{"title":"俄罗斯环境保护机制中的环境保险:如何借助法律手段提高其效率?","authors":"A. Anisimov, Buynta Injieva, A. Ryzhenkov","doi":"10.1108/jppel-12-2022-0036","DOIUrl":null,"url":null,"abstract":"\nPurpose\nThe purpose of this study is to formulate a proposal to fill the gap in national legislation, which will increase the effectiveness of mandatory environmental insurance.\n\n\nDesign/methodology/approach\nThis is a review of scientific doctrine and legislation, which shows the problems and prospects for the development of mandatory environmental insurance on the example of one country.\n\n\nFindings\nAt the moment, environmental insurance in Russia is at the very beginning of its development. Despite the experiments carried out and fragmentary references in the law, there is a classic example of a gap in the law, when the procedure provided for by the norms of law lacks a clear implementation mechanism. To fill this gap and increase the effectiveness of environmental insurance, the authors propose to clearly localize the scope of its operation, fixing the obligation of environmental insurance only for objects that have a significant or moderate negative impact on the environment (objects of categories I and II), provided for by the Federal Law “On mandatory Environmental Protection.”\n\n\nOriginality/value\nA new concept of a mandatory environmental insurance contract is substantiated, which optimizes civil liability for causing harm to the environment, life, health and property of citizens (property of legal entities) as a result of accidents and man-made disasters.\n","PeriodicalId":41184,"journal":{"name":"Journal of Property Planning and Environmental Law","volume":"184 1","pages":""},"PeriodicalIF":0.8000,"publicationDate":"2023-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Environmental insurance in the mechanism of environmental protection in Russia: how to improve its efficiency with the help of law?\",\"authors\":\"A. Anisimov, Buynta Injieva, A. Ryzhenkov\",\"doi\":\"10.1108/jppel-12-2022-0036\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"\\nPurpose\\nThe purpose of this study is to formulate a proposal to fill the gap in national legislation, which will increase the effectiveness of mandatory environmental insurance.\\n\\n\\nDesign/methodology/approach\\nThis is a review of scientific doctrine and legislation, which shows the problems and prospects for the development of mandatory environmental insurance on the example of one country.\\n\\n\\nFindings\\nAt the moment, environmental insurance in Russia is at the very beginning of its development. Despite the experiments carried out and fragmentary references in the law, there is a classic example of a gap in the law, when the procedure provided for by the norms of law lacks a clear implementation mechanism. To fill this gap and increase the effectiveness of environmental insurance, the authors propose to clearly localize the scope of its operation, fixing the obligation of environmental insurance only for objects that have a significant or moderate negative impact on the environment (objects of categories I and II), provided for by the Federal Law “On mandatory Environmental Protection.”\\n\\n\\nOriginality/value\\nA new concept of a mandatory environmental insurance contract is substantiated, which optimizes civil liability for causing harm to the environment, life, health and property of citizens (property of legal entities) as a result of accidents and man-made disasters.\\n\",\"PeriodicalId\":41184,\"journal\":{\"name\":\"Journal of Property Planning and Environmental Law\",\"volume\":\"184 1\",\"pages\":\"\"},\"PeriodicalIF\":0.8000,\"publicationDate\":\"2023-06-16\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of Property Planning and Environmental Law\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1108/jppel-12-2022-0036\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Property Planning and Environmental Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1108/jppel-12-2022-0036","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"LAW","Score":null,"Total":0}
Environmental insurance in the mechanism of environmental protection in Russia: how to improve its efficiency with the help of law?
Purpose
The purpose of this study is to formulate a proposal to fill the gap in national legislation, which will increase the effectiveness of mandatory environmental insurance.
Design/methodology/approach
This is a review of scientific doctrine and legislation, which shows the problems and prospects for the development of mandatory environmental insurance on the example of one country.
Findings
At the moment, environmental insurance in Russia is at the very beginning of its development. Despite the experiments carried out and fragmentary references in the law, there is a classic example of a gap in the law, when the procedure provided for by the norms of law lacks a clear implementation mechanism. To fill this gap and increase the effectiveness of environmental insurance, the authors propose to clearly localize the scope of its operation, fixing the obligation of environmental insurance only for objects that have a significant or moderate negative impact on the environment (objects of categories I and II), provided for by the Federal Law “On mandatory Environmental Protection.”
Originality/value
A new concept of a mandatory environmental insurance contract is substantiated, which optimizes civil liability for causing harm to the environment, life, health and property of citizens (property of legal entities) as a result of accidents and man-made disasters.