Federal Law on Environment. Federal Law "On Environmental Protection"

Federal Law on Environment. Federal Law "On Environmental Protection"

In accordance with the Constitution of the Russian Federation, everyone has the right to a favorable environment, everyone is obliged to maintain nature and the environment, carefully refer to natural wealth, which are the basis for the sustainable development, life and activities of peoples living in the Russian Federation.

This Federal Law defines the legal basis for state policy in the field of environmental protection, ensuring a balanced solution of socio-economic problems, the preservation of a favorable environment, biological diversity and natural resources in order to meet the needs of current and future generations, strengthening the law enforcement in the field of environmental protection and ensuring Environmental safety.

This Federal Law regulates relations in the field of interaction of society and nature arising from the implementation of economic and other activities related to the impact on the natural environment as the most important component of the environment, which is the basis of life on Earth, within the territory of the Russian Federation, as well as on the continental shelf and in the exclusive economic zone of the Russian Federation.

Chapter I. General

Article 1. Basic concepts

This federal law uses the following basic concepts:

the environment is a set of components of the natural environment, natural and natural anthropogenic objects, as well as anthropogenic objects;

components of the natural environment - Earth, bowel, soil, surface and groundwater, atmospheric air, vegetable, animal world and other organisms, as well as ozone atmospheric layer and near-earth outer space, ensuring favorable conditions for the existence of life on Earth;

natural object is a natural ecological system, natural landscape and components of their elements that have preserved their natural properties;

the natural-anthropogenic object is a natural object, modified as a result of economic and other activities, and (or) an object created by a person who has the properties of a natural object and having a recreational and protective value;

an anthropogenic object is an object created by a person to ensure its social needs and not possessing the properties of natural objects;

the natural environmental system is an objectively existing part of the natural medium, which has spatially territorial boundaries and in which living (plants, animals and other organisms) and non-residential elements interact as a single functional integer and are interconnected by the exchange of substance and energy;

the natural complex is a complex of functionally and naturally interconnected natural objects united by geographic and other relevant features;

the 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, vegetation formed in unified climatic conditions;

environmental protection - the activities of the state authorities of the Russian Federation, the state authorities of the constituent entities of the Russian Federation, local governments, public and other non-profit associations, legal and individuals aimed at preserving and restoring the natural environment, rational use and reproduction of natural resources, preventing negative the impact of economic and other activities on the environment and the elimination of its consequences (hereinafter also is environmental protection);

the quality of the environment is the state of the environment, which is characterized by physical, chemical, biological and other indicators and (or) their combination;

the favorable environment is the environment, the quality of which ensures the sustainable functioning of natural ecological systems, natural and natural-anthropogenic objects;

negative impact on the environment - the impact of economic and other activities, the consequences of which lead to negative changes in the quality of the environment;

natural resources - the components of the natural environment, natural objects and natural-anthropogenic objects that are used or can be used in the implementation of economic and other activities as sources of energy, products of production and consumption items and have consumer value;

the use of natural resources - the exploitation of natural resources, involving them in the economic turnover, including all types of impact on them in the process of economic and other activities;

environmental pollution - entering the environment and (or) energy, properties, location, or number of which have a negative impact on the environment;

pollutant - substance or mixture of substances, quantity and (or) concentration of which exceeds installed for chemicals, including radioactive, other substances and microorganisms standards and have a negative impact on the environment;

standards in the field of environmental protection (hereinafter also are environmental protection) - established environmental quality standards and standards for permissible effect on it, subject to the sustainable functioning of natural environmental systems and the biological diversity is maintained;

environmental quality standards - standards that are established in accordance with physical, chemical, biological and other indicators to assess the state of the environment and subject to which a favorable environment is provided;

standards of permissible environmental impact - standards that are established in accordance with the impact indicators of economic and other activities on the environment and in which the regulations of the environmental quality are complied;

the standards of permissible anthropogenic load on the environment - standards that are established in accordance with the value of the permissible aggregate effect of all sources on the environment and (or) individual components of the natural environment within specific territories and (or) water management and subject to the sustainable functioning of natural ecological Systems and the biological diversity is maintained;

the standards of permissible emissions and discharges of chemicals, including radioactive, other substances and microorganisms (hereinafter also - the standards of permissible emissions and discharges of substances and microorganisms) - standards that are established for business entities and other activities in accordance with the indicators of chemicals in chemicals, including radioactive, other substances and microorganisms allowed to enter the environment from stationary, mobile and other sources in the prescribed mode and taking into account technological standards, and subject to the compliance with the environmental quality regulations;

technological standard - a standard of permissible emissions and discharges of substances and microorganisms, which is established for stationary, mobile and other sources, technological processes, equipment and reflects the permissible mass of emissions and discharges of substances and microorganisms into the environment per unit of products;

the standards of maximum permissible concentrations of chemicals, including radioactive, other substances and microorganisms (hereinafter also, the standards of extremely permissible concentrations) are standards that are established in accordance with the indicators of the maximum permissible content of chemicals, including radioactive, other substances and microorganisms in the environment and non-compliance with which can lead to environmental pollution, degradation of natural environmental systems;

standards of permissible physical impacts - standards that are established in accordance with the levels of permissible impact of physical factors on the environment and subject to which the environmental quality regulations are provided;

limits for emissions and discharges of pollutants and microorganisms (hereinafter also - limits for emissions and discharges) - limitations of emissions and discharges of pollutants and microorganisms to the environment, established for the period of environmental protection measures, including the introduction of best existing technologies, In order to achieve regulations in the field of environmental protection;

environmental impact assessment is a type of activity to identify, analyze and accounting direct, indirect and other consequences of the environmental impact of the planned economic and other activities in order to make a decision on the possibility or impossibility of its implementation;

environmental Monitoring (Environmental Monitoring) is a comprehensive environmental monitoring system, assessment and forecast of environmental state changes under the influence of natural and anthropogenic factors;

state environmental monitoring (state environmental monitoring) - environmental monitoring, carried out by the state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation;

control in the field of environmental protection (environmental control) - a system of measures aimed at preventing, identifying and stopping a violation of environmental legislation, ensuring compliance with business and other activities, including regulations and regulatory documents, in the field of environmental protection environments;

environmental Requirements (hereinafter also - environmental requirements) - presented to economic and other activities. Mandatory conditions, restrictions or their combination, established by laws, other regulatory legal acts, environmental regulations, state standards and other regulatory documents in the field of environmental protection ;

environmental audit - an independent, comprehensive, documented assessment of compliance with the subject of economic and other activities of requirements, including regulations and regulatory documents, in the field of environmental protection, requirements of international standards and preparation of recommendations for the improvement of such activities;

the best existing technology is a technology based on the latest achievements of science and technology, aimed at reducing the negative impact on the environment and has a prescribed period of practical application, taking into account economic and social factors;

harm to the environment - negative environmental change as a result of its pollution, resulting in the degradation of natural environmental systems and exhausting natural resources;

ecological risk - the likelihood of an occurrence of an adverse effects for the natural environment and caused by the negative impact of economic and other activities, emergency situations of natural and technogenic nature;

environmental safety is the state of protecting the natural environment and the vital interests of a person from the possible negative impact of economic and other activities, emergency situations of natural and technogenic nature, their consequences.

