ENVIRONMENTAL LEGISLATION OF RUSSIA AND THE KYRGYZ REPUBLIC: A COMPARATIVE LEGAL ASPECT
Journal: BULLETIN OF THE KALININGRAD BRANCH OF THE SAINT-PETERSBURG UNIVERSITY OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
№ 2
, 2024
Rubrics: STATE. SOCIETY. LAW
Authors:
Type:
Article
Pages:
from
to
Status:
Published
Received:
08.05.2024
Accepted:
08.05.2024
Published:
08.07.2024
Language:
Russian
Keywords:
Environmental legislation; law; legal institute; comparative method; environment; Russia; Kyrgyz Republic; law; science; article
Abstract (English):
Introduction: The comparative legal method is one of the most popular in legal science. It can be used at the macro level (when it is necessary to compare the legal systems of two or more countries as a whole) or at the micro level (to compare branches of law, institutions and individual legal norms). The use of this research method makes it possible to identify trends and prospects for the development of legal processes and phenomena, to prove the effectiveness of individual legal regulations and the possibility of their use in national legal systems. Currently, there is a need to consider the specifics of legal regulation of environmental protection in countries that, on the one hand, are close in terms of the legal heritage of the previous (Soviet) era, and, on the other hand, have their own achievements in environmental protection, valuable experience that can be used to improve legislation. A comparison of the ecological and legal institutions of the Russia and the Kyrgyz Republic allows us to solve an important research task of identifying trends and patterns of ecological and legal regulation in two related (from the point of view of environmental protection) countries, use mutual accumulated experience, and improve the current environmental legislation. Methods: when writing the article, various methods of scientific cognition were used: dialectical, method of system analysis, comparative legal method. The research material is the environmental legal acts of the Russian Federation and the Kyrgyz Republic regulating relations on environmental protection, as well as scientific works on comparative law and the application of environmental legislation in Russia and the Kyrgyz Republic. Results: In this article, a comparison was made of the basic institutions of environmental law represented in two framework laws of Russia and the Kyrgyz Republic. The analysis made allows us to conclude that many norms of the laws of the two countries completely or partially coincide (in terms of the content of environmental rights and obligations, the names of functions of environmental management, regulation of environmental education and enlightenment), which can be explained by the common (Soviet) roots of legal doctrine and legislation. At the same time, each of these countries has very interesting legal solutions that require study and implementation in another country. Among them are the inclusion of climate in the list of objects of ecological and legal protection, the definition of the legal regime of ecologically unsafe territories (Kyrgyz Republic); requirements for certain types of activities, functions of environmental management, compensation for environmental damage (Russia).
Introduction: The comparative legal method is one of the most popular in legal science. It can be used at the macro level (when it is necessary to compare the legal systems of two or more countries as a whole) or at the micro level (to compare branches of law, institutions and individual legal norms). The use of this research method makes it possible to identify trends and prospects for the development of legal processes and phenomena, to prove the effectiveness of individual legal regulations and the possibility of their use in national legal systems. Currently, there is a need to consider the specifics of legal regulation of environmental protection in countries that, on the one hand, are close in terms of the legal heritage of the previous (Soviet) era, and, on the other hand, have their own achievements in environmental protection, valuable experience that can be used to improve legislation. A comparison of the ecological and legal institutions of the Russia and the Kyrgyz Republic allows us to solve an important research task of identifying trends and patterns of ecological and legal regulation in two related (from the point of view of environmental protection) countries, use mutual accumulated experience, and improve the current environmental legislation. Methods: when writing the article, various methods of scientific cognition were used: dialectical, method of system analysis, comparative legal method. The research material is the environmental legal acts of the Russian Federation and the Kyrgyz Republic regulating relations on environmental protection, as well as scientific works on comparative law and the application of environmental legislation in Russia and the Kyrgyz Republic. Results: In this article, a comparison was made of the basic institutions of environmental law represented in two framework laws of Russia and the Kyrgyz Republic. The analysis made allows us to conclude that many norms of the laws of the two countries completely or partially coincide (in terms of the content of environmental rights and obligations, the names of functions of environmental management, regulation of environmental education and enlightenment), which can be explained by the common (Soviet) roots of legal doctrine and legislation. At the same time, each of these countries has very interesting legal solutions that require study and implementation in another country. Among them are the inclusion of climate in the list of objects of ecological and legal protection, the definition of the legal regime of ecologically unsafe territories (Kyrgyz Republic); requirements for certain types of activities, functions of environmental management, compensation for environmental damage (Russia).
Keywords:
Environmental legislation; law; legal institute; comparative method; environment; Russia; Kyrgyz Republic; law; science; article
Environmental legislation; law; legal institute; comparative method; environment; Russia; Kyrgyz Republic; law; science; article
