issues: "Why are cats afraid of water?", "Why does a cat see in the dark?", "How to make friends with a cat?".
Informative-research activity was organized during short-term day projects on the subject "Awfully interested in everything unknown". Each thematic week of month was devoted to search the answer to a problematic issue: 'Why does a dandelion need parachutes?" ("Wild flowers"); "Why do leaves fall? Why there are a lot of pools in the fall?" ("Fall. Changes in the nature"); "Tops - root: what appears from a seed earlier?", "Where does water hid in vegetables and fruit?" "Vegetables"); "What helps birds to fly?", "Who are the wintering birds?" ("Wintering birds").
We have convinced that formation of the reasoned speech has to be carried out gradually, consistently in the conditions of systematic training during children's kinds of activity. An indisputable source to develop children's speech is the phenomena and objects of the nature, interaction with which promotes development of children's inquisitiveness, emergence of informative questions, own judgments and logical conclusions.
REFERENCES
1. Eltsova, O.M. (2009) Rhetoric for preschool children: Program and methodical recommendations for tutors of preschool educational institutions; Saint-Petersburg, CHILDHOOD-PRESS, 208 P.
2. Ryzhova, L.V. (2012) Methodology of work with the fairy tale, Saint-Petersburg, CHILDHOOD-PRESS, 160 P.
3. Shadrina, L.G. & Sudakova, E.N. (2011) "Features of development of the coherent figurative speech of children of the advanced preschool age and way of its formation", Siberian pedagogical magazine, No. 3, Pp. 220-228. Available at: http://elibrary.ru.
LEGAL PROTECTION OF THE ECONOMIC INTERESTS OF RUSSIA IN THE ARCTIC REGION
IN THE EARLY TWENTY-FIRST CENTURY
Abstract
The paper is devoted to issues related to the implementation of legal protection of Russia's economic interests in the Arctic region in the early twenty-first century.
Keywords
Arctic zone of Russia, Russian-Norwegian relations, international law, Concept of Sustainable Development of the Russian Federation
AUTHORS
Tatyana Kapelko Andrey Tumanov
PhD in Jurisprudence, Associate Professor PhD in Philosophy, Associate Professor
Department of Civil and Corporation Law Department of Criminal Law
Murmansk State Technical University and Criminology
Murmansk, Russia Murmansk State Technical University
kapelko@yandex.ru Murmansk, Russia
sir.tumanov2015@yandex.ru
Since the beginning of the XXI century, many countries, especially the United States, concerned about the fact that Russia has vast northern territories and also claims the vast possessions in the Arctic basin. To achieve this goal in 2001 was filed to the UN Commission on the Limits of the Continental Shelf. This application ("Justification of the outer limits of the continental shelf of Russia in the Arctic outside the 200-mile zone '), prepared in the framework of the Federal Program" World Ocean ", implies an increase in area of the continental shelf in the 1.2 million sq. km, as proof of the origin of a large part of mainland bottom. However, the application of the country by the UN Commission was rejected with the motivation that first Russia must agree with its neighbors in the Arctic: Denmark, Norway, Canada and the US, as the UN Commission does not have the raw materials of other Arctic states for the validation of the Russian proposal. Such a conclusion, the Commission has adopted the United Nations after the protest US and Russia were invited to wait until 2010 so that the rest of the Arctic states had the opportunity to get out and explore the geological data on the Arctic for at least ten years.
This turn of events was not accidental. It is only in the Russian Arctic zone centered about a quarter of the world's oil and gas reserves. Therefore, the US interest in this subject is clear, as well as Canada, Denmark, offering to review sectoral division of the Arctic territories. Moreover, now even countries that do not have access to the Arctic Ocean, seeking internationalization of its waters by analogy with the other three oceans. Against this background, the forecasts of experts of the American Council of the United Nations University of the Arctic in the XXI century will be one of the "hot spots" where to turn "oil" conflicts do not seem unrealistic (remember that only twenty years ago no one could have imagined the scale of the events that have unfolded in the Persian Gulf, the main driving force of which is undoubtedly the struggle for oil and control oil production. In this connection, in order to avoid a repetition of the fateful historical errors, Russia has no right to the abandonment of these problems without attention and omission of valuable time. Our the country needs to promptly, consistently and persistently to solve questions. In fairness, it should be noted that the relevant work is already under way. New scientific rationale and evidence in repeated application, which was submitted to the UN Commission in March 2007, was an update of geological and geomorphological explore the Arctic seabed beyond the 200-mile continental shelf, obtained in 2004-2006. GUNiO together with VNII Okeangeologia on the scientific research vessel "Akademik Fedorov".
The Russian Arctic shelf area of more than 6 million sq. km has huge resources of gas, gas condensate and oil. According to the Ministry of Natural Resources, the potential of the Arctic shelf in the Russian sector of about 100 billion tons of equivalent fuel. Such wealth can ensure sustainable development of Russia for many centuries (Bezrukov, Tumanov, 2012).
