TY - JOUR

T1 - МЕХАНИЗМЫ ПРАВОВОГО РЕГУЛИРОВАНИЯ ОХРАНЫ ПОЧВ В СТРАНАХ СОДРУЖЕСТВА НЕЗАВИСИМЫХ ГОСУДАРСТВ: ПУТИ ИНТЕГРАЦИИ

AU - Андреева, Елена Михайловна

AU - Клюканова, Лариса Геннадьевна

PY - 2025/2

Y1 - 2025/2

N2 - This publication presents the results of the study conducted by the authors of legislative acts of countries of the Commonwealth of Independent States in the field of soil protection. Content analysis showed that the state of national legislation is heterogeneous, the tasks of legal support for the restoration and improvement of soil resources are solved by states with varying degrees of intensity. The legislation of a number of the countries does not fully take into account many of the latest achievements in this area. The study of the considered jurisdictions revealed such problems as the absence or insufficiency of special regulations comprehensively and purposefully regulating the problem of soil protection; poor development and vagueness of the conceptual apparatus, imperfection of individual legal institutions in the field of soil protection; unsystematic and disorderly legal regulation in this area; inattention to the issues of preserving soils of residential areas. At the same time, the achievements of the legislative practice of individual countries in ensuring soil protection seemed interesting and promising. Almost all countries proclaim obligations to preserve the fertile soil layer during economic and other activities, emphasize the importance of soil protection as a basis for agricultural production, and introduce restrictions and prohibitions on changing the intended purpose of fertile and particularly valuable soils. Based on an integrated scientific research approach, as well as applied systemic, functional and comparative legal research methods, the authors make proposals to modernize the norms of the Model Act of The Commonwealth of Independent States of 2007 “On Soil Protection” so that the Commonwealth countries could implement its updated provisions in their legislation in the most constructive way, and, thereby, harmonize regulatory provisions. In particular, it is proposed to improve and modernize the terminology, introduce new institutions and update the already established legal regulation at the legislative and law enforcement levels, introduce modern rules for monitoring soils, and establish a correct economic and legal mechanism for the use and protection of soils.

AB - This publication presents the results of the study conducted by the authors of legislative acts of countries of the Commonwealth of Independent States in the field of soil protection. Content analysis showed that the state of national legislation is heterogeneous, the tasks of legal support for the restoration and improvement of soil resources are solved by states with varying degrees of intensity. The legislation of a number of the countries does not fully take into account many of the latest achievements in this area. The study of the considered jurisdictions revealed such problems as the absence or insufficiency of special regulations comprehensively and purposefully regulating the problem of soil protection; poor development and vagueness of the conceptual apparatus, imperfection of individual legal institutions in the field of soil protection; unsystematic and disorderly legal regulation in this area; inattention to the issues of preserving soils of residential areas. At the same time, the achievements of the legislative practice of individual countries in ensuring soil protection seemed interesting and promising. Almost all countries proclaim obligations to preserve the fertile soil layer during economic and other activities, emphasize the importance of soil protection as a basis for agricultural production, and introduce restrictions and prohibitions on changing the intended purpose of fertile and particularly valuable soils. Based on an integrated scientific research approach, as well as applied systemic, functional and comparative legal research methods, the authors make proposals to modernize the norms of the Model Act of The Commonwealth of Independent States of 2007 “On Soil Protection” so that the Commonwealth countries could implement its updated provisions in their legislation in the most constructive way, and, thereby, harmonize regulatory provisions. In particular, it is proposed to improve and modernize the terminology, introduce new institutions and update the already established legal regulation at the legislative and law enforcement levels, introduce modern rules for monitoring soils, and establish a correct economic and legal mechanism for the use and protection of soils.

KW - The Commonwealth of Independent States

KW - earth

KW - ecology

KW - law harmonization

KW - soil

KW - soil protection

UR - https://www.mendeley.com/catalogue/5b89a083-c69d-3289-8fb6-95cae43ddaf8/

U2 - 10.21638/spbu14.2025.214

DO - 10.21638/spbu14.2025.214

M3 - статья

VL - 16

SP - 497

EP - 513

JO - ВЕСТНИК САНКТ-ПЕТЕРБУРГСКОГО УНИВЕРСИТЕТА. ПРАВО

JF - ВЕСТНИК САНКТ-ПЕТЕРБУРГСКОГО УНИВЕРСИТЕТА. ПРАВО

SN - 2074-1243

IS - 2

ER -