The Federal Law “On Environmental Protection”, adopted on January 10, 2002, is a systematized, comprehensive legal act in the field of environmental protection. It regulates basic social relations in the field of environmental management and environmental protection.
General characteristics of the law
This law determined the main tasks and mechanism for regulating relations in the sphere of interaction between society and people. He laid the foundations for the progressive development of environmental legislation as legislation of a new generation. This law is characterized by the following features:
The law is a comprehensive normative act regulating environmental relations in general without differentiation by individual natural objects. It formulates the main provisions that make it possible to prevent harm to the environment and ensure compliance with environmental requirements. These include: the creation of an economic mechanism for environmental protection, regulation of state environmental assessment, liability for environmental violations.
The law is a basic normative act, the provisions of which are developed and specified in other acts of environmental legislation. Certain sections of this law subsequently became the basis for the development of other federal laws and other regulations of environmental legislation.
The law establishes the priority of protecting human life and health from the adverse effects of the environment. Protecting the natural environment is not an end in itself; the main goal is to prevent the harmful effects of the environment on the human body. From this point of view, the main legal institutions of environmental protection operate. In particular, human health is the main criterion when establishing environmental standards.
The law is based on a scientifically based combination of environmental
cultural and economic interests of society. The principle of the relationship between environmental and economic interests of society is fundamental in the concept of sustainable development, formulated at the UN conferences in 1972 and 1992. In our legislation this principle is reflected in such a compromise formulation
The law establishes a system of economic incentives for environmental protection activities in combination with administrative and legal measures. This combination allows, on the one hand, the state to control the activities of natural resources users, since natural resources are the property of the entire society, on the other hand, the introduction of market mechanisms creates the prerequisites for the rational use of natural resources.
The law consists of a preamble, 16 chapters and 84 articles.
Regulatory acts on rational environmental management
As noted above, among the laws that regulate environmental legal relations, two groups can be distinguished: environmental and natural resource.
Natural resource regulations regulate social relations that develop in the sphere of rational use of certain types of natural resources and natural objects: land, subsoil, water, forests, atmospheric air, wildlife, specially protected areas.
The group of federal laws, which are fundamental regulatory acts, includes the following: Land Code of the Russian Federation, Law of the Russian Federation “On Subsoil”, Water Code of the Russian Federation, Forestry Code of the Russian Federation, Federal Law “On the Protection of Atmospheric Air”, Federal Law of March 14, 1995 No. 33-FZ “On Specially Protected Natural Areas”, Federal Law “On Wildlife”.
These regulations are characterized by the presence of some common features.
1. Natural resources may be in different forms of ownership, but they are a specific object of ownership.
ity, but they are a specific object of property, since they are used by the entire society, and therefore the state limits the right of ownership of natural resources, establishing certain rights and obligations of owners, determining the intended purpose of natural resources.
Significant, from the point of view of legal regulation, is the content of the concept of “protection and rational use of a natural resource”. What qualities of a natural resource are priority? For example, water can be used for drinking, for household needs, as a shipping route, etc. If water is used as a shipping route, its purity is not critical. The legislation determines that the priority quality of water is its suitability for drinking, i.e. purity.
Compliance with any instructions is impossible without responsibility. A rule of law is not a recommendation, but a command, behind which stands the authority of the state.
These legislative acts provide for liability for violation of relevant legislation (land, water, forestry, etc.), and measures of liability may have their own specific features.
Let's take a closer look at the two main natural resource federal laws.
Land Code regulates relations in the field of use and protection of water bodies (water relations) in order to ensure the right of citizens to clean water and a favorable water environment. These goals are achieved through the following activities:
maintaining optimal conditions for water use, the quality of surface and groundwater in a state that meets sanitary and environmental requirements;
protection of water bodies from pollution, clogging and depletion;
preventing or eliminating the harmful effects of water, as well as preserving the biological diversity of aquatic ecosystems.
The Water Code of the Russian Federation provides for the following responsibilities of water users: rational use of water bodies; prevent violation of the rights of other water users, as well as
causing harm to human health and the environment; prevent deterioration of the quality of surface and ground waters, habitats of flora and fauna; inform government authorities about emergencies and other emergency situations affecting the condition of water bodies.
