Аннотация и ключевые слова
Аннотация (русский):
The present research features the legal effect of environmental regulation on food security in the Russian Federation. The author analyzed the system of environmental regulation together with its legal instruments, and gave a legal assessment of its efficiency in providing safe environment and food products. The efficiency of the mechanism of environmental regulation affects the safety of products. However, the system of environmental regulation is large- ly represented by sanitary and hygienic standards and does not fully meet modern challenges. Meant as a basis for environmental and food security, the current environmental regulation takes into account neither local conditions nor the level of aggregate anthropogenic load on environment, thus failing to ensure the production of safe, high-quality food products. The study proves that there is an inextricable link between environmental regulation and environmen- tal safety, which has to be taken into account in state policy planning. By providing environmental safety, environ- mental regulation serves as the main means of food security. The author proposes to develop legislation on various types of environmental standards that would ensure food quality and security. The measures of food quality and se- curity should be based on the principles of environmentalisation and sustainable agriculture.

Ключевые слова:
Ecology, law, environmental regulations, environmental protection, food security, food quality, environ- ment, food, nutrition
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Economic activity produces a negative effect on the natural environment. As a result of prolonged anthro- pogenic impact, soil, water and other natural resources accumulate harmful substances, which subsequently poison humans and other living organisms. Harmful substances enter human body directly, via air and water, and indirectly, when one consumes products produced in adverse environmental conditions. In the latter case, pollution can take hidden forms and accumulate. As a result, its negative effect on human health can manifest itself in the future.

Economic activity is bound to affect the environment. Thus, there are three main issues in this aspect: 1) how to measure the extent of this effect; 2) how to introduce a scientifically based criterion that would assess the effect on the natural environment and human health; 3) how to minimize the impact of agriculture, industry, energy, etc. on the natural environment and its components.

Environmental regulation seems to provide a legal instrument to handle the matters. According to Russia’s 2025  Environmental  Security  Strategy,  environmental


regulation is one of its main mechanisms*. Ecological security means protection of the natural  environment and vital human interests from the possible negative im- pact of economic and other activities, as well as emer- gency situations of natural and man-made character and their consequences [1]. Hence, ecological security en- sures a certain level of life quality and allows people to live a full and safe life in the modern world. Ecological security exists along with other types of national secu- rity, such as economic, food, etc. No individual can be healthy and successful in an ecologically unfriendly en- vironment. The quality of food one consumes largely depends on the natural factors connected with raw mate- rials, e.g. how they were grown, processed, transported, etc. Even in a man-made environment, it is ecology that determines the effectiveness of all other types of safety.


* Strategiya ehkologicheskoy  bezopasnosti  Rossiyskoy  Federatsii na period do 2025 goda ‘O Strategii ehkologicheskoy bezopasnosti Rossiyskoy Federatsii na period do 2025 goda’ [Strategy of Environ- mental Security of the Russian Federation for the period up to 2025. ‘On the Strategy of the Environmental Security of the Russian Fede- ration for the Period up to 2025’]. Sobranie zakonodatelʹstva Rossiys- koy Federatsii [Collected Legislation of the Russian Federation], 2017, no. 17. (In Russ.).



Copyright © 2019, Lisina et al. This is an open access article distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), allowing third parties to copy and redistribute the material in any medium or format and to remix, transform, and build upon the material for any purpose, even commercially, provided the original work is properly cited and states its license.




The present study tries to solve the following concep- tual problems: 1) Can environmental regulation, as the main legal instrument of environmental safety, ensure food security in modern conditions? 2) If so, what are its legal means and how effective are they?



The study features a legal assessment of the efficien- cy of current environmental regulations that ensure food security in the Russian Federation.

It is based on the legislative idea of environmental regulation as a legal means of a) preserving a favourable environment, b) maintaining its safe level, c) reducing the negative impact of human activity on the environ- ment. The methodological idea behind the research is the interaction of the natural and social environments in hu- man habitat.

The author employed general methods, general scien- tific cognition methods, and such special legal methods as formal legal, comparative legal, interpretation of law, legal modelling, and legal forecasting methods.



According to Art. 19 of the Federal Law ‘On Envi- ronmental Protection’, environmental regulation pre- vents and (or) reduces the negative impact of economic and (or) other activities on the environment**.

The legal institute of environmental regulation has a long history. However, disputes regarding its legal na- ture, legal consequences, and classification do not sub- side [2–4, 24].

Environmental regulation reached its peak in 1938- 1991, when standards for water, air, soil, noise, and vibration were established. Their goal was to protect hu- man health, as well as the genetic fund of flora and fau- na. By the beginning of the 1990s, thousands of harmful substances had been standardized.

However, environmental  regulation  was limited  to independent but obligatory sanitary-hygienic rules. They were so tough that business entities simply could not comply with them. As environmental problems became more acute in the late 1980s, the existing approaches to the legal regulation had to be changed.

