Judicial policy of Russia and Kazakhstan: environmental disputes and regulatory and law enforcement mechanisms for their resolution

Publication type Article
Status Published
Occupation: associate Professor of the Department of Civil Law and Procedure
Affiliation: Chernyshevsky Saratov National Research State University
Address: Russian Federation
Occupation:  associate Professor of the Arbitration Process Department
Affiliation: Saratov State Law Academy
Address: Russian Federation
Occupation: associate Professor of the Arbitration Process Department
Affiliation: Saratov State Law Academy
Address: Russian Federation
Journal nameGosudarstvo i pravo
EditionIssue 4

The article is dedicated to the analysis of the legislation of the Russian Federation and Republic of Kazakhstan in the sphere of environmental protection. The authors also describe the consideration of ecological disputes by courts of general jurisdiction and arbitrary courts of the Russian Federation in terms of judicial policy. The term of “harm inflicted upon the environment” prescribed by legislation of the Russian Federation and European Unity Directive, is analyzed. The authors pay attention to the fact that in the Russian Federation in 2020 it is possible that environmental tax will be introduced. Fees from this tax will be used to support eco-programs. Basing upon the Environmental Code of the Republic of Kazakhstan the authors explain changes in legislation which concern storage, placing, conversion, and burial of waste. It is noted that in 2011 the term of “placing of waste” was substituted by the term of “temporary waste storage facility” which brought particular clarity into judicial practice. The authors make demonstrative parallel between these terms by means of particular example from the materials of judicial practice. Attention is paid also to the Rules for the economic evaluation of damage from environmental pollution which don’t contain clear definition of criteria establishing the fact of natural object pollution. According to these rules harm inflicted upon the environment is subjective by nature and doesn’t deal with degradation of the objects. The authors of the article touch the disputable issue of respecting principles of equality and adversarial character of the parties when dealing with disputes about compensation for environmental damage. The authors conclude that qualified consideration and protection of rights in the sphere of environmental protection mostly depend on competent development and systematic character of judicial policy.

Keywordsenvironment, eco-program, judicial policy, judicial bodies, Eurasian Economic Unity, ecological breaches, remedial measures, civil and legal responsibility
Publication date11.05.2022
Number of characters36218
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