Classification of the Plant World as a Basis for the Formation of Floristic Law

Abstract

The article is devoted to the substantiation of the addition of natural resource law with the “Floral Law” branch. According to the author, not all flora has received proper legal foundation. As a basis for the definition of the plant world, it is proposed to use its classification according to two criteria: first, the territorial-target attribute of the lands on which plants grow; secondly, the sign of the usefulness-harmfulness of the plants themselves for the environment and humans. The legal of the last classification is superimposed on the first classification. The first classification allows us to consider floristic law in the widest possible way, including almost all types of flora. These relations are considered by various branches of law. In a narrow view, floristic law includes only landscaped urban areas located on the territory of settlements. These relations are currently regulated by regional legislation. This does not exclude the formation of an expanded understanding of floristic law, which, in particular, takes place in the Republic of Crimea. Basing on the analysis of the Russian legislation and laws on the flora of neighboring CIS states, the author comes to the conclusion that it is necessary to create the Federal Law “On the Flora of Russia” for setting the elements of both broad and narrow understanding of the scope of flora objects belonging to the floristic law: principles and tasks of floristic law (In the broadest sense), as well as establishing the competence of the regions, the scope of floristic law in a narrow (or extended) interpretation.