As a result, a compromise was reached between eco- nomics and ecology’ [5], which was reflected in the Law of the Russian Soviet Federative Socialistic Republic adopted on December 19, 1991, no. 2060-1 ‘On the Envi- ronmental Protection’***. Chapter IV ‘Quality regulation of the environment’ included the following standards:

  • maximum permissible concentrations of harmful sub- stances;
  • maximum permissible emissions and discharges of harmful substances;


** Federalʹnyy zakon7-FZ ‘Ob okhrane okruzhayushchey sredy’ [Federal Law No. 7-FL ‘On Environmental Protection’. Sobranie za- konodatelʹstva Rossiyskoy Federatsii [Collected Legislation of the Russian Federation], 2002, no. 2, Art. 133. (In Russ.).

*** Zakon RSFSR № 2060-1 ‘Ob okhrane okruzhayushchey prirod- noy sredy’ [Law of the RSFSR No. 2060-1 ‘On Environmental Protec- tion’]. Vedomosti Sʺezda narodnykh deputatov i Verkhovnogo Soveta Rossiyskoy Federatsii [News of the Congress of People’s Deputies and the Supreme Council of the Russian Federation], 1992, no. 10, Art.

457. (In Russ.).

  • maximum permissible levels of noise pollution, vibra-

tion, magnetic fields, and other harmful physical factors;

  • maximum permissible level of radiation exposure;
  • maximum permissible norms for the use of agrochemi- cals in agriculture;
  • maximum permissible residues of chemicals in food;
  • maximum permissible norms of environmental load;
  • environmental requirements for products, i.e. stan- dards for new equipment, technology, materials, sub- stances, etc.;
  • standards for sanitary and protected zones.

However, the standards for the use of natural resou- rces provided by Art. 19 were not directly included in the system of environmental regulation. They were part of the system of limits set up for environmental management.

Most of the standards listed in the law still had a sanitary-hygienic character and defined environmental quality indicators in terms of its safety for human health. Others concerned various activities of economic entities and set environmental restrictions and other require- ments for public health hazards. Their goal was to pro- tect the environment and human health [4].

According to Petrov [6], the system of environmen- tal regulation included three groups of standards. The first group included sanitary and hygienic  standards. The second group presupposed production and economic standards, which included technology, construction, and urban planning. The third group involved complex stan- dards, e.g. maximum permissible environmental stan- dards, standards for sanitary and protective zones, etc.

Crassov [7] allocated the following types of stan- dards:

  1. Environmental standards for maximum permissible concentrations of harmful substances. They included maximum permissible levels of physical impacts on the environment; standards for maximum permissible emis- sions and discharges of harmful substances; maximum permissible norms of environmental load; standards for sanitary protection zones.
  2. Sanitary and hygienic standards. Those stipulated by the Law ‘On Environmental Protection’ included norms for the use of agrochemicals and standards for maximum permissible residual quantities of chemicals in food. Others were provided by the Law ‘On Sanitary-Epide- miological Well-Being of the Population and Sanitary Rules and Norms’.
  3. Construction and urban planning regulations. They were part of regulatory and technical documents in the field of construction and included various rules, practic- es, and standards.

Brinchuk [8, 9] studied the legislation of the period of the Law ‘On Environmental Protection’ and existing state standards. He defined the following groups of envi- ronmental standards:

  1. Environmental quality standards, such as maximum permissible concentrations of harmful substances, max- imum permissible levels of harmful physical effects on the environment;
  2. Standards for maximum permissible harmful effects

on the environment, i.e. standards for maximum permis-




sible emissions and discharges of harmful substances;

  1. Standards for levels of noise, vibration, magnetic fields, and other harmful physical effects; standards ra- diation exposure;
  2. Maximum permissible norms for the use of agroche- micals and waste disposal limits;
  3. Standards for the use of natural resources, established by natural resource acts, which took into account the specifics of individual natural resources, as well as li- mits on environmental management;
  4. Environmental standards, i.e. such environmental re- quirements as standards for products and services;
  5. Regulations for sanitary and protective zones, inclu- ding security of industrial facilities.

Currently, environmental regulations and state standards in the field of environmental protection are separated from each other by the Federal Law ‘On En- vironmental Protection’. It seems logic enough, in spite of the fact that both have a common goal, i.e. to define certain mandatory rules of conduct or requirements aimed at providing environmental security. Environmen- tal regulation and standards are designed to ensure the quality of the environment and the permissible level of exposure. In this sense, they serve as a criterion for this quality. State standards act indirectly, through mandato- ry requirements for products, services, technologies, etc. Standards are one of the ways to ensure the normal ope- ration of regulations. They help to ensure the quality, minimize the negative impact on the environment, and contribute to the stabilization of its quality.

