The problem of preventing environmental and environmental-legal risks of rule-making on lake Baikal

The article is devoted to the problems of legal regulation of environmental protection and nature management in the Baikal natural territory. Controversial issues related to environmental and environmental-legal risks arising from anthropogenic activities, including rulemaking and enforcement, are considered. The author analyzes the results of expert and analytical studies, including the concept of modernization of the Federal Law “On the Protection of Lake Baikal,” noting that many proposals remain unrealized, but relevant. The article paid the particular attention to the concept of “environmental risk” and its minimization. The author supports the idea of highlighting environmental and legal risks as a separate category associated with violation of environmental legal rules. Risk mitigation measures are proposed, including an expansion of regulatory impact assessment (RIA) and environmental assessment during the rulemaking phase. In conclusion, the author proposes to conduct a legal experiment on the introduction of environmental assessment for bills related to Lake Baikal, which will help reduce social tension and preserve the unique ecosystem of the lake.