The Water Code of the Russian Federation stipulates that “persons guilty of violating the water legislation of the Russian Federation bear administrative and criminal liability in accordance with the legislation of the Russian Federation” (Article 130). If damage is caused to a water body, the persons responsible for this are obliged to compensate for the damage.
Self-test questions
Name the main legal acts that regulate the use of certain natural resources and the protection of the natural environment.
Describe the main stages of the formation of Russian legislation.
Give a general description of the Federal Law “On Environmental Protection”.
What social relations are regulated by natural resource regulations?
Give a description of the Land Code of the Russian Federation.
Give a description of the Water Code of the Russian Federation.
What responsibilities of land users are provided for by the Land Code of the Russian Federation?
According to the Constitution, every citizen has the right to favorable environmental conditions. At the same time, there is an obligation to preserve nature and take care of its riches. Natural resources act as the basis for sustainable development and the life of all peoples of Russia. Legal regulation of the sphere of nature protection is carried out by the relevant Federal Law.
Law "On Environmental Protection": general information
The normative act establishes the principles in accordance with which the protection of nature is carried out. The legal framework of the document ensures balance in solving socio-economic issues, preserving favorable environmental conditions, biological diversity and resources to meet the needs of present and future generations, and monitoring the implementation of environmental legislation. The normative act regulates the relations formed in the process of carrying out economic and other activities related to the impact on nature. 
Principles
The Federal Law “On Environmental Protection” defines general requirements for entities conducting economic and other activities that have an impact on nature. The functioning of enterprises and the work of citizens must be carried out in accordance with the following principles:
Objects to be protected
Their list is established by the 7th Federal Law (Federal Law “On Environmental Protection”). Objects subject to protection from depletion, pollution, damage, degradation, destruction and other negative impacts of economic or other activities include:
Special categories
The Law of the Russian Federation “On Environmental Protection” establishes a list of objects subject to priority protection. These include ecosystems, natural complexes and landscapes that have not been subject to anthropogenic influence. The Law “On Environmental Protection” also defines the category of objects subject to special protection. This list includes:
- state reserves, wildlife sanctuaries;
- botanical gardens;
- natural monuments;
- dendrological and national parks;
- health-improving and resort areas;
- permanent habitat for small indigenous peoples.
In this category, the Law “On Environmental Protection” includes objects included in the World Heritage List, as well as those having special historical, cultural, scientific, recreational, aesthetic or other valuable significance, endangered and rare soils, forests and other vegetation, animals and other organisms and their habitats. 
Citizens' rights
The Federal Law “On Environmental Protection” was adopted in pursuance of the Constitutional provisions relating to the field of environmental safety. In this regard, the normative act spells out the rights of citizens in this area. In particular, the Law “On Environmental Protection” establishes that every Russian can send requests to state, regional or local authorities, organizations and officials in order to timely receive complete and reliable data on the state of nature in the territory of their residence. Citizens also have the right to become familiar with information about environmental safety measures. The Law “On Environmental Protection” allows the formation of public associations and other non-profit structures (foundations, etc.) to carry out activities related to the protection of nature. Citizens can participate in demonstrations, processions, rallies, picketing, referendums, collecting signatures for adoption of petitions on environmental issues, as well as in other actions that do not contradict regulations. The Law “On Environmental Protection” provides for the right of private individuals to file claims for compensation for damage to nature.
Responsibilities
In accordance with the law, citizens must:
- Protect natural resources.
- Save the environment.
- Comply with other environmental requirements.
Interaction with government agencies
Citizens have the right to put forward proposals to carry out an environmental assessment and take part in it in the prescribed manner. Private individuals can assist local, state or regional authorities in resolving environmental issues. The Law “On Environmental Protection” provides for the right of any citizen to contact authorized structures with statements, complaints and proposals regarding the protection of nature.
The system of legal protection of nature in Russia includes four groups of legal measures:
1) legal regulation of relations on the use, conservation and renewal of natural resources;
2) organization of education and training of personnel, financing and logistical support of environmental actions;
3) state and
public control over compliance with environmental protection requirements;
4) legal liability of offenders.
