RF LAW “ON PROTECTION OF THE NATURAL ENVIRONMENT”

Since the time the new Federal Law “On the Protection of environment", the previously valid Law of the RSFSR "On Environmental Protection natural environment» has become invalid. When the previous legal act regulating this area of ​​society was adopted in December 1991, it represented the beginning of a new stage in the development of domestic legislation in the field of ecology. This was necessary due to the political, environmental, economic and social features of the country's development.

New law, which was adopted on January 10, 2002, has a structure similar to the previous legal act.

We present it below.

Chapter I. General provisions.

Chapter II. Fundamentals of environmental management.

Chapter III. Rights and obligations of citizens, public and other non-profit associations in the field of environmental protection.

Chapter IV. Economic regulation in the field of environmental protection.

Chapter V. Standardization in the field of environmental protection.

Chapter VI. Environmental impact assessment and environmental expertise.

Chapter VII. Requirements in the field of environmental protection when carrying out economic and other activities.

Chapter VIII. Ecological disaster zones, zones emergency situations.

Chapter IX. Natural objects under special protection.

Chapter X. State environmental monitoring (state environmental monitoring).

Chapter XI. Control in the field of environmental protection (ecological control).

Chapter XII. Scientific research in the field of environmental protection.

Chapter XIII. Basics of formation ecological culture.

Chapter XIV. Responsibility for violation of legislation in the field of environmental protection and resolution of disputes in the field of environmental protection.

Chapter XV. International cooperation in the field of environmental protection.

Chapter XVI. Final provisions.

The preamble of the law in question states that this legal act defines the fundamentals that characterize public policy in terms of environmental protection, and also these fundamentals ensure a balanced solution to problems that relate to socio-economic issues. The fundamentals enshrined in laws are designed to preserve a favorable environment, biological diversity and natural resources in order to meet the needs of current as well as future generations, strengthen the rule of law in the field related to environmental protection, and ensure environmental safety. The law regulates relations related to the interaction of society and nature, which arise when economic and other activities are carried out affecting the natural environment, which appears to be an important component of the environment and is the basis of life on Earth, within the boundaries defined by the territory of Russia, as well as on the territory of the continental shelf.

Many experts give negative assessments of this legal act. Despite this, it also has a number of advantages. As such advantages, we can note, in particular, the presence of the legislator’s claim to implement comprehensive (integrated) regulation of relations related to environmental protection. IN in this case An attempt is being considered to develop a broader mechanism related to the regulation of this area, in comparison with the Law that was in force previously. In relation to earlier current law Some experts expressed complaints that were justified and related to the fact that it lacked requirements related to assessing the environmental impact of the planned activity, environmental certification, and environmental audit. The new law, despite its shortcomings, contains some provisions regarding these instruments. In a legal act we're talking about about environmental audit. However, this procedure is discussed only in the article that contains the basic concepts. The law also contains general provisions, related to environmental entrepreneurship.

Based on the provisions contained in the concept related to sustainable development, great importance is paid to the regulation of rationing, which is related to the removal of components of the natural environment. These provisions are contained in Article 26 of the law.

The law also establishes a legal criterion that relates to the level of design of an enterprise and other facilities. Such an implementation criterion is the criterion that those technologies that correspond to the best should be implemented.

Based on the conditions associated with the development market system management, the requirements that are presented in Article 53 of this law and which relate to the fact that when carrying out nationalization or privatization of property, measures must be taken to protect the environment and compensate for damage to it - are justified.

In assessing the merits of Article 65, which relates to state environmental control, it is necessary to bear in mind the traditionally problematic practice of the organization government controlled nature management and environmental protection that take place in Russian Federation.

According to the new law, it is prohibited to combine functions that relate to state control in the field of environmental protection with functions that relate to economic use natural resources.

In the process of regulation in Article 75, types of liability associated with violation of legislation related to environmental protection are usually distinguished the following types responsibilities:

Property liability;

Disciplinary responsibility;

Administrative responsibility;

Criminal liability.

Financial liability, which was provided for by the previous law, is excluded.

In this case, the legislator’s position is completely justified. Material liability associated with environmental violations, which is applied in an organization based on the norms of labor legislation, does not carry environmental content or environmental characteristics.

However, despite the above-described advantages of this law, it is also criticized by many experts, which is not unfounded.

For example, the law does not reflect approaches to environmental protection, as well as possible concepts related to the state environmental policy of the Russian Federation in the 21st century.

Another disadvantage of the law is the fact that it contains a significant number of provisions that can be called declarative. The law does not regulate procedural relations; it contains no modern means legal technology.

Many experts also point out the fact that the text of the law contains stylistic errors.

hunting legislation responsibility supervision

The Federal Law “On Environmental Protection”, adopted on January 10, 2002, is systematized and comprehensive regulatory act in the field of environmental protection. It regulates basic social relations in the field of environmental management and environmental protection.

General characteristics of the law

This law determined the main tasks and mechanism for regulating relations in the sphere of interaction between society and people. He laid the foundations for progressive development environmental legislation as legislation of a new generation. This law is characterized by the following features:

The law is comprehensive normative act regulating environmental relations in general without differentiation by individual natural objects. It formulates the main provisions that make it possible to prevent harm to the environment and ensure compliance with environmental requirements. These include: the creation of an economic mechanism for environmental protection, regulation of state environmental assessment, responsibility for environmental offenses.

The law is a basic normative act, the provisions of which are developed and specified in other acts of environmental legislation. Certain sections of this law subsequently became the basis for the development of other federal laws and other regulations of environmental legislation.

The law establishes the priority of protecting human life and health from the adverse effects of the environment. Protecting the natural environment is not an end in itself; the main goal is to prevent the harmful effects of the environment on the human body. From this point of view, the main legal institutions of environmental protection operate. In particular, human health is the main criterion when establishing environmental standards.

