Modern trends in the development of environmental emergencies legislation: Theoretical and legal aspects

Abstract

The article is devoted to the study of modern trends and prospects for the development of the ecological emergencies legislation of the Russian Federation, in the context of ecological and biological risks growing exponentially. The conclusion is manifested that ecological and biological safety is a complicated and not fully studied subject of legal regulation, as a result of which currently there is no single systematized legislative and regulatory, and methodological framework that allows to identify, take into account, determine and classify all possible features and conditions for assigning some or others risks and threats to an emergency of a natural and, in particular, biological disaster. For the achievement of the goals set, it is necessary to improve the regulatory legal framework, to ensure the Legal Harmonization of the Russian Federation on the basis of the principles of environmental and biological safety and the doctrine of the national security. The most important factor for the environmental emergencies typology should be not the degree (size) of damage, but the speed of response, the situation analysis, the application of a risk-oriented approach, the assignment of an immediate decision-making algorithm, criteria and principles of responsibility not for the non-elimination of consequences, but for not taking identifying and preventive actions. Establishing of a special grade (level) of ecological emergencies in the legislation also requires the adoption of a group of legislative acts and making amendments to the existing legislation, starting from the strategy planning acts to the technological and city-planning norms aimed at preventing (reducing the risk) of an ecological disasters, emergencies, and also the elimination of their consequences by implementing a set of measures to recover devastated areas.