Law is built and functions on certain principles that express its essence and social purpose, reflecting the main properties and features. All participants in environmental relations must be guided by the principles of law - legislative, executive, judicial authorities, enterprises, public formations, citizens. Compliance with principles can serve as a measure of legal and social nature state, the effectiveness of all activities to ensure rational environmental management and protection environment, protection of environmental rights and legitimate interests of humans and citizens.
Environmental law is based both on the general principles of Russian law and on the principles of a given industry (industry). The general principles that determine the essence of law as a whole are the principles of social justice and social freedom, equality (equality before the law), unity of legal rights and obligations, responsibility for guilt, legality and some others.
Development process environmental legislation Russia is currently demonstrating the strengthening of the role of principles. Thus, if in the Land Code of the RSFSR and in the Law of the RSFSR “On the Protection of the Natural Environment” goals and objectives were highlighted (in the second case, along with principles), then in the Land Code of the Russian Federation of October 25, 2001, goals and objectives, and in The Law “On Environmental Protection” does not have any tasks, but the principles of these legislative acts and the relevant legislation in general are formulated. Thus, against the background of a decrease in the number of methods available to legal technology for consolidating the most important guidelines of legal regulation in a specific branch of legislation (goals, objectives, principles), the importance of the principles in the current environmental legislation of Russia has increased to a certain extent.
The basic principles of environmental protection are defined in Art. 3 of the Law “On Environmental Protection”. At the same time, they are also principles of environmental law. This Law establishes that when carrying out economic, managerial and other activities that have a negative impact on the state of the environment, government bodies, enterprises, institutions, organizations, as well as citizens of the Russian Federation, foreign legal entities and citizens, stateless persons are required to be guided by the following basic principles:
- * priority of protecting human life and health, ensuring favorable environmental conditions for life, work and rest of the population;
- * scientifically based combination of environmental and economic interests of society, providing real guarantees of human rights to a healthy and life-friendly natural environment;
- * rational use of natural resources, taking into account the laws of nature, the potential of the natural environment, the need to reproduce natural resources and prevent irreversible consequences for the environment and human health;
- * compliance with the requirements of environmental legislation, the inevitability of liability for their violations;
- * openness in work and close communication with public organizations and the population in solving environmental problems;
- * international cooperation in environmental protection.
The priority principle is certainly the principle of respect for human rights to a favorable environment. The right to a favorable environment is one of the basic, natural rights of a person, affecting the foundations of his life activities related to the maintenance of normal environmental, economic, aesthetic and other conditions of his life. It is a kind of core of the right to a favorable environment - its necessary and permanent, most protected by law and most successfully implemented part. The object of the right to a healthy environment is such a natural environment (its quality), the condition of all components of which complies with established sanitary and hygienic standards.
The concept of “favorable” in relation to the environment can mean its state in which a decent life and human health are possible. A favorable environment is also characterized by the ability to satisfy aesthetic and other human needs for the preservation of species diversity. In addition, the environment is favorable if its condition complies with the criteria, standards and regulations established in environmental legislation regarding its purity (non-pollution), resource intensity (inexhaustibility), environmental sustainability, species diversity and aesthetic richness.
The Russian Federation as a state, while carrying out its management functions in the field of use of natural objects, is obliged to coordinate its position with the individual and not cause damage to the citizens of its country, both present and future generations. This obligation is laid down in Art. 2 of the Constitution of the Russian Federation, according to which the state is obliged to recognize, respect and protect the right of every citizen, including users of natural resources, to a favorable environment. The state must strictly regulate and control the use of natural resources, develop scientifically based, maximum permissible indicators of changes in the natural environment and monitor compliance with them by all natural resource users.
Principle of provision favorable conditions human life should rather be perceived as a goal towards which the Russian state and the entire world community strives, rather than something that actually operates. The implementation of this principle will be carried out if all the principles enshrined in the commented Law are implemented, so we will not dwell on it in detail.
The next principle of environmental protection enshrines the principle of a scientifically based combination of environmental, economic and social interests of man, society and the state in order to ensure sustainable development and a favorable environment. The main ways of optimal relationship between nature and society are laid down in the concept of sustainable development, proposed both in international and Russian legal acts. The state is obliged to find a compromise between the natural right of every person to use natural resources and to a favorable environment, since these rights seem to be in conflict: any use of natural resources (and especially improper) always violates the right of others, and even the right of the natural resource user himself to a favorable environment. The concept of sustainable development is based on the principle of greening economic activity, which presupposes the possibility of preserving natural resource potential in order to meet social needs. The implementation of the principle under consideration is possible through, on the one hand, the prohibition of certain types of production, and on the other, the need to introduce the latest progressive technologies and devices (waste-free, low-waste, closed-loop water supply, wastewater treatment plants, reforestation, increasing soil fertility).
The necessary conditions for ensuring a favorable environment and environmental safety are the protection, reproduction and rational use of natural resources. The protection of natural resources is understood as a system of legal, organizational, economic and other measures aimed at their rational use, protection from harmful influences, as well as their reproduction. The priority of protecting natural resources is based on their limited space, irreplaceability, and often the impossibility of their restoration if used irrationally.
The next principle of environmental protection is the principle of responsibility of authorities state power of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local governments for ensuring a favorable environment and environmental safety in the relevant territories. Here, apparently, what is meant is not legal responsibility for an offense (negative legal responsibility), but the legal positive responsibility currently expressed in the literature, which is defined by the authors as an awareness of duty, the obligation to perform actions consistent with the nature of the social system, expressed various points vision.
Since we adhere to the position of those authors who associate responsibility primarily with the commission of illegal actions and call punishment as its defining feature, the principle in question is not entirely clear to us. In our opinion, ensuring a favorable environment and environmental safety in the relevant territories is one of the main responsibilities of government bodies of the Russian Federation, government bodies of constituent entities of the Russian Federation, and local governments. And in case of violation of this obligation, the perpetrators must be held accountable.
Consolidating the principle of payment for environmental use and compensation for environmental damage is aimed at implementing the efficient use of natural resources and reducing their undervaluation. Natural resource legislation establishes its own forms of payment for each type of natural resource. So, for example, the forms of payment for water use are payment for the right to use water bodies and payment directed to the restoration and protection of water bodies. For use forest resources fees are levied in two main forms - forest taxes and rent. In relation to subsoil, there are four forms of paid use of natural resources: for the right to search for mineral resources; for the right to extract minerals; for the right to use subsoil for other purposes; for the reproduction of the mineral resource base. Forms of payment for the use of land - land tax and rent.
The purpose of introducing environmental pollution charges into the system of natural resource payments is to improve the economic mechanism of environmental management. The fee performs the function of resource saving, including payments for each component of pollution, type of harmful impact, which leads to a healthier environment and a reduction in the environmental intensity of national income.
Basic principles. Each state, exercising the right to pursue the policy it needs in relation to the national environmental system, must comply with the generally recognized principles and norms of modern international law: respect for state sovereignty, sovereign equality of states, territorial integrity and integrity, cooperation, peaceful resolution international disputes, international legal responsibility. All environmental protection agreements are based on them.
Special principles. Protecting the environment for the benefit of present and future generations is a general principle in relation to the entire set of special principles and norms of international environmental law (IEL). Its essence boils down to the obligation of states, in the spirit of cooperation for the benefit of present and future generations, to take all necessary actions to preserve and maintain the quality of the environment, including the elimination of negative consequences for it, as well as for the rational and scientifically based management of natural resources.
Special environmental protection principles include the following:
1. No transboundary damage . This principle prohibits acts by States within their jurisdiction or control that would harm foreign national environmental systems and public areas.
2. The principle of inadmissibility of radioactive contamination of the environment covers both military and peaceful uses of nuclear energy. Elements of the principle of inadmissibility of radioactive contamination of the environment (for example, the current norm on the prohibition of radioactive contamination of the atmosphere, outer space and the bottom of the World Ocean as a result of nuclear test explosions, as well as some still emerging norms) should form one of the most important links in the mechanism of environmental protection.
3. The principle of protecting the ecological systems of the World Ocean obliges states to: take all necessary measures to prevent, reduce and control pollution of the marine environment from all possible sources; not to transfer, directly or indirectly, damage or danger of pollution from one place to another and not to transform one type of pollution into another; ensure that the activities of States and persons under their jurisdiction or control do not cause harm to other States and their marine environments through pollution.
4. The principle of prohibition of military or any other hostile use of means of influencing the natural environment expresses in concentrated form the obligation of States to take all necessary measures to effectively prohibit such use of environmental means that have widespread, long-term or serious consequences as a means of destruction, damage or injury to any State.
5. Ensuring environmental safety as the principle has begun to take shape in recent years. It reflects, first of all, the global and extremely acute nature of international problems in the field of environmental protection. Elements of this principle can be considered the duty of states to carry out military-political and economic activities in such a way as to ensure the preservation and maintenance of an adequate state of the environment.
6. The principle of monitoring compliance with international environmental treaties provides for the creation, in addition to the national one, of an extensive system of international control and monitoring of environmental quality. They must be implemented at the global, regional and national levels based on internationally recognized criteria and parameters.
7. The principle of international legal responsibility of states for environmental damage provides for liability for significant damage to environmental systems beyond national jurisdiction or control.
The development of MEAs is also characterized by the introduction into international legal practice of agreements on consultations, control over quality and changes in the environment, early notification of predicted significant changes in the state of the environment, etc. They lead to the formation of a system of preventive actions aimed at preventing damage to the environment.
Environmental protection methods are divided into three main groups:
Direct environmental protection measures (development and use of various types of treatment facilities, processing, storage or disposal of waste, reclamation of disturbed lands, etc.);
Development and implementation of low-waste and resource-saving technologies (integrated processing of minerals, mineral and other raw materials, use of technologies that generate small amounts of waste, closed water use systems, etc.);
Application of indirect environmental measures (adoption of legislative and regulatory acts, structural restructuring of the economy, improvement of export policy, etc.).
End of work -
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Ecological factors are those properties of the components of the ecosystem and its external environment that have direct impact into individuals.. they are divided into external exogenous and internal endogenous external.. environmental factors are also divided into imperative conditions of existence food water heat light oxygen without..
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The principles of environmental legislation enshrined in Article 3 of the Federal Law “On Environmental Protection” are its main principles, guiding ideas and provisions that determine the general direction and specific content of legal regulation in this area. The principles extend their effect to a wider area of social life than legal norms. As a rule, one principle is reflected and embodied in a number of individual norms. In combination with the sphere of life activity, methods, sources and legal regimes, the principles inherent in a particular branch of law create a special regime of legal regulation, which is the most complex characteristics this industry. The principles of a branch of law most clearly express its specificity: it is enough to familiarize yourself with these principles in order, without knowing anything else about this branch, to form an adequate idea of its system, social purpose, goals and objectives, and means of solving them.
The principles of legislation serve as a guideline for lawmaking and law enforcement activities of state authorities and local governments. Compliance with the principles of legislation ensures the normal and uniform development and functioning of the entire Russian legal system as a whole. Constitutional Court of the Russian Federation, Supreme Court The Russian Federation and the Supreme Arbitration Court of the Russian Federation in their decisions often remind of the need to use the principles of law, since the latter can be a source of law when gaps are discovered in it.
The first in Article 3 is the principle of respect for the human right to a favorable environment. It is no accident that this principle is given first place in the law. In accordance with Art. 2 of the Constitution of the Russian Federation, “man, his rights and freedoms are the highest value.” Therefore, in the context of environmental legislation, the nature highest value bears precisely the right to a favorable environment.