The needs of the economy and the depletion of natural resources in developed areas objectively determine the increase in their production in the Arctic zone of Russia. For example, explored the Arctic gas reserves of industrial categories make up 80 percent nationwide. According to estimates of the RF Ministry of Natural Resources in the Arctic for 90 percent of total recoverable hydrocarbon resources of the continental shelf of the Russian Federation, including 70 percent - in the Barents and Kara Seas. It is predicted the presence of hydrocarbons in the deep part of the Arctic Ocean in the amount of 15 -20 billion tons of equivalent fuel.
To identify and forecast reserves of many minerals continental shelf is now a unique national reserve of Russia. Recoverable hydrocarbon reserves amount to more than 100 billion tons of oil equivalent. In the western sector of the Russian Arctic shelf is open giant Petroleum Province, which concentrated 70% of the initial recoverable resources. The new centers of oil and gas can be created on the basis of three major areas of concentrated oil and gas - Central Barents, South Kara and Pechora oil and gas condensate. Extensively in the region and prospects for new discoveries. There have discovered 22 fields, including
such unique as the Shtokman gas condensate, Prirazlomnoe, Leningrad, Ice, Rusanovskoe gas and others. In general, the proven reserves of hydrocarbons share of the western part of the Arctic shelf is more than 75% of the stocks of all the Russian shelf (8.2 billion tons of oil equivalent).
Because of its geographical position, these waters are not used for international navigation, are to a large Russian transport value. The very development of these seas require age-old efforts of the Russian people. Socio-economic development is impossible without a reliable functioning of the Arctic marine transportation system that ensures delivery of the goods to the Arctic and the Arctic enterprises export products to other regions.
According to the UN Convention on the Law of the Sea in 1982 the continental shelf of the Russian Federation includes the seabed and subsoil of the submarine areas outside the territorial sea of the Russian Federation throughout the natural prolongation of its land territory to the outer edge of the continental margin. The natural resources of the continental shelf of the Russian Federation ranked as the mineral and other non-living resources of the seabed and subsoil together with living organisms belonging to the "sedentary species", that is, organisms that at a time when possible their craft, are immobile on the seabed or under, or are unable to move except in constant physical contact with the seabed or the subsoil. List of species of living organisms, which are the living resources of the continental shelf established by a specially authorized federal fisheries agency. Mineral and living resources of the continental shelf are the responsibility of the Russian Federation; the activities of exploration, development (fisheries) of such resources and their protection is the responsibility of the Government of the Russian Federation.
Russia, exercising sovereign rights and jurisdiction on the continental shelf, does not prevent the implementation of navigation and other rights and freedoms of other states recognized in accordance with generally recognized principles and norms of maritime law.
The legal framework for the protection of Russia's interests in the Arctic are determined by domestic regulatory and legal acts. In the first place it should be noted the Russian Constitution. In accordance with its terms, Russia has sovereign rights and exercises jurisdiction on its continental shelf (Art. 67, item 2) by determining its status and protection (Art. 71, "n"). On the basis of the Russian Constitution and international law developed federal laws and other regulations governing relations of natural resources on the continental shelf of the Russian Federation. Federal Law "On the continental shelf of the Russian Federation" defines the status of the continental shelf of the Russian Federation, sovereign rights and jurisdiction of the Russian Federation on its continental shelf and their implementation in accordance with the Constitution, generally recognized principles and norms of international law and international treaties of the Russian Federation. Questions relating to the continental shelf of the Russian Federation and the activities it is not stipulated by this Federal Law shall be regulated by other federal laws and regulations applicable to the continental shelf of the Russian Federation, for example, the RF Law "On Mineral Wealth", the Federal Law "On Sharing Agreements product "," Regulation on subsoil licensing procedure ". January 22, 1997 the State Duma of the Federal Assembly of the Russian Federation adopted the Federal Law "On ratification of the UN Convention on Maritime law and the Agreement on the implementation of Part XI of the UN Convention on the Law of the Sea", by which Russia is a subject of international law with the development of mineral and living the resources of its continental shelf and exclusive economic zone. In accordance with the Law "On the continental shelf of the Russian Federation" Russia carries on the continental shelf:
- Sovereign rights for the purpose of exploring the continental shelf and the exploitation of its mineral and biological resources;
- The exclusive right to authorize and regulate drilling on the continental shelf for all purposes;
- The exclusive right to construct and to authorize and regulate the construction, operation and use of artificial islands, installations and structures;
- Jurisdiction over: marine scientific research; protection and preservation of the marine environment in connection with the exploration and development of mineral resources, fishery biological resources, waste disposal and other materials; laying and maintenance of submarine cables and pipelines (v. 5, p. 1 -4).
