/enc/31662/ "Definition of the term 'Source' in the legal encyclopedia") and "form of law"3. In the theory of law, numerous sources of law are identified4. However, in the Russian Federation, among all known sources (forms) of law, mainly such sources as normative legal act (/enc/33483/ "Definition of the term 'act' in the legal encyclopedia"), normative contract (/enc/28378/ "Definition of the term 'Contract' in the legal encyclopedia"), and general principles
rights and legal custom5.
Normative Legal Act6 is the primary source of law in Russia (including land law). Essential characteristics defining a normative legal act include: its issuance in accordance with established procedures by an authorized state authority, local self-government body, or official; presence within it of legal norms (rules of conduct) that are mandatory for an indefinite group of persons, intended for repeated application, and aimed at regulation
the regulation of public relations or the change or termination of existing legal relationships7.
Land legislation, in accordance with the Constitution of the Russian Federation (point "k" of part 1 of article 72 of the Constitution of the Russian Federation), is under the joint jurisdiction of the Russian Federation and the subjects of the Russian Federation. Land legislation consists of the Land Code of the Russian Federation (ZK RF), federal laws, and laws adopted by the subjects of the Russian Federation in accordance with them. Norms of land law contained in other federal laws, laws of the subjects of the Russian Federation, should
comply with the Land Code of the Russian Federation.
Land relations may also be regulated by decrees of the President of the Russian Federation, which must not contradict the Land Code of the Russian Federation (Zemel'nyy Kodeks RF) or federal laws. [Government](/enc/32939/ "Definition of the term 'Government' in the legal encyclopedia) of the Russian Federation adopts decisions regulating land relations within the scope of authority defined by the Land Code of the Russian Federation, federal laws, as well as decrees of the President of the Russian Federation regulating land relations.
On the basis and in accordance with the Land Code of the Russian Federation, federal laws, other normative legal acts of the Russian Federation, and laws of the subjects of the Russian Federation executive authorities, the subjects of the Russian Federation within their authority may issue acts containing norms of land law.
In accordance with and in implementation of the Land Code of the Russian Federation (RF), federal laws, other normative legal acts of the Russian Federation, laws and other normative legal acts of the subjects of the Russian Federation [local self-government bodies](/enc/29989/ "Definition of the term 'Local Self-Government Bodies' in the legal encyclopedia) within their authority may issue acts containing norms of land law (article 2 of the Land Code of the Russian Federation).
Laws are subject to official publication. Unpublished laws are not applied. Any normative legal acts affecting the rights, freedoms, and obligations of a person and citizen cannot be applied if they have not been officially published for general information (Part 3 of Article 15 of the Constitution of the Russian Federation8).
Normative agreement – this is a contract between two or more parties, as a result of which legal norms are established, changed, or revoked9. The generally recognized principles and norms of international law and international treaties of the Russian Federation are an integral part of its legal system. If an international treaty of the Russian Federation establishes other [rules](/enc/26387/ "Definition of the term 'Rules' in the legal
if the rules provided by the encyclopedias differ from those provided by law, the rules of the international treaty apply (part 4 of article 15 of the Constitution of the Russian Federation).
The corresponding provision of the Constitution of the Russian Federation regarding the regulation of land relations is clarified in Article 4 of the Land Code of the Russian Federation ("Application of international treaties of the Russian Federation"). According to this article, if international treaties of the Russian Federation, ratified in accordance with established procedures, establish other rules, different from those provided for by the Land Code of the Russian Federation, the rules
Application of rules of international treaties of the Russian Federation in their interpretation conflicting with the Constitution of the Russian Federation is not allowed. Such a contradiction may be established in accordance with the procedure determined by the federal constitutional law.
Land relations are regulated at the international level10. The procedure for concluding, performing, and terminating international agreements of the Russian Federation is determined by the Federal Law dated 15.07.1995 No. 101-FZ "On International Agreements of the Russian Federation".
Consideration of cases regarding the possibility of enforcing decisions of interstate bodies is regulated by Chapter XIII.1 of the Federal Constitutional Law dated 21.07.1994 No. 1-FKZ "On the Constitutional Court of the Russian Federation"11.