The Law (Article 1) defines a favorable environment as “an environment whose quality ensures the sustainable functioning of natural ecological systems, natural and natural-anthropogenic objects.” Thus, the right to a favorable environment has a fairly broad content: it is not limited to the human right to environmental well-being in the places where one’s daily life takes place. Everyone has the right to demand respect for ecological balance not only in the area of their immediate residence, but also in other, even remote, places on the planet. The right to a favorable environment as a subjective legal right is ensured by judicial protection. Violations of this principle may be appealed in court or administrative proceedings.
Providing favorable conditions for human life. This principle differs in content from the previous one. It involves creating for each person the most comfortable living environment, not only in an environmental sense, but also in all other respects. Compliance with this principle means that the performance of any action must be assessed in terms of how this action affects the livelihoods of other people. The behavior of a particular subject - individual, social group, social organization, including the state - one way or another affects others. From this point of view, socially unjustified are those acts that create an obstacle to the existence and activities of other social entities. Let us pay attention: in the legislative formulation we are talking specifically about the life activity of a person, and not society. Thus, interests are taken as a criterion individual, which are always more specific and tangible than the interests of society. In addition, we mean all living conditions, including social, economic, cultural, etc.
A scientifically based combination of environmental, economic and social interests of man, society and the state in order to ensure sustainable development and a favorable environment. Here, for the first time, the principle of sustainable development is enshrined at the legislative level. The idea of sustainable development is often given a purely ecological content, which is not entirely correct. In reality, sustainable development and a favorable environment are far from the same thing, which is reflected in the text of this principle. Sustainable development as a certain social ideal has a pronounced systemic, integrative character. The environmental component comes to the fore because it was in the concept of sustainable development that for the first time due attention was paid to the problem of human interaction with nature.
Sustainable development presupposes harmonious, synchronous and coordinated progress in all areas of social life. None of the areas of development should come at the expense of other areas. For a long time, this truth was clearly insufficiently realized, as a result of which a sharp disharmony of individual spheres occurred social development, When technical progress got far ahead, overtaking cultural and social dynamics and completely ignoring natural factors.
Sustainable development does not mean that it is now necessary to devote all efforts to protecting the environment, sacrificing all technical and economic achievements for this. On the contrary, we should look for ways to further develop society in which it would be possible to achieve equal success in all these areas, moreover, so that they support and mutually stimulate each other. Therefore, the law talks about the optimal combination of environmental, economic and social interests, as well as the interests of the individual, society and the state (in this case, human interests, as mentioned above, are primary). The difficulty of realizing this social ideal is obvious, as is the fact that this goal can only be achieved through scientific means.
Protection, reproduction and rational use of natural resources as necessary conditions for ensuring a favorable environment and environmental safety. Natural resources, according to Art. 1 of the Federal Law “On Environmental Protection” are such components of the natural environment, natural and natural-anthropogenic objects that are used or can be used in economic or other activities as sources of energy, production products and consumer goods and have consumer value. The concept of natural resources thus contains an assessment natural phenomena from the point of view of their exploitation by humans.
The protection of natural resources is an activity to protect them from negative impacts, prevent such impacts and eliminate their consequences. Reproduction is an activity to replenish lost and spent resources. Rational use of natural resources is their consumption that does not exceed the limits of what is necessary, does not lead to irreversible depletion of resources, and leaves the opportunity for their restoration and increase.
All this is a condition for achieving environmental safety, which is a state of protection of the natural environment and vital human interests from the possible negative impact of economic and other activities, natural and man-made emergencies, and their consequences. In the legislative definition of environmental safety, trends appear that have already been mentioned above: the first of them is that the interest of the individual, rather than the social community, is put at the forefront. The second trend is to give environmental categories a broader meaning than usual; in this case, for example, environmental safety actually includes the protection of any vital human interests from any negative consequences of any type of activity.
Responsibility of state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation, local governments for ensuring a favorable environment and environmental safety in the respective territories. Here we are talking not so much about legal responsibility for an offense, but about the social responsibility of authorities to society. There is a distribution of powers between different levels environmental authorities. Each of these levels is responsible for the proper implementation of its powers.
Thus, responsibility is distributed according to the subjects of jurisdiction, as well as on a territorial scale (“in the relevant territories”): local authorities are responsible for the state of the environment in the territory of the municipality, regional authorities - at the level of the subject of the federation, federal authorities - throughout the territory of the municipality. countries. Thus, in any individual area Russian territory A triple system of environmental authorities should operate. But this requires that all three levels of government exercise their powers in a mode of mutual support and cooperation. Instead, in practice, there is a high degree of conflict in their relations and a desire to shift the implementation of environmental functions to each other.
Payment for environmental use and compensation for environmental damage. Environmental management refers to any economic and other activities related to the use of natural resources or affecting the state of the environment. In the future, the law mainly talks about paying for negative impacts on the environment. Thus, negative impact on the environment is not completely prohibited, which would be unrealistic - it is allowed, but within strictly defined limits and on a reimbursable basis. Payment of this fee does not exempt entities from carrying out environmental protection measures and from compensation for damage to the environment. Compensation for damage caused to the environment is regulated in Articles 77-78 of the Federal Law “On Environmental Protection”.
Independence of control in the field of environmental protection. Environmental control in legislation is understood as a system of measures aimed at preventing, identifying and suppressing violations of legislation in the field of environmental protection, ensuring compliance by economic and other entities regulatory requirements in the field of environmental protection.
Thus, control activities in their content are of a law enforcement nature; The emphasis is placed precisely on monitoring the implementation of legal acts. As for the principle of independence of control, we are talking, first of all, about the fact that the controlling entities must be independent from the controlled ones, not be subordinate to them and not be subject to pressure from them.
Presumption of environmental danger of planned economic and other activities. Presumption is a special technique of legal technique when something is considered legally recognized until the contrary is proven. In this case, it is meant that any economic activity should be considered as a potential threat to the environment until there is confidence to the contrary. But here, too, the scope of the principle is unjustifiably expanded due to the fact that the environmental danger of not only economic, but also “other” activities is declared. In fact, there are a huge number of activities that cannot initially cause damage to the environment (for example, opinion polls, giving lectures, writing literary works, etc.). Naturally, there can be no question of a presumption of environmental danger for such types of activities. Therefore, this principle requires a restrictive interpretation.
Mandatory environmental impact assessment (EIA) when making decisions on economic and other activities. EIA is an activity to identify, analyze and take into account the direct, indirect and other consequences of the environmental impact of a planned economic and other activity in order to make a decision on the possibility or impossibility of its implementation. However, a literal interpretation of this principle also leads to the conclusion that environmental impact assessment must precede the commencement of any human activity, which is neither practical nor feasible. We are talking here, apparently, only about activities that, at least theoretically, can have any impact on the environment.
Mandatory verification of projects and other documentation justifying economic and other activities that may have a negative impact on the environment, create a threat to the life, health and property of citizens, for compliance with the requirements of technical regulations in the field of environmental protection. In 2006, this principle replaced the principle of mandatory state environmental assessment of project documentation justifying economic and other activities. Since January 1, 2007, design documentation for capital construction projects has been the subject of a comprehensive state examination carried out in accordance with the legislation on urban planning activities. Article 3 of the Federal Law “On Environmental Protection” specifies cases of mandatory inspection of projects and other documentation - when the projected activity may have a negative impact on the environment, as well as cause harm to the life, health or property of citizens. At present, this principle cannot yet be implemented, because All technical regulations in the field of environmental protection have not yet been developed and adopted.
Taking into account the natural and socio-economic characteristics of territories when planning and implementing economic and other activities. The point is that each section of Russian territory is unique in its own way and in some way different from others. Differences may lie in the nature of the area, its level of population, climatic conditions, soil fertility, state of the environment, the presence of certain natural objects, the composition of flora and fauna, etc. Economic and other activities subject to environmental and legal assessment should not ignore the specifics of the territories in which it is planned to be carried out. Environmental legislation obliges, when organizing economic activity, to take into account not only its own interests, but also the interests of the natural and social environment where this activity is carried out.
The priority is to preserve natural ecological systems, natural landscapes and natural complexes. According to Article 1 of the Federal Law “On Environmental Protection”, a natural ecological system is an objective existing part the natural environment, which has spatial and territorial boundaries and in which living (plants, animals and other organisms) and non-living elements interact as a single functional whole and are interconnected by the exchange of matter and energy.
A natural complex is a complex of functionally and naturally interconnected natural objects, united by geographical and other relevant characteristics.
Natural landscape is a territory that has not been changed as a result of economic and other activities and is characterized by a combination of certain types of terrain, soils, and vegetation formed under the same climatic conditions.
As can be seen from the above definitions, the general distinctive features natural ecological systems, natural landscapes and natural complexes are their natural character and consistency. They develop and function in nature objectively, regardless of human will, and at the same time they represent a special inextricable connection of natural phenomena, from which not a single component can be removed. Hence the special importance of caring for ecosystems, natural landscapes and complexes: sometimes one awkward intervention is enough to disrupt the complex interaction of elements and begin an irreversible process with the most severe environmental consequences. Therefore, the priority of conservation is established by law natural ecosystems, natural landscapes and natural complexes, which means the need to maintain their functioning in a mode as close as possible to natural, and a ban on actions that could negatively affect their condition.
The permissibility of the impact of economic and other activities on the natural environment based on the requirements in the field of environmental protection. This is a general rule according to which any human activity related to environmental impact. Such an impact is inevitable, because the social life of humanity is inseparable from the natural environment; in the same way, the influence of nature on the activities of society is inevitable. Society is not able to completely protect nature from its influence, but it can quite reasonably limit this influence, which is dictated at least by the interests of self-preservation - after all, the reverse reaction of nature will not be slow in waiting.
Thus, environmental impact is legally permitted, but only in within certain limits, which are established by regulations and other generally binding environmental requirements.
Ensuring the reduction of the negative impact of economic and other activities in accordance with standards in the field of environmental protection, which can be achieved through the use of the best existing technologies, taking into account economic and social factors. This principle requires not only compliance with existing standards in the field of environmental protection, but also something more - constantly striving to reduce the negative anthropogenic impact on the environment. In other words, if there is an opportunity to improve a particular activity in the direction of reducing its impact on the environment, this opportunity should be taken.
Under "best available technology" in Art. 1 of the Federal Law “On Environmental Protection” is understood as a technology based on the latest achievements of science and technology, aimed at reducing the impact on the environment and having a set period of practical application, taking into account economic and social factors. The reference to socio-economic factors means that the best available technology must be optimal not only from an environmental point of view, but also in terms of its economic feasibility and practical feasibility, in otherwise such technology simply cannot be implemented and will not demonstrate its useful qualities.
Mandatory participation in environmental protection activities of government bodies of the Russian Federation, constituent entities of the Russian Federation, local governments, public and other non-profit organizations, legal entities and individuals. The legislative formulation of this principle is extremely unfortunate.
Firstly, all possible subjects of legal relations are listed, which raises the question: in whose environmental protection activities should they participate? Apparently, in each other's activities.
Secondly, for whom is this participation obligatory? As far as is known, there are no legal mechanisms for the forced involvement of individuals or public organizations in environmental activities.
Apparently, this principle refers to the need to unite the efforts of all subjects of public life in order to jointly solve environmental problems. However, the imperfection of legislative expression deprives this principle of legal certainty and makes it successful action problematic.