The law is based on a scientifically based combination of environmental

cultural and economic interests of society. The principle of correlation between environmental and economic interests of society is fundamental in the concept sustainable development, formulated at the UN conferences in 1972 and 1992. In our legislation this principle is reflected in such a compromise formulation

The law establishes a system of economic incentives for environmental protection activities in combination with administrative and legal measures. This combination allows, on the one hand, the state to control the activities of natural resources users, since natural resources are the property of the entire society, on the other hand, the introduction of market mechanisms creates the prerequisites for the rational use of natural resources.

The law consists of a preamble, 16 chapters and 84 articles.

Regulatory acts on rational environmental management

As noted above, among the laws that regulate environmental legal relations, two groups can be distinguished: environmental and natural resource.

Natural resource regulations regulate social relations that develop in the sphere of rational use of certain types of natural resources and natural objects: land, subsoil, water, forests, atmospheric air, wildlife, specially protected areas.

The group of federal laws, which are fundamental regulatory acts, includes the following: Land Code of the Russian Federation, Law of the Russian Federation “On Subsoil”, Water Code of the Russian Federation, Forestry Code of the Russian Federation, Federal Law “On the Protection of Atmospheric Air”, Federal Law of March 14, 1995 No. 33-FZ “On Specially Protected Natural Areas”, Federal Law “On Wildlife”.

These regulations are characterized by the presence of some common features.

1. Natural resources may be in different forms of ownership, but they are a specific object of ownership.

ity, but they are a specific object of property, since they are used by the entire society, and therefore the state limits the right of ownership of natural resources, establishing certain rights and obligations of owners, determining the intended purpose of natural resources.

Significant, from the point of view of legal regulation, is the content of the concept of “protection and rational use of a natural resource”. What qualities of a natural resource are priority? For example, water can be used for drinking, for household needs, as a shipping route, etc. If water is used as a shipping route, its purity is not critical. The legislation determines that the priority quality of water is its suitability for drinking, i.e. purity.

Compliance with any instructions is impossible without responsibility. A rule of law is not a recommendation, but a command, behind which stands the authority of the state.

These legislative acts provide for liability for violation of relevant legislation (land, water, forestry, etc.), and measures of liability may have their own specific features.

Let's take a closer look at the two main natural resource federal laws.

Land Code regulates relations in the field of use and protection water bodies(water relations) in order to ensure the right of citizens to clean water and a favorable aquatic environment. These goals are achieved through the following activities:

maintaining optimal conditions for water use, the quality of surface and groundwater in a state that meets sanitary and environmental requirements;

protection of water bodies from pollution, clogging and depletion;

preventing or eliminating the harmful effects of water, as well as preserving the biological diversity of aquatic ecosystems.

The Water Code of the Russian Federation provides for the following responsibilities of water users: rational use water bodies; prevent violation of the rights of other water users, as well as

causing harm to human health and the environment; prevent deterioration of the quality of surface and ground waters, animal habitats and flora; inform authorities state power about emergencies and other emergency situations affecting the condition of water bodies.

The Water Code of the Russian Federation provides that “persons guilty of violating the water legislation of the Russian Federation bear administrative and criminal liability in accordance with the legislation of the Russian Federation” (Article 130). If damage is caused to a water body, the persons responsible for this are obliged to compensate for the damage.

Self-test questions

Name the main legal acts that regulate the use of certain natural resources and the protection of the natural environment.

Describe the main stages of the formation of Russian legislation.

Give a general description of the Federal Law “On Environmental Protection”.

What social relations are regulated by natural resource regulations?

Give a description of the Land Code of the Russian Federation.

Give a description Water Code RF.

What are the responsibilities of land users? Land Code RF?

Protection of the natural environment, as nature conservation was recently said, is necessary for every state. The natural environment is those ecosystems in which citizens of a particular country live, and they
first queue are interested in clean air and water, in non-toxic food products. The environment has to be protected from pollution by agricultural and industrial enterprises, from domestic wastewater of each large settlement. So laws on environmental protection are always laws on limiting human activity in a given area. The environment must also be protected from external encroachment, so that foreigners do not seize natural resources that historically (by right of residence) belonged to a particular people. All this is true, and, however, in all these arguments there are many contradictions.

Introductory chapter What is ecology?

Chapter I Environmental factors and resources

Chapter II Ecology of the individual (autechology)

Chapter III Fundamentals population studies

Chapter IV Biocenoses, ecosystems, biosphere

Chapter V Ecosystems of urban landscapes

Chapter VI Biocenotic patterns of urban evolution

Chapter VII Laws of ecology and human activity

Chapter VIII Environmental legislation of Russia

Application

We already know that man is not opposed to his environment, he is part of it. It does not need special protection, because the main components of the substance cycle are not “maintained” by humans
and not at all by higher organisms, but by an immense variety of the most primitive organisms, the limits of tolerance and adaptability of which are unusually great. So environmental protection always comes down to the regulation of human environment-transforming activities, and there is no need to talk about citizens here, they are not able to destroy their own habitat. It is destroyed by public structures, which most often do not heed the calls of citizens. Therefore, it cannot be said that the environment has been transferred into the possession of some people and is their property. You can squander your property! The natural environment destroyed in some local place on the planet is a threat to the entire population of the Earth.

So, a person cannot use the environment as his property, being himself a part of the natural environment. A citizen is not able to sufficiently damage his environment, but society is able to do this without his knowledge and consent. free and full use resources of the natural environment is almost impossible. However, every state needs a Law on Environmental Protection. Our state adopted the Law of the RSFSR in 1963"On nature conservation" . WITH government reforms it was outdated by 1985. In return for him Supreme Council of the Russian Federation was adopted on December 19, 1991, the Law of the Russian Federation "On environmental protection" . Before this we did not have a common law
in the field of environmental protection.

