I.A. Ignateva

Legal custom is not an accepted source of law in environmental law and legislation, as in the whole system of Russian law and legislation. All the few direct indications of this source of law in the regulation of environmental relations are analyzed in the article. Part of the cases of application of customs in the regulation of use of natural resources and environmental protection is due to the availability of authorization of the application of this source of law in related sectors of legislation.

The article emphasizes the main features of the state of legal regulation of the function of supervision in the field of waste management. State supervision in the field of waste management is an integral part of state environmental supervision. In this regard, the legal regulation of state environmental supervision is largely used to regulate the supervisory activities in the field of waste management. The types of state supervision in the field of waste management — federal and regional — are also distinguished according to the lists of objects of state environmental supervision. The specificity of state supervision in the field of waste management in this situation lies primarily in the list and content of the requirements in the field of waste management, which are mandatory for compliancewith the subjects of activities in the field of waste management.

The article systematizes approaches to the consideration of objects that stand out in environmental law. The issues of including in the list of environmental protection objects those natural objects that are not defined in law — soils, flora, and also for which it is impossible or difficult for various reasons to develop legal regulation — ozone layer, the Universe, climate, etc. The urgency of the problem of accounting for objective, natural science, technical and other limits for the creation and development of legal regulation in relation to a number of objects is emphasized.

The article discusses the legal nature of public control in the field of waste management in comparison with other types of control and supervision activities, environmental management functions, a separate type of public control — public environmental control. An analysis of the relationship between the legal regulation of public control in the field of waste management and the legal regulation of public environmental control, as well as public control in general, was carried out from a formal and substantive point of view. The vagueness of legal regulation in some aspects makes it impossible to unambiguously identify cases where relations regarding the implementation of public control in the field of waste management are regulated with those features that are established in the legislation on environmental protection. The legislation on public control can be applied to public control in the field of waste management, with normatively established exceptions and with the obligatory taking into account the general conclusions of the science of environmental law.

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.

The teleological approach, which is based on comparing the obtained result with the set goals, is often used to determine the effectiveness of legal regulation of environmental relations. The correct formulation of goals in environmental legislation and taking into account a number of relevant factors affecting formulation of the goals, can increase the accuracy of determining the effectiveness of environmental legal regulation. The aim of the study is to establish the key characteristics of the goals of legal regulation of environmental relations, which lead to a correct determination of the effectiveness of the regulation. The task of analyzing the goals enshrined in the legislation in the aspect of identifying their clarity and unambiguity is set. The problem of the increased role of economic interests in the legal regulation of some social relations that are closely connected to environmental ones was raised. Because of this, the state of the environment is excluded from the overall assessment of effectiveness. There are shown examples of laws that are actually ecologized due to the essence of regulated relations and due to the presence of norms of environmental law in them, but in which are not goals that have bound to the regulation of the impact of economic or other activities on the environment. Some of the new institutions of environmental law are assessed as ambiguous in terms of targeting. It is emphasized that the goals of regulating of environmental relations are based on the concept of a favorable environment. It is concluded that environmental interests, if any, should be reflected in the setting of legal goals. The conditionality of goals by the existence of environmental interests, the clarity and transparency of their formulations, in their part, entail the correctness and completeness of determining the effectiveness of environmental legal regulation.