In accordance with environmental legislation object Legal protection is the natural environment - an objective reality that exists outside a person and independently of his consciousness, serving as a habitat, condition and means of his existence.
Sources of environmental law Regulatory legal acts are recognized that contain legal norms regulating environmental relations. These include laws, decrees, resolutions and orders, regulations of ministries and departments, laws and regulations of the constituent entities of the Federation. Finally, among the sources of environmental law, international legal acts regulating internal environmental relations on the basis of the primacy of international law occupy a large place.
As a result of the latest codification, a system of environmental legislation has emerged, which is based on three fundamental normative acts: Declaration of the First Congress of People's Deputies of the RSFSR on the state sovereignty of the Russian Soviet Federative Socialist Republic (1990), Declaration of the Rights and Freedoms of Man and Citizen (1991) and the Constitution of the Russian Federation, adopted by popular vote on December 12, 1993.
Environmental legislation system, guided by the ideas of the fundamental constitutional acts, includes two subsystems:
- environmental
- natural resource legislation.
In environmental legislation includes Federal Law No. 7-FZ of January 10, 2002 “On Environmental Protection” and other legislative acts of comprehensive legal regulation.
In the subsystem of natural resource legislation includes: Land Code of the Russian Federation (Federal Law No. 136 of October 25, 2001), Law of the Russian Federation of February 21, 1992 No. 2395-1 “On Subsoil”, Forestry Code of the Russian Federation (Federal Law No. 200 of December 4, 2006), Water Code of the Russian Federation (Federal Law No. 74 of June 3, 2006), Federal Law of April 24, 1995 No. 52-FZ “On the Animal World,” as well as other legislative and regulatory acts.
In the Constitution of the Russian Federation the main provisions of the state's environmental strategy and the main directions of strengthening the environmental legal order are reflected. The Constitution of the Russian Federation introduces into scientific circulation the definition of human environmental activity in the sphere of interaction between society and nature: environmental management, environmental protection, ensuring environmental safety.
The central place among the environmental norms of the Constitution of the Russian Federation is occupied by Part 1 of Art. 9, which states that land and other natural resources in the Russian Federation are used and protected as the basis for the life and activities of the peoples living in the relevant territory.
The Constitution of the Russian Federation has two very important norms, one of which (Article 42) enshrines the right of every person to a favorable environment, reliable information about its condition and to compensation for damage caused to his health or property, and the other proclaims the right of citizens and legal entities on private ownership of land and other natural resources (Part 2, Article 9). The first concerns the biological principles of man, the second - his material foundations of existence.
The Constitution of the Russian Federation also formalizes the organizational and legal relations between the Federation and the subjects of the Federation. According to Art. 72 use, ownership and disposal of land, subsoil, water and other natural resources, environmental management, environmental protection and ensuring environmental safety are the joint competence of the Federation and the subjects of the Federation.
On the subject of its jurisdiction, the Russian Federation adopts federal laws that are binding throughout the country. Subjects of the Federation have the right to their own regulation of environmental relations, including the adoption of laws and other regulations. The Constitution of the Russian Federation establishes a general rule: laws and other legal acts of the constituent entities of the Federation must not contradict federal laws. The provisions of the Constitution of the Russian Federation are specified in the sources of environmental law.
Federal Law “On Environmental Protection” defines the legal framework of state policy in the field of environmental protection, ensuring a balanced solution of socio-economic problems, preserving a favorable environment, biological diversity and natural resources in order to meet the needs of current and future generations, strengthening the rule of law in the field of environmental protection and ensuring environmental safety.
The 16 chapters of the Law establish the following legal provisions:
- fundamentals of environmental management;
- rights and obligations of citizens, public and other non-profit associations in the field of environmental protection;
- economic regulation in the field of environmental protection;
- regulation in the field of environmental protection;
- environmental impact assessment and environmental expertise;
- requirements in the field of environmental protection when carrying out economic activities;
- environmental disaster zones, emergency zones;
- state environmental monitoring (state environmental monitoring);
- control in the field of environmental protection (ecological control);
- scientific research in the field of environmental protection;
- fundamentals of the formation of environmental culture;
- international cooperation in the field of environmental protection.