Article 2. Environmental legislation

1. Legislation in the field of environmental protection is based on the Constitution of the Russian Federation and consists of this Federal Law, other federal laws, as well as those taken in accordance with them of other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation.

2. This federal law is valid throughout the Russian Federation.

3. This Federal Law is valid at the continental shelf and in the exclusive economic zone of the Russian Federation in accordance with the norms of international law and federal laws and is aimed at ensuring the conservation of the maritime environment.

4. Relationships arising in the field of environmental protection as the basis of the life and activities of peoples living in the Russian Federation, in order to ensure their rights to a favorable environment, are governed by international treaties of the Russian Federation, this Federal Law, other federal laws and other regulatory legal legal laws. acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation.

5. Relations arising in the field of protection and rational use of natural resources, their preservation and recovery are governed by international treaties of the Russian Federation, land, water, forest legislation, legislation on the depths, animal world, other legislation in the field of environmental protection and environmental management.

6. Relationships arising in the field of environmental protection to the extent necessary to ensure the sanitary and epidemiological well-being of the population are governed by the legislation on the sanitary and epidemiological well-being of the population and legislation on health protection, otherwise aimed at ensuring the environmental environmental legislation.

Article 3. Basic Principles of Environmental Protection

The economic and other activities of the state authorities of the Russian Federation, the state authorities of the constituent entities of the Russian Federation, local governments, legal entities and individuals affecting the environment should be carried out on the basis of the following principles:

compliance with human rights for a favorable environment;

providing favorable human life conditions;

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

protection, reproduction and rational use of natural resources as the necessary conditions for ensuring a favorable environment and environmental safety;

responsibility of state authorities 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 relevant territories;

the data of environmental management and compensation for environmental damage;

independence of environmental control;

the presumption of the environmental hazard of the planned economic and other activities;

the obligation to assess the impact on the environment when making decisions on the implementation of economic and other activities;

the obligation to conduct a state environmental impact assessment of projects and other documentation that substantiate economic and other activities, which can have a negative impact on the environment, to create a threat to life, health and property of citizens;

accounting for the natural and socio-economic features of territories when planning and implementing economic and other activities;

priority to preserve natural ecological systems, natural landscapes and natural complexes;

the permissibility of the impact of economic and other activities on the natural environment based on the requirements in the field of environmental protection;

ensuring reducing the negative impact of economic and other activities on the environment in accordance with the regulations in the field of environmental protection, which can be achieved on the basis of the use of the best existing technologies, taking into account economic and social factors;

the obligation to participate in the environmental protection of the state authorities of the Russian Federation, the state authorities of the constituent entities of the Russian Federation, local governments, public and other non-commercial associations, legal entities and individuals;

preservation of biological diversity;

ensuring integrated and individual approaches to the establishment of environmental requirements for business entities and other activities, carrying out such activities or planning to implement such activities;

prohibition of economic and other activities, the consequences of the impact of which are unpredictable to the environment, as well as projects that can lead to the degradation of natural environmental systems, change and (or) the degradation of the genetic fund of plants, animals and other organisms, the depletion of natural resources and other negative changes environment;

compliance with the right of everyone to obtain reliable information on the state of the environment, as well as the participation of citizens in making decisions regarding their rights to a favorable environment, in accordance with the legislation;

responsibility for violation of environmental legislation;

organization and development of a system of environmental education, education and formation of environmental culture;

participation of citizens, public and other non-commercial associations in solving environmental protection problems;

international cooperation between the Russian Federation in the field of environmental protection.

Article 4. Environmental Protection Objects

1. Objects of environmental protection against pollution, degradation, degradation, damage, destruction and other negative impact of economic and other activities are:
land, bowel, soil;

surface and groundwater;

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

the atmospheric air, the ozone layer of the atmosphere and the near-earth outer space.

2. In priority, natural environmental systems, natural landscapes and natural complexes that are not exposed to anthropogenic effect are subject to protection.

3. Special security objects included in the List of World Cultural Heritage and List of World Natural Heritage, State Natural Reserves, including biosphere, state natural reserves, nature monuments, national, natural and dendrological parks, Botanical Gardens, Medical and Improvement Parks and Resorts, Other Natural Complexes, Natural Habitat, Places of Traditional Accommodation and Economic Activities of the Indigenous Minorial Peoples of the Russian Federation, Objects with special environmental, scientific, historical and cultural, aesthetic, recreational, wellness and other valuable importance, continental shelf and exceptional economic zone Of the Russian Federation, as well as rare or threatened soil disappearance, forests and other vegetation, animals and other organisms and their habitats.

Chapter II. Basics of Environmental Management

Article 5. Powers of the state authorities of the Russian Federation in the field of environmental relations

The powers of the state authorities of the Russian Federation in the field of environmental relations related to:

ensuring a federal policy in the field of environmental development of the Russian Federation;

development and publication of federal laws and other regulatory legal acts in the field of environmental protection and control over their application;

development, approval and ensuring the implementation of federal programs in the field of environmental development of the Russian Federation;

announcement and establishment of legal status and regime of environmental disaster zones in the territory of the Russian Federation;

coordination and implementation of environmental protection measures in environmental disaster zones;

the establishment of the procedure for the implementation of state monitoring of the environment (state environmental monitoring), the formation of a state system of observation of environmental observations and ensuring the functioning of such a system;

the establishment of the procedure for the implementation of state control in the field of environmental protection, including objects of economic and other activities, regardless of the forms of ownership, under the jurisdiction of the Russian Federation, facilities that promote cross-border environmental pollution and have a negative impact on the environment within the territories of two and more constituent entities of the Russian Federation (federal state environmental control);

establishing federal executive bodies exercising public administration in the field of environmental protection;

ensuring environmental protection, including the maritime environment on the continental shelf and in the exclusive economic zone of the Russian Federation;

establishing the procedure for handling radioactive waste and hazardous waste, control over the provision of radiation safety;

preparation and dissemination of the annual state report on the status and environmental protection;

establishment of environmental protection requirements, development and approval of standards, state standards and other regulatory documents in the field of environmental protection;

establishment of the procedure for determining the amount of fees for emissions and discharges of pollutants into the environment, waste placement and other types of negative environmental impact;

organization and conduct of state environmental impact assessment;

interaction with the constituent entities of the Russian Federation on Environmental Protection;

the establishment of the procedure for restrictions, suspension and prohibition of economic and other activities carried out with violation of legislation in the field of environmental protection and their implementation;

organization and development of a system of environmental education, the formation of an environmental culture;

ensuring the population with reliable information about the state of the environment;

the formation of specially protected natural territories of the federal significance, natural objects of the World Heritage, the management of the natural-protected fund, maintaining the Red Book of the Russian Federation;

maintaining state accounting of objects that have a negative impact on the environment and their classification, depending on the level and volume of negative impact on the environment;

conducting state accounting of specially protected natural territories, including natural complexes and objects, as well as natural resources, taking into account their environmental significance;

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

economic assessment of natural and natural and anthropogenic objects;

establishment of the procedure for licensing certain types of activities in the field of environmental protection and its implementation;

implementation of international cooperation between the Russian Federation in the field of environmental protection;

implementation of other regulatory legal acts of the Russian Federation provided for by federal laws and other regulatory legal acts.

