Strategic planning documents and the issues of determining their place in regulation of environmental relations

Abstract

The objective of this work is to clarify the place and significance of strategic planning documents in the regulation of relations on environmental protection and nature management. The creation of strategic planning documents is caused by the implementation of the planning function, and therefore is not something new for management in the field of environmental protection and nature management. But, as we believe, the significance of such documents has greatly strengthened after the adoption of the Federal Law “On Strategic Planning in the Russian Federation”. Different types of strategic planning documents, through which regulation and management in the sphere of interaction between society and nature is carried out, are analyzed in the article. By their legal nature, strategic planning documents, if they contain legal norms, are normative legal acts and are usually approved by acts of the President of the Russian Federation, the Government of the Russian Federation, by orders of various ministries. At the same time, strategic planning documents contain provisions that, in their meaning, should be in legislative acts, as well as provisions that can influence the development of legislation on environmental protection and natural resources, create new trends in legal regulation, including those of them that are unconvincing in terms of implementation of the general principles of environmental legislation. In these conditions, a clear line between such documents, on the one hand, and legislative and other normative legal acts that traditionally regulate environmental relations, on the other hand, must be established. The author concludes that the delineation of the regulatory legal acts should be due to the rule, according to the constitutional foundations, of primary legal regulation exclusively at the legislative level or at the level by legal act of the President of the Russian Federation.