Protecting human health and ensuring human well-being is the ultimate goal of protecting the natural environment. Therefore, in legislative acts aimed at protecting the health of citizens, environmental requirements occupy a leading place. In this sense, the source of environmental law is the Federal Law of March 30, 1999 No. 52-FZ “On the sanitary and epidemiological welfare of the population.” It regulates sanitary relations related to the protection of health from the adverse effects of the external environment - industrial, domestic, natural. The environmental requirements expressed in the articles of the Law are also sources of environmental law. For example, the provisions of Art. 18 of the Law on burial, processing, neutralization and disposal of industrial and household waste, etc.
Another source of environmental law is the Federal Law “On the Fundamentals of Protecting the Health of Citizens in the Russian Federation” dated November 21, 2011 No. 323-FZ. It contains a norm that ensures the environmental rights of citizens. Yes, Art. 18 states that: “Everyone has the right to health care. The right to health is ensured by environmental protection...”
Legal norms for nature protection and rational use of natural resources are also contained in other acts of Russian natural resource legislation. These include the Forest Code of the Russian Federation, the Water Code of the Russian Federation, the Federal Law “On Wildlife”, etc.
The range of environmental issues on which decrees and orders of the President of the Russian Federation can be issued is practically unlimited. Among them should be mentioned Decree of the President of the Russian Federation of February 4, 1994 No. 238 “On the state strategy of the Russian Federation for environmental protection and ensuring sustainable development.”
On the basis of and in pursuance of the Constitution of the Russian Federation, federal laws, and regulatory decrees of the President of the Russian Federation, the Government of the Russian Federation issues decrees and orders, also being responsible for their implementation. The Decree of the Government of the Russian Federation is also a normative legal act. In accordance with Art. 114 of the Constitution of the Russian Federation The Government of the Russian Federation ensures the implementation in the Russian Federation of a unified state policy in the field of science, culture, education, healthcare, social security, and ecology.
Decrees of the Government of the Russian Federation on environmental issues can be divided into three groups.
- The first group includes those that are adopted in pursuance of the law to specify individual provisions.
- The second group of regulations is intended to determine the competence of management and control bodies.
- The third group of resolutions includes normative legal acts for further legal regulation of environmental relations.
Environmental ministries and departments are given the right to issue regulations within their competence. They are intended for mandatory execution by other ministries and departments, individuals and legal entities.
Regulatory rules play an important role - sanitary, construction, technical and economic, technological etc. These include environmental quality standards: standards for permissible radiation, noise levels, vibration, etc. These standards are technical rules, and in this form they are not considered as sources of law. Departmental regulations can be canceled by the Government of the Russian Federation if they contradict the law. Acts come into force only after registration with the Ministry of Justice and publication in the Rossiyskie Vesti newspaper. According to the Constitution of the Russian Federation, the subjects of the Federation also have the right to adopt laws and other regulatory legal acts on issues within their jurisdiction. Representative and executive authorities of republics, territories, regions, autonomous entities, the cities of Moscow and St. Petersburg, and Sevastopol have the right to engage in rule-making activities.
The sphere of competence of the subjects of the Federation is determined by sectoral legislative acts: for land use - the Land Code of the Russian Federation, for subsoil - the Law of the Russian Federation "On Subsoil", for water use - the Water Code of the Russian Federation, for the use of wildlife - the Federal Law "On Wildlife", for the natural environment - Federal Law “On Environmental Protection”. This division of legal regulation is based on the attitude towards natural resources. The procedure for classifying natural resources as federal or other is regulated by the Decree of the President of the Russian Federation on federal resources. The Constitution of the Russian Federation (Article 76) establishes laws and other regulatory legal acts of the subjects of the Federation must not contradict the Constitution of the Russian Federation and federal laws. If there is a contradiction between the regulations of the constituent entities of the Federation and articles of federal laws, the former are subject to repeal by a decree of the President of the Russian Federation or a resolution of the Government of the Russian Federation. In addition to special regulatory and legal acts of environmental content, in recent years the greening of regulations governing the economic, business and administrative activities of enterprises has been widely used. Under greening understand the implementation of environmental requirements in regulatory legal acts of non-environmental content. The need for such a process is explained by the fact that environmental laws may not always directly affect business entities engaged in various areas of production.
