Some legal problems of traditional environmental management by indigenous not numerous peoples of the North, Siberia and Far East
Автор: Grigorieva M.V.
Журнал: Социально-экономический и гуманитарный журнал Красноярского ГАУ @social-kgau
Рубрика: Право и социальные отношения
Статья в выпуске: 3 (3), 2016 года.
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The article considers the most important problems of indigenous peo-ples of the far North, such as the mechanism of the territories of traditional residence of indigenous minorities’ organization, the system and the types of land rights, legal regulation of traditional nature use. The aim of the study is the analysis of the legal regime of traditional nature use territories by in-digenous not numerous peoples of the North, Siberia and the Far East, as well as identification of shortcomings of the legal regulation and elaboration of recommendations to eliminate them through amendments to existing leg-islation. While writing the article dialectic, system, functional methods of re-search were used. The result of this study was proposals for improving the legal regulation of the procedure for the formation of territories of tradi-tional nature use by education areas at the Federal level as a matter of pri-ority; modifying the ordering types of land rights, including a proposal to increase term of uncompensated use of reindeer pastures for up to 25 years; a proposal for simplifying the procedure of licensing of traditional nature use or the abolition, except for specially protected species of flora and fauna. In conclusion one can say that many problems in the field of traditional na-ture use are related to the fact that formal legal recognition of customary rights does not make it actual. In this regard, further theoretical research on the problem of role and place of legal custom in system of sources of Russian law and its correlation with the normative legal acts and other sources of law, and the legal recognition of customary law enforcement practices is re-quired.
Indigenous, not numerous peoples of far north, tradition-al natural resources use, environment protection
Короткий адрес: https://sciup.org/140205682
IDR: 140205682