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The development of the constitutional foundations of environmental safety in modern Russia

EDN: OWXYYN

Abstract

Introduction. The dynamic development of public relations, the emergence of new environmental risks, challenges related to climate change and the technological transformation of the economy, sharply raise the question of the need to improve the constitutional and legal framework in this area. This is not only about targeted amendments, but also about the systematic understanding and development of the entire set of legal norms designed to guarantee environmental safety as a public good.

Purpose. The study of the current state of legislation in the field of environmental safety in the Russian Federation and the identification of ways to improve the constitutional and legal foundations of its provision.

The theoretical and methodological basis of the work was an analysis of the current environmental legislation, the works of researchers in the field of environmental safety and its constitutional and legal foundations.

Results and conclusions. Improving the constitutional and legal foundations for ensuring environmental safety in the Russian Federation is not just a legal or technical task, but a strategic necessity for the country's sustainable development. The Constitution of the Russian Federation sets a high standard, enshrining the right to a favorable environment and recognizing natural resources as the basis of peoples' lives. However, these declarative provisions remain insufficiently implemented due to the lack of a holistic concept of public administration and the fragmented nature of legal regulation.

To solve this problem, it is necessary: a) to legally define key concepts («favorable environment», «environmental safety», «acceptable risk») in federal law; b) to consolidate procedural guarantees, including a simplified procedure for judicial protection of environmental rights, the obligation of strategic environmental assessment for government programs and plans; c) a clear distribution of powers and responsibilities between the federal center and the regions based on article 72 of the Constitution, excluding the «blurring» of responsibility.

Overcoming the systemic problem of the current state of legislation in the field of environmental safety obviously requires: 1. Development and adoption of the Federal Law «On Environmental Safety in the Russian Federation» as a system-forming act that will provide a clear definition, establish principles, delineate responsibilities and create effective risk management mechanisms. 2. The subsequent codification of environmental legislation in the form of the Environmental Code of the Russian Federation, which will eliminate contradictions, unify approaches and build a unified legal system subordinated to the common goal of ensuring environmental safety.

Only on the basis of such an integrated approach is it possible to build a solid constitutional and legal model capable of harmonizing environmental, economic and social interests.

About the Author

P. P. Baranov
Russian Presidential Academy of National Economy and Public Administration, South-Russian Institute of Management
Russian Federation

Pavel P. Baranov – Honored Scientist of the Russian Federation, Dr. Sci. (Law), Professor, Head of Department of Constitutional and Municipal Law

Rostov-on-Don



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For citations:


Baranov P.P. The development of the constitutional foundations of environmental safety in modern Russia. North Caucasus Legal Vestnik. 2026;(2):107-115. (In Russ.) EDN: OWXYYN

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ISSN 2074-7306 (Print)
ISSN 2687-0304 (Online)