Thus, the Law of the Russian Federation of February 7, 1992 No. 2300-1 “On the Protection of Consumer Rights” (Article 7) gives the consumer the right to demand that goods are safe for his life. It also gives government authorities the right to suspend the sale of goods if there is a threat to the health of citizens or the state of the environment. Laws on local self-government and taxation of legal entities reflect various benefits for reducing emissions, using clean technologies, etc.
Legislation provisions in the field of environmental safety are aimed at preserving the environment and natural resources. This approach is due to the Constitution’s injunction that every citizen has the right to an environment favorable to life. The Russian Federation has several laws regulating environmental issues.
The environmental laws of the Russian Federation are aimed at protecting and ensuring the country's natural resources. The provisions of the legislation relate not only to the consequences of human activity. Requirements are established to eliminate man-made and natural disasters, as well as to minimize their damage to the environment.
To regulate the relevant provisions, a number of legal acts are in force in Russia. accepted July 19, 1995. The purpose of the document is to ensure the constitutional right of citizens to a favorable environment and prevent negative impacts. Federal Law 174 addresses the following issues:
- powers of the President of the Russian Federation, federal and regional authorities;
- conducting state environmental assessment;
- the rights of citizens and public organizations, as well as customers of documentation for the examination;
- financial support, international treaties;
- responsibility for violations of the law, as well as the procedure for resolving arising disputes.
Federal Law “On Production and Consumption Waste” 89 Federal Law adopted on May 22, 1998. It regulates issues related to the handling and disposal of waste that may cause harm to citizens or the environment. Recycling and reuse possibilities are taken into account. The provisions of Federal Law 89 regulate the following aspects:
- powers of the Russian Federation, its regions and local governments;
- general requirements for waste management;
- standardization, state accounting and reporting system;
- economic regulation of the assigned tasks;
- regulation of actions aimed at handling municipal solid waste;
- system of state supervision over the implementation of regulations;
- responsibility for violations.
Regulates issues aimed at protecting the health of citizens and ensuring a favorable environmental situation for life. The document regulates the following legal norms:
- rights and obligations of citizens, individual entrepreneurs and legal entities;
- sanitary and epidemiological requirements for ensuring environmental safety and environmental protection;
- provision of preventive measures;
- state regulation of prescribed actions and organization of state federal supervision;
- liability for violation of prescribed standards.
Federal Law “On the Protection of Atmospheric Air” 96 Federal Law adopted on April 2, 1999 and regulates aspects related to the prevention of air pollution. This is due to the fact that, according to Federal Law 96, it is a vital component for human life, plants and animals. Based on this conclusion, legal standards for the protection of atmospheric air are established. They are expressed in the following provisions:
- formation of management in the field of atmospheric air protection;
- organization of relevant activities;
- state accounting of sources of harmful effects on the atmosphere;
- ensuring state supervision and economic mechanism for protection and regulation;
- rights of citizens and legal entities in the field of atmospheric air protection;
- liability for violation of this law;
- international treaties and cooperation of the Russian Federation.
The basic environmental law is Federal Law 7 “On Environmental Protection”. The document regulates general aspects related to environmental safety. Legal norms of interaction between society and nature that arise in the course of citizens’ economic activities are prescribed.