According to Article 82 of the Law on Environmental Protection ("International treaties of the Russian Federation in the field of environmental protection"), international treaties of the Russian Federation in the field of environmental protection, which do not require the adoption of domestic legislative acts for their application, are applied directly to relations arising from activities in the field of environmental protection. In other cases, alongside the international treaty of the Russian Federation
in the field of environmental protection, the corresponding normative legal act adopted to implement the provisions of an international treaty of the Russian Federation (point 1) applies.
If international treaties of the Russian Federation in the field of environmental protection establish other rules than those provided for by this Federal law, the rules of the international treaty shall apply (paragraph 2).
Decisions adopted by intergovernmental bodies on the basis of provisions of international treaties of the Russian Federation in their interpretation contradicting the Constitution of the Russian Federation shall not be implemented in the Russian Federation. Such a contradiction may be established in accordance with the procedure determined by federal constitutional law (paragraph 3).
By the decision of the Interparliamentary Assembly of CIS member states dated 04.12.2004 "On the Model Land Code for CIS Member States"12, the model land code for CIS member states was adopted, which has been submitted to the parliaments of CIS member states and is recommended for use in national legislation.
Legal Custom – this is a rule of behavior that has developed as a result of its actual application over a long period, not recorded in any official documents, but recognized by the state13. A legal custom as a source of law has become widespread in the field of civil law. According to Article 5 of the Civil Code of the Russian Federation14, a custom is recognized as established and widely applied in any particular area of business or other activities, not
The rule of conduct prescribed by legislation, regardless of whether it is recorded in any document. Customs conflicting with mandatory provisions of legislation or contract applicable to the participants of the relevant relationship are not applied.
However, legal customs can also be considered as sources of environmental law. For example, the legal regulation of relations in the field of education, protection, and use of territories of traditional nature use may be carried out by customs of small-numbered peoples 15, if such customs do not contradict the legislation of the Russian Federation or the legislation of the subjects of the Russian Federation (article 2 of the Federal law "On Territories of Traditional Nature Use of Indigenous Small-Numbered Peoples of the North, Siberia and the Far East of the Russian
Federation».
Public servitudes may be established for mowing and grazing of agricultural livestock on land plots in accordance with established procedures during periods whose duration corresponds to local conditions and customs (subparagraph 7 of paragraph 3 of Article 23 of the Land Code of the Russian Federation).
In the case of transfer of ownership of building, structure, engineering work to multiple owners, the order of use of the land plot is determined taking into account the shares in ownership of building, structure, engineering work or
At the same time, it is important to determine whether judicial practice is a source of environmental law in Russia. Here, one should take into account that the legal system of Russia leans towards countries belonging to the continental legal system. A characteristic feature of such countries is that a court's decision in a specific case (a judicial precedent) cannot serve as a basis for making decisions in other cases.
"PO" in the legal encyclopedia") in other similar cases. In other words, judicial practice in Russia is not officially a source of law. However, this issue is discussed in scientific literature. The corresponding approach finds confirmation in scientific literature. For example, according to V.V. Petrov, court decisions, despite their originality and legal competence, cannot serve as a model or source for making decisions
from another similar case. Thus, it follows that the Russian doctrine considers judicial practice only in terms of the application of law, interpretation, and clarification of its specific provisions16.
At the same time, other positions are expressed in scientific literature on this issue. As noted by M.M. Brinchuk, a court decision recognizing a normative act as unconstitutional and annulling it generates new rights and obligations for participants in social relations. In essence, such a decision inevitably becomes law-making. Explanations provided by the plenums of the Supreme Court of Russia and the Higher Arbitration Court of Russia have a general, non-personal character and undeniably serve as sources of law. When considering individual cases, courts fill gaps in the law guided by internal conviction. If such decisions are endorsed by the Supreme Court of Russia and the Higher Arbitration Court...
When issued by the courts of the Russian Federation and published, they become a source of law17.
A similar position is held by O.L. Dubovik, who argues that even in the classical continental legal system, as it appears at first glance, of Russian law, many no longer deny the existence of a source such as judicial precedent, primarily citing decisions of the Constitutional Court of the Russian Federation. It should be noted here that resolutions of the Plenums of the Supreme Court of the Russian Federation (previously the USSR) contain at least definitional norms18.