In the modern institute of environmental regulation, the system of environmental standards is presented from the standpoint of the Federal Law ‘On Environmental Protection’. It includes:

  1. Environmental quality standards, e.g. standards estab- lished for chemical, physical, and biological indicators of the state of the environment, etc.;
  2. Standards for permissible environmental impact of economic and other activities. They include standards for permissible emissions and  discharges;  technologi- cal standards; technical standards; standards for waste generation and limits on their disposal; standards for permissible physical impacts; standards for permissible removal of environmental components; standards for permissible anthropogenic load on the environment; and
  3. Other environmental standards.

Art. 28 of the Federal Law ‘On Environmental Pro- tection’ allows for the establishment of other types of en- vironmental standards. It does not specify which kinds of standards belong to this group. They can be estab- lished both by the regulatory legal acts of the Russian Federation and the normative legal acts issued by the constituent entities of the Russian Federation.

The science of environmental law reveals no consen- sus on which standards can be attributed to this group. These may include both standards that are not named di- rectly and those that meet the goals of ensuring environ- mental security and, thus, food security.

For instance, water quality objectives play an impo-


rtant role in maintaining a favourable environment****. They are established by schemes of integrated use and protection of water pools and include chemical, physi- cal, biological, radiation, and bacteriological indicators. They are based on a) the maximum allowable concen- trations established according to the type of water use;

  1. estimated conditional background concentrations of pollutants, determined by the results of systematic moni- toring; c) environmental standards, actually reflecting the state of the water body in the water sector.

Other types of environmental standards may also in- clude:

    1. Maximum permissible norms for the use of agro- chemicals, e.g. mineral fertilizers, plant protection pro- ducts, growth stimulants, etc.;
    2. Standards for chemical residues in food. Food must meet the requirements for the permissible content of chemical, biological substances and their compounds, microorganisms, and other biological organisms that pose a threat to the health of current and future gene- rations.

The establishment of a non-exhaustive list of legal environmental standards has a number of advantages. First of all, it is impossible to predict what specific stan- dards should be introduced with every new source of public hazard. Second, a flexible mechanism can make it possible to take into account not only the state of the en- vironment in a particular area, but also such local factors as the state of human health, the standard of living, and the need for food products of some particular quality.

In populated areas, the level of anthropogenic pres- sure on environmental components and initial resources of food production can be extremely high. It is impos- sible to reduce the amount of harmful substances in the air, water, and soil without taking into account the cu- mulative or caused harm and its specifics. As a result, food security depends on how effective the mechanism of environmental regulation is.

The harmlessness of products consumed by the pop- ulation is an important quality of life factor and a quality element of food security in general. The state of food se- curity in Russia is determined not only by the availabili- ty of sufficient food resources, but also by the economic and physical availability of food for all groups and cate- gories of the population. As follows from the Doctrine of Food Security of the Russian Federation*****, the safety of food supplied to the market ensures food security in general [10].

The problem of food security is believed to belong to the sphere of economic science [11, 12]. However, food safety issues are currently moving into the legal sphere and need to develop a legal support system adapted to modern challenges.

Very often, food security problems are considered


**** Vodnyy kodeks Rossiyskoy Federatsii [Water Code of the Rus- sian Federation adopted]. Sobranie zakonodatelʹstva Rossiyskoy Fe- deratsii [Collected Legislation of  the  Russian  Federation],  2006, no. 23, Art. 2381. (In Russ.).

***** Doktrina prodovolʹstvennoy bezopasnosti120 ‘Ob utver- zhdenii Doktriny prodovolʹstvennoy bezopasnosti Rossiyskoy Fede- ratsii’ [The Doctrine of Food Security no. 120 ‘On the Approval of the Doctrine of Food Security of the Russian Federation’]. Sobranie zakonodatelʹstva Rossiyskoy Federatsii [Collected Legislation of the Russian Federation], 2010, no. 5, Art. 502. (In Russ.).




from the point of view of food availability [13, 14]. Ac- cording to legal literature, food security should be un- derstood as a state of protection of citizens and the state from external and internal food threats. Domestic needs should be satisfied by guaranteed agricultural produc- tion, which provides every citizen with physical, eco- nomic, and social access to high-quality and safe foods for active and healthy lifestyle [15, 16].

Threats to food security  are  related  both  to  glo- bal food security trends and domestic issues. Thus, the World Health Organization defines the following prob- lems of global food safety: a) microbiological hazards; b) chemical food contaminants; c) new food technologies,

e.g. genetically modified foods; d) unstable food safety systems in many countries that fail to ensure a safe glo- bal food chain [17].

De-environmentalisation of Russian  legislation seems to be the main current national threat to domes- tic food  security.  Unfortunately,  environmentalisation is one of the most vulnerable links in a food security system. According to the Economic Security Strate- gy******, excessive environmental requirements are considered as a threat to the national economic securi- ty of the Russian Federation. Therefore, it is extremely difficult to find a balance between environmental, eco- nomic, and social interests in this closed cycle of legal relations. It is very hard to determine when the envi- ronmental requirements are justified and when they are overcharged.