Conservation of biological diversity. We must not forget that life on Earth is represented by an almost infinite variety of forms and media. The greatest mistake of man is to attribute independent value only to himself, of all these carriers. Any biological species has the same unconditional significance for nature as humanity. However, it is man who bears increased responsibility for the fate of all other biological species, since not a single living creature is capable of such a destructive effect on nature as man. Not a single living creature can independently protect itself from this influence. Therefore, it is necessary to protect other biological species from degradation and extinction, create decent living conditions for them, and take measures to support rare and endangered species.
Ensuring an integrated and individual approaches to the establishment of requirements in the field of environmental protection for subjects of economic and other activities carrying out such activities or planning to carry out such activities. This principle reflects a certain variability of environmental and legal regulation. Of course, there must be strict and uniform rules for environmental management and conservation for everyone, but a differentiated approach to individual situations is also necessary. In every specific case, when environmental and legal qualifications are required, one should not only perform General requirements in the field of environmental protection, but also take into account the features characteristic of a specific territory, specific natural objects, specific types of activities, economic entities, etc. There cannot be absolute unification in legal assessment - it depends on the individual combination of environmentally and legally significant factors. But in any case, the differentiated approach must correspond to the integrated one, developing and specifying it, but not replacing it.
Prohibition of economic and other activities, the consequences of which are unpredictable for the environment, as well as the implementation of projects that may lead to the degradation of natural ecological systems, changes and (or) destruction of the genetic fund of plants, animals and other organisms, depletion of natural resources and other negative changes environment. This provision formulates a general rule about which specific actions in relation to the environment are legally unacceptable. Unfortunately, this time too, flaws in legislative technology make it difficult for the legal principle to operate effectively. First of all, any activity whose results are unpredictable for the environment is prohibited. But unpredictability is largely a subjective concept: as is known, there cannot be absolutely accurate forecast, especially since it is impossible to assess its reliability before the predicted event occurs.
On the other hand, there is no activity for which a forecast would be completely impossible. Therefore, everything is to some extent predictable and to some extent unpredictable. Several types of consequences are more or less clearly identified, the possibility of which the legislator considers to be grounds for prohibiting the relevant activity. This is a gross violation of the systematicity and integrity of the functioning of natural objects, a significant deterioration in their condition, a serious quantitative decrease. However, “other negative environmental changes” are also added to this. It turns out that any negative impact on the environment is completely prohibited. This ban is not only unenforceable, but also contradicts other principles of environmental law, in particular, the principle of payment for the use of natural resources (negative impact on the environment is prohibited, and at the same time, in accordance with Article 16 of the Federal Law “On Environmental Protection” is paid) .
Respect for the right of citizens to receive reliable information about the state of the environment, as well as the participation of citizens in decision-making regarding their rights to a favorable environment, in accordance with the law. Right to reliable information on the environment is specifically enshrined in Article 42 of the Constitution of the Russian Federation. In addition, in accordance with Part 2 of Article 24 of the Russian Constitution, state and local government bodies and their officials are obliged to provide everyone with the opportunity to familiarize themselves with documents and materials that directly affect their rights and freedoms, unless otherwise provided by law. This serves as a sufficient legal basis for any citizen to request and receive from the authorities the data they have on the state of the environment, since this information most directly affects one of the constitutional human rights - the right to a healthy environment. The exception is information that constitutes a state secret. However, the very practice of mass classification of materials on the state of the environment must be recognized as a violation of constitutional human rights and the principles of environmental law.
In addition to receiving information, citizens also have the right to participate in decision-making regarding their rights to a healthy environment. The legal possibilities for such participation are quite diverse - these are elections to state and municipal bodies, initiation of a referendum and participation in it, gatherings and meetings of citizens, the right to appeal to authorities with complaints, comments and suggestions, conducting a public environmental assessment, etc.
Responsibility for violation of environmental legislation. In accordance with the general legal principle of the inevitability of legal liability, a legal sanction (coercive measure) must be applied in all cases where it is established as a mandatory consequence of an offense. Environmental law is no exception. At the same time, liability for environmental violations is provided not only by environmental legislation: it is also regulated by civil, administrative and criminal law. Each type of legal liability has own goals, its scope, its offenses, its grounds for application and types of sanctions imposed.
Organization and development of the environmental education system, education and formation of environmental culture. Environmental education is an activity aimed at developing knowledge, skills and value orientations in the field of environmental protection among the population. This activity is carried out both through the existing system of educational institutions, whose curricula include environmental disciplines, and in the form of educational events - seminars, open events, publications of environmental materials in the media, publication and distribution of popular literature on ecology, promotion of environmental knowledge and values in works of art and in many other ways. The result of effective environmental education and upbringing should be the formation of an environmental culture - a certain high level knowledge and attitude towards the environment, meaningful experience of interaction with the environment, ensuring environmental well-being and sustainable development.
Essentially, this principle is not and cannot be of a legally imperative nature, but represents only a certain desire of the state, a certain program of action, a “declaration of intent.” It is disclosed in more detail in Chapter XIII of the Federal Law “On Environmental Protection,” which is called “Fundamentals of the Formation of an Environmental Culture.”
Participation of citizens, public and other non-profit associations in solving environmental problems. In fact, this is already the third principle, which enshrines the same thing - the possibility of citizens’ participation in environmental protection activities (previously this was formulated as “the mandatory participation in environmental protection activities of state authorities of the constituent entities of the Russian Federation, local governments, public and other non-profit organizations , legal entities and individuals,” as well as “the participation of citizens in decision-making regarding their rights to a favorable environment.”
As for public and other non-profit associations, Article 12 of the Federal Law “On Environmental Protection” is devoted to their activities in environmental protection. Among the most important forms such activities - the development, promotion and implementation of environmental programs, organizing the protection of citizens' rights, involving citizens in environmental activities, organizing meetings, rallies, demonstrations, processions and other public events, organizing public environmental assessments, holding public hearings on environmentally significant projects, etc. P.
International cooperation in the field of environmental protection. Such cooperation is carried out in the form of implementing joint projects aimed at protecting specific territories and other natural objects; in the form of financial support for certain environmental activities from abroad; in the form of joint environmental research and exchange of results of scientific research in the field of environmental protection methods, etc. The most important legal form international cooperation is the conclusion of bilateral and multilateral international treaties in the field of environmental protection, as well as Russia's participation in the activities of international environmental organizations. In Art. 82 of the Federal Law “On Environmental Protection” contains a rule based on Part 4 of Art. 15 of the Russian Constitution, which recognizes the priority of Russia’s international obligations over its internal regulations. According to Part 2 of Article 82 of the Federal Law “On Environmental Protection”, if an international treaty provides for something other than Russian environmental legislation, then the norms of the international treaty are applied. At the same time, part 1 of the same article of the Federal Law “On Environmental Protection” provides for two forms of action of international treaties in the field of environmental protection: if such an agreement does not require the adoption of special regulations, then its provisions are applied directly; otherwise, in addition to the agreement, it is issued a corresponding legal act that develops its provisions and is applied along with it.
Introduction
Among the techniques of legal technology designed to determine the guidelines for the legal regulation of certain social relations, the principles of law and legislation undoubtedly occupy an important place. Moreover, the process of development of environmental legislation in Russia currently demonstrates the strengthening of the role of principles. So, if in the Land Code of the RSFSR and in the Law of the RSFSR “On the Protection of the Natural Environment” goals and objectives were highlighted (in the second case, along with principles), as well as in the Land Code of the Russian Federation of October 25, 2001, goals and objectives, then There are no tasks in the Law, but the principles of these legislative acts and the relevant legislation in general are formulated.
Thus, it is necessary to state that against the background of a decrease in the number of methods available to legal technology for consolidating the most important guidelines of legal regulation in a specific branch of legislation (goals, objectives, principles), the importance of principles in the current environmental legislation of Russia has increased to a certain extent.
1. The principle of respect for human rights
The priority principle in the Law is certainly the principle of respect for human rights to a favorable environment. The right to a favorable environment, which affects the fundamentals of human life, occupies a central place in the system of environmental rights of citizens. The core of the right to a favorable environment is the right to a healthy environment - its necessary and permanent, most protected by law and most successfully implemented part. A universal criterion for the quality of the natural environment is the level of population health. The object of the right to a healthy environment is such a natural environment, the state of all components of which corresponds to established sanitary and hygienic standards, and their relationship with each other creates ecological balance.
Of course, a favorable natural environment is, first of all, an environment that is safe for health (healthy) in terms of its regulatory characteristics and standards. But the favorableness of the environment is also determined by other characteristics, such as resource intensity, environmental sustainability, aesthetics and diversity. It is precisely this understanding of a favorable environment that has developed in the theory of environmental law. The Russian Federation as a state, while carrying out its management functions in the field of use of natural objects, is obliged to coordinate its position with the individual and not cause damage to the citizens of its country, both present and future generations. This obligation is laid down in Art. 2 of the Constitution of the Russian Federation, according to which the state is obliged to recognize, respect and protect the right of every citizen, including users of natural resources, to a favorable environment. The state must strictly regulate and control the use of natural resources, develop scientifically based, maximum permissible indicators of changes in the natural environment and monitor compliance with them by all natural resource users. In turn, for their failure to develop, lack of control, and violation of environmental management, the state is obliged to provide effective liability measures, as well as measures to prevent these violations. The right of citizens to a favorable natural environment is ensured by state measures to monitor the environment, plan measures for its protection, prevent environmentally harmful activities and measures to improve the environment, prevent and eliminate the consequences of accidents, catastrophes, natural disasters, social and state insurance of citizens, the formation of state and public, reserve and other environmental funds, the organization medical care population, state control over the state of the environment and compliance with environmental legislation.
2. The principle of ensuring favorable conditions for human life
This principle should be perceived rather as a goal towards which the Russian state and the entire world community strives, rather than as something that actually operates. The implementation of this principle will be carried out if all the principles enshrined in the Law are implemented, so we will not dwell on it in detail.
3. The principle of a scientifically based combination of environmental, economic and social interests of man
The main ways of optimal relationship between nature and society are laid down in the concept of sustainable development, proposed both in international and Russian legal acts. The state is obliged to find a compromise between the natural right of each person to use natural resources and to a favorable environment, since these rights seem to be in conflict: any use of natural resources (and especially improper) always violates the right of others, and even the right of the natural resource user himself to a favorable environment. The concept of sustainable development is based on the principle of greening economic activity, which presupposes the possibility of preserving natural resource potential in order to meet social needs. The implementation of the principle under consideration is possible through, on the one hand, a ban on certain types of production, and on the other, through the need to introduce the latest progressive technologies and devices (waste-free, low-waste, closed-loop water supply, wastewater treatment plants, reforestation, increasing soil fertility).
The criteria for the presence of a scientifically justified combination of environmental, economic and social interests of a person, society and the state in a planned economic or other activity, based on this principle, can be not only scientific statements, references to the positions and works of authoritative scientists, but mainly the provisions of legislation in the field environmental protection and nature management.
4. The principle of protecting natural resources
As can be seen from the content of the following principle, the necessary conditions for ensuring a favorable environment and environmental safety are the protection, reproduction and rational use of natural resources.
The protection of natural resources is understood as a system of legal, organizational, economic and other measures aimed at their rational use, protection from harmful influences, as well as their reproduction. The priority of protecting natural resources is based on their limited space, irreplaceability, and often the impossibility of their restoration if used irrationally.