Article 6. Powers of the state authorities of the constituent entities of the Russian Federation in the field of environmental relations

The powers of the state authorities of the constituent entities of the Russian Federation in the field of environmental protection relations include:

determination of the main areas of environmental protection in the territories of the constituent entities of the Russian Federation, taking into account the geographical, natural, socio-economic and other features of the constituent entities of the Russian Federation;

participation in the development of federal policies in the field of environmental development of the Russian Federation and the relevant programs;

implementation of federal policies in the field of environmental development of the Russian Federation in the territories of the constituent entities of the Russian Federation, taking into account their geographical, natural, socio-economic and other features;

development and publication of laws and other regulatory legal acts of the constituent entities of the Russian Federation in the field of environmental protection, taking into account the geographical, natural, socio-economic and other features of the constituent entities of the Russian Federation, control over their execution;

development and approval of standards, state standards and other regulatory documents in the field of environmental protection, containing relevant requirements, norms and rules not lower than those established at the federal level;

development, approval and implementation of target programs in the field of environmental protection of constituent entities of the Russian Federation;

the implementation of environmental and other measures to improve the state of the environment in environmental disaster zones in the territories of the constituent entities of the Russian Federation;

organization and implementation in the manner prescribed by the legislation of the Russian Federation, state monitoring of the environment (state environmental monitoring), the formation and ensuring the functioning of territorial systems of environmental observation in the territories of the constituent entities of the Russian Federation;

state control in the field of environmental protection (state environmental control) for objects of economic and other activities, regardless of the forms of ownership, located in the territories of the constituent entities of the Russian Federation, with the exception of objects of economic and other activities subject to federal state environmental control;

economic assessment of the environmental impact of economic and other activities;

attracting guilty persons to administrative and other types of responsibility;

presentation of claims for compensation for harm to the environment caused by violation of environmental legislation;

the formation of specially protected natural territories of regional importance, management and control in the field of protection and use of such territories;

organization and development of a system of environmental education and the formation of environmental culture in the territories of constituent entities of the Russian Federation;

restriction, suspension and (or) prohibition of economic and other activities carried out with violation of legislation in the field of environmental protection, within its powers in the territories of the constituent entities of the Russian Federation;

ensuring the population with reliable information on the state of the environment in the territories of the constituent entities of the Russian Federation;

keeping accounting for objects and sources of negative environmental impact in the territories of the constituent entities of the Russian Federation;

maintaining the Red Book of the Subject of the Russian Federation;

exercising environmental certification;

regulation of other issues in the field of environmental protection within their powers.

Article 7. Powers of local self-government bodies in the field of environmental relations

The powers of local governments in the field of environmental relations are determined in accordance with federal laws.

Article 8. Executive authorities, carrying out state-owned environmental management

1. State environmental management is carried out by federal executive authorities authorized in the manner established by the Constitution of the Russian Federation and the Federal Constitutional Law "On the Government of the Russian Federation".

2. The state authorities of the constituent entities of the Russian Federation, carrying out public administration in the field of environmental protection, are determined by the constituent entities of the Russian Federation.

Article 9. Differentiation of powers in the field of environmental relations between the state authorities of the Russian Federation and the state authorities of the constituent entities of the Russian Federation

1. The delimitation of powers in the field of environmental relations between the state authorities of the Russian Federation and the state authorities of the constituent entities of the Russian Federation is carried out by the Constitution of the Russian Federation and federal laws, as well as agreements on the delimitation of items and powers between the state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation.

2. Agreements between the federal executive bodies and the executive authorities of the constituent entities of the Russian Federation on the transfer of part of the authority in the field of environmental protection relations, including in the field of state environmental impact assessment of facilities subject to mandatory state environmental impact assessment at the level of subjects The Russian Federation is concluded in accordance with the Constitution of the Russian Federation and federal laws.

Article 10. Management in the field of environmental protection carried out by local governments

Management in the field of environmental protection is carried out by local governments in accordance with this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, the charters of municipalities and regulatory legal acts of local authorities.

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

Article 11. Rights and obligations of citizens in the field of environmental protection

1. Each citizen has the right to a favorable environment, to protect against the negative impact caused by economic and other activities, emergency situations of natural and technogenic nature, on reliable information about the state of the environment and compensation for harm to the environment.

2. Citizens are entitled:

create public associations, funds and other non-profit organizations operating in the field of environmental protection;

to send appeals to the state authorities of the Russian Federation, the state authorities of the constituent entities of the Russian Federation, local governments, other organizations and officials on obtaining timely, full and reliable information on the state of the environment in places of their stay, measures for its protection;

take part in meetings, rallies, demonstrations, processions and picketing, collecting signatures under petitions, referendums on environmental issues and in other non-contrary to the legislation of the Russian Federation shares;

put forward proposals for a public environmental impact assessment and participate in its implementation in the prescribed manner;

contact the state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation, local governments and other organizations with complaints, statements and proposals on issues related to environmental protection, negative impact on the environment, and receive timely and reasonable answers;

3. Citizens are required:

maintain nature and the environment;

take care of nature and natural wealth;

comply with other requirements of legislation.

Article 12. Rights and obligations of public and other non-commercial associations engaged in environmental activities

1. Public and other non-commercial associations operating in the field of environmental protection are entitled to:

develop, promote and implement in the established manner of the Program in the field of environmental protection, to protect the rights and legitimate interests of citizens in the field of environmental protection, to involve citizens on a voluntary basis to carry out activities in the field of environmental protection;

at the expense of own and attracted funds to carry out and promote activities in the field of environmental protection, reproduction of natural resources, and environmental safety;

assist the state authorities of the Russian Federation, the state authorities of the constituent entities of the Russian Federation, local governments in solving environmental issues;

organize meetings, rallies, demonstrations, processions and picketing, collecting signatures under petitions and take part in these events in accordance with the legislation of the Russian Federation, to make proposals for referenda on environmental issues and discussing projects related to environmental protection;

apply to the state authorities of the Russian Federation, the state authorities of the constituent entities of the Russian Federation, local government bodies, other organizations and officials on obtaining timely, full and reliable information on the state of the environment, on measures to protect it, about the circumstances and the facts of economic and other activities that create a threat to the environment, life, health and property of citizens;

participate in the prescribed manner in the adoption of economic and other solutions, the implementation of which can have a negative impact on the environment, life, health and property of citizens;

apply to state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local governments and other organizations with complaints, statements, claims and proposals on issues related to environmental protection, negative environmental impact, and receive timely and reasonable answers;

organize and conduct in the prescribed manner of the study on the design, placement of facilities, the economic and other activities of which can harm the environment, to create a threat to life, health and property of citizens;

organize and implement public environmental expertise in the prescribed manner;

submit to state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local governments, the court of conversion to the abolition of decisions on the design, placement, construction, reconstruction, on the operation of objects, economic and other activities of which can have a negative impact on the environment, on restriction, on suspension and termination of economic and other activities that have a negative impact on the environment;

make in court an article on compensation for harm to the environment;

implement the other rights provided for by law.

2. Public and other non-commercial associations in the implementation of environmental protection activities are obliged to comply with environmental requirements.

