Razgeldeev N.T., Krepitsa V.Yu. Current Legal Issues of Access to Environmental Information through Information and Telecommunication Networks
DOI: https://doi.org/10.15688/lc.jvolsu.2017.2.1
Nazir T. Razgeldeev, Doctor of Juridical Sciences, Professor, Head of the Department of Criminal, Ecological Law and Criminology, Saratov State University, Volskaya St., 10a, bldg. 12, office 505, 410000 Saratov, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it.
Valeriy Yu. Krepitsa, Head of the Legal Department, Saratov Branch JSC “ER-Telecom Holding”, Rabochaya St., 145a, 410012 Saratov, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it.
Introduction: the availability of information in the field of environmental protection is one of the tools of realization by the subjects of environmental and natural resource relations of their legal status. In this connection, the research of the issues of legal regulation of the citizens’ access to this information both by the environmental legislation and the legislation on information, allows identifying the problems of the legislative regulation of the specified relations, as well as the law enforcement. The purpose of the article: the authors attempt to identify the regulatory legal acts in the sphere of environmental protection and in the sphere of information, which regulate the relations in the sphere of ecological education and environmental information, and to analyze the impact of the enforcement of these norms on the behavior of participants of information relations in the sphere of environmental protection. Methods: in the article the methods of comparative and system analysis are used. Results: the article reviewed the topical problems of enforcement of the provisions of Federal law No. 7-FZ of January 10, 2002 “On Environmental Protection” on environmental education and ecological knowledge in conjunction with the provisions of the information legislation of the Russian Federation; assessed the impact of the practice in the application of norms on the responsibilities and duties of communications service providers and the Internet access providers on the information availability in the field of environmental protection; identified the conflicts between the norms of legislation in the sphere of environmental protection and the provisions of the information legislation; covered the risks emerging during the implementation of the provisions of Federal law No. 436-FZ of December 29, 2010 “On Protecting Children from Information Harmful to their Health and Development” for the subjects of the educational relations in the sphere of environmental protection. Conclusions: the relations in the sphere of environmental education and environmental information are regulated by both the statutory regulations of environmental protection and the legislation in the sphere of information, each of which has its own subject of regulation, the subject-object structure, and the principles of legal regulation. The encumbrance of the legal status of participants of these relationships by additional responsibilities may have a significant stagnating effect on the regulated relationships, in this case, the relations in the sphere of ecological education and information on environmental protection through the information and telecommunications networks. We believe that the development of such acts must be accompanied by a calculation of costs that would be borne by participants of these relations, and by the prognosis of the impact of changes on the subjects’ behavior.
Key words: ecological education, ecological knowledge, communications service providers, Internet access providers, environmental legislation.
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