Trends and Prospects for legislative regulation of legal responsibility for environmental o?enses in BriCs Countries: Comparative law

AuthorA. Anisimov - Ju. Kayushnikova
PositionVolgograd Institute of Management - Branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation (Volgograd, Russia)
Pages82-101
BRICS LAW JOURNAL Volume VI (2019) Issue 1
TREnDS anD PRoSPECTS FoR LEGISLaTIVE REGuLaTIon
oF LEGaL RESPonSIBILITY FoR EnVIRonMEnTaL oFFEnSES
In BRICS CounTRIES: CoMPaRaTIVE Law
ALEKSEY ANISIMOV,
Volgograd Institute of Management – Branch of the Russian Academy of National Economy
and Public Administration under the President of the Russian Federation
(Volgograd, Russia)
JULIA KAYUSHNIKOVA,
Volgograd Institute of Management – Branch of the Russian Academy of National Economy
and Public Administration under the President of the Russian Federation
(Volgograd, Russia)
DOI: 10.21684/2412-2343-2018-6-1-82-101
This article provides a comparative analysis of the features of the national legislation
of the BRICS countries that regulates the issues of legal responsibility for environmental
oenses. The authors consider aspects of the normative consolidation of the rights and
obligations of citizens in the eld of environmental protection, the types of legal liability
and the applicable sanctions for violations of environmental standards provided for by
the national legislation of all BRICS countries. The study of the environmental legislation
of the BRICS countries (Brazil, Russia, India, China and South Africa) reveals a number
of general and specic directions in environmental polic y with the aim of enriching
the said countries with positive experience, overcoming diculties in the organization
of environmental management and environmental protection, the prevention of
possible errors in the context of global economic and environmental crises, and making
recommendations for environmental improvement.
Improving the legislation of the BRICS countries in the field of legal liability for
environmental offenses by taking into account the positive experience of these
countries will help increase the effectiveness of prevention and rectification of
negative consequences for the environment in both the Russian Federation and the
BRICS association as a whole. Consequently, a comparative legal analysis of national
environmental legislation of BRICS countries sugg ests that the general principles of
ALEKSEY ANISIMOV, JULIA KAYUSHNIKOVA 83
responsibility for environmental oenses are inherent in all these countries, despite their
fundamental dierences in history, culture and geographical location.
Keywords: BRICS; environmental rights; environmental responsibilities; environmental
legislation; responsibility; environmental protection.
Recommended citation: Aleksey Anisimov & Julia Kayushnikova, Trends and Prospects
for Legislative Regulation of Legal Responsibility for Environmental O enses in BRICS
Countries: Comparative Law, 6(1) BRICS Law Journal 82–101 (2019).
Table of Contents
Introduction
1. Peculiarities of the Legislation of the BRICS Countries on Legal Liability
for Environmental Oenses
1.1. Federative Republic of Brazil
1.2. Republic of India
1.3. People’s Republic of China
1.4. Republic of South Africa
1.5. Legal Regulation of Legal Responsibility for Environmental Law
Violations in the Russian Federation
2. Suggestions for Improving Legal Responsibility for Environmental
Oenses in the Context of the BRICS Experience
Conclusion
Introduction
BRICS is an association of ve countries, the Federative Republic of Brazil, the
Russian Federation, the Republic of India, the People’s Republic of China and the
Republic of South Africa. Each of the member countries of the association has its
own unique legal features and environmental legislation due to the mentality of the
population and the level and nature of social, economic and legal development.1 These
factors aect the goals and the methods of the arrangement of land, mineral resources,
1 Ушаков И.В. Укрепление международно-политических позиций России в контексте экологической
дипломатии в рамках БРИКС и китайский фактор // Стратегия России в БРИКС: цели и инструменты:
Сборник статей [Igor V. Ushakov, Strengthening the International Political Positions of Russia in the
Context of Environmental Diplomacy of the BRICS Countries and the China Factor in Russia’s Strategy
Within BRICS: Aims and Instruments: Collection of Articles] 402 (V.A. Nikonov & G.D. Toloraya (eds.),
Moscow: RUDN, 2013).

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT