Specially protected natural areas of the Russian Far North

. An important measure of the legal protection of the economic and social interests of small groups of indigenous people is the allocation of territories of traditional nature management. When it comes to territories of traditional environmental management of indigenous people as specially protected natural territories, the regime of environmental management should be environmentally reasonable, socially acceptable and cost-effective. However, the realization of these conditions is tough. The task is to direct the process of development of the territories of traditional environmental management in an environmentally safe course, to try to integrate these territories into various spheres of life of indigenous people, especially in the northern regions, until they are roughly integrated exclusively into the production sphere. The difficulties of the legal plan are caused by the inconsistency of the sectoral federal and regional legislation, the protracted procedure for the development of the status, regime and, especially, the territorial boundaries of the territories of traditional environmental management.


Introduction
Because of the process of democratization of society, changes in the social and economic situation, large-scale development of natural resources, especially in the northern regions of Russia, the issues of ensuring and developing small groups of indigenous people, the territories of their residence and economic activity are becoming more and more important priorities of state policy. In addition, due to the continuous growth of anthropogenic influence, an urgent task is the preservation and development of specially protected natural territories of different levels, the legal regime of which theoretically should reduce the anthropogenic impact of mining companies on the vulnerable ecosystem of the North. In cases of the creation of territories of traditional nature, management should pursue two goals -the preservation of nature and the creation of the acceptable life conditions to indigenous people [1].
However, at present days, on the one hand, the legislative base is developing very intensively, hypothetically declaring the possibility of preserving unique natural complexes and objects, traditional way of life and traditional environmental management of indigenous people, significant budget funds are allocated to support traditional activities of * Corresponding author: okmjanskajavm@tyuiu.ru these people (reindeer herding, fish and fur trades, national crafts, etc.). On the other hand, the fuel and energy complex is actively developing on the territory of the Far North, while the economic attractiveness of the fields and the corresponding land plots conflicts with the requirements for the protection of the environment and the interests of the indigenous people living in these territories [2].
Due to the fact that the territory of the Far North is rich with natural complexes with environmental, scientific, cultural and aesthetic values, often within the boundaries of specially protected natural areas, oil and gas industry is carried out, which leads to a decrease in the number of rare animals and birds, disturbance of the natural landscape, soil pollution, destruction of vegetation cover, reduction of deer pasture area, etc. First of all, these circumstances are related to the fact that in recent years, changes in environmental protection legislation have occurred, which do not always have a positive effect on the development of the activities of the indigenous minorities. At the same time, at the process of the organization of the territories of traditional nature management the problems presented on a picture 1 should be solved. However, the intensive economic use of natural resources is still a top priority. Many scientists, environmentalists, public figures say that the law of the Russian Federation of 21.02.1992 № 2395-1 "On subsoil" prevails over laws regulating relations in the organization, protection and use of specially protected natural territories, environmental protection, environmental safety, as well as regulatory acts protecting the rights of indigenous people and restricting economic activities within the boundaries of traditional environmental management areas.
These facts are confirmed by the adoption in 2013 of the Federal law of 28.12.2013 № 406 "On amendments to the Federal law «On specially protected natural territories" and certain legislative acts of the Russian Federation". Within the new provisions of this law, the territories of traditional nature use are no longer specially protected and do not belong to the lands of specially protected natural territories. On the basis of article 6 of the Federal law of 28.12.2013 № 406 "On amendments to the Federal law "On specially protected natural territories" and certain legislative acts of the Russian Federation", the territories of traditional nature use were excluded from the composition of environmental protection lands (Article 95 of the Land code of the Russian Federation of 25.10.2001 №. 136), which are part of the lands of specially protected natural territories [3].
Also, a significant negative consequence of the adoption of amendments to the Federal law "On specially protected natural territories" of 14.03.1995 № 33 in terms of reducing the categories of specially protected natural territories is the fact that today's documentation of this project for the construction, reconstruction of buildings, structures, including those intended for the extraction of natural resources, within the boundaries of the territories of traditional environmental management is not a subject to state environmental impact 113 13 assessment in accordance with articles 11 -12 Federal law of 23.11.1995 № 174 "On ecological expertise". Lack of environmental impact assessment of project documentation leads to uncontrolled development and intensive economic development of territories, which serve to maintain traditional environmental management and traditional lifestyles of small groups of indigenous people of the North, which prevents the implementation of their rights, preserved in the constitution of the Russian Federation and relevant federal laws [4].
Based on the previous comments, let us consider the main changes in the legislation about the territories of traditional environmental management in Table 1. Due to the fact that places of traditional nature use are no longer the lands of specially protected natural territories, the land plots located within their borders are no longer subject to restriction, which leads to the development of economic activity on these lands, which leads the loss of unique properties and characteristics of such lands. The land resources of the Far North are recovering very slowly after those developments, and natural complexes can lose their valuable and unique features forever. However, if the territories of traditional nature use are located within the boundaries of specially protected natural territories of other categories presented in Figure 2, the effect of the amendments will not apply. It is worth to mention, that despite the fact that the residences and household activity of indigenous people of the North are excluded from the number of specially protected natural territories, in the Federal law of 07.05.2001 No. 49 "On the territories of traditional nature management of the indigenous minorities of the North, Siberia and the far East The Russian Federation" such territories equals to specially protected territories established for the conduct of traditional environmental management and the traditional way of life of such people, which in our opinion, created t is some contradiction in the legislation on the definition of the status of these territories [5].
You can also see the general features of the legal regime of the territories of traditional environmental management and specially protected natural territories. In accordance with Article 39.10 of the Land code of the Russian Federation of 25.10.2001 No. 136, land plots provided to subjects of traditional nature use and traditional economic activities for a free use. And in case of withdrawal of the above land plots and natural objects located within the boundaries of the territories of traditional nature use, equivalent areas are provided for state and municipal needs, individuals and communities of indigenous people, and damages caused by such withdrawal are compensated [6].
As already noted above, the places of traditional nature management located in the far North are of great interest, because, on the one hand, the northern territories are a platform for the development of the domestic economy, on the other, the fragile northern ecosystem and the territories of traditional habitats and traditional economic development activities of small groups of indigenous people. One of the subjects within whose borders more than 20% of the territory is occupied by tribal lands in which small people of the North -the Khanty, the Mansi and the Nenets -who constitute 2% of the total population lead a traditional way of life, are the Khanty-Mansiysk Autonomous Okrug -Ugra.
In the field of organization, protection and use of specially protected natural areas of regional importance, the Duma of the Khanty-Mansiysk Autonomous Okrug-Ugra adopted a law of 29.03.2018 No. 34-oz "On the regulation of individual relations in the field of organization, protection and use of specially protected natural areas of regional importance Khanty-Mansiysk Autonomous Okrug -Ugra", which establishes the following categories of valuable territories: 1) Natural parks; 2) State natural reserves; 3) Monuments of nature; 4) Dendrological parks and botanical gardens [7]. Also, in order to develop a system of specially protected natural areas of regional importance in the Khanty-Mansiysk Autonomous Okrug -Ugra, a Concept was developed, approved by the Okrug Government Decree No. 245-p of July 12, 2013 "On the concept of development and functioning of the system of specially protected natural territories Okrug -Ugra for the period up to 2020".
Based on the analysis of the above-mentioned regional regulatory acts of the territory of traditional nature use are not considered in detail among the specially protected natural territories of the autonomous region.
In accordance with the Decree of the Government of the Autonomous Okrug of 10.04.2002 No. 192-p "On the territories of traditional nature management", the patrimonial lands formed earlier (since 1998) in the territory of the Autonomous Region are referred to the territories of traditional nature management of regional importance. However, at present, the concept of "patrimonial ground" has been dismissed, since the Statute on the status of patrimonial ground in the Khanty-Mansiysk Autonomous Area of 07.02.1992 has lost its force, which leads to the disappearance of this concept from the scientific and applied lexicon. Today, in the Khanty-Mansiysk Autonomous Okrug, 475 territories of traditional nature use with a total area of 12668423 hectares (23.7% of the area of the okrug) registered in all districts. As already noted, often the traditional places of residence of the indigenous people of the North are located within the boundaries of specially protected natural territories. One of the proper examples of the inclusion of traditional nature use areas in the categories of unique natural objects is the Numto Regional Nature Park, located on the territory of the Beloyarsky District of the Khanty-Mansiysk Autonomous Okrug (Figure 3). The park is located in the center of the West Siberian Plain and includes three zonestundra, forest tundra and taiga. Located on the border of the Yamalo-Nenets and Khanty-Mansiysk Autonomous Okrug, it occupies a special position in geography, ecology, and ethnography of the Tyumen North.
A brief description of the park is given in Table 2.  Natural features 1. Located in three natural zones -tundra, forest-tundra and taiga; 2. The basis of the park is Lake Numto, which is located in the center of wetlands with unique flora and fauna; 3. The climate is characterized by a harsh long winter with long frosts and steady snow cover; 4. The soil cover is represented mainly by marsh soils; 5. Most of the park is a flat marshy lake-alluvial plain, characterized by a large number of lakes. The natural park «Numto» is a specially protected natural area, within which are concentrated rare representatives of flora and fauna, which are listed in the Red List of the International Union for Conservation of Nature and Natural Resources, the Red Book of the Russian Federation, the Khanty-Mansi Autonomous Area, cultural heritage, as well as a unique body of water -lake Numto, unique areas of natural landscapes. In particular, within the boundaries of the natural park there are territories of traditional nature use, where the people of the Siberian North live -Khanty and Nenets of the forest (Figure 4) [8]. Due to rich hydrocarbon reserves, which have been found in the territory of this specially protected natural area, they are currently being developed in the economic zone of the park, which occupies most of the area of the natural complex. Park zoning is shown in Figure 5.
Subsoil use on the territory of a natural park carried out in the manner established by the legislation of the Russian Federation and the autonomous region, taking into account the peculiarities of zoning and the established regime of special protection in its territory. Figure 6 presents a fragment of the scheme reflecting the location of production facilities within the boundaries of the Numto Park.