The 1991 Law was characterized by the following main features:

1. This is a comprehensive, leading legislative act of direct action. It performs three tasks: a) preservation of the natural environment; b) preventing the harmful effects of economic activity on it; c) improvement and improvement of the quality of the environment. Direct action The law is expressed in the fact that its norms are valid without additional acts - decrees, instructions, regulations, etc.

2. The law defines the measure of a reasonable combination of environmental and economic interests with priority to the protection of human health. That is, maximum permissible standards for the impact of economic activities on the environment are established, exceeding which creates a danger to human health.

3. The law formulates the environmental requirements of humans, as a species, to sources of harmful effects on the natural environment.

4. The central theme of the law is the person, the protection of his life and health from adverse effects external environment. That is, ultimately, this is a law about human protection. A person is considered in two aspects: as a subject influencing the environment and responsible for the consequences of their actions; and also as an object of influence, endowed with rights and guarantees for compensation for harm caused.

5. The mechanisms for implementing the provisions of the Law are indicated. They consist of incentives for environmental protection combined with administrative and legal measures against violators. Measures of such influence are economic mechanisms for protecting the natural environment: environmental assessment, environmental control, powers to limit, suspend, terminate the activities of environmentally harmful objects, administrative, criminal liability, compensation for damage caused by violation of the law, environmental education and training.

According to the text of the Law, nature and itswealth are national heritage of peoples Russia, natural their basis sustainable socio-economic development and human well-being. This should not be understood as the ability of the peoples inhabiting the country to arbitrarily and fully use all the natural resources of their territory, hiding behind slogans national interests or acute political moments experienced by society.

The law contained 15 sections divided into 94 articles.

On December 20, 2001, the State Duma adopted the Federal Law “ On environmental protection."

It has changed little in terms of volume and contains 14 chapters divided into 84 articles.

To the first chapter The law still includes general provisions. It outlines the tasks of environmental legislation of the Russian Federation, consisting of regulating relations between society and nature in order to preserve natural resources And natural environment in the interests of present and future generations of people.

At the beginning, the basic concepts are given: environment, natural environment, components of the natural environment, natural object, natural anthropogenic object, anthropogenic object, natural complex. In addition, the quality of the environment is determined: favorable environment, negative impact on the environment. It also defines natural resources, environmental pollution and its quality standards, as well as monitoring, control in the field of protection, environmental audit, as well as environmental damage, environmental risk and the concept environmental safety. The latter, however, like many other concepts, was apparently defined without the participation of ecologists, so the ecological meaning remains not entirely clear.

It also formulates the basic principles of environmental protection that should guide any individual or legal entity in the country. Here are some of them:

respect for the human right to a healthy environment;

security favorable conditions human life;

scientifically based combinations of environmental, economic interests and social interests people, society and the state in order to ensure sustainable development and a favorable environment;

responsibility of state authorities of the Russian Federation, constituent entities of the Russian Federation, bodies local government for ensuring a favorable environment and environmental safety in the relevant territories;

payment for environmental use and compensation for environmental damage;

independence of environmental control;

presumption of environmental danger of planned economic and other activities;

mandatory environmental impact assessment when making decisions on economic and other activities;

In general, this chapter guarantees human rights to a favorable environment, ensuring favorable living conditions, as well as the responsibility of public authorities and the obligation to conduct a state environmental assessment. The priority of preserving natural ecological systems. An obligation is being introduced to participate in environmental protection activities of government bodies of the Russian Federation, constituent entities of the Russian Federation, local governments, public and other non-profit associations of legal entities and individuals.

The last article in this chapter lists environmental protection objects. These are lands, subsoil, soils, surface and The groundwater, and, in addition, atmospheric air, ozone layer atmosphere
and near-Earth space. Of living nature these are forests
and other vegetation, animals and other organisms and their genetic fund.

Natural ecological systems, natural landscapes and natural complexes that have not been subject to anthropogenic impact are subject to priority protection.

Objects included in the World Heritage List are subject to special protection. cultural heritage and on the World Natural Heritage List,
as well as state natural reserves, including biosphere, state natural reserves, natural monuments, national natural and dendrological parks, botanical gardens, medical and recreational areas and resorts, other natural complexes, ancestral habitats, places of traditional residence and economic activity of indigenous peoples small peoples of the Russian Federation, objects of special environmental, scientific, historical, cultural, aesthetic, recreational, health and other valuable significance, the continental shelf and the exclusive economic zone of the Russian Federation, as well as rare or endangered soils, forests and other vegetation, animals and other organisms and their habitats.

In the second chapter are given fundamentals of environmental management. Here in with chapters from 5 to 10 regulate the powers of state authorities and local self-government in the field of relations related to security, and the delimitation of these powers.

In the third chapter stipulates the rights and obligations of citizens, public and other non-profit associations in the field of environmental protection. Here, Article 11 again declares the right of citizens to a favorable environment, and lists the rights of citizens to create public associations, send appeals to authorities, take part in meetings and rallies, put forward proposals and make complaints, and file lawsuits. They are obliged to do relatively little: to preserve nature, treat it with care and comply with the law.

Article 12 regulates the participation of organizations in environmental activities, and the last one, 13, article This chapter stipulates a system of government measures to ensure the rights to a favorable environment.

IN fourth chapter The law, as in the previous one, proposes economic mechanisms for protecting the natural environment, their tasks, planning and accounting of resources. Limits on the use of natural resources, payment for the use of resources, environmental insurance, environmental funds and economic stimulation environmental protection. Chapters 14 to 18 discuss methods in detail. economic regulation, And federal programs in the field of environmental development, and entrepreneurial activity carried out for the purpose of environmental protection.

In the fifth chapter the standardization of the quality of the natural environment is determined. It's no secret that the current natural environment is often so polluted that it negatively affects all living things. First of all, it highlights the requirements for the development of regulations in the field of environmental protection. All standards for maximum permissible doses and levels of contamination, as well as environmental requirements for products are discussed in this section in articles 19 to 31.

Chapter Six consists of only two articles and contains a description of the environmental impact assessment procedure and the procedure for conductingenvironmental assessment. Its goals have been defined, and such an examination is made mandatory when making any business decisions. The objects of state environmental expertise, the mandatory nature of public environmental expertise are considered, and both the responsibility for failure to comply with the requirements of the expertise and the responsibility of experts are determined.

Most voluminouschapter seven The Law defines environmental requirements for the placement, design, construction, reconstruction, commissioning and operation of enterprises, structures and other facilities. Here are the rules for storing, using and destroying chemical, biological, industrial and household waste, protection of the Earth's ozone layer. This chapter contains articles 32 to 56; at the end it stipulates the possible suspension of activities if they are carried out in violation of the requirements specified in this chapter.

IN eighth chapter in just one article the procedure for establishing environmental disaster zones is described and environmental emergencies are considered. The signs by which territories are identified as emergency zones have been identified. ecological situation and environmental disaster zones, and provides measures to eliminate such zones and ways to finance these expensive activities.

Special ninth chapter The law focuses attention on natural objects under special protection. Security measures and their legal regime, natural reserve fund of the Russian Federation, state natural reserves, wildlife sanctuaries, national parks and natural monuments. Rare and endangered species of organisms and green areas around cities and towns are also subject to special protection. .

State nature reserve is considered a natural complex intended for the conservation or reproduction of certain types of natural resources in combination with the limited and coordinated use of other types of natural resources.

National natural parks called withdrawn from economic use, specially protected natural complexes that have ecological, genetic, scientific, environmental and educational, recreational value, as typical or rare landscapes, habitats for communities of wild plants and animals, places of recreation, tourism, excursions, and public education.

Natural monuments are considered individual unique natural objects and natural complexes that have relict, scientific, historical, environmental and educational significance and require special protection by the state.

Around cities and industrial towns there aresuburban greens zones , including forest-park protective belts, as territories that perform environmental protection (environment-forming, ecological), sanitary, hygienic and recreational functions.

It should be noted that all provisions regarding these territories, protected species of organisms and green areas surrounding human settlements are similar to those long ago adopted in almost all enlightened countries, regardless of their economic level.

IN tenth chapter Article 63 describes state environmental monitoring. The procedure for its organization is established by the government of the Russian Federation, the results are also used by the government. The availability of these results to citizens is not specified in the article.

Chapter Eleven The law is devoted to environmental control over the state of the environment. Its tasks and significance are explained, the hierarchy of the control service is introduced - state, industrial, public. Of course, state control officials had significantly more rights than public control organizations. Public control in this chapter, consisting of 6 articles, is allocated only two positions in article 68.

Instead of a special section devoted to environmental education and education of the country's citizens, two separate chapters appeared.

Chapter Twelve regulates scientific research in the field of environmental protection. Its only article lists only possible purposes for which scientific research can be conducted. So this chapter turned out to be significantly shortened in comparison with the previous law .

The new chapter that appeared in this version of the Law is Chapter 13, is devoted to the basics of the formation of environmental culture. It is presented in four articles, and since only they in the text of the Law are related to environmental education and environmental educational activities, we will present the entire chapter.

Article 71. Universality and complexity environmental education.

In order to form an ecological culture and vocational training specialists in the field of environmental protection, a system of universal and comprehensive environmental education is established, including preschool and general education, secondary vocational and higher professional education, postgraduate professional education, professional retraining and advanced training of specialists, as well as dissemination environmental knowledge, including through means mass media, museums, libraries, cultural institutions, environmental institutions, sports and tourism organizations.

Article 72. Teaching the basics of environmental knowledge in educational institutions.

1. In preschool educational institutions, educational institutions and educational institutions additional education Regardless of their profile and organizational and legal forms, the fundamentals of environmental knowledge are taught.

2. In accordance with the profile of educational institutions providing professional training and advanced training of specialists, teaching is provided academic disciplines on environmental protection, environmental safety and rational use of natural resources.

Article 73. Training of heads of organizations and specialists in the field of environmental protection and environmental safety.

1. Heads of organizations and specialists responsible for making decisions when carrying out economic and other activities that have or may have a negative impact on the environment must have training in the field of environmental protection and environmental safety.

2. Training of heads of organizations and specialists in the field of environmental protection and environmental safety, responsible for making decisions when carrying out economic and other activities that have or may have a negative impact on the environment, is carried out in accordance with the law.

Article 74 . Environmental education.

1. In order to form an ecological culture in society, educate careful attitude to nature, rational use of natural resources, environmental education is carried out through the dissemination of environmental knowledge about environmental safety, information about the state of the environment and the use of natural resources.

2. Environmental education, including informing the population about legislation in the field of environmental protection and legislation in the field of environmental safety, is carried out by government bodies of the Russian Federation, government bodies of the constituent entities of the Russian Federation, local government bodies, public associations, the media, and also educational institutions, cultural institutions, museums, libraries, environmental institutions, sports and tourism organizations, and other legal entities.

Thus, unlike the previous law, the new one significantly strengthens government component and the rights of citizens and their priority are no longer specified in such detail. Despite what's left Information Support citizens in the field of environmental quality, the role of the Government of the Russian Federation in organizing a system of universal and continuous environmental education and education of all citizens of the country. This should have been carried out by specially authorized state bodies of the Russian Federation, providing the population environmental information and participating in the organization of universal continuous environmental education and training. In republics, autonomous regions and districts, in territories, regions and local governments, the organization of general environmental education, upbringing and enlightenment was required by law as an essential attribute of environmental protection. Unfortunately, very little remains of these provisions, which has made it possible since the adoption of this new law to practically curtail the teaching of ecology in educational institutions. We will return to this topic in Chapter 13 of the Law.

Chapter fourteen The law deals with liability for environmental violations. First of all, the types of such liability are listed. This provides for disciplinary, material, and administrative liability. There is also an article on criminal liability for environmental crimes. It is stipulated that disputes in the field of environmental protection are resolved in court in accordance with the law.

The obligation to fully compensate for damage to the environment and the procedure for compensating for damage caused by violation of environmental legislation are stipulated. In addition, compensation for damage caused to the health and property of citizens as a result of violation of the law is provided, as well as requirements to limit, suspend or even terminate the activities of persons carried out in violation of legislation in the field of environmental protection.

In the fourteenth chapter The law discusses compensation for damage caused by environmental violations. It is intended to compensate for such damage in in full in the form of adequate material compensation, or in kind, in the form of restoration of the natural environment. Options for compensation for damage caused by a source of increased danger to the health of citizens or their property are considered, and methods of claims to stop environmentally harmful activities are discussed.

Provided in fifteenth chapter Law and the international cooperation in the field of environmental protection. It is stated here that the Russian Federation carries out international cooperation in the field of environmental protection in accordance with generally accepted principles and norms international law .

Unfortunately, the definitions of specially protected areas have been removed from the Law. We provide these definitions from the text of the previous Law. Here they are: " State nature reserves natural complexes (land, subsoil, water, flora and fauna) that have environmental, scientific, environmental and educational significance, as standards of the natural environment, are considered to be permanently withdrawn from economic use and not subject to withdrawal for any other purposes, especially protected by law , typical or rare landscapes, places where the genetic fund of plants and animals is preserved.”

There, scientists conducting such developments were provided with government support, and they were part of expert advice, giving opinions on environmental assessment of projects, participated in solving practical problems rational environmental management, formation of ecological culture of society. And, what is especially important, they were personally responsible for scientific results their developments.

Environmental offenses were listed in the text of the previous Law, here are some of them:

— non-compliance with standards, norms and other environmental quality standards;

- pollution of the natural environment and resulting harm to human health, flora and fauna, property of citizens and legal entities;

— damage, damage and destruction of natural objects, including natural monuments, depletion and destruction of natural reserve complexes and natural ecological systems;

- violation of the established procedure or rules for the extraction, collection, procurement, sale, purchase, acquisition, exchange, shipment, import and export abroad of objects of flora and fauna, products from them, as well as botanical, zoological and mineralogical collections;

— exceeding the established standards to the maximum permissible levels and concentrations harmful substances;

— untimely or distorted information, refusal to provide timely, complete and reliable information about the state of the natural environment and radiation situation.

Unfortunately, they are omitted from the text of the Law, but we recall them from the text of the previous Law. These principles boil down to the following:

- every person has the right to life in the most favorable environmental conditions;

— every state has the right to use the natural environment and natural resources for the purposes of development and meeting the needs of its citizens;

— the environmental well-being of one state cannot be ensured at the expense of other states or without taking into account their interests;

— economic activities carried out on the territory of the state must not cause damage to the natural environment both within and outside its jurisdiction;

— any types of economic and other activities whose environmental consequences are unpredictable are unacceptable;

— control must be established at the global, regional and national levels over the state and changes in the natural environment and natural resources based on internationally recognized criteria and parameters;

— free and unhindered international exchange of scientific and technical information on environmental problems and advanced environmental technologies must be ensured;

— states must provide assistance to each other in environmental emergencies;

— all disputes related to environmental problems must be resolved only by peaceful means.

These fundamental principles international cooperation is most often violated under the pretext of national interests or state secrets.

Structure and summary Law of the Russian Federation “On Environmental Protection”

Section 1. General provisions.

This section defines the following: the tasks of the environmental legislation of the Russian Federation, the system of environmental legislation, the basic principles of environmental protection, objects of environmental protection, competence government agencies authorities different levels in the field of environmental protection.

The system of environmental legislation is built on the same principle as the main law.

Section 2. The right of citizens to a healthy favorable environment.

The right of citizens to health protection from the adverse effects of the natural environment caused by economic or other activities is secured; consequences of accidents, disasters, natural Disasters which is provided by:

• - planning and regulation of the quality of the natural environment;
• - social insurance of citizens;
• - providing real opportunities to live in conditions favorable to life and health;
• - compensation for harm caused to health;
• - state control over the state of the natural environment.

Section 3. Economic mechanism for environmental protection.

This section covers the following:

• - tasks of the economic mechanism;
• - the need to maintain inventories of natural resources;
• - sources of financing for environmental activities;
• - procedure for issuing a license for integrated environmental management;
• - limits on environmental management (withdrawal of natural resources, emissions and discharges of pollutants into the environment, disposal of production waste);
• - types of payments for natural resources (for the right to use natural resources within established limits, for over-limit and irrational use natural resources, for the reproduction and protection of natural resources);
• - a mechanism for economic incentives for environmental protection (tax discounts, deferred payments, preferential loans, incentive prices and premiums for environmentally friendly products, etc.).

Section 4. Standardization of environmental quality.

The section provides the basic requirements for regulating the quality of the natural environment and provides a list of maximum permissible standards for impact on the natural environment.

Section 5. State environmental assessment.