The Constitution of the Russian Federation has supreme legal authority, direct effect and applies throughout the territory of the Russian Federation. Laws and other legal acts adopted in the Russian Federation must not contradict the Constitution of the Russian Federation. State authorities, local self-government bodies, [officials](/enc/32195/ "Definition of 'officials' in
"legal encyclopedia"), citizens and their associations are obliged to observe the Constitution of the Russian Federation and laws (parts 1 and 2 of article 15 of the Constitution of the Russian Federation). The Constitution of the Russian Federation is a federal codified constitutional law and establishes the foundations of legal regulation of social relations in the Russian Federation, including social ecological relations.
According to Article 9 of the Constitution of the Russian Federation, land and other natural resources are used and protected in the Russian Federation as the basis for the life and activities of peoples residing on the corresponding territory. Land and other natural resources may be owned by private individuals, state, municipal, and other forms of ownership.
Citizens and their associations have the right to own land in private ownership. Possession, use, and disposal of land and other natural resources are carried out freely by their owners, provided that this does not cause harm to the environment or violate the rights and legitimate interests of other persons. The conditions and procedures for using land are determined based on federal law (article 36 of the Constitution of the Russian Federation).
In the Russian Federation, federal programs for health protection and strengthening of the population's health are funded, measures are taken to develop state, municipal, and private healthcare systems, and activity that contributes to enhancing human health, development of physical culture and sports, and ecological and sanitary-epidemiological well-being is encouraged (Part 2 of Article 41 of the Constitution of the Russian Federation).
Everyone has the right to a favorable environment, reliable information about its condition, and compensation for damage caused to their health or property by an environmental violation (Article 42 of the Constitution of the Russian Federation).
In addition to rights, the Constitution of the Russian Federation also provides for obligations. For example, Article 58 of the Constitution of the Russian Federation stipulates the obligation of each individual to preserve nature and the environment, and to treat natural resources with care.
Ensuring a unified state policy in the field of ecology within the Russian Federation is entrusted to the [Government](/enc/32939/ "Definition of the term 'Government' in the legal encyclopedia) of the Russian Federation (paragraph 'v' of Part 1 of Article 114 of the Constitution of the Russian Federation).
An important aspect also involves the delimitation of subjects of jurisdiction and powers between the Russian Federation and its constituent entities in the context of environmental protection and use of natural resources.
The following matters are under the jurisdiction of the Russian Federation: 1) regulation and protection of human rights and freedoms19 (including land rights); 2) federal state property and its management20 (including land); 3) establishing the principles of federal policy and federal programs in the areas of state, economic, environmental, social, cultural, and national development of the Russian
Federation21 (including federal land programs, protection of traditional agriculture of the small-numbered indigenous peoples of the North, Siberia, and the Far East of the Russian Federation).
The following matters are under the joint jurisdiction of the Russian Federation and its subjects: 1) issues of ownership, use, and disposal of land, minerals, water, and other natural resources22; 2) use of natural resources; protection of the environment and ensuring ecological safety; [special protected natural areas](/enc/24033/ "Definition of the term 'Special Protected Natural Areas' in
juridical encyclopedia")23; 3) implementation of measures to combat disasters, natural calamities, epidemics, and elimination of their consequences24; 4) land, water, forestry legislation, mineral resources legislation, environmental protection legislation25 5) protection of the traditional habitat and traditional way of life of small-numbered ethnic communities26.
Alongside the Land Code of the Russian Federation (ZK RF), land relations are regulated, including: Federal law dated 25.10.2001 No. 137-FZ «On the Introduction into Force of the Land Code of the Russian Federation»; Federal law dated 21.12.2004 No. 172-FZ «On the Re-classification of Lands or Land Plots from One Category to Another»27; Federal law dated 14.12.2001 No. 163-FZ «On the Indexation of Land Tax Rates»28; [Federal law](/enc/18664/ "Definition of the term 'Federal law' in the legal
"encyclopedias") from 01.05.2016 № 119-FZ "On Specific Features of Providing Land Plots Located in State or Municipal Ownership and Situated in the Arctic Zone of the Russian Federation and on Other Territories of the North, Siberia, and Far East of the Russian Federation, and on Amending Certain Legislative Acts of the Russian Federation"29; Federal Law from 19.07.2011 № 246-FZ "On Artificial Land Plots Created on Water Objects Located in Federal Ownership, and on Amending Certain Legislative Acts
"Russian Federation»30.
