Modern Problems of Ecological Migration: Legal Analysis

The conducted analysis shows that the group of legal norms regulating the procedure of forced and voluntary resettlement of residents (environmental migration) and the protection of the rights and freedoms of these environmental migrants is a special case, a kind of integral part, of the general legal institution for regulating environmental migration of the population from emergency areas of natural and man-made nature and zones of environmental disasters, i.e. territories where the constitutional right of a person and a citizen to a favorable environment is violated, as well as protection of the rights and freedoms of environmental migrants. This legal institution is currently at the stage of formation. The main reason for this situation is, first of all, the absence of a basic federal law that defines the general principles of the functioning of the legal mechanism for regulating forced or voluntary temporary or permanent resettlement of the population from areas where the right of a person and citizen to a favorable environment (environmental migration) is violated, and the protection of rights and freedoms of environmental migrants. The conducted analysis makes it possible to determine the legal status of an ecological migrant as a legally enshrined state of a person who, due to the deterioration of the quality of the natural environment and violation of the constitutional right of a person and citizen to a favorable environment, left his place of permanent residence or stay and who, in the case of long-term stabilization of the ecological situation in the area of the previous place of residence or stay, obtains additional guarantees at the new place of residence until the moment of its complete arrangement facilitating the implementation of individual rights, freedoms and obligations inherent only to this category of persons and which must be enshrined in both international and domestic legislation (the Constitution of the Russian Federation and sectoral regulations).

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