Гуманитарные и юридические исследования (Nov 2024)
Some problems of forming resort legislation in the Russian Federation
Abstract
Introduction. The article examines the problems of the formation of resort legislation, including the novels introduced in the Federal Law of 23.02.1995 No. 26-FZ (as amended of 04.08.2023) "On Natural Therapeutic Resources, Therapeutic Areas and Resorts", which come into force on September 1, 2024.Materials and Methods. In the course of the study, methods of legal analysis, synthesis, generalization and comparative legal were used, which made it possible to develop possible ways to solve the studied problems. Analysis. Resort legislation in our country arose in the 18th century and developed relatively adequately to socio-economic and environmental realities, responding to new norms and institutions to emerging challenges. Designed to protect natural healing resources as the basis for the treatment and prevention of diseases, to protect other natural resources and natural complexes as the ecological framework of resorts, it went through several stages: Pre-revolutionary, Soviet and Post-Soviet. The Post-Soviet stage can be divided into several more: from environmentally sound (environmental expertise was carried out for all facilities under construction and reconstructed), organizationally secured (suffice it to recall the creation of the Administration of the Caucasian Mineral Waters with broad powers) to the current one, which is characterized by de-ecologization (in 2013, resorts were excluded from the composition of specially protected natural areas). The updated resort legislation envisages re-establishing the boundaries of the district of sanitary (mountain-sanitary) protection and the boundaries of protection zones within the districts and they are likely to be reduced. For the first time in the history of resort legislation, a norm is introduced on the procedure for the possible abolition of a therapeutic area, resort or resort region. Results. The article analyzes the current resort and related legislation, as well as the norms that will come into force in the near future and proposes measures to improve them.
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