At the level of the Government of the Russian Federation, land relations are regulated, including: decree of the Government of the Russian Federation dated December 23, 2014 No. 1461 «On Approval of the Rules for Determining the Amount of Payment under an Agreement on the Establishment of a Servitude with Respect to Land Plots Owned by the Federal State»31; decree of the Government of the Russian Federation dated February 27, 2004 No. 112 «On Use of Land Subject to Radioactive and Chemical Contamination, Conducting Activities on Them
meliorative and cultural-technical works, establishment of protective zones, and preservation of objects located on these lands»32; decree of the Government of the Russian Federation dated August 25, 1999 No. 945 «On state cadastre valuation of land»33; decree of the Government of the Russian Federation dated March 15, 1997 No. 319 «On procedure for determining the normative price of land»34; decree of the Government of the Russian Federation dated February 2, 2023 No. 154 «On
«Order of the Government of the Russian Federation dated September 18, 2020 No. 1482 "On Characteristics of Non-Use of Land Plots Intended for Agricultural Purposes in Accordance with Their Purpose or Use in Violation of the Legislation of the Russian Federation»36; Order of the Government of the Russian Federation dated January 27, 2022 No. 59 «On Approval of the Regulations on Compensation for Damages Caused by Deterioration of Land Quality, Restriction of Rights of Landowners, Land Users, Landholders and Lessees of Land Plots, as Well as Right Holders»37; Order of the Government of the Russian Federation dated January 27, 2022 No. 59 «On Approval of the Regulations on Compensation for Damages Caused by Deterioration of Land Quality, Restriction of Rights of Landowners, Land Users, Landholders and Lessees of Land Plots, as Well as Right Holders»37; Order of the Government of the Russian Federation dated January 27, 2022 No. 59 «On Approval of the Regulations on Compensation for Damages Caused by Deterioration of Land Quality, Restriction of Rights of Landowners, Land Users, Landholders and Lessees of Land Plots, as Well as Right Holders»37; Order of the Government of the Russian Federation dated January 27, 2022 No. 59 «On Approval of the Regulations on Compensation for Damages Caused by Deterioration of Land Quality, Restriction of Rights of Landowners, Land Users, Landholders and Lessees of Land Plots, as Well as Right Holders»37; Order of the Government of the Russian Federation dated January 27, 2022 No. 59 «On Approval of the Regulations on Compensation for Damages Caused by Deterioration of Land Quality, Restriction of Rights of Landowners, Land Users, Landholders and Lessees of Land Plots, as Well as Right Holders»37; Order of the Government of the Russian Federation dated January 27, 2022 No. 59 «On Approval of the Regulations on Compensation for Damages Caused by Deterioration of Land Quality, Restriction of Rights of Landowners, Land Users, Landholders and Lessees of Land Plots, as Well as Right Holders»37; Order of the Government of the Russian Federation dated January 27, 2022 No. 59 «On Approval of the Regulations on Compensation for Damages Caused by Deterioration of Land Quality, Restriction of Rights of Landowners, Land Users, Landholders and Lessees of Land Plots, as Well as Right Holders»37; Order of the Government of the Russian Federation dated January 27, 2022 No. 59 «On Approval of the Regulations on Compensation for Damages Caused by Deterioration of Land Quality, Restriction of Rights of Landowners, Land Users, Landholders and Lessees of Land Plots, as Well as Right Holders»37; Order of the Government of the Russian Federation dated January 27, 2022 No. 59 «On Approval of the Regulations on Compensation for Damages Caused by Deterioration of Land Quality, Restriction of Rights of Landowners, Land Users, Landholders and Lessees of Land Plots, as Well as Right Holders»37; Order of the Government of the Russian Federation dated January 27, 2022 No. 59 «On Approval of the Regulations on Compensation for Damages Caused by Deterioration of Land Quality, Restriction of Rights of Landowners, Land Users, Landholders
located on land plots real estate objects and on the recognition of certain acts of the Government of the Russian Federation as having lost their force»37.