Description of the environmental law
The Federal Law on Environmental Safety of the Russian Federation “On Environmental Protection” was adopted on December 20, 2001. In structure, it consists of several chapters that combine thematic provisions of legislation on environmental safety. Federal Law 7 contains the following legal norms:
- general provisions, regulating the basic concepts of the law and the legal principles on which it is based, categories of objects that negatively affect the environmental situation are also taken into account;
- fundamentals of environmental management– the powers of federal, regional and municipal government bodies, the delimitation of rights and the management system are determined;
- rights and obligations of citizens, public associations and legal entities prescribed in the context of the state system of measures to ensure environmental safety;
- principles of economic regulation are based on penalties for negative impacts and identification of persons obliged to regularly pay the appropriate fee; a control system and state support for activities aimed at ensuring environmental safety are also prescribed;
- regulation in the field of environmental protection– standards are determined for acceptable actions that violate the environment;
- environmental impact assessment and the procedure for conducting environmental impact assessment;
- environmental safety requirements when carrying out certain types of economic or other activities;
- procedure for establishing environmental disaster zones and emergency situations;
- accounting of natural objects, which are listed under special protection, their legal regime and measures aimed at their preservation;
- forest park green belts– their creation, placement of information about them, principles of protection;
- state environmental supervision the situation, the functioning of its unified system and provision fund;
- state environmental supervision - ensuring production and public control, accounting for facilities whose activities have a negative impact on the environment;
- determination of principles for conducting scientific research in ecology;
- fundamentals of the formation of ecological culture– measures aimed at education and enlightenment of citizens;
- liability for violations of the law– its types, the procedure for resolving disputes, compensation for damage caused and restrictions on the activities of relevant facilities;
- elimination of accumulated environmental damage– identifying it and organizing measures to eliminate it;
- principles of international cooperation Russian Federation on environmental safety issues.
IN final provisions Law 7 Federal Law includes instructions on its entry into force, as well as bringing other legislative acts into legal compliance. The law came into force on the day of its official publication - January 10, 2002. Since that moment, it has undergone a number of changes aimed at eliminating inaccurate wording and updating legal norms. The latest amendments were made in 2016.
Changes in environmental law
Changes to the environmental law “On Environmental Protection” were last introduced in 2016. The amendments were introduced by various documents on April 5, June 23 and July 3. The general list is determined by the following changes:
- V Articles 1, 19, 29 and 70 after the words " documentation" the words " were added , federal rules and regulations"in the appropriate cases;
- article 78 the Law on Ecology was supplemented with clause 2.1 on accounting for the costs of eliminating damage to the environment;
- was added chapter 14.1 on damage control damage to the environment, corresponding amendments were also made to Articles 1, 5.1, 28.1 and 65;
- to the environmental law Chapter 9.1 on forest-park green belts was introduced, the wording of Article 44 was additionally adjusted, and paragraphs 4-7 were added to Article 68 on the ability of citizens to assist government services in ensuring environmental safety;
- to point 1 Article 50 a paragraph has been added on the prohibition of growing plants and animals with genetically engineered material, with the exception of scientific research work and examination.
In January 2002, a new federal law “On Environmental Protection” came into force. This law replaced the RSFSR Law “On Environmental Protection”, adopted in 1991. During 2004-2008, changes were made to the law related to clarifying the powers of the constituent entities of the Russian Federation and municipalities in the field of environmental protection.
The Law “On Environmental Protection” consists of 16 chapters:
Chapter I. General provisions.
Chapter II. Fundamentals of environmental management.
Chapter III. Rights and obligations of citizens, public and other non-profit associations in the field of environmental protection.
Chapter IV. Economic regulation in the field of environmental protection.
Chapter V. Standardization in the field of environmental protection.
Chapter VI. Environmental impact assessment and environmental expertise.
Chapter VII. Requirements in the field of environmental protection when carrying out economic and other activities.
Chapter VIII. Ecological disaster zones, emergency zones.
Chapter IX. Natural objects under special protection.
Chapter X. State environmental monitoring (state environmental monitoring).
Chapter XI. Control in the field of environmental protection (ecological control).
Chapter XII. Scientific research in the field of environmental protection.
Chapter XIII. Fundamentals of the formation of ecological culture.
Chapter XIV. Responsibility for violation of legislation in the field of environmental protection and resolution of disputes in the field of environmental protection.
Chapter XV. International cooperation in the field of environmental protection.
Chapter XVI. Final provisions.