Khanty
Nenets of the forest -Border of the natural park "Numto" -Boundary of settlement In the economic area of the park "Numto" the following activities are provided: 1) Traditional nature use; 2) Preservation of cultural heritage sites; 3) Environmental monitoring; 4) Carrying out environmental, biotechnical and fire prevention measures, forest management and land management; 5) Geological study of the subsoil, exploration and extraction of minerals, including common minerals, timber harvesting, as well as for sanitary felling, placement of linear objects.
It is important to note that in October 2016, the Government of the Khanty-Mansiysk Autonomous Okrug-Ugra changed the "Numto" zoning, which allowed for the extraction of natural resources in wetlands, despite the fact that wetlands around the world are considered as one of the most important conditions for maintaining the quality of life, and sometimes the very existence of the indigenous people of a particular country, including being a source of fish and animals, especially for the local population.
The branch of the Greenpeace International Non-Profit Organization, in February 2016, sent to the Department of natural resources and the non-extractive sector of the economy of the Khanty-Mansiysk Autonomous Okrug -Ugra on the possibility of adjusting the boundaries of functional zones, and as a result of comprehensive studies it was concluded, that the change of zoning is inadmissible, permitting exploration and mining in the areas currently assigned to the wetland area of the park. However, as already mentioned, the functional zoning of the park was changed, as a result of which wetlands became a place of extraction of hydrocarbon raw materials, which confirms the fact of contradiction between the legislation in the field of mining, use and protection of the subsoil over environmental standards, including legislative acts on specially protected natural territories.
Because of anthropogenic activities associated with the extraction of hydrocarbon raw materials, the following negative consequences observed in the park: 1) Air pollution by emissions of pollutants (Nitrogen dioxide, carbon (soot), sulfur dioxide, carbon oxide, manganese and its compounds, gaseous fluorides, poorly soluble, inorganic dust, toluene, etc.); 2) Vibration, electromagnetic exposure, noise pollution; 3) Violation of land cover; 4) The seizure of natural objects as habitats of hunting and commercial species of animals and birds for the construction of production facilities, which leads to a decrease in populations and a decrease in species diversity; 5) Pollution of surface, groundwater, as a result of the allocation of places for domestic and industrial wastewater during construction, operation of oil and gas production facilities, the emergence of unauthorized territories for waste accumulation; 6) Contamination of the territory with waste of I-IV hazard classes; 7) Violation of the natural topography; 8) change in the hydrological regime of water bodies; 9) Reducing the area of land suitable for maintaining the traditional nature management of the Khanty and forest Nenets, which ensure their livelihoods.

Vatlorskoe field
Currently, the urgent issue is to ensure sustainable social-economic development of the territories inhabited by small groups of indigenous people, a significant increase in their standard of living and improvement of the entire life-support system on the first steps of rational nature management, technical and technological improvement of traditional industries, social services, culture and life.

Conclusions
Considering this, we can draw the following conclusions: 1. Currently, the large-scale development of natural resources leads to the infringement of the rights and interests of small groups of indigenous people, whose ethnic identity is directly related to traditional nature management, traditional way of life. To resolve this problem, it is necessary to improve the allocation procedure and model of legal registration of traditional environmental management areas, the development of compensation procedures and compensatory measures, mandatory and strict regulation of the behavior of personnel of mining companies in the places of residence and traditional economic activities of indigenous people.
2. The exclusion of the territories of traditional nature use from the categories of specially protected natural territories leads to the disturbance of the natural environment, and limits the traditional nature use by the small groups of indigenous people. It is necessary, in our opinion, to ensure the legal regime of the territories of traditional environmental management with standards that exclude or substantially limit the use of land plots in the territories of traditional residence and traditional economic activity for survey works or their withdrawal for state and municipal needs.
3. The possibility of ecological zoning of specially protected natural areas, providing for the allocation of various types of zones -from completely forbidden economic activities to regulated intensive development with maximum impact on the natural environment of the region, leads to the expansion of economic activities within their borders and creates the basis for countless conflicts between oil and gas companies public authorities, local authorities, environmental organizations, and also by population.