Normative legal acts are issued by federal executive authorities in the form of resolutions, orders, directives, rules, instructions, and regulations. Issuance of normative legal acts in the form of letters and telegrams is prohibited (point 2 of the Rules for Preparation of Normative Legal Acts by Federal Executive Authorities and Their State Registration38).
Among the departmental normative legal acts serving as sources of land law, it is possible to note: Order of the Ministry of Economic Development of the Russian Federation dated 03.08.2011 No. 388 "On Approval of Requirements for Land Plot Survey Project"; Order of the Ministry of Economic Development of the Russian Federation dated 28.06.2007 No. 215 "On Approval of the Administrative Regulation of the Federal Agency for Cadastre of Real Estate Property in Performing the State Function "Organization Conducting State Cadastre Valuation of Land"39; Order of the Ministry of Economic Development of the Russian Federation dated 29.12.2017 No. 710 "On Approval of Methodological Recommendations on"
application of the basic principles of determining rental payments in the lease of land plots owned by the state or municipal property, approved by Government Decree No. 582 of July 16, 2009; Order of the Ministry of Economic Development of Russia dated June 4, 2019 No. 321 "On Approval of Methodological Recommendations for Determining Payment for Public Servitude concerning land plots in private ownership or in state or municipal ownership and allocated to individuals or legal entities"; Order
Ministry of Natural Resources of Russia Order No. 25 dated January 28, 1994 "On the Procedure for State Control over the Use and Protection of Land"; Ministry of Natural Resources of Russia Order No. 564 dated August 5, 2020 "On Approval of Features of Use, Protection, Safeguarding, and Regeneration of Forests Located on Territorial Areas of Population Centers"40; Ministry of Natural Resources of Russia Order No. 288 dated July 30, 2010 "On Preparation and Conclusion of Sales Contracts for Forest Plantations Located on Federally Protected Natural Territories"; Ministry of Natural Resources of Russia Order No. 382 dated August 22, 2018 "On Conducting State Expertise of Projects for the Development of Forests Located on Federally Protected Natural
«territories»; Order of the Ministry of Agriculture of Russia dated 15.05.2019 No. 255 «On Approval of the Procedure for Developing, Coordinating, and Approving Land Reclamation Projects»41; Order of Rospridnadzor dated 14.01.2022 No. 16 «On Approval of the Form of a Checklist (List of Control Questions, Answers to Which Indicate Compliance or Non-Compliance by the Controlled Party with Mandatory Requirements), Used by the Federal Service for Supervision in the Field of Natural Resources and Its Territorial Bodies When Conducting Federal State Land Supervision (Monitoring)»42.
In accordance with paragraph 2 of Article 76 of the Constitution of the Russian Federation, federal laws and laws and other normative legal acts of the subjects of the Russian Federation adopted in compliance with them are issued on matters of joint jurisdiction of the Russian Federation and its subjects. At the same time, legislation of the subjects of the Russian Federation is intended to take into account and reflect the specifics of regulating environmental relations applicable to the particular subject of the Russian Federation and, at times, even fill gaps in federal legislation. However, laws and other normative legal acts of the subjects of the Russian Federation, in
in accordance with part 5 of article 76 of the Constitution of the Russian Federation, must not contradict federal laws adopted on matters of joint jurisdiction of the Russian Federation and its subjects. In the case of a contradiction between a federal law and another act issued within the Russian Federation, the federal law applies.
The Russian Federation consists of republics, krais, regions, federal cities, an autonomous region, and autonomous okrugs - equal subjects of the Russian Federation. A republic (state) has its own constitution and legislation. A krai, region, federal city, autonomous region, or autonomous okrug has its own charter and legislation (Article 5 of the Constitution of the Russian Federation). Thus, the legislation of the subjects of the Russian Federation includes constitutions and
charters of the subjects of the Russian Federation, as well as laws and other normative legal acts of the subjects of the Russian Federation.
As examples of republic constitutions, one can cite: The Constitution of the Republic of Adygea (adopted at the XIV session of the Legislative Assembly (Khase) - Parliament of the Republic of Adygea on March 10, 1995); The Constitution of the Republic of Altai (Basic Law) (adopted June 7, 1997); The Constitution of the Republic of Bashkortostan dated December 24, 1993 № VС-22/15.