Article 13. The system of state measures to ensure the rights to a favorable environment

1. The state authorities of the Russian Federation, the state authorities of the constituent entities of the Russian Federation, local governments and officials are obliged to assist citizens, social and other non-commercial associations in the implementation of their rights in the field of environmental protection.

2. When placing objects, the economic and other activities of which can cause harm to the environment, the decision to accommodate them is made taking into account the opinion of the population or the results of the referendum.

3. Officials that prevent citizens, public and other non-commercial associations in the implementation of environmental protection activities, the implementation of their rights provided for by this Federal Law and other federal laws, other regulatory legal acts of the Russian Federation, are involved in the prescribed manner.

Chapter IV. Economic regulation in the field of environmental protection

Article 14. Methods of economic regulation in the field of environmental protection

The methods of economic regulation in the field of environmental protection include:

development of government forecasts of socio-economic development based on environmental forecasts;

development of federal programs in the field of environmental development of the Russian Federation and targeted programs in the field of environmental protection of constituent entities of the Russian Federation;

development and conduct of environmental protection measures in order to prevent harm environmental;

establishing a fee for negative impact on the environment;

establishing limits for emissions and discharges of pollutants and microorganisms, limits for placing waste production and consumption and other types of negative environmental impact;

carrying out the economic assessment of natural objects and natural-anthropogenic objects;

carrying out the economic assessment of the impact of economic and other activities on the environment;

the provision of tax and other benefits in the introduction of the best existing technologies, non-traditional energy types, the use of secondary resources and waste processing, as well as in other effective environmental measures in accordance with the legislation of the Russian Federation;

support of entrepreneurial, innovative and other activities (including environmental insurance) aimed at environmental protection;

compensation in the prescribed manner of harm to the environment;

other methods of economic regulation on improving and efficient environmental protection.

Article 15. Federal programs in the field of environmental development of the Russian Federation, targeted environmental protection programs of the constituent entities of the Environment and Environmental Activities

1. In order to plan, develop and implement environmental protection measures, federal programs in the field of environmental development of the Russian Federation and targeted programs in the field of environmental protection of the constituent entities of the Russian Federation are being developed.

The procedure for the development, financing and implementation of federal programs in the field of environmental development of the Russian Federation is established in accordance with the legislation of the Russian Federation.

The procedure for the development, financing and implementation of targeted environmental protection programs of the constituent entities of the Russian Federation is established in accordance with the legislation of the constituent entities of the Russian Federation.

2. The development of federal programs in the field of environmental development of the Russian Federation and targeted programs in the field of environmental protection of constituent entities of the Russian Federation is carried out taking into account the proposals of citizens and public associations.

3. Planning and developing measures for environmental protection are carried out taking into account government forecasts of socio-economic development, federal programs in the field of environmental development of the Russian Federation, targeted environmental protection programs of the constituent entities of the Russian Federation on the basis of scientific research aimed at solving problems in the field of Environmental protection.

4. Legal entities and individual entrepreneurs carrying out economic and other activities that have a negative impact on the environment are required to plan, develop and implement environmental protection measures in the manner prescribed by law.

Article 16. Fee for negative impact on the environment

1. Negative environmental impact is paid.

Forms for the negative impact on the environment are determined by federal laws.

2. To the species of negative impact on the environment include:

emissions into atmospheric air pollutants and other substances;

discharges of pollutants, other substances and microorganisms in surface water bodies, underground water objects and waterborne areas;

contamination of subsoil, soil;

placing production and consumption waste;

environmental pollution by noise, heat, electromagnetic, ionizing and other types of physical impacts;

other types of negative environmental impact.

3. The procedure for calculating and challenge the fee for the negative impact on the environment is established by the legislation of the Russian Federation.

4. Making a fee defined by clause 1 of this article does not exempt business entities and other activities from implementing environmental protection measures and compensation for harm to the environment.

Article 17. Business activities carried out in order to protect the environment

1. Entrepreneurial activities carried out in the goal of environmental protection is supported by the state.

2. State support for entrepreneurial activities carried out in order to protect the environment is carried out by establishing tax and other benefits in accordance with the legislation.

Article 18. Environmental Insurance

1. Environmental insurance is carried out in order to protect property interests of legal entities and individuals in case of environmental risks.

2. A mandatory state environmental insurance can be carried out in the Russian Federation.

3. Environmental insurance in the Russian Federation is carried out in accordance with the legislation of the Russian Federation.

CHAPTER V. Normation in the field of environmental protection

Article 19. Fundamentals of environmental provisions

1. Normation in the field of environmental protection is carried out in order to state the impact of economic and other activities on the environment, guarantees the preservation of a favorable environment and ensuring environmental safety.

2. Environmental protection is to establish environmental quality standards, the standards of permissible environmental impact in the implementation of economic and other activities, other standards in the field of environmental protection, as well as state standards and other regulatory documents in the field of environmental protection. .

3. Standards and regulatory documents in the field of environmental protection are developed, approved and put into effect on the basis of modern achievements of science and technology, taking into account international rules and standards in the field of environmental protection.
Normation in the field of environmental protection is carried out in the manner prescribed by the Government of the Russian Federation.

Article 20. Requirements for the development of environmental regulations

Development of standards in the field of environmental protection includes:

conducting research work on the substantiation of environmental regulations;

establishment of the basis of the development or revision of standards in the field of environmental protection;

monitoring the application and compliance with environmental regulations;

formation and maintenance of a single information database of regulations in the field of environmental protection;

evaluation and forecasting of the environmental, social, economic consequences of the application of regulations in the field of environmental protection.

Article 21. Environmental Quality Regulations

1. Environmental quality standards are established to assess the state of the environment in order to preserve natural environmental systems, a genetic plant of plants, animals and other organisms.

2. To environmental quality standards include:

standards established in accordance with the chemical indicators of the state of the environment, including the standards of maximum permissible concentrations of chemicals, including radioactive substances;

standards established in accordance with the physical indicators of the environment of the environment, including with indicators of radioactivity and heat levels;

standards established in accordance with the biological indicators of the environment of the environment, including species and groups of plants, animals and other organisms used as environmental indicators, as well as the standards of maximum permissible concentrations of microorganisms;

other environmental quality standards.

3. When establishing environmental quality standards, natural features of territories and water areas are taken into account, the appointment of natural objects and natural anthropogenic facilities, especially protected areas, including specially protected natural territories, as well as natural landscapes that have a special environmental value.

Article 22. Standards of permissible environmental impact

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

standards for permissible emissions and discharges of substances and microorganisms;

standards for the formation of waste production and consumption and limits on their placement;

standards for permissible physical effects (the amount of heat, noise levels, vibration, ionizing radiation, electromagnetic fields and other physical influences);
standards for the permissible seizure of the components of the natural environment;

standards for admissible anthropogenic data on the environment;

standards of other permissible environmental impact in the implementation of economic and other activities established by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation in order to protect the environment.

2. Standards of permissible environmental impact should ensure compliance with environmental quality standards, taking into account the natural features of territories and water areas.

3. For the exception of the established standards for the permissible impact on the environment, entities of economic and other activities, depending on the harm caused by the environment, are responsible in accordance with the legislation.