The section defines the purpose of conducting a state environmental assessment (checking the compliance of economic and other activities with the environmental safety of society), the objects of the examination, and the possibility of conducting a public environmental assessment.

Section 6. Environmental requirements for the placement, design, construction, reconstruction, commissioning of enterprises, structures and other objects.

The section pays attention to the need to take environmental safety into account when developing feasibility studies for projects.

Section 7. Environmental requirements for the operation of enterprises, structures, other facilities and other activities.

The section provides separate environmental requirements:

• - in agriculture;
• - during reclamation works;
• - to energy facilities;
• - during the reconstruction and construction of cities and other populated areas;
• - using chemical substances;
• - to military and defense facilities.

Section 8. Environmental emergencies.

The law provides for the identification of two types of crisis zones:

• 1. Zones of environmental emergency - areas of the territory of the Russian Federation where, as a result of economic and other activities, sustainable negative changes occur in the natural environment, threatening the health of the population, the state of natural ecological systems, genetic funds of animals and plants;
• 2. Ecological disaster zones - territories where deep irreversible changes in the natural environment have occurred, resulting in a significant deterioration in the health of the population, violation natural balance, destruction of ecosystems, degradation of flora and fauna.

Such zones are declared by resolutions of the Government of the Russian Federation, decrees of the President of the Russian Federation on the basis of the conclusion of the state environmental assessment. In Russia, the following zones are recognized: Kuznetsky coal basin Kemerovo region, Nizhny Tagil Sverdlovsk region, Bratsk, Irkutsk region.

Section 9. Specially protected natural areas and objects.

The section defines the conditions for classifying natural objects as specially protected, their legal regime and protection measures.

Section 10. Environmental control.

The section defines the tasks of environmental control:

• - monitoring the state of the natural environment and its changes;
• - checking the implementation of plans and measures for nature protection, rational use natural resources, improvement of the natural environment, compliance with the requirements of environmental legislation and environmental quality standards;

And also the levels of environmental control:

• - state;
• - production;
• - public.

Section 11. Environmental education, education, scientific research.

The section talks about the need for universal, comprehensive and continuous environmental education and training, as well as the mandatory nature of environmental knowledge in educational institutions, preventive environmental training for managers and specialists, conducting scientific environmental research.

Section 12. Resolution of disputes in the field of environmental protection.

The law determines the possibility of resolving disputes between legal entities and individuals in court.

Section 13. Liability for environmental violations.

The section provides a definition of environmental offenses (guilty, illegal acts that violate environmental legislation); according to the methods of applying sanctions, 4 types of environmental and legal liability are distinguished:

• 1. Disciplinary (for individuals) - for failure to implement plans and measures for nature conservation and rational use of natural resources, violation of environmental quality standards and requirements of environmental legislation arising from labor function or official position;
• 2. Material (to individuals) - in the form of reimbursement of expenses of an enterprise, institution or organization to eliminate harm caused by an environmental violation;
• 3. Administrative (for individuals and legal entities) - for committing environmental offenses in the form of fines;
• 4. Criminal (for individuals) - for committing an environmental crime.

Section 14. Compensation for damage caused by environmental violations.

The law determines the obligation of full compensation for harm, the procedure for its compensation (voluntary, by court decision). Damage can be caused:

• - environment;
• - health;
• - property.

Section 15. International cooperation in the field of environmental protection.

The section provides principles and types of international cooperation.

The system of environmental legislation based on fundamental constitutional acts includes two subsystems: environmental and natural resource legislation.

The main law is the Constitution of the Russian Federation, which introduces scientific circulation definition environmental activities human in the sphere of interaction between society and nature: environmental management, environmental protection, ensuring environmental safety.

The central place among the environmental norms of the Constitution of the Russian Federation is occupied by Art. 9, part 1, which states that land and other natural resources in the Russian Federation are used and protected as the basis for the life and activities of the peoples living in the relevant territory.

The Constitution of the Russian Federation has two very important norms, one of which (Article 42) enshrines the human right to a favorable environment and to compensation for damage caused to his health or property, and the other proclaims the right of citizens and legal entities to private ownership of land and other natural resources (Article 9, Part 2).

The first concerns the biological principles of man, the second - his material foundations existence.

The Constitution of the Russian Federation also formalizes the organizational and legal relations between the Federation and the subjects of the Federation. The current system of legislative and regulatory acts in the field of environmental protection, ensuring environmental safety and rational use of natural resources in accordance with the requirements of the Constitution of the Russian Federation is illustrated in Table. 1.

On the subject of its jurisdiction, the Russian Federation adopts federal laws that are binding throughout the country. Subjects of the Russian Federation have the right to their own regulation of environmental relations, including the adoption of laws and other regulations. The Constitution of the Russian Federation enshrines general rule: laws and other legal acts of the subjects of the Federation must not contradict federal laws. The provisions of the Constitution of the Russian Federation are specified in the sources of environmental law.

Firstly, this Law is the main legislative act, the subject of regulation of which is environmental relations.

Table 1.

Federal level	Regional level
Russian Federation Federal laws governing legal regulation on the territory of the Russian Federation Presidential decrees, resolutions State Duma, resolutions (orders) of the government of the Russian Federation System state standards(GOST) and building codes and regulations (SNIP) System of industry standards (OST, RD, Sanpin, MPC, OBUV, etc.) System of interdepartmental and departmental normative and methodological documentation International treaties, conventions, agreements and other international legal acts to which the Russian Federation is a party (legal successor)	Subjects of the Russian Federation Laws of the subjects of the Russian Federation Resolutions (orders) of authorities executive power subjects of the Federation System of regional standards and regulations Bilateral international agreements

By regulating these relations, it aims to solve three problems: preserving the natural environment, preventing and eliminating the harmful effects of economic activities on nature and human health, improving the health and improving the quality of the environment.