As examples of the charters (basic laws) of the subjects of the Russian Federation, one can cite: Charter (Basic Law) of Altai Krai dated June 5, 1995 № 3-ЗС; Charter (Basic Law) of Amur Oblast dated December 13, 1995 № 40-ОЗ; Charter of the Jewish Autonomous Oblast dated October 8, 1997 № 40-ОЗ; Charter of Moscow (approved by the Moscow City Duma on June 28, 1995); Charter of the Nenets Autonomous Okrug. Adopted by the Assembly of Deputies of the Nenets Autonomous Okrug (Resolution dated September 11, 1995 № 24).
The legislation of subjects of the Russian Federation will be considered using the example of the subject of the Russian Federation, the city of federal significance, Moscow. Among the laws of the city of Moscow, one can note the Law of the City of Moscow dated September 26, 2001 No. 48 "On Particularly Protected Natural Territories in the City of Moscow"43; the Law of the City of Moscow dated July 6, 2005 No. 37 "On the Scheme for Development and Location of Particularly Protected Natural Territories in the City of Moscow"44.
As examples of the Mayor of Moscow's orders, one can cite: Order of the Mayor of Moscow dated 22.06.1993 No. 387-RM "On Rates of Fees and Procedure for Calculating Payments for pollution of the surrounding natural environment on the territory of the city of Moscow"45; Order of the Mayor of Moscow dated 23.03.1994 No. 131-RM "On Indexation of Fees for pollution of the surrounding natural environment on the territory of the city of Moscow"46; Order of the Mayor of Moscow dated 15.12.1997 No. 994-RM "On Operational Informational
"Interaction during environmental incidents in Moscow"47.
As examples of decrees issued by the Government of Moscow, one can cite: Decree of the Government of Moscow dated 24.06.2003 № 480-PP «On Providing Data on the State Environmental Monitoring of the City of Moscow»48; Decree of the Government of Moscow dated 04.10.2005 № 760-PP «On the Environmental Doctrine of the City of Moscow»49; Decree of the Government of Moscow dated 08.05.2007 № 336-PP «On Objects of State Environmental Expertise at the Regional Level»50.
Legislation of subjects of the Russian Federation is currently developing quite dynamically. In a number of subjects of the Russian Federation, environmental legislation has been codified, in particular the Environmental Code of the Republic of Bashkortostan dated 28.10.1992 No. VС-13/28, the Environmental Code of the Republic of Tatarstan dated 15.01.2009 No. ZRT.
Federal Law No. 131-FZ of October 6, 2003 "On the General Principles of Local Self-Government in the Russian Federation"51 grants local self-government bodies broad powers in the field of environmental protection and rational use of natural resources.
Chapter 3 of the aforementioned Law defines matters of local significance for the settlement, city district, municipal district. Such matters include: participation in preventing and eliminating the consequences of emergency situations within the boundaries of the settlement; organization of household waste and garbage collection and removal; approval of general plans for the settlement, land use and development rules, approval of documentation prepared based on the general plans of the settlement for territorial planning,
issuance of permits for construction, permits for commissioning objects into operation during construction, reconstruction, capital repairs of capital construction objects located on the territory of the settlement, approval of local urban planning standards for settlements, reserving land and expropriation, including through purchase, of land plots within the boundaries of the settlement for municipal needs, implementation of land control over the use of land in the settlement;
organization and conducting activities related to civil defense, protection of the population and territory of the settlement from emergency situations of natural and technological nature; creation, development, and ensuring the safety of healthcare and wellness facilities and local resorts within the territory of the settlement; exercising the rights of the owner of water bodies within the limits established by the water legislation of the Russian Federation, informing the population about restrictions on their use; conducting municipal forest monitoring and oversight; [organization](/enc/9492/
"The definition of the term 'Organization' in the legal encyclopedia) environmental protection activities within the boundaries of the corresponding municipal formation relate to matters of local significance."
The specified powers of local self-government bodies are implemented, among other ways, through the adoption of municipal normative acts.
Local regulatory acts are adopted within a specific organization and may contain norms aimed at ensuring environmental protection and the rational use of natural resources. Such regulatory acts may be adopted in the form of collective agreements, job instructions, policies, orders, directives, and other documents.