Federal Law "On the exclusive economic zone of the Russian Federation" defines the status of the exclusive economic zone of the Russian Federation, sovereign rights and jurisdiction of Russia in its exclusive economic zone and their implementation in accordance with the Constitution, generally recognized principles and norms of international law and international treaties of Russia. Matters relating to the exclusive economic zone of the Russian Federation and its activities not covered by this Federal Law shall be regulated by other federal laws applicable to the exclusive economic zone of the Russian Federation and the activities in it.
Under current law, the bottom of the mineral resources of the continental shelf and exclusive economic zone, are federal property and, accordingly, specific decisions on the use of mineral resources taken by the federal government and governance (Bezrukov, Tumanov, 2012).
12-mile coastal zone, as the territorial sea or territorial waters, has the status of subsoil use are no different from the adjacent land, It operates so-called rule of "two keys", and decisions are made jointly by the federal subsoil use authorities and the subject of the federation, whose territory is adjacent to this area of the sea. The law "On Subsoil" is broadly consistent with the general provisions of the Mineral Development and develops them, and the disposal of the continental shelf is entirely the responsibility of only the public authorities of the Russian Federation.
Federal programs and plans for the exploration and exploitation of mineral resources are compiled with the participation of executive bodies of subjects of the Russian Federation, if these programs and plans call for the use of coastal infrastructure of the subjects of the Russian Federation (Art. 6, para. 3 of the Law "On the continental shelf of the Russian Federation").
As mentioned above, the Western Arctic shelf of Russia - it is a national treasure and the largest reserve for future growth in the fuel and energy complex of the country. Therefore, according to experts of the Russian Federation Ministry of Natural Resources, one of the major tasks of Russia is to increase the volumes of geological exploration work at the expense of all sources of funding to build hydrocarbon resource base in the region. Along with the aforementioned laws in the legislative and legal regulation of natural resources on the continental shelf of the Russian Federation, the following Presidential Decrees:
- On urgent measures for the development of major new gas fields on the Yamal Peninsula, in the Barents Sea and offshore Sakhalin Island;
- Measures to accelerate work on the development of oil and gas fields of the continental shelf of the Russian Federation.
In order to implement the main provisions of the law "On the continental shelf of the Russian Federation" and Decree of the RF Government of 23.04.96 № 674-p MNR Russia will soon have been prepared and agreed with a number of interested ministries and departments draft resolutions of the Russian Government on the adoption of the following provisions:
- On the order of the regional geological study, exploration and development of mineral resources of the continental shelf;
- On the procedure of drilling on the continental shelf of the Russian Federation for any purpose;
- On the order of the laying of submarine cables and pipelines on the continental shelf of the Russian Federation.
These provisions for a number of years to find its realization. Among the unresolved legal issues regulating subsoil use of the territorial sea, internal waters and the continental shelf of the Russian Federation at the time included:
- Definition of relations and different forms of ownership of natural resources, as these questions are not fully regulated by the existing laws "On Mineral Wealth", "On the living resources", the Water Code;
- Determination of the amount and payment for use of water bodies order and conditions of its collection;
- Determination of the procedure of subsoil use inland sea and inland waters, as these the waters under the Constitution of the Russian Federation is not included in the territories of the Russian Federation, and the field under their bottoms often extend into the waters of the continental shelf. In subsequent years, these issues were resolved, but problems remain.
Principles of State Policy of the Russian Federation in the Arctic clearly stated and defined in the document, approved at the Government meeting. According to this document the selection of the Arctic as an independent object of public policy due to specific national interests of Russia in this region and its characteristics. Specific national interests of Russia in the Arctic embrace, first of all, sectors of the economy, the environment, defense, science and geopolitics. Russia's interests in the Arctic defined in other regulations and programs. It is primarily:
- Concept of the Russian Federation transition to sustainable development;
- Concept of state support for economic and social development of the northern regions.
Currently, the Russian government approved the order on the continental shelf. The Rules provide for the conduct of marine scientific research in the internal maritime waters, territorial sea, the exclusive economic zone and continental shelf of the Russian Federation (Boltushkin, Tumanov, 2012).
Russia's policy in respect of the Svalbard archipelago in the currently defined policy concept of the Russian Federation on the Norwegian Svalbard archipelago.
As can be seen from the above, a specific legal framework in Russia to address issues related to the Arctic, there is, but it requires improvement. Procrastination is its creation and perfection can cause irreparable damage to the further economic and geopolitical development of our country for quite a long historical period.
REFERENCES
1. Bezrukov, A. V. & Tumanov, A. A. (2012) "Modern geopolitics Norwegian Arctic-European region", Collection of scientific works of the Faculty Law professors of MSTU, Vol. 2, Murmansk, MSTU, Pp. 22-28.
2. Boltushkin, V. E. & Tumanov, A. A. (2012) "Legal protection of the economic interests of Russia in the Arctic", Collection of scientific works of the Faculty Law professors of MSTU, Vol. 2, Murmansk, 2012, Pp. 16-21.