Article 23. Standards of permissible emissions and discharges of substances and microorganisms

1. The standards of permissible emissions and discharges of substances and microorganisms are established for stationary, mobile and other sources of environmental impact by entities of economic and other activities based on the standards of admissible anthropogenic workload on the environment, environmental quality standards, as well as technological standards.

2. Technological standards are established for stationary, mobile and other sources based on the use of best existing technologies, taking into account economic and social factors.

3. If it is impossible to comply with the standards for permissible emissions and discharges of substances and microorganisms, limits on emissions and discharges based on permits operating only during the period of environmental protection measures, the introduction of best existing technologies and (or) the implementation of other environmental projects, taking into account the phased Achievements of established standards for permissible emissions and discharges of substances and microorganisms.

The establishment of emission limits and discharges is allowed only if there are plans for reducing emissions and discharges agreed with the executive bodies carrying out public administration in the field of environmental protection.

4. Emissions and discharges of chemicals, including radioactive, other substances and microorganisms to the environment within the established standards for permissible emissions and discharges of substances and microorganisms, emission limits and discharges are allowed on the basis of permits issued by the executive authorities carrying out public administration in the field of environmental protection.

Article 24. Regulations for the formation of production and consumption waste and limits for their placement

Standards for the formation of production and consumption and the limits on their placement are established in order to prevent their negative impact on the environment in accordance with the legislation.

Article 25. Standards of permissible physical impacts on the environment

The standards of permissible physical environmental impacts are established for each source of such an impact on the basis of the standards of admissible anthropogenic load on the environment, environmental quality standards and taking into account the influence of other sources of physical impact.

Article 26. Standards of the permissible seizure of the components of the natural environment

1. Standards of permissible withdrawal of the components of the natural environment - standards established in accordance with the limitations of their exemptions in order to preserve natural and natural anthropogenic facilities, ensuring the sustainable functioning of natural environmental systems and prevent their degradation.

2. The standards of admissible withdrawal of the components of the natural environment and the procedure for their establishment are determined by the legislation on subsoil, land, water, forest legislation, the legislation on the animal world and other legislation in the field of environmental protection, environmental management and in accordance with environmental requirements, security and reproduction of certain types of natural resources established by this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation in the field of environmental protection.

Article 27. Standards permissible anthropogenic environmental load

1. The standards of permissible anthropogenic data on the environment are established for business entities and other activities in order to evaluate and regulate the impact of all stationary, mobile and other sources of environmental impact, located within specific territories and (or) water management.

2. The standards of permissible anthropogenic load on the environment are established for each type of impact of economic and other activities on the environment and the aggregate effects of all sources that are in these territories and (or) water territories.

3. When establishing standards for permissible anthropogenic load on the environment, the natural features of specific territories and (or) water management are taken into account.

Article 28. Other environmental regulations

In order to state the impact of economic and other environmental activities, environmental quality assessments in accordance with this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation may establish other standards in the field of Environmental protection.

Article 29. Government Standards and other regulatory documents in the field of environmental protection

1. State standards and other regulatory documents in the field of environmental protection are established:

requirements, norms and rules in the field of environmental protection to products, work, services and related control methods;

restrictions on economic and other activities in order to prevent its negative impact on the environment;

the procedure for organizing activities in the field of environmental protection and management of such activities.

2. State standards and other regulatory documents in the field of environmental protection are developed taking into account the scientific and technical achievements and requirements of international rules and standards.

3. In state standards for new equipment, technologies, materials, substances and other products, technological processes, storage, transportation, the use of such products, including after its transition to the category of production and consumption waste, requirements, norms and rules in Environmental Protection Areas.

Article 30. Licensing of individual activities in the field of environmental protection

1. Separate activities in the field of environmental protection are subject to licensing.

2. The list of individual activities in the field of environmental protection subject to licensing is established by federal laws.

Article 31. Environmental Certification

1. Environmental certification is carried out in order to ensure environmentally safe exercise of economic and other activities in the territory of the Russian Federation.

2. Environmental certification may be mandatory or voluntary.

3. Mandatory environmental certification is carried out in the manner determined by the Government of the Russian Federation.

Chapter VI. Environmental Impact Assessment and Environmental Expertise

Article 32. Conducting environmental impact assessment

1. Evaluation of environmental impact is carried out in relation to the planned economic and other activities, which can provide direct or indirect impact on the environment, regardless of the organizational and legal forms of ownership of business entities and other activities.

2. Evaluation of environmental impact 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 of public associations.

3. Requirements for environmental impact assessment materials are established by federal executive bodies carrying out public administration in the field of environmental protection.

Article 33. Environmental Expertise

1. Environmental expertise is carried out in order to establish compliance with the planned economic and other activities in the field of environmental protection.

2. The procedure for conducting an environmental impact assessment is established by the Federal Law on Environmental Expertise.

Chapter VII. Environmental Protection Requirements for Economic and Other Activities

Article 34. General requirements in the field of environmental protection in placement, design, construction, reconstruction, commissioning, operation, conservation and liquidation of buildings, buildings, structures and other objects

1. Accommodation, design, construction, reconstruction, commissioning, operation, conservation and liquidation of buildings, buildings, structures and other objects that provide direct or indirect negative environmental impact are carried out in accordance with the requirements in the field of environmental protection. At the same time, measures should be provided for environmental protection, the restoration of the natural environment, rational use and reproduction of natural resources, and environmental safety.

2. Violation of environmental requirements entails the suspension of the placement, design, construction, reconstruction, commissioning, operation, conservation and liquidation of buildings, buildings, structures and other objects on the prescriptions of the executive bodies exercising public administration in the field of protection Environment.

3. Termination in full placement, design, construction, reconstruction, commissioning, operation, conservation and liquidation of buildings, buildings, structures and other facilities in violation of environmental protection requirements is carried out on the basis of a court decision and (or) of the Arbitration Court .

Article 35. Requirements in the field of environmental protection when placing buildings, buildings, structures and other objects

1. When placing buildings, buildings, structures and other facilities, the requirements for environmental protection, the restoration of the natural environment, rational use and reproduction of natural resources, ensuring environmental safety, taking into account the nearest and remote environmental, economic, demographic and other consequences operation of these facilities and compliance with the priority of preserving a favorable environment, biological diversity, rational use and reproduction of natural resources.

2. The choice of places of placement of buildings, buildings, structures and other objects is carried out in compliance with the requirements of the legislation in the presence of a positive conclusion of state environmental impact assessment.

3. In cases where the placement of buildings, buildings, structures and other objects affects the legitimate interests of citizens, the decision is made taking into account the results of referendums carried out in the respective territories.

Article 36. Environmental Protection Requirements in the design of buildings, buildings, structures and other objects

1. When designing buildings, buildings, structures and other facilities, the standards for the permissible anthropogenic workload on the environment should be taken into account, measures to prevent and eliminate environmental pollution, as well as methods for placing production and consumption waste, resource-saving, low-waste, waste-free and other best Existing technologies that promote environmental protection, environmental restoration, rational use and reproduction of natural resources.

2. It is prohibited to change the cost of design work and approved projects by exclusion from such work and projects of planned activities for environmental protection in the design of construction, reconstruction, technical re-equipment, conservation and liquidation of buildings, buildings, structures and other objects.

3. Projects for which there are no positive conclusions of state environmental impact assessment, the approval is not subject to, and work on their implementation is prohibited.