For many decades, Russia exercised a sanitary-hy- gienic approach to environmental regulation. Formally and legally, it resulted in a split in the legal regulation of the establishment of environmental requirements in the field of food security. There were two directions: 1) requirements for the primary state of the potential raw material (soil, water, etc.) in natural conditions; 2) re- quirements for the so-called result, i.e. extracted natural resource, products, and other anthropogenic objects. At the same time, there remains a general trend of substi- tuting environmental requirements with sanitary and hy- gienic standards. It can be seen from the 2030 Strategy for Improving the Quality of Food Products in the Rus- sian Federation*******.

Neither Russian science nor legislation has a clear view of the relationship between the concepts of ‘pro- duct quality’ and ‘product security’. The Federal Law ‘On the Quality and Security of Food Products’ does not see them as equivalent. According to Art. 1, food quality refers to a set of characteristics of food products that can meet human needs for nutrition under normal conditions of their use. Food safety refers to a state of reasonable


****** Strategiya ehkonomicheskoy bezopasnosti Rossiyskoy Fede- ratsii na period do 2030 goda № 208 [Strategy for Economic Security in the Russian Federation for the period up to 2030 No. 208]. Sobranie zakonodatelʹstva Rossiyskoy Federatsii [Collected Legislation of the Russian Federation], 2017, no. 20, Art. 2902. (In Russ.).

******* Strategiya povysheniya kachestva pishchevoy produktsii v Rossiyskoy Federatsii do 2030 goda № 1364-r [Strategy for Impro- ving the Quality of Food Products in the Russian Federation for the period up to 2030 No. 1364-p]. Sobranie zakonodatelʹstva Rossiyskoy Federatsii [Collected Legislation of the Russian Federation], 2016, no. 28, Art. 4758. (In Russ.).


confidence that food products, under normal conditions of use, are not harmful and pose no health risks to cur- rent and future generations********.

At the same time, the abovementioned Strategy for Improving the Quality of Food Products does not see the concepts of quality and security of food products as identifiable. However, the document states a different re- lationship between them: the quality of food products, as a set of relevant characteristics, includes its security in order to preserve human health.

In any case, a question arises: what criteria are used to determine food quality, as well as its security? Ap- proaches to the legal regulation of food quality require- ments, including security, have changed.

According to the Federal Law ‘On Technical Regu- lation’********, it is mandatory to observe technical regulations on  food  security  for  all  producers,  while it is optional whether food quality should comply with national standards or not. This general rule is valid un- less there are established exceptions. There are currently many obligatory sanitary and hygienic requirements for quality and security of food products. Their violation may trigger administrative and other measures.

Undoubtedly, voluntary execution is the main disa- dvantage of the current legal regulation of quality and security of food products. The situation is getting even more aggravated since the mechanisms of state super- vision and control in this area are highly inefficient. It seems advisable to tighten the existing requirements since the lifespan of every individual depends on the quality of food products.

The quality and security of food products is also af- fected by the state of the natural environment in which raw materials are produced. The lower environmental risk factors, the healthier the raw materials and food pro- duction conditions. Ecological regulation serves the pur- pose of preventing and minimising the negative impact on the environment and its components. It helps to min- imize the accumulation of harmful substances in food raw materials.

The individual provisions of the Federal Law ‘On Environmental Protection’ contain environmental re- quirements at various stages of economic and other ac- tivities, as well as in various fields. According to Art. 47 of the Federal Law and Art. 14, 43 of the Federal Law ‘On the Sanitary-Epidemiological Well-Being of the Population’********, production and handling of poten- tially hazardous chemicals, including radioactive, and microorganisms are regulated by law. The Articles also


******** Federalʹnyy zakon № 29-FZ ‘O kachestve i bezopasnosti pishchevykh produktov’ [Federal Law No. 29-FL ‘On the Quality and Safety of Food Products’]. Sobranie zakonodatelʹstva Rossiyskoy Fed- eratsii [Collected Legislation of the Russian Federation], 2000, no. 2, Art. 150. (In Russ.).

******** Federalʹnyy zakon184-FZ ‘O tekhnicheskom reguliro- vanii’ [Federal Law No. 184-FL ‘On Technical Regulation’]. Sobranie zakonodatelʹstva Rossiyskoy Federatsii [Collected Legislation of the Russian Federation], 2002, no. 52 (part 1), Art. 5140. (In Russ.).