The principle of protecting natural resources provides for the use of natural resources in compliance with all environmental protection standards established by environmental legislation, the inseparability of the use and protection of natural resources. The use and protection of natural resources require proper legislative regulation, taking into account the federal structure of Russia, as well as the organization and powers of local governments. The connection between ensuring the use and protection of natural resources and environmental protection (including environmental safety issues) seems quite obvious. Therefore, an important problem is comprehensive development and strict compliance with legislation on certain types of natural resources, environmental safety, etc. In this case, the division is very important government controlled economic use natural resources and environmental protection.
The essence of the concept of reproduction of natural resources can be revealed, for example, through the concept of reproduction of the fertility of agricultural lands, formulated in Art. 1 of the Federal Law “On government regulation ensuring the fertility of agricultural lands." Reproduction of the fertility of agricultural lands - preserving and increasing the fertility of agricultural lands through the systematic implementation of agrotechnical, agrochemical, reclamation, phytosanitary, anti-erosion and other measures.
As for the concept of rational use of natural resources and its relationship with the concept of protection of natural resources, there are also different views on this matter. In particular, V.V. Petrov substantiated the need for a differentiated approach in determining the rational use and protection of natural resources and natural objects considered as an integrated object. The author noted that nature conservation and rational use of its resources are not equivalent categories, but reflect the dependence of two forms of interaction between man and nature. In this regard, it was pointed out that we should talk about nature conservation and the rational use of natural resources, referring to the protection of the corresponding natural object and understanding the use of a natural resource, a source of human consumption of nature, since it is impossible to protect what is intended for consumption, and here it is more appropriate the term is rational use.
This position has been criticized in the literature. Thus, noting that only conservative protection has an independent character, it was pointed out that the essence of the rational use of a natural resource presupposes the inadmissibility of a negative impact on other natural resources and that within the framework of the use of a natural resource, its protection is carried out, which cannot be allocated outside the framework of environmental management
Some authors have expressed a different approach to determining the relationship between these concepts, which, without denying the close relationships between them, nevertheless noted their independent nature. In particular, O.S. Kolbasov objected to leveling the differences between the rational use of natural resources and nature conservation, since the actual implementation of rational environmental management conceals the possibility of contradiction to the interests of nature conservation. This position is shared by A.I. Kazannik, noting that nature conservation and rational environmental management represent different kinds practical human activity.
In our opinion, rational environmental management means the integrated, cost-effective use of resources in compliance with environmental legislation. Unsustainable environmental management leads to pollution, depletion and degradation of natural systems.
Modern Russian legislation equally uses the concepts of “rational use of natural resources”, “protection of natural resources” and the more general concept of “rational use and protection of natural resources”. We share the opinions of the authors that the concepts of protecting natural resources and ensuring their rational use are inextricably linked and complement each other. It should be noted that, along with the view of the relationship between the rational use and protection of natural resources as interrelated phenomena that ultimately represent a single category of environmental law, the view of the protection of natural resources as independent phenomenon remains no less important.
5. The principle of responsibility of public authorities of the Russian Federation
Here, what is meant is not legal responsibility for an offense (negative legal responsibility), but legal positive responsibility currently expressed in the literature, which is defined by the authors as awareness of duty, the obligation to perform actions consistent with the nature of the social system; There are different points of view on this issue.
For a long time, domestic legal science proceeded from the understanding of legal liability as a consequence of an offense. In the sixties, a number of works were published that substantiated the understanding of social responsibility for both past and future behavior. In this connection, legal liability began to be viewed as liability for past actions (negative, retrospective) liability and as liability for future actions (positive, prospective liability). Although the authors said that it is united, the identification of aspects, types, and sections of responsibility involuntarily divided the holistic phenomenon into types. So, R.L. Khachaturov and R.G. Yagutyan note that legal liability cannot be understood only as a consequence of an offense and the use of state coercion. In the process of creating and functioning of a civilized society and increasing the role of the human factor, responsibility for the fulfillment of duties becomes of paramount importance, since it is more important for ensuring public order, legality and order than responsibility for an offense. In this sense, responsibility appears as a person’s understanding of his place and personal conscious participation in the affairs of society
The literature provides definitions of the concept of legal responsibility, which combine positive and negative aspects responsibility. V.G. Smirnov, analyzing the problems of criminal liability, noted that legal liability is not limited to liability for violation of interests protected by law: legal liability is most clearly manifested in the violation. But it really exists even when performing permissible, and even more so, directly following from the law acts. Responsibility is not only about repairing the damage caused by the wrongdoing. According to G.V. Maltsev, to be a legally responsible citizen means: to honestly, conscientiously carry out everything that is prescribed by law; be capable of a legal assessment of their actions, in a form determined by law, be responsible for the consequences of their actions.
YES. Lipinsky noted that, despite the divergence of views of scientists on the number of types of social responsibility, they all recognize (both lawyers and philosophers) legal responsibility as a type of social responsibility, which means that legal responsibility has the characteristics that characterize it. The author identifies forms of social responsibility, which he calls “voluntary” and “state-compulsory”. An interesting view on the responsibility of M.A. Krasnova. Possessing a certain legal status, the subject of law, he notes, enters into diverse legal relations, and already at this stage, i.e. in case of lawful behavior, there is undifferentiated legal responsibility, regardless of its awareness by the subject of law. When a person goes beyond the scope of a legal prescription, the state neutralizes, through coercion, facts that violate social relations, legal responsibility enters its second stage, expressing a real negative reaction to the offense. In case of lawful behavior there is no legal liability. special type, aspect of responsibility, but only represents its first stage and is expressed at this stage in the obligation of the subject of law to measure his behavior with those norms that prescribe or prohibit certain actions.
Since we adhere to the position of those authors who associate responsibility primarily with the commission of illegal actions and call punishment as its defining feature, the principle in question is not entirely clear to us. In our opinion, ensuring a favorable environment and environmental safety in the relevant territories is one of the main responsibilities of government bodies of the Russian Federation, government bodies of constituent entities of the Russian Federation, and local governments. And in case of violation of this obligation, the perpetrators must be held accountable.
6. The principle of payment for environmental use and compensation for environmental damage
The law's establishment of the principle of payment for the use of natural resources and compensation for environmental damage is aimed at implementing the efficient use of natural resources and reducing their undervaluation. Natural resource legislation establishes its own forms of payment for each type of natural resource. So, for example, the forms of payment for water use are payment for the right to use water bodies and payment directed to the restoration and protection of water bodies. Payments for the use of forest resources are collected in two main forms - forest taxes and rent. In relation to subsoil, there are four forms of paid use of natural resources: for the right to search for mineral resources; for the right to extract minerals; for the right to use subsoil for other purposes; for the reproduction of the mineral resource base. Forms of payment for the use of land - land tax and rent.
The purpose of introducing environmental pollution charges into the system of natural resource payments is to improve the economic mechanism of environmental management. The fee performs the function of resource saving, including payments for each component of pollution, type of harmful impact, which leads to a healthier environment and a reduction in the environmental intensity of national income. This fee is charged for the following types of harmful effects on the environment:
emissions of pollutants and other substances into the air; discharges of pollutants, other substances and microorganisms into surface water bodies, underground water bodies and drainage areas;
pollution of subsoil and soil;
disposal of production and consumption waste;
environmental pollution by noise, heat, electromagnetic, ionizing and other types of physical influences;
other types of negative impact on the environment.
7. The principle of independence of control in the field of environmental protection
Control in the field of environmental protection is carried out in order to ensure compliance with established requirements (norms, rules, regulations) for the use of natural resources, checking the implementation of measures for their protection by state authorities, local governments, their officials, legal entities, as well as citizens. In timely conditions, control over the rational use of natural resources becomes even more important than before. For example, land legislation currently provides owners, landowners, land users, and tenants with broad rights to independently manage the land. However, such activities should not, as stated in Art. 36 of the Constitution of the Russian Federation, cause damage to the natural environment and violate the rights and legitimate interests of other persons. Deepening land reform and forming new land relations based on the introduction private property to the ground, while maintaining consumer attitude to its use necessitates strengthening control over the use and protection of land.
The Law gives a broad concept of the principle of independence and refers to the independence of control in the field of environmental protection. However, this formulation immediately raises the question: what kind of independence are we talking about? In our opinion, the key to the effectiveness of control in the field of environmental protection will be the independence of inspectors in the field of environmental protection in the performance of their official duties within the limits of their powers, in other words, no one has the right to interfere with the work of inspectors performed in accordance with the requirements of environmental protection legislation environment. Pressure exerted in any form on an inspector must be recognized as an illegal action.
8. The principle of presumption of environmental danger of planned economic and other activities
It is necessary to consider this principle together with the principles of mandatory environmental impact assessment when making decisions on the implementation of economic and other activities and the mandatory conduct of state environmental assessment of projects and other documentation justifying economic and other activities that may have a negative impact on the environment and create a threat life, health and property of citizens, since they are interconnected.
The principle of presumption of environmental danger of planned economic and other activities means that the Law considers any planned activity as potentially hazardous. Consequently, the responsibility to prove environmental safety falls on the person interested in the implementation of his plans. These kinds of responsibilities of business entities - to conduct impact assessments, submit materials for state environmental assessment - have long been enshrined in legislation. With the introduction of this principle, the most important segment of environmental legislation receives logical completion: all those environmental requirements that are presented to the stage of facility placement, planning, justification of economic activity and which sometimes cause criticism from the point of view of their multiplicity or cost are justified and at the same time best explained.
Assessment of the impact of planned activities on the environment (EIA) is a new legal measure for its protection for Russia, which began to be carried out in the early 90s. XX century If in the previously effective Law “On Environmental Protection” of 1991 there is not even a mention of the need to conduct an EIA when planning a new economic activity, then the Law enshrines the obligation to carry it out as a fundamental principle, and a special article is also devoted to this. 32, according to which EIA is carried out in relation to the planned economic and other activities that may have a direct or indirect impact on the environment, regardless of the organizational and legal forms of ownership of economic and other entities. It is carried out in 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 public associations.
Thus, activities to identify, analyze and take into account direct, indirect and other consequences of the environmental impact of planned economic and other activities in order to make a decision on the possibility or impossibility of its implementation, i.e. environmental impact assessment is recognized current Law mandatory.
The principle of mandatory state environmental assessment is addressed to the customer of the planned activity and the state environmental assessment bodies. This principle means that the customer does not have the right to make a decision on the implementation of the planned activity and carry out such activities if projects and other documentation indicate that this activity may have a negative impact on the environment, create a threat to the life, health and property of citizens. Before making a decision, he is obliged to submit the necessary materials for the state environmental assessment in accordance with paragraph 1 of Art. 14 of the Federal Law “On Environmental Expertise”.
For the Federal Service for Supervision of Natural Resources or its territorial bodies, the content of this principle entails the obligation to accept materials for examination, organize and conduct a state environmental examination.
Based on the fact that principles are fundamental ideas, basic principles, defining principles are certain normative and guiding principles that have common features with the rules of law, but at the same time serving as the basis and guideline for the creation and application of all other legal rules, i.e. having a certain priority in relation to them, it seems that such principles as:
taking into account the natural and socio-economic characteristics of territories when planning and implementing economic and other activities;
priority of conservation of natural ecological systems, natural landscapes and natural complexes;
the admissibility of the impact of economic and other activities on the natural environment based on the requirements in the field of environmental protection;
mandatory participation in environmental protection activities of government bodies of the Russian Federation, government bodies of constituent entities of the Russian Federation, local government bodies, public and other non-profit associations, legal entities and individuals;
ensuring integrated and individual approaches to establishing requirements in the field of environmental protection for economic and other entities carrying out such activities or planning to carry out such activities; the organization and development of the environmental education system, education and formation of environmental culture are no longer associated with legal, but with other forms of environmental protection.
