Trends and Prospects for the Formation of a National Model of Climate Legislation (Using the Russian Federation as an Example)

Abstract

The article identifies the main gaps and conflicts of the climate legislation of Russia, examines the ways to solve them and trends in the development of judicial practice to protect the climate rights of citizens. For the first time, the authors developed the category “conditions for the implementation of climate policy”, which represents legal instruments and procedures that are not directly climate-oriented, but which can be used to solve the climate problem, facilitating the implementation of the climate rights of citizens and their associations. The structure of the draft law “On Climate Protection in the Russian Federation” is substantiated, its main sections are outlined, the impossibility of including in such a law norms on climate torts is proven, the relationship of the norms of civil, administrative, financial, environmental law, together regulating climate problems, is revealed. The conclusion is substantiated that within the framework of the Russian legal system, a full-scale climate law is more promising than the currently existing framework law, since such an approach allows not only to respond to existing problems and threats, but also to implement the predictive function of law, to predict climate hazards in the future and to lay down a mechanism for their solution today.