******** Federalʹnyy zakon52-FZ ‘O sanitarno-ehpidemiologich- eskom blagopoluchii naseleniya’ [Federal Law No. 52-FL ‘On Sani- tary and Epidemiological Well-Being of the Population’]. Sobranie zakonodatelʹstva Rossiyskoy Federatsii [Collected Legislation of the Russian Federation], 1999, no. 14, Art. 1650. (In Russ.).




provide the necessary toxicological and hygienic studies of these substances, establish the procedure for handling them, set up environmental regulations, and state regis- tration rules for potentially dangerous chemical and bio- logical substances and certain types of products.

Ecological regulation is an important legal instru- ment that regulates the production and handling of po- tentially hazardous chemicals. However, as far as the content in food is concerned, it is mostly reduced to sa- nitary and hygienic standards. According to The Russian Federal Service for Surveillance on Consumer Rights Protection and Human Wellbeing (Rospotrebnadzor), the content of harmful substances in products in 2017 did not exceed the figures for 2016. On the contrary, there was a slight decrease in the total share of domestic and imported products that did not meet the regulations for chemical and microbiological pollutants. However, 2017 saw an increase in certain types of products that did not meet the standards for microbiological indicators, name- ly meat and meat products, flour and cereals, bakery products, canned food, and vegetables [18].

State registration is an effective  legal  instrument that prevents production, transportation, purchase, sto- rage, sale, and use of potentially dangerous chemical and biological substances, as well as certain types of products. The Federal Register of Potentially Hazardous Chemicals and Biological Substances reflects potentially dangerous chemical, biological substances, and prepara- tions, introduced into production or previously unused. It also reflects potentially dangerous products as well as certain types of products, including foods, imported into the territory of the Russian Federation for the first time.

The current plurality and fragmentation of legal norms is a significant drawback of the legal mechanism for regulating the production and handling of potentially dangerous chemical and biological substances. The on- going debate on legal regulation does not make it easier. It seems expedient to expand the scope of legal regula- tion of environmental legislation. It should cover the pro- tection of the natural environment, the favourable state of which contributes to the life quality, as well as to the protection of human life and health from adverse envi- ronmental risks. There is still a need to develop a special legislative act that would regulate the production and handling of potentially hazardous chemical and biologi- cal substances in the Russian Federation.

Art. 49 of the Federal Law ‘On Environmental Pro- tection’ provides special requirements and environmen- tal measures for the use of chemicals in agriculture and forestry. They are further developed in the Federal Law ‘On the  Safe  Handling  of  Pesticides  and  Agrochemi- cals’********, as well as in registration tests, exami- nations,  licensing,  standardization,  certification,  state supervision, and control of pesticides and agrochemicals. Agricultural lands are one of the most valuable cate- gories of land and a strategic resource for ensuring food security.  Legal  measures  for  their  protection  are  the main means of achieving the goals of food quality and


******** Federalʹnyy zakon109-FZ ‘O bezopasnom obrashchenii s pestitsidami i agrokhimikatami’ [Federal Law No. 109-FL ‘On the Safe Handling of Pesticides and Agrochemicals’]. Sobranie zakono- datelʹstva Rossiyskoy Federatsii [Collected Legislation of the Russian Federation], 1997, no. 29, Art. 3510. (In Russ.).


security. Population obtains the overwhelming majori- ty of food products (up to 99%) from agricultural soils. However, the basis of agricultural production is de- stroyed in the process of their exploitation, together with the environment. Hence, the National State Programme for the development of agriculture and the regulation of markets for agricultural products, raw materials, and food******** is ecologically oriented. It is aimed at pre- venting the effect of natural and anthropogenic factors on land, water, and other natural resources, including those involved in agricultural circulation. The mecha- nisms of state support which the Programme provides for agriculture are aimed at ensuring the quality of ag- ricultural products. The Programme increases environ- mental safety, preserves the resource potential of soil, prevents water pollution, improves drainage and culti- vation systems, and prevents uncontrolled breeding of plants and animals.

Soils are the most vulnerable type of land. The Fede- ral Law ‘On State Regulation of Ensuring Fertility of Agricultural Lands’******** has failed to improve the state of Russian soil. According to the Ministry of Ag- riculture of the Russian Federation, 35% of arable lands have high acidity, 31% demonstrate low humus content, 22% have phosphorus deficiency, and 9% reveal potas- sium deficiency. Large areas of land are subject to water and wind erosion, salinization, acidification, overgro- wing by shrubs and underbrush, desertification, and other negative processes [19].

The agrochemical condition of the soil was aggrava- ted by natural and man-made factors, including the low level of environmental management in the field of agri- culture in 1990–2007. For instance, organic fertilizers were introduced into the soil twice as rarely as before. The area of pesticide-laden agricultural land is increas- ing. The Federal Law ‘On the Safe Handling of Pesti- cides and Agrochemicals’ seems to be of no help. So are the measures of legal liability, including criminal liabili- ty, for deterioration of land and for not conducting man- datory improvement activities.