In our opinion, it seems not an entirely correct tendency to include any statement in the list of principles of law and legislation. For example, V.V. Petrov emphasized that those expressed in Art. 3 of the Law of the RSFSR “On the Protection of the Natural Environment,” the principles “permeate all its subsequent content.” I.F. Pankratov, regarding the same principles, noted that they cannot be considered only declarations, calls, wishes; they represent the requirements on which environmental regulation is based. In other words, in the process of legislative work it is necessary to take a more balanced approach to the question of the need for certain principles, their connection with the principles enshrined in other acts of environmental legislation, and their normative content. Insufficient attention to the formulation of principles in environmental legislation leads to its characterization as immature, insufficiently deep, and ultimately reduces the possibility of applying the principles as the “supreme law”.
The listed principles, in our opinion, would have been sufficient to include in the list of goals or objectives of environmental legislation, however, since they are enshrined in the Law as principles, we will consider them as such.
9. The principle of taking into account the natural and socio-economic characteristics of territories when planning and implementing economic and other activities
Taking into account the natural and socio-economic characteristics of territories when planning and implementing economic and other activities is enshrined in the Law as one of the principles of environmental protection, since the Russian Federation is federal state, which includes 89 subjects, heterogeneous in terms of natural-geographical features, demographic, environmental, economic and other characteristics, the presence of natural resources and objects of negative impact on the environment on their territories. Based on this, when planning and implementing economic and other activities, it is necessary to take into account regional characteristics.
The priority of preserving natural ecological systems, natural landscapes and natural complexes follows from the content of a number of norms of environmental legislation. Their protection is carried out by establishing either restrictions or a ban on their withdrawal. For example, it is not allowed to withdraw or otherwise terminate rights to land in specially protected natural areas for needs that contradict their intended purpose (clause 3 of Article 95 of the Land Code of the Russian Federation), etc.
Cooperation between the state and citizens in solving environmental problems- an essential prerequisite for the implementation of the subjective rights of everyone granted by law and the condition for their successful protection. Preserving the health of the population, which is largely determined by the state of the natural environment, has long grown from a personal matter of everyone into a socially significant problem, in connection with which this Law establishes the mandatory participation in environmental protection activities of government bodies of the Russian Federation, government bodies of the constituent entities of the Russian Federation, local governments, public and other non-profit associations, legal entities and individuals. The potential range of joint activities is quite wide. But at present in Russia, out of the entire range of environmental problems, perhaps to the greatest extent The population is concerned about issues of prevention and (less often) compensation for environmental harm to life and health. It is characteristic that the ideas of preserving biodiversity and individual objects of living and inanimate nature are noticeably less popular among the citizens of our country than among the Western public. As a rule, large non-governmental organizations work in this direction professionally, and less often - local clubs, groups, etc. Prevention of environmental harm is now becoming a priority area of interaction between the state and its citizens in the field of environmental protection. The prospects for joint activities largely depend on the establishment of a comprehensive system in our law. interdisciplinary institute public participation in environmental adoption significant decisions.
10. The principle of ensuring an integrated and individual approach to establishing environmental requirements
In particular, it is necessary to refrain from activities that can cause irreparable damage to nature. Activities fraught with increased danger to nature must be preceded by a deep analysis, and persons carrying out such activities must prove that the expected benefit from it is significantly greater than the damage that could be caused to nature, and in cases where there is a possible harmful impact Such activities are not clearly established and should not be undertaken. Activities that can cause damage to nature must be preceded by an assessment possible consequences, and research into the environmental impacts of development projects should be carried out sufficiently in advance, and if such activities are decided to be undertaken, they should be carried out on a planned basis and conducted in such a way as to minimize their possible harmful effects.
11. The principle of national heritage of natural resources
Nature and its wealth are the national heritage of the peoples of Russia, the natural basis of their sustainable socio-economic development and human well-being. When carrying out economic, managerial and other activities that have a negative impact on the state of the environment, government bodies, enterprises, institutions, organizations, as well as citizens of the Russian Federation are obliged to constantly improve the level of their knowledge about nature, environmental culture, to promote environmental education of the younger generation, in connection with with which, apparently, the organization and development of the environmental education system, education and formation of environmental culture are enshrined in the article as a principle.
According to the Environmental Doctrine of the Russian Federation, approved by Decree of the Government of the Russian Federation of August 31, 2002 No. 1225-r, the low level of environmental awareness and ecological culture of the country's population is among the main factors in the degradation of the natural environment of the Russian Federation. The implementation of the goal of increasing the environmental culture of society should be facilitated by a system of universal, comprehensive and continuous environmental education and training, covering the entire process of preschool and school education. In the work of organizing and creating the necessary conditions for environmental education of the population, the efforts of government authorities, environmental, educational and public organizations and many other associations must be united and coordinated. Only in this way, along with appropriate regulatory support, can various social groups to the acquisition of environmental knowledge.
The structure of the regulatory framework should ensure the rights and responsibilities of citizens, determine the system of management and regulation, financing, as well as the procedure for implementation and responsibility of participants in the process of environmental education on the basis of a single public policy.
In addition, one of the most important conditions the effectiveness of environmental education is a reasonable combination theoretical training with real practical activities related to the study of the natural environment and assessment of its ecological state.
12. The principle of ensuring a reduction in the negative impact of economic and other activities on the environment
To stimulate rational use of natural resources and environmental protection, the Law provides for a system of special tools designed to change the psychology of business entities and promote the environmental education of the latter. It includes, in particular, government support in the form of tax or other benefits for the introduction of the best existing technologies, non-traditional types of energy, the use of secondary resources and waste recycling, etc.
The totality of all types of living organisms: from mammals to microscopic viruses and microbes, from insects to flowers and trees, from fish, birds and monkeys to humans - all this constitutes the biological diversity of the planet, which scientists define in one word - biota. The term "biodiversity" refers to the richness of species found in a particular area during a particular period of time. It has been established that, despite all the immense diversity, all biological species and all ecosystems are interconnected, starting from the DNA molecule and ending with regional ecosystems and the planetary biosphere as a whole. Everything that sustains our planet and determines human activity depends on biological diversity. It is this that determines the basic ecological functions, such as, for example, protecting the soil from destruction; it is this that provides humans with almost all the raw materials for the production of food, clothing, medicine, construction and other materials, etc.
The importance of the established principle is explained by the fact that although cases of extinction of individual species have occurred before (including in prehistoric times), such significant losses, such large-scale and irreversible processes of changes in ecosystems and climatic conditions have never been recorded before, as in our time. time. The population's needs for food, housing, and transport are constantly increasing. This leads to a reduction in natural ecosystems; they are fragmented, transformed, and even disappear. Industrial and household waste, mineral fertilizers poison nature, which leads to the death of many species of animals, birds, fish, and plants.
Human economic activity, in essence, is the main reason for the extinction of many species of biota. This is especially associated with environmental pollution. According to many biologists, in the next two to three decades, every fourth representative of the biota, be it fauna or flora, will be at risk of extinction.
Thus, the decrease in biodiversity, e.g. The reduction in the number of species that form fragments of the ecological network is one of the manifestations of the degradation of the natural environment, and therefore more efforts must be made to preserve biological diversity and the remaining wilderness areas.
13. The principle of prohibition of economic and other activities
The principle of prohibiting economic and other activities, the consequences of which are unpredictable for the environment, as well as the implementation of projects that can lead to the degradation of natural ecological systems, changes and (or) destruction of the genetic fund of plants, animals and other organisms, depletion of natural resources and other negative environmental changes.
Activities that may have harmful effects on nature should be controlled and the most appropriate technology should be used that can reduce the extent of the hazard or other harmful effects on nature. However, in all cases, activities that could cause irreparable damage to nature should be prohibited.
It was this principle that served as one of the main legal grounds for 8 public environmental organizations to go to court in 2004 with demands to stop their activities due to integrated development oil fields in the Sea of Okhotsk, creating a threat of habitat disturbance, population reduction and complete disappearance of fauna objects listed in the red books of the IUCN, the Russian Federation, and the Sakhalin region. Environmentalists demanded to stop: dredging during the migration and feeding period of gray whales in the area of their main pasture; discharge of industrial and household waste into the waters of the Sea of Okhotsk; construction of an onshore pipeline using the trench method through spawning rivers along the entire length of its route.
14. The principle of respecting the right of everyone to receive reliable information about the state of the environment
Thus, the Constitution of the Russian Federation (Part 2 of Article 24) speaks of the obligation of state authorities and local self-government, their officials to provide everyone with the opportunity to familiarize themselves with documents and materials that directly affect their rights and freedoms. Some commentators believe that this provision applies only to those cases when a citizen has collected information about his private life somewhere and he wants to get acquainted with it. It seems that the scope of this norm is much wider. For example, if some object has begun to be erected near a citizen’s house on a construction site fenced with a high fence, then he has the right to demand information about this object precisely on the basis of Part 2 of Art. 24 of the Constitution of the Russian Federation. This provision also corresponds to Part 4 of Art. 29 of the Constitution of the Russian Federation, according to which everyone has the right to freely seek and receive the information they need (including environmental information).
Part 3 Art. 41 of the Constitution of the Russian Federation establishes that concealment by officials of facts and circumstances that create a threat to the life and health of people entails liability in accordance with federal law. Liability - criminal, civil, administrative - is provided for in these cases by the Criminal Code, Civil codes of the Russian Federation, as well as the Code of the Russian Federation on Administrative Offenses.
In the Federal Law of February 20, 1995 No. 24-FZ “On Information, Informatization and Information Protection” (as amended on January 10, 2003), among the main directions of state policy in the field of informatization, the creation of conditions for high-quality and effective information support is named citizens based on government information resources. This refers to any security of this kind; therefore, it is logical to assert that this provision of the Law also applies to environmental information support. In Art. 10 of this Law, which differentiates information resources by categories of access, it is expressly prohibited to restrict access to legislative and other regulations, establishing the rights, freedoms and responsibilities of citizens, to documents containing environmental, sanitary-epidemiological and other information necessary to ensure the safe functioning of populated areas, the safety of citizens and the population as a whole. Article 12 of the said Law guarantees equal rights to access information resources state, and citizens are not obliged to justify to the owner of these resources the need to obtain the information they request. Such access, specified in this article, is the basis for public control over the activities of state authorities and local self-government, as well as over the state of the environment and other areas of public life. In Art. 13 of the Federal Law “On Information, Informatization and Information Protection” contains an order for these bodies to provide mass information to users on the rights, freedoms, responsibilities of citizens, their safety and other issues of public interest. Finally, Art. 24 Federal Law “On Information, Informatization and Information Protection” guarantees the protection of rights to access information. Refusal to do so or provision of knowingly false data may be appealed in court. In all cases, persons denied access are entitled to compensation for any damages they may have suffered. And managers and other employees guilty of illegally restricting access are liable in accordance with criminal, civil and administrative law.
Informing the population about the state of the environment should be carried out through publication in official publications of federal bodies executive power, in official publications of executive authorities of constituent entities of the Russian Federation and local governments, as well as through public discussions (surveys, hearings, referendums, etc.).
