Проблема деэкологизации природоохранного законодательства России и Казахстана в контексте формирования эколого-безопасного пространства ЕАЭС

Abstract

Introduction. The article analyzes the legal norms of Russia and Kazakhstan – the countries-members of the Eurasian Economic Union (EAEU). Materials and Methods. The legislation of these two EAEU countries on environmental protection and rational use of natural resources was considered within the framework of a risk-oriented approach. Special emphasis is placed on legislation on specially protected natural areas, resorts and other unique natural objects and complexes. Along with the current national law, the practice of its application is considered, as well as the current and possible rule-making in the future. Analysis. The article examined the current legal norms that contribute to the emergence of corruption, as well as developed practical recommendations aimed at overcoming this negative trend. The authors state attempts to lobby individual financial and economic groups for their commercial interests in the field of lawmaking, which at the current stage leads to the de-ecology of national legislation in the EAEU countries. This trend is illustrated by an example of the latest changes in legislation on specially protected natural areas in Russia and Kazakhstan, as well as active attempts to change legislation towards the liberalization of the protection regime. Similar trends in the deecologization of environmental and natural resource legal norms in the two EAEU countries are revealed. Results. It was concluded that the flaws in environmental policy in the post-Soviet countries entail insufficiency and inconsistency of the newly adopted norms. The authors identify such deficiencies and indicate their possible negative consequences for law enforcement. Options for solving existing and potentially possible problems in the EAEU countries are proposed, with a concurrent consideration of the possibility of receiving such solutions by other states at the stage of their economic integration within the Union.