Article 37. Requirements in the field of environmental protection in the construction and reconstruction of buildings, buildings, structures and other objects

1. Construction and reconstruction of buildings, buildings, structures and other facilities should be carried out on approved projects that have positive conclusions of state environmental impact assessment, in compliance with environmental protection requirements, as well as sanitary and construction requirements, norms and rules.

2. The construction and reconstruction of buildings, buildings, structures and other facilities is prohibited before approving projects and to remove land plots in kind, as well as a change in approved projects to the detriment of environmental requirements.

3. In carrying out the construction and reconstruction of buildings, buildings, structures and other facilities, measures are taken to protect the environment, restoration of the natural environment, land reclamation, landscaping of territories in accordance with the legislation of the Russian Federation.

Article 38. Requirements for environmental protection in the commissioning of buildings, buildings, structures and other objects

1. Commissioning of buildings, buildings, structures and other facilities is carried out under the condition of fulfillment of the environmental protection requirements provided for by projects, and in accordance with the acts of commissions on the acceptance of buildings, structures, structures and other objects in The composition of which includes representatives of federal executive bodies exercising public administration in the field of environmental protection.

2. It is prohibited to commission buildings, buildings, structures and other facilities that are not equipped with technical means and technologies for neutralizing and safe placement of waste and consumption, disposal of emissions and discharge of pollutants that ensure the implementation of the established requirements for environmental protection. It is also prohibited to commission objects that are not equipped with environmental pollution controls, without the completion of work provided for by projects, the restoration of the environment, land reclamation, landscaping in accordance with the legislation of the Russian Federation.

3. The heads and members of the commission of the acceptance of buildings, buildings, structures and other facilities are carried in accordance with the legislation of the Russian Federation administrative and other responsibility for the acceptance of buildings, structures, structures and other non-environmental legislation requirements of objects .

Article 39. Requirements in the field of environmental protection during operation and conclusion from the operation of buildings, buildings, structures and other objects

1. Legal and individuals operating buildings, buildings, structures and other facilities are obliged to comply with the approved technologies and environmental requirements, the restoration of the natural environment, rational use and reproduction of natural resources.

2. Legal and individuals operating buildings, buildings, structures and other facilities ensure compliance with environmental quality standards based on the use of technical equipment and technologies of disposal and safe placement of production and consumption waste, disposal of emissions and discharge of pollutants, as well as other The best existing technologies ensuring the implementation of environmental requirements, measures to restore the natural environment, land reclamation, landscaping of territories in accordance with the legislation.

3. The conclusion from the operation of buildings, buildings, structures and other objects is carried out in accordance with the legislation in the field of environmental protection and in the presence of project documentation approved in the prescribed manner.

4. In the conclusion from the operation of buildings, buildings, structures and other objects, measures should be developed and implemented to restore environmental restoration, including the reproduction of the components of the natural environment, in order to ensure a favorable environment.

5. Repacking the functions of buildings, buildings, structures and other objects is carried out in coordination with the executive bodies carrying out public administration in the field of environmental protection.

Article 40. Environmental Protection Requirements for Placement, Design, Construction, Reconstruction, Commissioning and Operations of Energy Objects

1. Placement, design, construction and operation of energy facilities are carried out in accordance with the requirements of Articles 34 - 39 of this Federal Law.

2. In the design and construction of thermal power plants, their equipment should be provided with highly efficient means of cleaning emissions and discharges of pollutants, the use of environmentally friendly fuels and safe placement of production waste.

3. When placing, designing, construction, reconstruction, the commissioning and operation of hydroelectric power plants should take into account the real requirements for the electrical energy of the respective regions, as well as the features of land reliefs.

When placing these objects, measures should be provided for the preservation of water bodies, waterborne areas, water biological resources, lands, soils, forests and other vegetation, biological diversity, ensuring the sustainable functioning of natural environmental systems, the preservation of natural landscapes, especially protected natural areas and nature monuments, As well as measures for the timely disposal of wood and the fertile layer of soil when clearing and flooding the beds of reservoirs and other necessary measures to prevent negative changes in the natural environment, the preservation of the water regime that ensures the most favorable conditions for the reproduction of water biological resources.

4. When placing, designing, construction, commissioning and operation of nuclear installations, including nuclear power plants, environmental protection should be ensured from the radiation impact of such installations, comply with the established procedure and regulations for the implementation of the technological process, the requirements of federal executive authorities authorized by Implementing state supervision and control in the field of radiation safety, as well as government safety regulation using atomic energy, measures to ensure complete radiation safety of the environment and population in accordance with the legislation of the Russian Federation and the generally accepted principles and norms of international law, prepare and maintaining the qualifications of nuclear facilities.

5. Placement of nuclear installations, including nuclear power plants, is carried out if there are positive conclusions and other state experts on projects and other substantive materials, provided for by the legislation of the Russian Federation and confirm the environmental and radiation safety of nuclear facilities.

6. Projects for the placement of nuclear installations, including nuclear power plants, should contain solutions that ensure safe conclusion from operation.

Article 41. Requirements for environmental protection in placement, design, construction, reconstruction, commissioning, operation and conclusion from the operation of military and defense facilities, weapons and military equipment

1. Requirements in the field of environmental protection imposed on the placement, design, construction, reconstruction, commissioning, operation and conclusion from the operation of buildings, buildings, structures and other objects, fully apply to military and defense facilities, weapons and military Technology, with the exception of emergency situations that impede compliance with environmental requirements.

2. A list of emergency situations that prevent compliance with environmental protection requirements for placing, designing, construction, reconstruction, commissioning, operation and conclusion from the operation of military and defense facilities, weapons and military equipment is determined by the legislation of the Russian Federation.

Article 42. Requirements in the field of environmental protection during the operation of agricultural facilities

1. During the operation of agricultural facilities, environmental protection requirements must be respected, measures for the protection of land, soils, water bodies, plants, animals and other organisms from the negative impact of economic and other activities on the environment.

2. Agricultural organizations carrying out the production, preparation and processing of agricultural products, other agricultural organizations in carrying out their activities should comply with the environmental requirements.

3. Agricultural facilities should have the necessary sanitary and protection zones and wastewater treatment plants that exclude soil pollution, surface and groundwater, water-grades and atmospheric air.

Article 43. Requirements for environmental protection during land reclamation, placement, design, construction, reconstruction, commissioning and operation of landlord systems and separately located hydraulic structures

In the implementation of land reconnaissance, placement, design, construction, reconstruction, commissioning and operation of landlocative systems and separately located hydraulic structures, measures should be taken to ensure water balance and the economical use of water, land protection, soils, forests and other vegetation, animals and other Organisms, as well as the prevention of other negative impact on the environment in the implementation of landlore events. Land alaroration should not lead to a deterioration in the state of the environment, violate the sustainable functioning of natural environmental systems.

Article 44. Requirements for environmental protection during placement, design, construction, reconstruction of urban and rural settlements

1. When placing, designing, construction, the reconstruction of urban and rural settlements, environmental protection requirements must be observed, providing a favorable environment for human life, as well as for habitat of plants, animals and other organisms, sustainable functioning of natural environmental systems.

Buildings, buildings, structures and other facilities should be placed taking into account the requirements in the field of environmental protection, sanitary and hygienic standards and urban planning requirements.