Since the effect of such acts applies only to employees of the organization where the corresponding Act is adopted, they are not legal. As a sanction for violation of local regulatory acts, disciplinary liability may arise under labor legislation. Local regulatory acts can be developed taking into account the specific features of the production and labor process of a particular organization, which increases the effectiveness of these norms.
there is unity (at least in principle, at the foundation) between the forms of establishing and expressing legal norms. Indeed, from a factual side both legal normative acts and sanctioned customs are nothing other than precisely sources, i.e., the sole «reservoir», in which legal norms reside. From this it is clear why proposals to replace the term «source of law» with the polysemous and therefore indeterminate term «form of law» were not accepted by either science or practice» (Alexeev S.S. Theory of Law.)
M., 1995. p. 113 – 114.). "In literature there exist two main viewpoints on the issue of the relationship between the concepts 'source of law' and 'form of law': a) according to the first - the mentioned concepts are identical; b) according to the second - the concept of 'source of law' is broader than the concept of 'form of law'. The latter viewpoint is prevailing today day. Indeed, if we start from the generally accepted meaning of the word 'source' as 'any beginning or foundation, root and cause, initial point', then in relation to legal phenomena it should be understood under source of law three factors: 1) source
in a material sense (material conditions of society's life, forms of ownership, interests and needs of people, etc.); 2) source in an ideological sense (various legal doctrines, legal awareness, etc.); 3) source in a formal-legal sense – this is the form of law itself" (Matuzov N.I., Malko A.V. Theory of the State and Law: textbook. Moscow, 2004.). ↩
4. For example, V.V. Lazarev and S.V. Lipen among sources of law distinguish: 1) normative-legal act;
2. regulatory contract; 3) judicial and administrative precedent; 4) legal custom; 5) religious doctrines; 6) legal science; 7) principles of law. (Lazarev V.V., Lipen' S.V. Theory of the State and Law: textbook for higher educational institutions. Moscow, 1998. Pp. 182 - 194). ↩
defines, amends, or repeals legal norms» (Lazarev V.V., Lipen S.V. Theory of the State and Law: Textbook for Higher Education Institutions. Moscow, 1998. P. 182). ↩
7. Paragraph 9 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated November 29, 2007 No. 48 «On the Practice of Courts in Considering Cases on Challenging Normative Legal Acts in Full or in Part» // Russian newspaper dated December 8, 2007 (No. 276). ↩
8. Constitution of the Russian Federation (adopted by a national vote on December 12, 1993) // RSZ RF. 2009. No. 4. Article 445. ↩
9. Lazarev V.V., Lipen S.V. Theory of the State and Law: Textbook for Higher Education Institutions. Moscow, 1998. P. 183. ↩
10. See also
Fastovich G.G. International Regulation of Relations in the Sphere of Land Use and Protection // Agrarian and Land Law. 2019. No. 9 (177). ↩
11. Collection of Laws of the Russian Federation (SZ RF). 1994. No. 13. Art. 1447. ↩
12. Informational Bulletin of the Interparliamentary Assembly of the Member States of the Commonwealth of Independent States (CIS). 2005. No. 35 (part 2). ↩
13. Lazarev V.V., Lipen' S.V. Theory of State and Law: Textbook for Higher Education Institutions. Moscow, 1998. P. 186. ↩
14. Civil Code of the Russian Federation dated November
"Definition of the term «Customs of Indigenous Small-Numbered Peoples of the North, Siberia, and Far East of the Russian Federation» in the legal encyclopedia" (hereinafter referred to as customs of indigenous small-numbered peoples) - traditionally established and widely applied by indigenous small-numbered peoples of the North, Siberia, and Far East of the Russian Federation (hereinafter referred to as small-numbered peoples) rules for traditional use of natural resources and traditional way of life (paragraph 4 of Article 1 of the Federal Law «On Traditional Territories»