IN chapter 1 The federal law provides definitions of basic concepts, including: in the field of regulation, state environmental monitoring, environmental audit, best existing technology, environmental risk and environmental safety. The basic principles of environmental protection are formulated, which allow for the impact of economic and other activities on the natural environment, based on compliance with requirements in the field of environmental protection. At the same time, reducing the negative impact of economic and other activities on the environment should be carried out based on the use of the best existing technologies, taking into account economic and social factors. The law establishes objects for environmental protection from pollution, depletion, and degradation, these include:
Lands, subsoil, soils;
Surface and underground waters;
Forests and other vegetation, animals and other organisms and their genetic fund;
Atmospheric air, the ozone layer of the atmosphere and near-Earth space.
The powers of state authorities of the Russian Federation, constituent entities of the Russian Federation and local governments in the field of relations related to environmental protection are considered in Chapter 2. The division of powers in the sphere of relations related to environmental protection between state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation should be carried out on the basis of Agreements between federal executive authorities and executive authorities of the constituent entities of the Russian Federation, on the transfer of part of the powers on environmental protection issues to them environment.
The rights and obligations of citizens, public and other non-profit associations in the field of environmental protection are discussed in chapter 3 law. Every citizen of the Russian Federation has the right to a favorable environment, to its protection from negative impacts caused by economic and other activities, natural and man-made emergencies, to reliable information about the state of the environment and to compensation for damage to the environment. This chapter also defines the rights and obligations of public and other non-profit associations operating in the field of environmental protection, and a system of government measures to ensure the rights to a favorable environment.
Methods of economic regulation in the field of environmental protection, discussed in chapter 4 include:
Conducting an economic assessment of the impact of economic and other activities on the environment;
Providing tax and other benefits when introducing the best existing technologies, non-traditional types of energy, using secondary resources and recycling waste, as well as when implementing other effective measures to protect the environment in accordance with the legislation of the Russian Federation;
Establishment of payment for negative impact on the environment;
Support for entrepreneurial, innovative and other activities (including environmental insurance) aimed at protecting the environment.
The law abolished the system of environmental funds that existed since 1991. The fee for negative impact on the environment (pollution fee) has been retained. It has been determined that business activities carried out for the purpose of environmental protection are supported by the state through the establishment of tax and other benefits. The mechanism of voluntary environmental insurance, which had been in force since 1991, was liquidated.
IN chapter 5 the system of regulation in the field of environmental protection is considered. The law determines that regulation in the field of environmental protection consists of establishing standards for environmental quality, standards for permissible impact on the environment, as well as state standards and other documents. Rationing is carried out in the manner established by the Government of the Russian Federation.
The Law includes standards established in accordance with chemical, physical and biological indicators of the state of the environment.
In order to prevent the negative impact of economic and other activities on the environment, the following standards for permissible environmental impact are established for legal entities and individuals:
Standards for permissible emissions and discharges of substances and microorganisms;
Standards for the generation of production and consumption waste and limits on their disposal;
Standards for permissible removal of components of the natural environment;
Standards for permissible anthropogenic load on the environment.
As one of the elements of environmentally friendly economic activity, the Law introduces voluntary and mandatory environmental certification.
The Federal Law “On Environmental Protection” fundamentally changes chapter 6, dedicated to the state environmental assessment. This chapter, as an independent article of the law, includes an environmental impact assessment, which is carried out in relation to planned economic and other activities that may have a direct or indirect impact on the environment. Environmental impact assessment is carried out during the development of all alternative options for pre-project, including pre-investment, and project documentation justifying the planned economic and other activities, with the participation of public associations.
Chapter 7 is devoted to environmental protection issues when carrying out economic and other activities and includes the following articles containing requirements in the field of environmental protection during:
placement of buildings, structures, structures and other objects;
design of buildings, structures, structures and other objects;
construction and reconstruction of buildings, structures, structures and other objects;
commissioning of buildings, structures, structures and other objects;
operation and decommissioning of buildings, structures, structures and other objects;
operation of agricultural facilities;
during land reclamation, placement, design, construction, reconstruction, commissioning and operation of reclamation systems and separately located hydraulic structures;
placement, design, construction, reconstruction, commissioning and operation of energy facilities;
placement, design, construction, reconstruction of urban and rural settlements;
use of radioactive substances and nuclear materials;
production and operation of automobiles and other vehicles;
placement, design, construction, reconstruction, commissioning and operation of oil and gas production facilities, processing facilities, transportation, storage and sale of oil, gas and their processed products;
use of chemicals in agriculture and forestry;
production, handling and neutralization of potentially hazardous chemicals, including radioactive, other substances and microorganisms;
management of production and consumption waste;
establishing protective and security zones;
privatization and nationalization of property;
placement, design, construction, reconstruction, commissioning, operation and decommissioning of military and defense facilities, weapons and military equipment.