15. The principle of liability for violation of legislation in the field of environmental protection
Currently, during the formation of the rule of law in the Russian Federation, the role of one of the fundamental institutions of law - legal responsibility for an offense committed - is greater than ever. Legal liability is the obligation of the offender who has committed violations of environmental legislation to endure the corresponding deprivations and adverse consequences of a personal and property nature, which are contained in the rules of law and are applied in a certain procedural form.
The subjects of legal liability are the offenders. But the state makes different demands on them. Thus, the subject of this type of legal liability, such as criminal liability, can be a person who has reached 14 years of age. The age of administrative responsibility is 16 years. Subjects of administrative liability as one of the types of legal liability can be not only citizens who have reached the age of 14 and are of sound mind, but also legal entities. According to the legislation of the Russian Federation, only individuals can be subjects of crimes.
There are different measures of responsibility applied for a particular offense. If criminal law provides for such a measure of punishment as imprisonment for a very long term or even for life, then according to administrative legislation a person can be deprived of liberty for a period of, as a rule, no more than 15 days.
The law establishes the following types of legal liability for violation of environmental legislation:
property;
disciplinary;
administrative;
criminal
16. The principle of participation of citizens, public and other non-profit associations in solving environmental problems
The participation of citizens, public and other non-profit associations represents their participation in the preparation and adoption of environmentally significant economic and other decisions. Environmentally significant decisions are legal acts (of a normative and non-normative nature) of state authorities of the Russian Federation and constituent entities of the Russian Federation, as well as local governments, the implementation of which is associated with influencing the state of natural objects, complexes, systems or the environment as a whole. The most common options for such solutions are determining locations for new construction, providing land plots, approval of feasibility studies and projects, adoption of master plans for cities, etc. For example, clause 3 of Art. 31 of the Land Code of the Russian Federation obliges local governments to inform the population about the possible (upcoming) provision of land for the location of facilities. When providing land plots in places of residence and economic activity small peoples And ethnic groups For purposes not related to their traditional activities and traditional crafts, a gathering or referendum of citizens may be held regarding the seizure (purchase) of land plots. According to paragraph 4 of Art. 31 of the Land Code of the Russian Federation, the local government body informs owners, landowners, land users and tenants in connection with the possible seizure of their land plots, etc. However, it must be borne in mind that environmental consequences can arise not only due to new construction, but also as a result of the repurposing or liquidation of some specific facilities, therefore, relevant decisions must have an environmental justification, undergo an environmental assessment and a public discussion procedure.
Civil activity of the population is a powerful incentive to comply with the law and establish a regime of environmental legality in society. Despite constant economic difficulties, there is still a tendency towards greening public consciousness. There is also a certain legal awareness - the population's understanding of the value of their constitutional rights to environmentally friendly living conditions. At the present stage, the most productive forms of social activity promise to be such forms of social activity as civic participation, involving the population, public associations and individual citizens in resolving issues of environmental significance. Experience has shown the undoubted usefulness of public opinion: with the activity of citizens and non-governmental organizations Many environmentally unsound and even harmful projects were prevented or corrected. From a methodological point of view, the importance of public participation lies in the fact that it contributes to our progress towards a rule of law state. By the degree of reality of public participation one can judge the democracy of the state, and the presence of developed public institutions and an influential non-state sector is the most important component civil society. The environmentally-oriented part of the population received ample opportunities to express and disseminate their views precisely in the conditions of democratization of public life, the formation of the rule of law and civil society.
environmental protection
17. Principle of international cooperation
The search for ways to unite the efforts of states and peoples to successfully solve the problem of environmental protection and rational use of natural resources should be carried out on the basis and in strict accordance with the generally recognized international legal principle of cooperation, which in international environmental law means the legal obligation of states, regardless of their social and political system, cooperate with each other on issues of maintaining peace and international (including environmental) security, as well as contribute to the improvement of the international environmental legal order.
The principle of international cooperation is currently one of the fundamental principles in international legal regulation of environmental protection. Almost all international legal acts currently in force and being developed in this area are based on it. The principle of international cooperation of the Russian Federation in the field of environmental protection is also fundamental in our legislation.
International cooperation is developing within the framework of international organizations, multilateral conventions and agreements, as well as bilateral treaties and agreements with the CIS countries, near and far abroad. In 2003, the Russian Federation joined the UN Convention to Combat Desertification. A number of intergovernmental and interdepartmental agreements in the field of environmental management and environmental protection have been prepared and signed with CIS and non-CIS countries, including: Framework Convention for the Protection of the Marine Environment of the Caspian Sea; Intergovernmental agreement with the People's Republic of China on cooperation in the field of study and development of the World Ocean. Cooperation with the United Nations Environment Program (UNEP) was carried out within the framework of projects of the third phase of the Global Environment Facility program in the following key areas: persistent organic pollutants (POPs), land degradation, biodiversity and biosafety, international waters.
At the meeting of the environment ministers of the G8 countries (April 25, 27, 2003, Paris, France), a joint communiqué was adopted on a number of issues: on practical measures aimed at solving the problems of Africa; on ensuring the safety of navigation; on strengthening interaction within the framework of global and regional environmental conventions and agreements. At the G8 summit (May 31 - June 3, 2003, Evian, France), a Water Action Plan was developed and adopted, aimed at integrated management and efficient use water resources; Action Plan on Science and Technology for Sustainable Development to promote biodiversity conservation and sustainable forest management.
Cooperation through the United Nations Economic Commission for Europe (UNECE) was carried out within the framework of the “Environment for Europe” process. At the Pan-European Conference of Ministers of the Environment “Environment for Europe” (May 20, 23, 2003, Kyiv, Ukraine), a ministerial Declaration, a framework document on environmental strategy for countries, was adopted of Eastern Europe, Caucasus and Central Asia, as well as the basic elements of an education strategy for sustainable development.
Conclusion
The following list of principles is neither exhaustive nor complete. The process of forming the principles of environmental law continues in parallel with the improvement and further development of Russian environmental legislation. Proof of this can be seen in the increase in the number of sectoral principles of Russian legislation from six (under the previously effective Law “On Environmental Protection” of 1991) to twenty-three (under the Law
By its nature of impact on society and its consequences for it, the problem of environmental protection is a complex problem, and as a complex problem it requires an integrated approach to its solution, requires the use of all the knowledge accumulated by humanity and all the means at its disposal. The main thing has now become obvious: the quality of the environment at the local, regional and even national level depends on how and for what purposes this or that natural resource will be used, the solution or emergence of many social problems, and the well-being of the population in large areas depends.
Bibliography
1. Vasilyeva M.I. Public participation in making environmentally significant decisions // Russian Environmental Federal Information Agency - REFIA (www.refia.ru).
2. Ikonitskaya I.A., Krasnov N.I. Land law and nature conservation // Soviet state and right. 1979. P. 57.
3. Kazannik A.I. Administrative and legal protection of nature in the Lake Baikal basin. Part 1. Irkutsk, 1977. pp. 11 - 13.
4. Kolbasov O.S. Ecology: politics - law. M., 1976. P. 216.
5. Lipinsky D.A. Forms of implementation of legal responsibility / Ed. Khachaturova R.L. Tolyatti, 1999. P. 13
6. Maltsev G.V. Socialist law and personal freedom. M., 1968. P. 31.
7. On legislative provision of environmental safety // State and law. 1995. No. 2. P. 116.
8. Petrov V.V. Environmental law of Russia: Textbook for universities. M., 1995. P. 115.
9. Petrov V.V. Environmental law of Russia: Textbook. M., 1995. P. 163.
10. NW RF. 1995. No. 8. Art. 609; 2003. No. 2. Art. 167
11. NW RF. 2001. No. 44. Art. 4147.
12. Smirnov V.G. Functions of Soviet criminal law. Leningrad, 1965. P. 78.
13. Tugarinov B.P. Personality and society. M., 1965. P. 52.
The principles of law, as follows from the theory of law, are the basic, initial provisions that legally establish objective patterns public life.
The principles of law play an important role in legal regulation: they determine the basic principles in the regulation of legal relations; when there are no specific rules of law, the principles of law make it possible to regulate specific legal relations.
All principles of law are divided into: general, intersectoral and sectoral.
The principles of environmental law are divided into: general legal (constitutional), principles of the General Part of Environmental Law, principles of the Special Part of Environmental Law.
I. General legal principles of environmental law(mostly) enshrined in the Constitution of the Russian Federation and, by virtue of this, represent normative regulations that have the highest legal force. These are the principles of democracy, humanism, legality, internationalism, unity of rights and obligations of subjects of environmental legal relations, publicity.
II. Principles of the General Part of Environmental Law These are the six most important principles:
1. Priority of the interests of the peoples living in the relevant territory and protection of the rights of the individual.
Features of this principle:
Land and other natural resources are used and protected in the Russian Federation as the basis for the life and activities of the peoples living in the corresponding territory (Part 1 of Article 9 of the Constitution of the Russian Federation);
Natural objects cannot be alienated from Russia in favor of another state, except in cases specified by law;
Management in the field of use and protection of natural objects is carried out under the control of governing bodies general competence;
The state has the right to interfere in relations regarding the use of natural objects, incl. confiscate them for state and municipal needs and forcibly buy them out;
The protection of the rights of an individual is ensured by the fact that in the Russian Federation everyone has the right to a favorable environment (Article 42 of the Constitution of the Russian Federation) in accordance with the generally recognized principles and norms of international law and international treaties of the Russian Federation;
Every citizen has the right to health protection from the adverse effects of the natural environment caused by economic or other activities, accidents, catastrophes, natural disasters (Article 11 of the RSFSR Law “On the Protection of the Natural Environment”). This right is ensured by the protection of the natural environment, the creation of favorable conditions for work, life, recreation, education and training of citizens, the production and sale of good-quality food products, and the provision of good-quality medical care to the population.
2. The principle of targeted use of natural objects:
Obliges each user of natural resources to use natural objects in strict accordance with their intended purpose. For example, agricultural land may not be used for non-agricultural purposes, except as permitted by law;
The intended purpose of natural objects is determined both when they are provided and by endowing them with a certain legal status;
The will of the state, enshrined in the projects for the economic management of natural objects, is obligatory for execution by the user of natural resources.
3. The principle of rational and effective use of natural objects:
Reflects the economic side of environmental management, elevated to law, which is expressed in the desire to obtain the greatest effect from the economic exploitation of natural objects with minimal costs, without causing economic and environmental harm;
Involves economic and environmental aspects;
On the economic side, the principle of rational use of natural objects presupposes the maximum achievement of a positive effect in the use of natural objects with optimal imposition of costs;
On the environmental side, the principle involves ensuring maximum environmental safety during natural resource management and protecting the natural environment.
4. The principle of priority of conservation measures in the use of natural objects:
Due to the fact that all natural objects are not immune from the negative consequences of economic exploitation;
Any action to exploit a particular natural object must be accompanied by the development and implementation of certain measures to protect it for the life, work and recreation of the population;
At the same time, if a conflict of economic and environmental interests in natural resource management arises, that is, a beneficial way of using nature turns out to be harmful for the exploited natural object, then priority should be given to environmental interest, the method of natural resource management should either change, or the use of the object should be stopped.
5. The principle of an integrated approach to environmental management:
It is expressed in the fact that when using a given natural object, it is necessary to take into account all its ecological connections with other natural objects and with the environment as a whole;
It is determined by the natural diversity of any ecological system, and therefore deviation from it leads to irrational and wasteful use of natural resources.