The law heads the system of environmental legislation, i.e., in matters of environmental protection, the norms of other laws should not contradict this legislation.

Secondly, the main direction of the Law is to ensure a scientifically based combination of environmental and economic interests with the priority of protecting health and natural human rights to a favorable environment. This justification is provided by the maximum permissible standards for the impact of economic activities on the natural environment. Exceeding these standards is an environmental offense.

Thirdly, in contrast to sectoral laws (for example, the fundamentals of land legislation), the Law formulates requirements addressed to sources of harmful impacts on the natural environment, i.e., to enterprises, institutions and organizations that provide harmful effects to the natural environment.

Fourthly, central theme The law is a person, protecting his life and health from the adverse effects of environmental exposure. The Law considers a person both as a subject of impact on the natural environment, responsible for his activities, and as a subject of such impact, endowed with guarantees for compensation for harm caused.

Fifthly, the provisions of the Law establish the mechanism for its implementation, which consists of a system that includes economic incentives for the business owner in the PA and measures of administrative and legal influence on violators of environmental and legal regulations. The law establishes economic mechanism OPS, as well as the mandatory state environmental assessment, state environmental control, its powers to suspend, limit, terminate environmental activities hazardous industries, measures of administrative and criminal liability for environmental violations, compensation for damage to the natural environment and human health, environmental education and upbringing.

The effectiveness of this mechanism depends on the level organizational activities supervisory and control authorities for environmental safety regulations, from logistical And financial security environmental protection measures, from performance discipline, as well as the state of environmental culture in society.

In January 2002, a new federal law “On Environmental Protection” came into force. This law replaced the RSFSR Law “On Environmental Protection”, adopted in 1991. During 2004-2008, changes were made to the law related to clarifying the powers of the constituent entities of the Russian Federation and municipalities in the field of environmental protection.

The Law “On Environmental Protection” consists of 16 chapters:

Chapter I. General provisions.

Chapter II. Fundamentals of environmental management.

Chapter III. Rights and obligations of citizens, public and other non-profit associations in the field of environmental protection.

Chapter IV. Economic regulation in the field of environmental protection.

Chapter V. Standardization in the field of environmental protection.

Chapter VI. Environmental impact assessment and environmental expertise.

Chapter VII. Requirements in the field of environmental protection when carrying out economic and other activities.

Chapter VIII. Ecological disaster zones, emergency zones.

Chapter IX. Natural objects under special protection.

Chapter X. State environmental monitoring (state environmental monitoring).

Chapter XI. Control in the field of environmental protection (ecological control).

Chapter XII. Scientific research in the field of environmental protection.

Chapter XIII. Fundamentals of the formation of ecological culture.

Chapter XIV. Responsibility for violation of legislation in the field of environmental protection and resolution of disputes in the field of environmental protection.

Chapter XV. International cooperation in the field of environmental protection.

Chapter XVI. Final provisions.

IN chapter 1 The federal law provides definitions of basic concepts, including: in the field of regulation, state environmental monitoring, environmental audit, best available technology, environmental risk and environmental safety. The basic principles of environmental protection are formulated, which allow for the impact of economic and other activities on the natural environment, based on compliance with requirements in the field of environmental protection. At the same time, reducing the negative impact of economic and other activities on the environment should be carried out based on the use of the best existing technologies, taking into account economic and social factors. The law establishes objects for environmental protection from pollution, depletion, and degradation, these include:

Lands, subsoil, soils;

Surface and underground waters;

Forests and other vegetation, animals and other organisms and their genetic fund;

Atmospheric air, the ozone layer of the atmosphere and near-Earth space.

The powers of state authorities of the Russian Federation, constituent entities of the Russian Federation and local governments in the field of relations related to environmental protection are considered in chapter 2. The division of powers in the sphere of relations related to environmental protection between state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation should be carried out on the basis of Agreements between federal executive authorities and executive authorities of the constituent entities of the Russian Federation, on the transfer of part of the powers on environmental protection issues to them environment.

The rights and obligations of citizens, public and other non-profit associations in the field of environmental protection are discussed in chapter 3 law. Every citizen of the Russian Federation has the right to a favorable environment, to its protection from negative impacts caused by economic and other activities, natural and man-made emergencies, to reliable information about the state of the environment and to compensation for damage to the environment. This chapter also defines the rights and obligations of public and other non-profit associations operating in the field of environmental protection, and a system of government measures to ensure the rights to a favorable environment.

Methods of economic regulation in the field of environmental protection, discussed in chapter 4 include:

Conducting an economic assessment of the impact of economic and other activities on the environment;

Providing tax and other benefits when introducing the best existing technologies, non-traditional types of energy, using secondary resources and recycling waste, as well as when implementing other effective measures on environmental protection in accordance with the legislation of the Russian Federation;

Establishment of payment for negative impact on the environment;

Support for entrepreneurial, innovative and other activities (including environmental insurance) aimed at protecting the environment.

The law abolished the system of environmental funds that existed since 1991. The fee for negative impact on the environment (pollution fee) has been retained. It has been determined that business activities carried out for the purpose of environmental protection are supported by the state through the establishment of tax and other benefits. The mechanism of voluntary environmental insurance, which had been in force since 1991, was liquidated.

IN chapter 5 the system of regulation in the field of environmental protection is considered. The law determines that regulation in the field of environmental protection consists of establishing standards for environmental quality, standards for permissible impact on the environment, as well as state standards and other documents. Rationing is carried out in the order established by the Government Russian Federation.

The Law includes standards for environmental quality that are established in accordance with chemical, physical and biological indicators environmental conditions.