2. When planning and building urban and rural settlements, environmental protection requirements must be respected, measures to sanitation, neutralizing and safely placing production waste and consumption, compliance with the standards of permissible emissions and discharges of substances and microorganisms, as well as to restore the natural environment , land reclamation, landscaping of territories and other measures to ensure environmental protection and environmental safety in accordance with legislation.

3. In order to protect the environment of urban and rural settlements, protective and security zones are created, including sanitary protection zones, landscaped areas, green zones, including forest parking areas and other seized from intensive economic use of protective and security zones with limited regime Natural Management.

Article 45. Requirements in the field of environmental protection in the production and operation of automotive and other vehicles

1. Manufacture of automotive and other vehicles should be carried out in accordance with the requirements in the field of environmental protection.

2. Legal and individuals carrying out the operation of automobile and other providing negative impact on the environment of vehicles are obliged to comply with the standards of permissible emissions and discharges of substances and microorganisms, as well as take measures to neutralize pollutants, including their neutralization, noise reduction. and other negative impact on the environment.

3. Relations in the field of production and operation of automotive and other vehicles are regulated by law.

Article 46. Requirements for environmental protection in placement, design, construction, reconstruction, commissioning and operation of oil and gas production facilities, objects of processing, transportation, storage and sale of oil, gas and products of their processes

1. Accommodation, design, construction, reconstruction, commissioning and operation of oil and gas production facilities, objects of processing, transportation, storage and sale of oil, gas and processing products should be carried out in accordance with the requirements established by legislation in the field of environmental protection.

2. When placing, designing, construction, reconstruction, commissioning and operation of oil and gas production facilities, objects of processing, transportation, storage and sale of oil, gas and their processing products should be provided for effective measures for cleaning and disposal of waste production and collection of oil (associated ) Gas and mineralized water, reclamation of disturbed and contaminated lands, reduce the negative impact on the environment, as well as to reimburse the environment caused during the construction and operation of these objects.

3. Construction and operation of oil and gas production facilities, objects of processing, transportation, storage and sale of oil, gas and products of their processing are allowed in the presence of projects for the restoration of polluted lands in the areas of temporary and (or) permanent decoration of land, positive conclusions of state environmental impact assessment and other established The legislation of state expertise, financial guarantees for the implementation of such projects.

4. Construction and operation of oil and gas production facilities, objects of processing, transportation and storage of oil and gas located in water areas, on the continental shelf and in the exclusive economic zone of the Russian Federation are allowed if there are positive conclusions of state environmental impact assessment and other state expertise established by the legislation After restoring contaminated lands.

Article 47. Requirements for environmental protection in the production, treatment and disposal of potentially hazardous chemicals, including radioactive, other substances and microorganisms

1. The production and treatment of potentially hazardous chemicals, including radioactive, other substances and microorganisms, is allowed in the territory of the Russian Federation after carrying out the necessary toxico-hygienic and toxicological studies of these substances, the establishment of the procedure for circulation, environmental standards and state registration of these substances in accordance with the legislation of the Russian Federation.

2. The neutralization of potentially hazardous chemical and biological substances is carried out in the presence of project and technological documentation agreed in the prescribed manner in accordance with the legislation.

Article 48. Requirements for environmental protection when using radioactive substances and nuclear materials

1. Legal and individuals are obliged to comply with the rules for the production, storage, transportation, use, disposal of radioactive substances (sources of ionizing radiation) and nuclear materials, not allowing the established maximum permissible standards for ionizing radiation, and in case of exceeding their exceeds, immediately inform the executive authorities in Radiation security areas on elevated levels of radiation hazardous to the environment and human health take measures to eliminate the foci of radiation pollution.

2. Legal and individuals that do not comply with the compliance with the rules for the treatment of radioactive substances and nuclear materials, as well as radioactive waste, are responsible in accordance with the legislation of the Russian Federation.

3. Imports to the Russian Federation of radioactive waste and nuclear materials from foreign countries in order to store or burial, as well as flooding, dispatch for the disposal of the outer space of radioactive waste and nuclear materials are prohibited, except in cases established by this Federal Law.

4. Imports to the Russian Federation from foreign countries of irradiated fuel assemblies of nuclear reactors for the implementation of temporary technological storage and (or) their processing is permitted if state environmental expertise and other state experts of the relevant project provided for by the legislation of the Russian Federation are justified by the overall risk reduction radiation impact and increasing the level of environmental safety as a result of the implementation of the relevant project.

Imports to the Russian Federation of irradiated fuel assemblies of nuclear reactors is carried out on the basis of international treaties of the Russian Federation.

The procedure for entering into the Russian Federation of irradiated fuel assemblies of nuclear reactors is established by the Government of the Russian Federation on the basis of the basic principles of ensuring the non-proliferation of nuclear weapons, environmental protection and economic interests of the Russian Federation, taking into account the priority of the right to return the radioactive waste formed after processing into the state of the origin of nuclear materials, or to ensure their return.

Article 49. Requirements for environmental protection when using chemicals in agriculture and forestry

1. Legal and individuals are obliged to carry out the rules for the production, storage, transportation and use of chemicals used in agriculture and forestry, environmental requirements, as well as take measures to prevent the negative impact of economic and other activities and eliminate harmful effects. To ensure the quality of the environment, the sustainable functioning of natural environmental systems and the preservation of natural landscapes in accordance with the legislation of the Russian Federation.

Article 50. Environmental protection against negative biological impact

1. Prohibited Production, breeding and use of plants, animals and other organisms that are not characteristic of natural environmental systems, as well as created by artificially, without the development of effective measures to prevent their uncontrollable reproduction, the positive conclusion of state environmental impact assessment, the permission of the federal executive authorities exercising State Department of Environmental Protection, other federal executive bodies in accordance with their competence and legislation of the Russian Federation.

2. When placing, designing, construction, reconstruction, commissioning, operation and conclusion from the use of hazardous production facilities, the use of technologies related to the negative impact of microorganisms to the environment should be respected by the requirements for environmental protection, environmental standards, including Regulations of the maximum permissible concentrations of microorganisms, state standards and other regulatory documents in the field of environmental protection.

3. Legal and individuals carrying out activities related to the possibility of the negative impact of microorganisms to the environment are required to provide environmentally safe production, transportation, use, storage, accommodation and disposal of microorganisms, develop and implement measures to prevent accidents and disasters, prevention and liquidation The consequences of the negative impact of microorganisms on the environment.

Article 51. Requirements in the field of environmental protection when handling production and consumption waste

1. Waste production and consumption, including radioactive waste, are to be collected, use, disposal, transportation, storage and disposal, the conditions and methods of which should be safe for the environment and regulate the legislation of the Russian Federation.

discharge of production and consumption waste, including radioactive waste, into surface and underground water bodies, water collection areas, in subsoil and at the soil;

placing hazardous waste and radioactive waste in the territories adjacent to urban and rural settlements, in forest parking, resort, medical and recreational, recreational areas, in the ways of animal migration, near spawning and in other places in which environmental hazard can be created, natural environmental systems and human health;

the disposal of hazardous waste and radioactive waste on the catchment areas of underground water bodies used as water sources, in balneological purposes, to extract valuable mineral resources;

the importation of hazardous waste and radioactive waste into the Russian Federation in order to be burial and disposal.