6. The principle of paid use of natural resources and natural objects:
Article 20 of the RSFSR Law “On Environmental Protection” establishes payment for the use of all natural resources (land, water, forests, etc.), in addition, payment for environmental pollution and other types of impact is established;
Payment for the use of certain types of resources is charged for the right to use certain types of natural resources within the established limits for the use (withdrawal) of natural resources and in excess of the established limits;
Environmental impact fees are charged for emissions, discharges of pollutants into the environment, waste disposal on the terrain and other types of impact (noise, sound...) within the established limits and in excess;
Funds generated from fees for the use of natural resources and environmental impact are directed by natural resource users to the budget and the relevant environmental funds. The procedure for the formation of environmental funds is established by the legislation of the Russian Federation.
III. Principles of the Special Part of Environmental Law
The legal principles of the Special Part of Environmental Law are expressed in the presence of certain priorities in the use of certain natural resources:
The priority of agricultural land is expressed in the fact that all lands suitable in their properties for use in agriculture must (first of all) be provided for agricultural production. The worst lands unsuitable for agriculture should be provided for non-agricultural purposes. The use of any land must be accompanied by work to improve soil fertility. When performing work related to damage to the fertile layer of soil, the latter must be removed, stored and used to restore soil fertility;
Priority of water for drinking and domestic purposes. Water bodies are provided primarily to meet the drinking and domestic needs of the population. It is enshrined in Art. 133 Water Code of the Russian Federation;
Priority of using subsoil for the development of mineral resources. The law prohibits development of areas where mineral deposits occur, with the exception of special occasions in agreement with the state mining supervision authorities, subject to the implementation of measures that ensure the possibility of extracting minerals (Articles 11, 19 of the Federal Law “On Subsoil”);
Priority of forests for protective purposes. Forests that have water conservation, protective, and climate-forming significance belong to the forests of the first group, that is, they have a legal status of increased protection. Illegal cutting of trees in these forests entails increased liability compared to forests of other groups;
The priority of the conditions for the existence of animals in a state of natural freedom (Article 1 of the Federal Law “On the Animal World”). The use of wildlife for scientific, cultural and educational purposes is not allowed if this involves the removal of animals from the natural environment or harms the environment, as well as the use of objects of the animal world with removal from the habitat or disruption of this environment.
Concept and classification of sources of environmental law
Sources of environmental law are regulatory legal acts that contain legal norms regulating environmental public relations.
In the theory of law, there are several grounds on which the classification of sources of law is carried out. For example, all sources of law are divided according to the legal force of acts into: acts of federal bodies; acts of constituent entities of the Russian Federation; acts of local government bodies; international acts.
All acts are divided into laws and by-laws (acts of the Russian Federation, constituent entities of the Russian Federation, local governments).
Laws are divided into: the Constitution of the Russian Federation (Basic Law of the Russian Federation), federal laws of the Russian Federation, laws of the Russian Federation, laws of constituent entities of the Russian Federation, laws of local governments, the same applies to by-laws.
All these approaches are also acceptable for environmental law. But we will carry out a slightly different classification of sources - in accordance with the division of environmental law into three areas (according to the forms of interaction between society and nature): the use of nature, nature protection, and ensuring environmental safety. This is exactly how the environmental legislation of the Russian Federation is developing today, where it is possible to distinguish legal acts regulating the use of natural resources (natural resource direction), nature protection (environmental direction) and ensuring environmental safety.
But, first of all, you should refer to the articles of the Basic Law of the Russian Federation - the Constitution of the Russian Federation (1993). It lays down the constitutional foundations for nature management, environmental protection, and ensuring the environmental safety of the Russian Federation.
The Constitution of the Russian Federation has many norms, and norms of direct action, that regulate environmental relations. In fact, these are articles 8 part 2, 9 part 1, 9 part 2. 36 part 1, 36 part 2, 36 part 3, 42, 58 and others.
Let's look at some of them in more detail:
Art. 8 Part 2. - In the Russian Federation, private, state, municipal and other forms of property are recognized and protected equally.
The article introduces various shapes ownership of natural resources, and for the first time all forms of ownership are equal and equally subject to protection. Full list forms of ownership are not given in the article (other forms of ownership), which indicates the possibility of developing (improving) this issue.
Art. 9 Part 1. - Land and other natural resources are used and protected in the Russian Federation as the basis for the life and activities of the peoples living in the relevant territory.
Art. 9 part 2. – Land and other natural resources can be in private, state, municipal and other forms of ownership.
State ownership of natural resources is divided into federal property and property of the subjects of the Federation.
Municipal property, proclaimed by the Constitution, is regulated by the Law of the Russian Federation of August 12, 1995. “On the general principles of local self-government” and other regulations.
Art. 36 part 1. – Citizens and their associations have the right to own land in private ownership.
Art. 36 part 2. – Possession, use and disposal of land and other natural resources is carried out by their owners freely, if this does not cause damage to the environment and does not violate the rights and legitimate interests of other persons.
Art. 36 part 3. – The conditions and procedure for using land are determined on the basis of federal law.
Article 36 of the Constitution of the Russian Federation proclaims the right of citizens and their associations to own land in private ownership. This principle allows citizens to own land for various needs, which gives them economic freedom.
The Constitution of the Russian Federation also establishes parameters for limiting the freedom to exercise the powers of the owner of natural resources (clause 2 of Article 36). This is due to compliance with environmental requirements; the need to protect the rights and legitimate interests of other persons and the fact that land and other natural resources are the basis for the life and activities of peoples living on their territory (Article 9). Ownership of a land plot proclaims its rational use, otherwise the owner is subject to a fine (Decree of the President of the Russian Federation of December 16, 1993 “On strengthening state control over the use and protection of land during land reform”).
Restrictions on the right of use are expressed in a clear definition of the rights and obligations for the use of plots and measures of responsibility for non-compliance with the requirements for the rational use and protection of land.
By exercising the right of disposal, owners can sell, transfer, donate, etc. land.
The requirement for rational use implies the targeted use of land resources.
Art. 42 of the Constitution of the Russian Federation states: “Everyone has the right to a favorable environment, reliable information about its condition, and to compensation for damage caused to his health or property by environmental violations.”
The article actually enshrines three independent rights, although they are closely related. These are the environmental rights of man and citizen to: 1) a favorable environment; 2) reliable information about her condition; 3) compensation for damage caused to health or property by an environmental violation.
Protection of environmental interests and protection of environmental rights is the most important task Russian state. Article 45 of the Constitution of the Russian Federation guarantees state protection and gives everyone the right to defend their rights by all means that are not prohibited by law.
Art. 58 of the Constitution of the Russian Federation establishes - Everyone is obliged to preserve nature and the environment, to treat natural resources with care.
This article contains very important principle, solving the issue of a subject obligated to preserve nature and the environment, and to take care of natural resources.
The subject can be every person and citizen who is in contact with nature and the environment, as a resident settlement, as an employee (including an official).
The duty to preserve these objects is assigned by the Constitution to everyone whose work activity associated with environmental impact and natural resource management. It depends on these subjects whether a favorable state of the environment will be ensured when making environmentally significant decisions and performing work duties.
The constitutional responsibilities of this article are developed by the current environmental and natural resource law, the Federal Law "On Environmental Protection", as well as land, forestry, and subsoil legislation.
Violation of established duties entails the application of legal liability measures.
The conceptual provisions of the environmental doctrine on the interaction of society and nature, which serve as the basis for determining the basic principles of nature conservation, were adopted by the Russian Federation, included in the Basic Law of the country and became the constitutional basis (principles) of nature conservation in the Russian Federation. These principles were developed and presented in concentrated form in the Law of the RSFSR of December 19, 1991 “On the Protection of the Natural Environment” - the main environmental act of the Russian Federation until 2002.
In 2002 a new Law was adopted, which significantly changed approaches to nature and its protection. The law has largely worsened the position of man in the world around him, the position of nature itself.
The law is valid, basic, and should be studied in detail.
The next environmental law is The federal law dated March 14, 1995 No. 33-FZ "On Specially Protected natural areas", which regulates the relations of specially protected natural areas (reserves, sanctuaries, national parks, etc.), establishing their legal regimes. The law regulates relations in the field of organization, protection and use of specially protected natural areas in order to preserve unique and typical natural complexes and objects , remarkable natural formations, objects of flora and fauna, their genetic fund, studying natural processes in the biosphere and monitoring changes in its condition, environmental education of the population.
Federal Law dated February 23, 1995. No. 26-FZ "On natural medicinal resources, medical and recreational areas and resorts" determines the status of natural medicinal resources, medical and recreational areas and resorts, principles of state policy and regulates relations in the field of study, use and protection of natural medicinal resources, health-improving areas and resorts on the territory of the Russian Federation.
The Law of the Russian Federation “On the Protection of Atmospheric Air”, adopted on April 2, 1999, establishes legal basis protection of atmospheric air and is aimed at realizing the constitutional rights of citizens to a favorable environment and reliable information about its condition.
The natural resource direction of the sources of environmental law is represented by such laws of the Russian Federation as: Land Code of the Russian Federation of 2001, Federal Law of April 2, 1999. “On the protection of atmospheric air”, Federal Law of March 3, 1995. “On subsoil”, Federal Law of April 24, 1995 No. 52-FZ “On Fauna”, Federal Law of December 16, 1995. No. 167-FZ "Water Code of the Russian Federation", Federal Law of January 29, 1997. No. 22-FZ "Forest Code of the Russian Federation", Federal Law of November 30, 1995. No. 187-FZ “On the Continental Shelf of the Russian Federation”, etc., which we will get acquainted with in detail when studying further topics of the course.
The third area of environmental law is ensuring environmental safety. This direction form the sources: Federal Laws of the Russian Federation: “On the sanitary and epidemiological welfare of the population” dated April 30, 1999, “On the protection of the population and territories from natural and man-made emergencies” dated December 21, 1994 No. 68-FZ, “On fire safety" dated December 21, 1994 No. 69-FZ (with latest amendments and additions); "On the use of atomic energy" dated January 21, 1995 No. 170-FZ (with latest amendments and additions); "On radiation safety population" dated January 09, 1996 No. 3-FZ; "On the safe handling of pesticides and agrochemicals" dated July 19, 1997 No. 109-FZ; "On industrial safety of hazardous production facilities" dated July 21, 1997 No. 116-FZ; "On safety hydraulic structures" dated July 21, 1997 No. 117-FZ; "On the social protection of citizens exposed to radiation as a result of nuclear tests at the Semipalatinsk test site" dated August 19, 1995 No. 149-FZ; "On the social protection of citizens of the Russian Federation exposed to radiation due to the accident in 1957 at the Mayak production association and discharges radioactive waste into the Techa River" dated December 26, 1998 No. 175-FZ; Laws of the Russian Federation: “On the social protection of citizens exposed to radiation as a result of a disaster in Chernobyl nuclear power plant” dated May 15, 1991 (as amended by the Law of the Russian Federation dated June 18, 1992 No. 3061-1, as amended and supplemented); "On Security" dated March 5, 1992 No. 2446-1 (with latest amendments and additions) and others.
We will give a detailed analysis of the sources of environmental law when studying specific topics of the course, but you will have to familiarize yourself with these sources in official publications, which are: Collection of Legislation of the Russian Federation, Collection of Acts of the President and Government of the Russian Federation, Russian newspaper, newspaper "Krasnoyarsk Worker", "City News".
