Problems of development of environmental legislation in the states of the eurasian economic union at the present stage

Abstract

The article is devoted to the analysis of environmental legislation and some of its corruptogenic factors in the countries of the Eurasian Economic Union (EAEU). The analysis of the current legal norms that are conducive to corruption is carried out. Practical recommendations aimed at overcoming this negative trend have been developed. The authors recognize the existence of attempts by individual social groups to lobby their commercial interests in the field of lawmaking, which at the present stage leads to the de-ecologization of national legislation in a number of the EAEU countries. Similar trends of de-ecologization of the norms of environmental protection and natural resources legislation in different EAEU countries are revealed. The problem of corruption in the field of natural resources management and environmental protection is investigated comprehensively in order to show how this negative social phenomenon reduces the effectiveness of state environmental policy. The study provides the most typical examples of corruption-related norms of environmental and natural resource legislation and provides recommendations for improving the effectiveness of its anti-corruption expertise. The paper substantiates the need to apply a risk-based approach to any planned changes in the environmental and natural resource legislation of the EAEU countries. The regulatory legal acts of the EAEU member states in the field of natural resource relations should be finalized or supplemented to contain explicit provisions concerning the legal regulation of the use of natural resources, including by foreign legal entities. They should establish preferences for economic entities registered in the EAEU member states. This concerns both the natural resource legislation and the legislation on investment activities. The article reveals a large number of legal problems to be eliminated in the ecological and natural resource sphere of the EAEU and provides recommendations for improving the relevant norms at the international and national levels.