Apparently, the reasons lie in the absence of real ac- tion on the implementation of agrarian policy and a lack of state support for environmental-oriented economic entities and agricultural producers. According to Ignati- eva [20], the fragmented nature of economic regulation does not give positive practical results. The norms of en- vironmental legislation are nothing but declarations that express the future intentions of the state.


******** Postanovlenie Pravitelʹstva Rossiyskoy  Federatsii  №  717 ‘O Gosudarstvennoy programme razvitiya selʹskogo khozyaystva i regulirovaniya rynkov selʹskokhozyaystvennoy produktsii, syrʹya i prodovolʹstviya’ [Resolution of the Government of the Russian Fede- ration No. 717 ‘On the State Programme for the Development of Ag- riculture and Regulation of Agricultural Products, Raw Materials, and Food Markets’]. Sobranie zakonodatelʹstva Rossiyskoy Federatsii [Collected Legislation of the Russian Federation], 2012, no. 32, Art. 4549. (In Russ.).

******** Federalʹnyy zakon101-FZ ‘O gosudarstvennom reg- ulirovanii obespecheniya plodorodiya zemelʹ selʹskokhozyaystvenno- go naznacheniya’ [Federal Law No. 101-FL ‘On State Regulation of Ensuring Fertility of Agricultural Lands’]. Sobranie zakonodatelʹstva Rossiyskoy Federatsii [Collected Legislation of the Russian Federa- tion], 1998, no. 29, Art. 3399. (In Russ.).




The Ministry of Natural Resources and Environment of the Russian Federation reported on the state of the en- vironment and proposed some directions for improving the environmental security in the field of agriculture:

  • to consider natural and climatic features while impro- ving the legislation in the sphere of the agro-industrial complex;
  • to recognize natural and environmental factors as cri- tical for effective agriculture and rational distribution of agricultural production;
  • to give priority to environmental management over traditional, short-term benefit-oriented agricultural economy;
  • to set up balance between agricultural activities and the ecological capacity of a specific area, i.e. sustainable agriculture;
  • to increase the amount of perennial grasses and le- gumes;
  • to ensure stability of agricultural production by im- proving soil fertility with the help of natural perennial protective cover;
  • to develop the system of agrolandscape-ecological zoning;
  • to optimise the type and structure of cultivated areas by analysing local climatic conditions, landscape fea- tures, and soil properties;
  • to subsidise some agricultural producers to let them undertake measures for land care and soil fertility reco- very;
  • to issue state orders for the development of new-gene- ration agricultural technologies in the system of adaptive landscape farming;
  • to restore the management system of agricultural land resources, introduce new functions and improve the exi- sting ones, i.e. land management, agro-ecological moni- toring of land, inventory, agro-ecological regulation, de- velopment and updating of targeted schemes for the use and protection of land in various regions of the Russian Federation and municipalities;
  • to prioritise protection of valuable agricultural lands;
  • to adapt agriculture to global climate change;
  • to create an assessment system of agro-climatic re- sources for their rational use; and

to develop and improve scientific research in the sys- tem of agrochemical services, including environmental risk assessment, regulations, chemical safety, etc.

Environmentalisation and sustainable agriculture are the main principles of the system of measures aimed at improving the efficiency of organization and farming. Without them, food quality and security cannot be im- proved.

Other documents on the socio-economic development of the Russian Federation and its regions also feature en- vironmentalisation of socio-economic development. En- vironmentalisation is meant to create a unified system of economic mechanisms for environmental manage- ment and environmental protection. It should result in innovative projects, energy efficient and resource-saving technologies, and environmentally safe technological processes. In addition, environmentalisation is aimed at


developing scientifically based environmental norms and standards. Environmental legal mechanisms have to be introduced into the system of state policy measures in agriculture. The natural environment is the basis of life and human activities. It provides opportunities for the socio-economic development of every individual. Thus, natural environment and resources deserve respect and careful attitude. Clean environment provides safety and life quality, which includes food.

Legal regulation in environmental sphere is extreme- ly complexfor two reasons. First, it should make the established patterns of environmental relations favou- rable both for the environment and the population. Se- cond, it has to resolve socio-economic problems identi- fied by strategy-planning.

The principle of sustainable agriculture reflects the global trend towards balanced and harmonious social, economic, and environmental development. ‘Sustainable development’ means continuously supported, self-sus- taining, admissible, and balanced development. The term was introduced by the United Nations Internatio- nal Panel on Environment and Development  in 1987. This kind of development meets the needs of the present without compromising the ability of future generations to meet their needs [1].

At the International  Conference  in  Rio  de  Janei- ro (1992), sustainable development was recognized as a process of environmental changes in which economy, ex- ploitation of natural resources, investment, science and technology, and personality development work together to strengthen the present and future potential of huma- nity to meet its needs********. This is how the term was explained in the final document of the Conference, after which it became global [21]. However, the term can be interpreted differently and remains dynamic, open, and changing. There are more than 80 uses of the term ‘sus- tainable development’ in scientific literature.