In order to prevent the negative impact of economic and other activities on the environment, the following standards for permissible environmental impact are established for legal entities and individuals:

Standards for permissible emissions and discharges of substances and microorganisms;

Standards for the generation of production and consumption waste and limits on their disposal;

Standards for permissible removal of components of the natural environment;

Standards for permissible anthropogenic load on the environment.

As one of the elements of environmentally friendly economic activity, the Law introduces voluntary and mandatory environmental certification.

The Federal Law “On Environmental Protection” fundamentally changes chapter 6, dedicated to the state environmental assessment. This chapter, as an independent article of the law, includes an environmental impact assessment, which is carried out in relation to planned economic and other activities that may have a direct or indirect impact on the environment. Environmental impact assessment is carried out during the development of all alternative options for pre-project, including pre-investment, and project documentation justifying the planned economic and other activities, with the participation of public associations.

Chapter 7 is devoted to environmental protection issues when carrying out economic and other activities and includes the following articles containing requirements in the field of environmental protection during:

placement of buildings, structures, structures and other objects;

design of buildings, structures, structures and other objects;

construction and reconstruction of buildings, structures, structures and other objects;

commissioning of buildings, structures, structures and other objects;

operation and decommissioning of buildings, structures, structures and other objects;

operation of agricultural facilities;

during land reclamation, placement, design, construction, reconstruction, commissioning and operation of reclamation systems and separately located hydraulic structures;

placement, design, construction, reconstruction, commissioning and operation of energy facilities;

placement, design, construction, reconstruction of urban and rural settlements;

use radioactive substances and nuclear materials;

production and operation of automobile and other Vehicle;

placement, design, construction, reconstruction, commissioning and operation of oil and gas production facilities, processing facilities, transportation, storage and sale of oil, gas and their processed products;

use of chemicals in agriculture and forestry;

production, handling and neutralization of potentially hazardous chemicals, including radioactive, other substances and microorganisms;

management of production and consumption waste;

establishing protective and security zones;

privatization and nationalization of property;

placement, design, construction, reconstruction, commissioning, operation and decommissioning of military and defense facilities, weapons and military equipment.

In Chapter 8 The procedure for declaring and establishing the regime of environmental disaster zones is considered. Environmental protection in emergency zones is established by the federal law on the protection of the population and territories from natural and man-made emergencies and other regulatory legal acts of the Russian Federation.

IN chapter 9 issues of protection of natural objects are considered. To protect natural objects that have special environmental, scientific, historical, cultural, aesthetic, recreational, health and other valuable significance, a special legal regime is established, including the creation of specially protected natural areas. Lands within the boundaries of territories on which natural objects are located that have special environmental, scientific, historical, cultural, aesthetic, recreational, health and other valuable significance and are under special protection are not subject to privatization.

IN chapter 10 The issues of organizing state environmental monitoring were considered. It is carried out in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation in order to monitor the state of the environment, including the state of the environment in the areas where the sources are located anthropogenic impact and the impact of these sources on the environment, as well as in order to meet the needs of the state, legal entities and individuals for reliable information necessary to prevent and (or) reduce the adverse consequences of changes in the state of the environment.

Chapter 11 The federal law “On Environmental Protection” is devoted to environmental control. In the Russian Federation, state, industrial and public control is carried out in the field of environmental protection. State environmental control is carried out by federal executive authorities and executive authorities of the constituent entities of the Russian Federation. In this case, the list of objects subject to federal state environmental control is determined by the Government of the Russian Federation.

Industrial environmental control is carried out in order to ensure the implementation in the process of economic and other activities of measures for environmental protection, rational use and restoration of natural resources, as well as in order to comply with requirements in the field of environmental protection, established by law in the field of environmental protection. Enterprises are required to provide information on the organization of industrial environmental control to the relevant executive authority exercising state environmental control. Public environmental control is carried out by public and other non-profit associations in accordance with their charters, as well as by citizens in accordance with the law.

IN chapter 12 The procedure for conducting scientific research in the field of environmental protection, which is carried out by scientific organizations in accordance with the federal law on science and state scientific and technical policy, is considered.

Chapter 13 dedicated to the formation of environmental culture. In order to form an environmental culture and professional training of specialists in the field of environmental protection, the law establishes a system of universal and comprehensive environmental education, which includes preschool and general education, secondary, vocational and higher vocational education, postgraduate vocational education, professional retraining and advanced training of specialists, as well as the dissemination of environmental knowledge, including through the media, museums, libraries, cultural institutions, environmental institutions, sports and tourism organizations. Managers of organizations and specialists responsible for making decisions when carrying out economic and other activities that have or may have a negative impact on the environment must have training in the field of environmental protection and environmental safety.

IN chapter 14 establishes liability for violation of legislation in the field of environmental protection and the procedure for resolving disputes in the field of environmental protection. For violation of legislation in the field of environmental protection, property, disciplinary, administrative and criminal liability is established in accordance with the law.

Thus, economic entities are required to fully compensate for damage to the environment, including projects that have a positive conclusion from the state environmental assessment. Damage to the environment is compensated in accordance with duly approved rates and methods, and in their absence, based on actual costs, taking into account losses incurred, including lost profits. Claims for compensation for environmental damage caused by violation of environmental legislation may be brought within twenty years.

The procedure for limiting, suspending or terminating the activities of legal entities and individuals carried out in violation of environmental legislation has also been changed. If previously supervisory authorities, by their orders, could suspend or terminate the activities of business entities, now demands to limit, suspend or terminate the activities of legal entities and individuals carried out in violation of environmental legislation must be considered by a court or arbitration court.

IN chapter 15 Issues of international cooperation in the field of environmental protection were considered. The Russian Federation carries out international cooperation in the field of environmental protection in accordance with generally recognized principles and norms of international law and international treaties Russian Federation in the field of environmental protection.