In Chapter 8 The procedure for declaring and establishing the regime of environmental disaster zones is considered. Environmental protection in emergency zones is established by the federal law on the protection of the population and territories from natural and man-made emergencies and other regulatory legal acts of the Russian Federation.
IN Chapter 9 issues of protection of natural objects are considered. To protect natural objects that have special environmental, scientific, historical, cultural, aesthetic, recreational, health and other valuable significance, a special legal regime is established, including the creation of specially protected natural areas. Lands within the boundaries of territories on which natural objects are located that have special environmental, scientific, historical, cultural, aesthetic, recreational, health and other valuable significance and are under special protection are not subject to privatization.
IN chapter 10 The issues of organizing state environmental monitoring were considered. It is carried out in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation in order to monitor the state of the environment, including the state of the environment in the areas where sources of anthropogenic impact are located and the impact of these sources on the environment, as well as in order to meet the needs of the state, legal entities and individuals in reliable information necessary to prevent and (or) reduce the adverse consequences of changes in the state of the environment.
Chapter 11 The federal law “On Environmental Protection” is devoted to environmental control. In the Russian Federation, state, industrial and public control is carried out in the field of environmental protection. State environmental control is carried out by federal executive authorities and executive authorities of the constituent entities of the Russian Federation. In this case, the list of objects subject to federal state environmental control is determined by the Government of the Russian Federation.
Industrial environmental control is carried out in order to ensure the implementation in the process of economic and other activities of measures for environmental protection, rational use and restoration of natural resources, as well as in order to comply with the requirements in the field of environmental protection established by legislation in the field of environmental protection. Enterprises are required to provide information on the organization of industrial environmental control to the relevant executive authority exercising state environmental control. Public environmental control is carried out by public and other non-profit associations in accordance with their charters, as well as by citizens in accordance with the law.
IN chapter 12 The procedure for conducting scientific research in the field of environmental protection, which is carried out by scientific organizations in accordance with the federal law on science and state scientific and technical policy, is considered.
Chapter 13 dedicated to the formation of environmental culture. In order to form an environmental culture and professional training of specialists in the field of environmental protection, the law establishes a system of universal and comprehensive environmental education, which includes preschool and general education, secondary, vocational and higher vocational education, postgraduate vocational education, professional retraining and advanced training of specialists, as well as the dissemination of environmental knowledge, including through the media, museums, libraries, cultural institutions, environmental institutions, sports and tourism organizations. Managers of organizations and specialists responsible for making decisions when carrying out economic and other activities that have or may have a negative impact on the environment must have training in the field of environmental protection and environmental safety.
IN chapter 14 establishes liability for violation of legislation in the field of environmental protection and the procedure for resolving disputes in the field of environmental protection. For violation of legislation in the field of environmental protection, property, disciplinary, administrative and criminal liability is established in accordance with the law.
Thus, economic entities are required to fully compensate for damage to the environment, including projects that have a positive conclusion from the state environmental assessment. Damage to the environment is compensated in accordance with duly approved rates and methods, and in their absence, based on actual costs, taking into account losses incurred, including lost profits. Claims for compensation for environmental damage caused by violation of environmental legislation may be brought within twenty years.
The procedure for limiting, suspending or terminating the activities of legal entities and individuals carried out in violation of environmental legislation has also been changed. If previously supervisory authorities, by their orders, could suspend or terminate the activities of business entities, now demands to limit, suspend or terminate the activities of legal entities and individuals carried out in violation of environmental legislation must be considered by a court or arbitration court.
IN chapter 15 Issues of international cooperation in the field of environmental protection were considered. The Russian Federation carries out international cooperation in the field of environmental protection in accordance with generally accepted principles and norms of international law and international treaties of the Russian Federation in the field of environmental protection.