«Use of Natural Resources by Indigenous Small-numbered Peoples of the North, Siberia and the Far East of the Russian Federation»). ↩
16. Petrov V.V. Environmental Law of Russia: textbook. M., 1995. P. 96. ↩
17. Brinchuk M.M. Environmental Law: textbook. M., 2010. P. 112-113. ↩
18. Dubovik O.L. Environmental Law: textbook. M., 2010. P. 97. ↩
19. Item «c» of Article 71 of the Constitution of the Russian Federation. ↩
20. Item «e» of Article 71 of the Constitution of the Russian Federation. ↩
21. Item «f» of Article 71 of the Constitution of the Russian Federation. ↩
22. Item «c» of Article 72 of the Constitution of the Russian Federation. ↩
23. Item «e» of Article 72 of the Constitution of the Russian Federation. ↩
24. Item
«z» article 72 of the Constitution of the Russian Federation. ↩
25. Paragraph «k» of article 72 of the Constitution of the Russian Federation. ↩
26. Paragraph «m» of article 72 of the Constitution of the Russian Federation. ↩
27. Collection of Laws of the Russian Federation (СЗ РФ). 2004. No. 52. Art. 5276. ↩
28. Collection of Laws of the Russian Federation (СЗ РФ). 2001. No. 51. Art. 4828. ↩
29. Collection of Laws of the Russian Federation (СЗ РФ). 2016. No. 18. Art. 2495. ↩
30. Collection of Laws of the Russian Federation (СЗ РФ). 2011. No. 30. Art. 4594. ↩
31. Collection of Laws of the Russian Federation (СЗ РФ). 2015. No. 1. Art. 256. ↩
32. Collection of Laws of the Russian Federation (СЗ РФ). 2004. No. 10. Art. 866. ↩
33. Collection of Laws of the Russian Federation (СЗ РФ). 1999. No. 35. Art. 4326. ↩
34. Collection of Laws of the Russian Federation (СЗ РФ). 1997. No. 13. Art. 1539. ↩
35. Collection of Laws of the Russian Federation (СЗ РФ). 2023. No. 6. Art. 985. ↩
36. Collection of Laws of the Russian Federation (СЗ РФ). 2020. No. 39. Art. 6059. ↩
37. Collection of Laws of the Russian Federation (СЗ РФ). 2022. No. 5. Art. 790. ↩
38. Approved by Government Decree of the Russian Federation dated August 13, 1997 No. 1009 // Collection of Laws of the Russian Federation (СЗ РФ). 1997. No. 33. Art. 3895. ↩
39.
Bulletin of normative acts of federal executive authorities. 2007. No. 38. ↩
40. Official internet-portal of legal information http://pravo.gov.ru, 25.11.2020. ↩
41. Official internet-portal of legal information http://pravo.gov.ru, 04.10.2019. ↩
42. Official internet-portal of legal information http://pravo.gov.ru, 25.02.2022. ↩
43. Law of the City of Moscow dated 26.09.2001 No. 48 "On Particularly Protected
Law of Moscow City No. 37 dated 06.07.2005 «On the Scheme for Development and Placement of Particularly Protected Natural Territories in the City of Moscow» // Bulletin of the Mayor and Government of Moscow. 2005. No. 45. ↩
45. Order of the Mayor of Moscow dated 22.06.1993 No. 387-РМ «On Rates of Payment and Procedure for Calculating Payments for pollution of the surrounding natural environment on the territory of Moscow City» // Bulletin of the Moscow City Government. 1993. No. 15. ↩
46. Order of the Mayor of Moscow dated 23.03.1994 No. 131-РМ «On Indexation of Payment for [pollution](/enc/31676/ "Definition of the term 'Pollution' in the
"Legal encyclopedia") of the surrounding natural environment on the territory of Moscow City" // Bulletin of the Mayor of Moscow. 1994. No. 8. ↩
47. Order of the Mayor of Moscow dated December 15, 1997 No. 994-RM "On Operational Information Interaction During Ecological Incidents in Moscow City" // Bulletin of the Mayor of Moscow. 1998. No. 2. ↩
48. Decree of the Government of Moscow dated June 24, 2003 No. 480-PP "On Providing Data of the State Ecological Monitoring of Moscow City" // Bulletin of the Mayor and Government of Moscow. 2003. No. 39. ↩
49. Decree of the Government of Moscow dated October 4, 2005 No. 760-PP "On the Ecological Doctrine of Moscow City" // Bulletin of the Mayor and Government of Moscow. 2005. No. 57. ↩
50.
Выберите реакцию, оцените материал и расскажите, что можно улучшить.