Regulatory and legal acts of the constituent entities of the Russian Federation and local governments are an integral part of the legislation of the Russian Federation and at the same time independent systems regulating environmental legal relations on the territory of a specific subject of the Russian Federation.
Acts of constituent entities of the Russian Federation can be in the form of: laws of constituent entities of the Russian Federation (constitutions, charters, laws) and by-laws (decrees, orders, resolutions, orders).
Acts of constituent entities of the Russian Federation are normative legal acts that are valid only on the territory of a specific constituent entity of the Russian Federation, local government bodies. They cannot contradict the Constitution of the Russian Federation and other legal acts.
When studying the course, you need to study the regulatory and legal acts of the Krasnoyarsk Territory, Krasnoyarsk and, if possible, other constituent entities of the Russian Federation in order to have an idea: how the detailing of all-Russian environmental legislation is carried out in the constituent entities of the Russian Federation.
Among the regulatory acts, you should study the Laws of the Krasnoyarsk Territory: “On the powers of state authorities and local governments of the Krasnoyarsk Territory in the field of use, protection, protection of the forest fund and forest reproduction” dated July 12, 2000. No. 11-858; "On local self-government in the Krasnoyarsk Territory" dated January 10, 1996. No. 8-209; "On the examination of materials for licensing the use of subsoil in the Krasnoyarsk Territory" dated December 23, 1994 No. 4-79; "Agreement on the delimitation of jurisdiction and powers between the Russian Federation, the Krasnoyarsk Territory, the Taimyr (Dolgano-Nenets) and Evenki Autonomous Okrugs" dated November 11, 1997; "On approval of the agreement on the fundamentals of relations between public authorities of the Krasnoyarsk Territory and the Evenki Autonomous Okrug" dated June 24, 1997. No. 14-500; "Charter of the city of Krasnoyarsk" - Law of Krasnoyarsk dated December 24, 1997. No. B-62; "On specially protected natural areas in the Krasnoyarsk Territory" dated September 28, 1995 No. 7-174; "On natural healing resources and health-improving areas of the Krasnoyarsk Territory" dated September 28, 1995. No. 7-175, etc.
Departmental regulations occupy a prominent place in the legal regulation of environmental management and environmental protection. Since 1992 introduced state registration regulations of ministries, committees and departments that affect the rights and legitimate interests of citizens or are of an interdepartmental nature, which should become an important measure in regulating departmental rule-making. A particularly important role in the departmental regulation of environmental legal relations belongs to the Ministry of Natural Resources of Russia, as a body specially authorized to regulate relations in this area.
The activities of judicial and arbitration bodies play a very significant role in the legal regulation of environmental legal relations. Of particular importance are the decisions of the highest judicial and arbitration bodies, which contain generalized judicial and arbitration practice and guidelines on the application of current legislation. This is, for example, the Resolution of the Supreme Arbitration Court of the Russian Federation on October 21, 1993. No. 22 “On some issues of application of the RSFSR Law “On Environmental Protection””, which states that when resolving disputes related to the application of this Law, it must be borne in mind that the establishment of differentiated payment rates for environmental pollution in accordance with subparagraph "a" of paragraph 4 of the Decree of the Government of the Russian Federation of August 28, 1992. No. 632 “On approval of the Procedure for determining fees and their maximum amounts for environmental pollution, waste disposal, and other types of harmful impacts” falls within the competence of executive authorities within territories, regions, etc., however, these authorities are not given the right to introduce additional payments for the use of natural resources, environmental pollution, waste disposal, and other types of harmful effects not provided for by the legislation of the Russian Federation.
Standards (GOSTs, OSTs) play a certain role in improving law enforcement activities. These include:
GOST 17.5.1781 – 78. Nature conservation. Land reclamation;
GOST 17.2.1.04 – 77. Nature conservation. Atmospheric air. Standards, as such, do not establish rights and obligations for subjects, do not provide for the rights to use and protect natural resources, but provide a “decoding” of the content of regulatory legal acts, warning against possible errors in law enforcement practice.
Guiding decisions of the Plenums of the Supreme and Supreme Arbitration Court, standards are not sources of law, but play an important role in the legal regulation of environmental-legal relations, playing a supporting role.
International acts in the field of environmental management and nature conservation have the following features:
Generally recognized principles and norms of international law and international treaties of the Russian Federation ratified by Russia are integral part its legal system;
If an international treaty of the Russian Federation establishes rules other than provided by law, then the rules of the international treaty apply (Part 4 of Article 15 of the Constitution of the Russian Federation).
International acts regulating environmental legal relations include the following:
1. Ramsar Convention on Wetlands of International Importance especially as Waterfowl Habitat (Ramsar, Iran, 1971);
2. Treaty on the Prohibition of the Placement of Nuclear Weapons of Mass Destruction on the Bottom of the Seas and Oceans and in Their Subsoil (1971);
3. Convention for the Prevention of Marine Pollution by Dumping of Wastes and Other Materials (London Dumping Convention) (London, 1972);
4. Agreement on the Conservation of Polar Bears (Oslo, 1973) and others.
Control questions/
1. What is the subject of environmental law?
2. Method of legal regulation in environmental law.
3. On what principles are nature conservation activities based in the Russian Federation?
4. Basic legal acts in natural resource law.
5. Main sources of law in environmental law.
6. What is the classification of sources of law in environmental law?
7. Name the general legal and special principles of environmental law.
8. What is the greening method in environmental law?
9. What is the essence of the principle “Priority of the interests of the peoples living in the relevant territory and protection of the rights of the individual”?
10. What is the content of the principle of targeted use of natural resources?
11. What is the essence of the principle of an integrated approach to using nature?
12. What is the content of the principle “Priority of subsoil use for mining”, its social significance?
13. General characteristics of the federal law “On Environmental Protection”, its social significance.
14. Describe the sources of law to ensure environmental safety in Russia.
15. What is the role of local legislation in regulating environmental legal relations?
Bibliography
1. The Constitution of the Russian Federation, adopted by popular vote on December 12, 1993. – M.: Legal. lit., 1998.
2. Law of the RSFSR “On the Protection of the Natural Environment” dated December 19, 1991, as amended. dated June 2, 1993 // Gazette of the Congress people's deputies of the Russian Federation and the Supreme Council of the Russian Federation. 1992. No. 10. Art. 457; Art. 459;1993. No. 29 Art. 1111.
3. Federal Law “On Environmental Protection” of January 10, 2002. No. 7-FZ//Parliamentary newspaper. 2002. 12 Jan.
3. On natural healing resources, health resorts and resorts: Federal Law of 02.23.95. No. 26-FZ // Northwestern Russian Federation. 1995. No. 9. Art. 713.
4. On specially protected natural areas: Federal Law of March 14, 1995. No. 33-FZ // Northwestern Russian Federation. 1995. No. 12. Art. 1024.
5. Land Code of the RSFSR dated April 25, 1991. // VSND RSFSR 1991. No. 22. Art. 768; 1993. No. 52. Art. 5085.
6. Law of the Russian Federation “On the Protection of Atmospheric Air”: Adopted by the Supreme Council on April 2, 1999. // NW RF. 1999., No. 18. Art. 2222.
7. On subsoil: Law of the Russian Federation dated February 21, 1992. No. 2395-1 (as amended by Federal Law 03.03.95. No. 27-FZ) // NWRF. 1995. No. 10. Art. 823.
8. On fauna: Federal Law of April 24, 1995. No. 52-FZ // Northwestern Russian Federation. 1995. No. 17. Art. 1462.
9. Water Code of the Russian Federation dated November 16, 1995. No. 167-FZ // Northwestern Russian Federation. 1995. No. 47. Art. 4471.
10. Forest Code of the Russian Federation dated January 29, 1997. No. 22-FZ // Northwestern Russian Federation. 1997. No. 5. Art. 610.
11. On the continental shelf of the Russian Federation: Federal Law of November 30, 1995. No. 187-FZ // Northwestern Russian Federation. 1995. No. 49. Art. 4694.
12. On safety: Law of the Russian Federation dated 05.03.92 No. 2446-1. From last change and additional // VSND. 1992. No. 15. Art. 769; 1993. No. 2. Art. 77; SAPP. 1993, No. 52. Art. 5086.
13. On fire safety: Federal Law of December 21, 1994. No. 69-FZ. From last change and additional // NWRF. 1994. No. 35. Art. 3649; 1995. No. 35. Art. 3503; 1996. No. 17. Art. 1911; 1998. No. 4. Art. 430.
14. On the use of atomic energy: Federal Law of January 21, 1995. No. 170-FZ. From last change and additional // NWRF. 1995. No. 48. Art. 4552; 1997. No. 7. Art. 808.
15. On radiation safety of the population: Federal Law of 01/09/96. No. 3-FZ // Northwestern Russian Federation. 1996. No. 3. Art. 141.
16. On the safe handling of pesticides and agrochemicals: Federal Law of July 19, 1997. No. 109-FZ // Northwestern Russian Federation. 1997. No. 29. Art. 3510.
17. On industrial safety of hazardous production facilities: Federal Law of July 21, 1997. No. 116-FZ // Northwestern Russian Federation. 1997. No. 30. Art. 3588.
19. On the safety of hydraulic structures: Federal Law of July 21, 1997. No. 117-FZ // Northwestern Russian Federation. 1997. No. 30. Art. 3589.
21. Criminal Code of the Russian Federation of 01.01.97. - M.: Law and Law, UNITY, 1997.
22. On the structure of federal executive authorities: Decree of the President of the Russian Federation of May 17, 2000. // NWRF. No. 21. 2000. Art. 2168.
23. On federal natural resources: Decree of the President of the Russian Federation of December 16, 1993. No. 2144. // SAPP.1993. No. 51. Art. 4932.
24. On the general principles of organizing local self-government in the Russian Federation: Federal Law of 08.28.95. No. 154-FZ. From last change and additional // NWRF. 1995. No. 35. Art. 3506; 1996. No. 49. Art. 5500; 1997. No. 12. Art. 1378.
25. On the protection of natural resources of territorial waters, continental shelf and economic zone of the Russian Federation: Decree of the President of the Russian Federation dated 05.05.92. No. 436 // VSND. 1992. No. 19. Art. 1048.
26. Regulations on the Ministry of Natural Resources of the Russian Federation: Decree of the Government of the Russian Federation of September 25, 2000 // Rossiyskaya Gazeta. -2000. -October 5.
27. Regulations on Federal service land cadastre Russia: Decree of the Government of the Russian Federation of January 11, 2001. No. 22 // Russian newspaper. – 2001. – January 24.
28. On the state strategy of the Russian Federation for environmental protection and sustainable development: Decree of the President of the Russian Federation dated 02/04/94. No. 236. // SAPP. 1994. No. 6. Art. 436.
29. On the concept of the Russian Federation’s transition to sustainable development: Decree of the President of the Russian Federation dated 04/01/96. No. 440. // NWRF. 1996. No. 15. Art. 1572.
Special literature
1. Brinchuk M.M. Environmental law (environmental law): Textbook for universities. - M.: Lawyer, 1998. - 688 p.
2. Erofeev B.M. Environmental law: Textbook for universities. - M.: New Lawyer, 1998. - 668 p.
3. Krassov O.I. Environmental Law: Textbook. – M.: Delo, 2001. – 768 p.
4. Petrov V.V. Environmental law: Textbook for universities. - M.: BEK, 1995. - 557 p.