The principles of sustainable development have been put into practice in different countrieswith variable success. Nevertheless, as it was noted at the RIO+20 Conference The Future We Want, people must continue to fulfil the tasks set in 1992 to harmonize the relations between the society and the nature, economic and social development in the interests of present and future gene- rations.

Russia adopted the traditional approach to sustain- able development as a balanced, environmentally sound social and economic development. As evidenced in prac- tice, the implementation of legal norms on sustainable development is extremely inconsistent, and their mere formal legal fixation is not enough.

There are independent legal regulations concerning environmental requirements for genetically modified organisms in the Federal Laws ‘On Environmental Pro-


******** Deklaratsiya Rio-de-Zhaneyro po okruzhayushchey srede i razvitiyu. 3–14 iyunya 1992 g. Povestka dnya na ХХI vek (Povestka 21) [Rio de Janeiro Declaration on Environment and Development. June 3-14, 1992, Agenda 21]. Available at: http://www.un.org/ru/documents/decl_conv/declarations/rio- decl.shtml. (27 March 2019).




tection’ (Art. 50) and ‘On State Regulation of Genetic Engineering Activities’********. The rapid development of genetic research in biology and medicine makes it possible to use their results in agriculture, food industry, and pharmacy. Hence, the direction has acquired parti- cular relevance. Since the very onset of genetic engi- neering, scientists all over the world have been discus- sing the possible risks for the natural environment and humans. Abroad, the legal regulation of GMOs is deve- loping in different directions. On the one hand, the em- phasis is on the legal regulation of their production. On the other, the focus is on the legal regulation of the pro- duct and its properties.

In spite of the fact that the GMO issue remains un- resolved, the Russian legislators have developed a whole range of legal instruments for handling GMOs. These in- clude licensing certain types of GM activities, certifica- tion, registration of GMOs, and legal liability (including criminal) for violating the rules.

In Russia, GMOs cannot be used for some categories of population and products. For instance, GMOs can- not be included in dairy products and juices designed for children. Also, there are the technical regulations complied by the Customs Union on the safety of cer- tain types of specialized food products********. They ban GMO from foods meant for  pregnant  and  lacta- ting women, as well as from dietary therapeutic and prophylactic foods.

Thus, if a direct ban on the use of GMOs is not in- stalled, their use is permissible. However, it is the matter of consumer rights protection. Producers must inform the consumer on the presence of GMOs in the raw mate- rials or products. Consumers then choose by themselves whether to purchase such products or not. As a result, consumers are made responsible for their health, regard- less of whether they are aware of the possible benefits or harms of GMOs or not.

This is a matter of a deeper legal problem. Accor- ding to the constitutional provision of Art. 42, everyone has the right for a favourable environment, reliable in-


******** Federalʹnyy zakon № 86-FZ ‘O gosudarstvennom regulirovanii v oblasti genno-inzhenernoy deyatelʹnosti’ [Fe- deral Law No. 86-FL ‘On State Regulation of Genetic Engi- neering’. Sobranie zakonodatelʹstva Rossiyskoy Federatsii [Collected Legislation of the Russian Federation], 1996, no. 28, Art. 3348. (In Russ.).

******** Reshenie Soveta Evraziyskoy ehkonomicheskoy komissii  №  34   ‘O   prinyatii   tekhnicheskogo   reglamen- ta Tamozhennogo soyuza ‘O bezopasnosti otdelʹnykh vidov spetsializirovannoy pishchevoy produktsii, v tom chisle die- ticheskogo lechebnogo i dieticheskogo profilakticheskogo pi- taniya’ (vmeste s ‘TR TS 027/2012. Tekhnicheskiy reglament Tamozhennogo soyuza. O bezopasnosti otdelʹnykh vidov spet- sializirovannoy pishchevoy produktsii, v tom chisle dietiche- skogo lechebnogo i dieticheskogo profilakticheskogo pita- niya’) [Decree of the Council of the Eurasian Economic Com- mission  adopted  No.  34  ‘On  the  adoption  of  the  technical


formation about its condition, and for compensation for health or property damage caused an environmental of- fence******** [22]. In addition, the use of GMOs is also related to environmental legislation. GMOs might da- mage the natural properties of ecological systems and their elements or upset the natural balance. This may lead to previously unknown direct or indirect risks to the natural environment and human health. Considering va- rious aspects of the natureman sphere [23], it seems incorrect that the legislator appeals to civil law  and shifts the burden of responsibility for their health to the consumers themselves.

