Theoretical and Methodological Problems of Legal Support of Ecological, Biosphere and Genetic Safety in the System of National Security of the Russian Federation
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Media type:
E-Article
Title:
Theoretical and Methodological Problems of Legal Support of Ecological, Biosphere and Genetic Safety in the System of National Security of the Russian Federation
Contributor:
Zhavoronkova, N. G.;
Agafonov, V. B.
imprint:
Kutafin Moscow State Law University, 2019
Published in:Lex Russica
Language:
Not determined
DOI:
10.17803/1729-5920.2019.154.9.096-108
ISSN:
1729-5920
Origination:
Footnote:
Description:
<jats:p>The paper is devoted to the study of theoretical problems of legal provision of ecological, biosphere and genetic security in the system of national security of the Russian Federation. It is noted that from the legal point of view the process of «legitimization» of the term (concept) of environmental safety has been successfully completed. This term is widely used in legislation and law enforcement practice, however, the term «environmental safety» still does not have a pronounced context, distinguishable, for example, from the terms «environmental protection», «environmental risk», «sustainable development». If there is a legitimate (conservative) understanding of environmental safety, there is still no modern legal and clear, unambiguous and essential content of the concept of «safety» (including genetic, biological, biosphere, evolutionary and other currently relevant types of safety). Attempts to define safety (along with vulnerability) through threats, damages, stability, losses, have the right to exist, but do not give adequate and substantial sense. Based on the analysis of the current legislation and strategic planning documents, it is concluded that new theoretical and methodological approaches to the understanding of both the basic concept of «safety» and the concept of «environmental safety» are required. According to the authors, due to the emergence of new global challenges and threats (genetic, biosphere, biological, climatic, etc.) in a specific law it is advisable to revise the underlying definition of environmental safety, stressing its specificity. It is important to form the conceptual framework, including the definition and assessment of threats, risks; to select standards and methods of evaluation, classification of threats, their records; to provide for the variability of action of state authorities and local self-government in case of security threats and also the mechanism of participation of citizens and public associations in environmental decision-making on issues of environmental safety. </jats:p>