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Environmental, Biological, Social Security: An Organizational and Legal Aspect

https://doi.org/10.17803/1729-5920.2020.164.7.043-049

Abstract

The paper is devoted to the analysis of current trends and prospects of development of legislation of the Russian Federation in the area of environmental, biological and social safety. Based on the results of the study of mechanisms of operation of modern legal systems in the context of increasing exponential threats and risks, the authors carry out the general evaluation of the ability of emergency situations legislation to respond to contemporary challenges. The paper also identifies factors that could have a decisive impact on the formation of new environmental and biological security.

The author substantiates that, since any extreme environmental and biological situation is sudden, rapid, and it rapidly transforms from local to global, the emergency legislation should be as specific, clear, logical as possible, consistent with the goals and objectives of prevention of harm to life and health. In this regard, it should be revised primarily from the perspective of notions, variability of consequences, establishment of causality, description of basic solutions and responsibility. It is fundamentally necessary to change the paradigm from the elimination of accidents, disasters, fires and other man-made accidents to the presentation of emergencies as a systemic crisis of management and law. Special acts should clarify the criteria for “danger” and “safety”, taking into account socio-economic and environmental consequences, the competence of the authorities, security provision economy, permissible risks and losses, mechanisms and protocols for the operation of the entire state and public machinery in emergencies.

In addition, the law-maker should adopt the legislation regulating the health system, which must have sufficient reserves of capacity and resources for emergencies, the legislation regulating financial reserves for the establishment of special accounts and emergency financing mechanisms, as well as information legislation regulating emergency situations. 

About the Authors

N. G. Zhavoronkova
Kutafin Moscow State Law University (MSAL)
Russian Federation

Dr. Sci. (Law), Professor, Head of the Department of Environmental and Natural Resources Law,

ul. Sadovaya-Kudrinskaya, d. 9, Moscow, 125993



V. B. Agafonov
Kutafin Moscow State Law University (MSAL)
Russian Federation

Dr. Sci. (Law), Associate Professor, Professor, Department of Environmental and Natural Resources Law, 

ul. Sadovaya-Kudrinskaya, d. 9, Moscow, 125993



References

1. Zhavoronkova NG, Agafonov VB. Teoretiko-metodologicheskie problemy pravovogo obespecheniya ekologicheskoy, biosfernoy i geneticheskoy bezopasnosti v sisteme natsionalnoy bezopasnosti Rossiyskoy Federatsii [Theoretical and Methodological Problems of Legal Support of Ecological, Biosphere and Genetic Safety in the System of National Security of the Russian Federation]. Lex russica. 2019;9(154):96—108. (In Russ.)

2. Zhavoronkova NG, Agafonov VB. Teoretiko-pravovye problemy obespecheniya biologicheskoy bezopasnosti Rossiyskoy Federatsii [Theoretical and Legal Issues of Ensuring Biological Safety of the Russian Federation]. Aktualnye problemy rossiyskogo prava. 2020;4:187—195. (In Russ.)

3. Kalner VD. Ekologicheski orientirovannaya sreda obitaniya — integralnyy kriteriy kachestva zhizni [Ecologically oriented habitat — integral criterion of quality of life]. Ekologia i promyshlennost Rossii. 2019;23(10):50—55; 2019;23(11):50—54. (In Russ.)


Review

For citations:


Zhavoronkova N.G., Agafonov V.B. Environmental, Biological, Social Security: An Organizational and Legal Aspect. Lex Russica. 2020;73(7):43-49. (In Russ.) https://doi.org/10.17803/1729-5920.2020.164.7.043-049

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ISSN 1729-5920 (Print)
ISSN 2686-7869 (Online)