In the framework of the current legislation, Rospo- trebnadzor regularly checks economic entities for the use of GMOs in their food products. According to Rospotrebnadzor, 26,019 food samples were examined for the presence of GMOs in 2017. Of these, 17 were found to contain GMOs, which is a little more than in 2016. In 2017, the share of samples with identified GMOs was 0.07%, in 20160.05%. At the same time, the share of samples in imported products in 2017 increased sig- nificantly from 0.06% to 0.77%, compared to 2016. In the vast majority of cases, producers inform about the content of GMOs: only one product out of the abovemen- tioned 17 samples lacked information on the presence of GMOs. In 2012, there was no GMO-related information in 13 cases out of 22 [18].

According to the idea of sustainable development, food  security   should   be   environmentally   oriented. It means that  not  only  the  so-called  environmental- ly friendly raw materials should be used, but also that waste generation should be avoided.

Art. 24 of the Federal Law ‘On Environmental Pro- tection’ establishes standards for production and con- sumption waste and its disposal. The negative impact of production and consumption waste cannot be underes- timated. Its causes soil, air, and water pollution and af- fects human health via pollution of natural resources and biological contamination. Huge areas of forested, agri- cultural, and populated lands are occupied by landfills. The legislation regarding the disposal of production and consumption waste is currently undergoing some chan- ges. It is important to restructure the existing landfills to improve waste storage and disposal. However, it is of even greater importance to eliminate accumulated harm and prevent it in the future.

The efficiency of production  and  consumption waste management requires well-coordinated and pro- gressive work in relevant areas and depends on the fol- lowing factors.

  1. Environmental factor takes into account: a) the natu- ral characteristics of regions and municipalities, b) the state of the local environment and its components, c) the anthropogenic load on the environment and its compo- nents according to the population size, etc.


regulations of the Customs Union ‘On the safety of certain                                                                          


types of specialized food products, including dietary medical and dietary preventive foods’ (together with TRCU 027/2012 ‘Technical Regulations of the Customs Union ‘On the safety of certain types of specialized food products, including dietary medical and dietary preventive foods’)]. Available at: http:// www.tsouz.ru. (27 March 2019).


******** Konstitutsiya Rossiyskoy Federatsii, prinyata vsenarodnym golosovaniem 12.12.1993 [Constitution of the Russian Federation adopted by  popular  vote  on  December 12, 1993]. Sobranie zakonodatelʹstva Rossiyskoy Federatsii [Collected Legislation of the Russian Federation], 2014, no. 31, Art. 4398. (In Russ.).




  1. Financial and economic factor includes: a) real state support of environmentally oriented businesses; b) tar- geted expenditure of environmental fees; c) co-financing of waste management measures.

3) Legal factor requires adoption of a significant number of legal acts on a) national standards aimed at turning the sphere of waste disposal into an innovation industry;

b) reclaiming disturbed lands; c) a stricter legal liability for violations in this area; d) garbage sorting, e) role of municipalities in solving the problems of waste disposal and landscaping.

4) Social  factor  establishes  the  partial  responsibility of local citizens for cleaning adjacent territories from wastes and maintaining them in proper condition.

Methodological invariance remains a significant drawback of environmental regulation development. Unfortunately, current environmental legislation takes components of the natural environment and  the  sou- rces of environmental hazard separately. The severe an- thropogenic load on the environment results in the fact that there is no differentiation between environmental hazards from various sources. Taken together, the con- sequences cause a greater damage to environment and human health than if the standards were observed sepa- rately. These specifics are not taken into account when establishing environmental and sanitary standards. The combined effects of chemicals and other substances may cause more harm to nature and human health, both di- rectly and indirectly, including via food consumption.



The research resulted in the following conclusions:

  1. Ecological regulation is a legal way of determining the quality of the environment and regulating the per- missible impact of economic and other activities on the environment. It maintains the ability of nature to restore

itself. Ultimately, ecological regulation provides favou- rable conditions for human life, prevents harm to human life and health, thus contributing to food security.

  1. Environmental regulation and food security are close- ly and inextricably linked. Environmental regulation en- sures the state of environmental security and, as a result, is the main means of ensuring food security.

3) To be efficient, food safety measures should be eco- logical. When establishing standards that ensure envi- ronmental and food security, it is necessary to take into account local natural and geographical conditions, the amount of accumulated harm and the total anthropoge- nic load on the territory. Such precociousness will make it possible to calculate the prospective environmental risks and their consequences for the nature and human health in a certain area.

  1. Legislative and law enforcement practices show that most of the existing standards in food security are of sanitary and hygienic character. They  form  the  qua- lity of the human environment to protect human health. However, the current state of affairs requires unification of legal regulation in the field of environmental and sani- tary-hygienic regulation. A unified system will extend environmental regulation into all types of environmental standards, including those that ensure the food quality and security.
  2. Agriculture is a strategic resource for ensuring food security. Thus, the idea of sustainable development in agriculture fits perfectly into the general world trend of modern socio-economic development, which is based on an ecological approach. This provision should be taken into account when shaping the state policy in the sphere of food security.



The authors declare that there is no conflict of inte-

rest related to this article.


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