The fate of groundwater: a lawyer’s point of view

Dmitry Sivakov,Roman Osokin,Sergey Belyasov,Yury Truntsevsky,Oleg Karpovich,V Breskich,S Uvarova

doi:10.1051/e3sconf/202124412004

Abstract

The study of the provisions of various branches of Russian law and practice of law enforcement (judicial), which in different ways express the complex legal status of subterranean water bodies. During the study process of the considered question the following general and private methods of scientific cognition of the real and objective reality were applied: dialectical, logical and legal, statistical, system analysis, specific sociological, and professional methods of research. The peculiarity of the authors’ methodology is the use of data of natural science, as well as data of economic or technical properties, based on which legal ideas are developed. The comparative legal method of research is applied. The authors have analyzed, summarized, and synthesized the main approaches to the legal regulation of relations concerning groundwaters. The main provisions and proposals are compared with the domestic legislation and European Union law, its individual members (for example, Croatia). The example of the law of the state of Texas USA is given. Step by step, the legal status for the use and protection of subterranean water bodies has evolved into a qualitatively new phenomenon that absorbs all previous legal approaches and principles.

Highlights

Article 4 of the Federal Law of January 10, 2002, No 7-FL «On Environmental Protection» contains the following norm - objects of environmental protection from pollution, depletion, degradation, damage, destruction and other negative impacts of economic and other activities are components of the natural environment, natural objects, and natural complexes
There should be no production and consumption waste disposal facilities, cemeteries, abattoirs, or other facilities having a negative impact on the state of groundwater on the water abstraction areas of subterranean water bodies that are used or can be used for drinking and domestic water supply
Construction, reconstruction, commissioning, operation of water abstraction facilities associated with the use of subterranean water bodies, measures should be taken to prevent the negative impact of such facilities on surface water bodies and other environmental objects (Art. 59 of the Water Code of the Russian Federation)

Summary

Introduction

Article 4 of the Federal Law of January 10, 2002, No 7-FL «On Environmental Protection» contains the following norm - objects of environmental protection from pollution, depletion, degradation, damage, destruction and other negative impacts of economic and (or) other activities are components of the natural environment, natural objects, and natural complexes. There should be no production and consumption waste disposal facilities, cemeteries, abattoirs, or other facilities having a negative impact on the state of groundwater on the water abstraction areas of subterranean water bodies that are used or can be used for drinking and domestic water supply. Construction, reconstruction, commissioning, operation of water abstraction facilities associated with the use of subterranean water bodies, measures should be taken to prevent the negative impact of such facilities on surface water bodies and other environmental objects (Art. 59 of the Water Code of the Russian Federation)

Methods

Results

Discussion

Conclusion