3. Relations in the field of waste management of production and consumption, as well as hazardous waste and radioactive waste are governed by the relevant legislation of the Russian Federation.

Article 52. Requirements in the field of environmental protection when establishing protective and security zones

1. In order to ensure the sustainable functioning of natural environmental systems, the protection of natural complexes, natural landscapes and specially protected natural areas from pollution and other negative impacts of economic and other activities, protective and security zones are established.

2. In order to protect the living conditions of a person, habitat of plants, animals and other organisms around industrial areas and objects of economic and other activities that have a negative impact on the environment, protective and security zones are created, including sanitary protection zones, in quarters , urban and rural settlement neighborhoods - territory, green zones, including forest parking areas and other areas with limited environmental management regimen.

3. The procedure for establishing and creating protective and security zones is regulated by law.

Article 53. Requirements for environmental protection during privatization and nationalization of property

In privatization and nationalization of property, measures for environmental protection and compensation for harm to the environment are ensured.

Article 54. Protection of the ozone atmosphere

The protection of the ozone layer of the atmosphere from environmentally hazardous changes is provided by regulating the production and use of substances that destroy the ozone layer of the atmosphere, in accordance with the international treaties of the Russian Federation, generally accepted principles and norms of international law, as well as the legislation of the Russian Federation.

Article 55. Environmental protection against negative physical impact

1. State authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local governments, legal entities and individuals in the implementation of economic and other activities are obliged to make the necessary measures to prevent and eliminate the negative impact of noise, vibration, electrical, electromagnetic, magnetic fields and Any negative physical impact on the environment in urban and rural settlements, recreation areas, wild animals and birds, including their breeding, natural environmental systems and natural landscapes.

2. When planning and building urban and rural settlements, design, construction, reconstruction and operation of industrial facilities, the creation and development of new equipment, the production and operation of vehicles should be developed to ensure compliance with the standards of permissible physical impacts.

Article 56. Measures of impact of violation of environmental requirements

In violation of the provisions provided for by this Head of environmental protection requirements, activities carried out in violation of these requirements may be limited, suspended or terminated in the manner prescribed by the legislation of the Russian Federation.

Chapter VIII. Ecological disaster zones, emergency zones

Article 57. The procedure for establishing an environmental disaster zones, emergency areas

1. The procedure for declaring and establishing the regime of the environmental disaster zones is established by the legislation on the zones of ecological disaster.

2. 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, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation.

Chapter IX. Natural objects under special protection

Article 58. MEASURES OF PROTECTION OF NATURAL OBJECTS

1. Natural objects with special environmental, scientific, historical and cultural, aesthetic, recreational, wellness and other valuable importance are under special protection. To protect such natural objects, a special legal regime is established, including specially protected natural territories are created.

2. The procedure for the creation and functioning of specially protected natural territories is governed by the legislation on specially protected natural territories.

3. State natural reserves, including government natural biosphere reserves, state natural reserves, nature monuments, national parks, dendrological parks, natural parks, botanical gardens and other specially protected areas, natural objects with special environmental, scientific, historical and cultural , aesthetic, recreational, wellness and other valuable importance, form a natural-protected fund.

4. The withdrawal of land of the naturally protected fund is prohibited, with the exception of cases provided for by federal laws.

5. Earth within the boundaries of the territories where natural objects are located with a special environmental, scientific, historical, cultural, aesthetic, recreational, wellness and other valuable importance and under special protection are not subject to privatization.

Article 59. Legal regime for the protection of natural objects

1. The legal regime for the protection of natural facilities is established by law on environmental protection, legislation on natural and cultural heritage, as well as other legislation.

2. Prohibited economic and other activities that have a negative impact on the environment and leading to degradation and (or) the destruction of natural objects having a special environmental, scientific, historical and cultural, aesthetic, recreational, wellness and other valuable importance and under special protection .

Article 60. Protection of rare and threats to the disappearance of plants, animals and other organisms

1. In order to protect and take into account rare and threatened plants, animal and other organisms, the Red Book of the Russian Federation and the Red Books of the constituent entities of the Russian Federation are established. Plants, animals and other organisms related to the species listed in the Red Books are universally subject to withdrawal from economic use. In order to preserve rare and threatened the disappearance of plants, animals and other organisms, their genetic fund is subject to preservation in low-temperature genetic banks, as well as in an artificially created habitat. The activity leading to a reduction in the number of these plants, animals and other organisms and worsening their habitat is prohibited.

2. The procedure for the protection of rare and endangered the disappearance of plants, animals and other organisms, the procedure for maintaining the Red Book of the Russian Federation, the Red Books of the constituent entities of the Russian Federation, as well as the procedure for maintaining their genetic fund in low-temperature genetic banks and in an artificially created habitat is determined by the legislation in Environmental Protection Areas.

3. Importing to the Russian Federation, export from the Russian Federation and transit transportation through the Russian Federation, as well as the turnover of rare and endangered the disappearance of plants, animals and other organisms, their particularly valuable species, including plants, animals and other organisms falling The international treaties of the Russian Federation, regulated by the legislation of the Russian Federation, taking into account the generally accepted principles and norms of international law.

Article 61. Protection of the Green Foundation of Urban and Rural settlements

1. The green fund of urban and rural settlements is a combination of green areas, including those covered with wood-shrubberry vegetation of territories and the territories covered with grassy vegetation, within the boundaries of these settlements.

2. Protection of the Green Foundation of Urban and Rural settlements provides for a system of activities that ensure the preservation and development of the Green Fund and necessary to normalize the environmental situation and creating a favorable environment.

In the territories contained in the Green Fund, economic and other activities that have a negative impact on these territories and preventing the implementation of the functions of environmental, sanitary and hygienic and recreational purposes with them.

3. State regulation in the field of the protection of the Green Foundation of Urban and Rural settlements is carried out in accordance with the legislation.

Article 62. Protection of rare and threatened soil disappearance

1. Rare and threatened soil disappearances are being protected by the state, and in order to take into account and the protection of the Red Book of Soils of the Russian Federation and the Red Books of Soils of the constituent entities of the Russian Federation, the procedure for which is determined by the legislation on soil protection.

2. The procedure for assigning soils to rare and threatened disappearance, as well as the procedure for establishing the use of land plots, the soils of which are subject to rare and under threat of disappearance, is determined by law.

Chapter X. State Monitoring of the Environment (State Environmental Monitoring)

Article 63. Organization of State Environmental Monitoring (State Environmental Monitoring)

1. The state monitoring of the environment (state environmental monitoring) 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 location of the sources of anthropogenic impact and the impact of these sources to the surrounding Wednesday, as well as in order to ensure the needs of the state, legal entities and individuals in reliable information necessary to prevent and (or) reduce the adverse effects of environmental state changes.

2. The procedure for organizing and implementing state monitoring of the environment (state environmental monitoring) is established by the Government of the Russian Federation.

3. Information on the state of the environment, its change, obtained in the implementation of state monitoring of the environment (state environmental monitoring), is used by state authorities of the Russian Federation, the state authorities of the constituent entities of the Russian Federation, local governments to develop forecasts of socio-economic development and adoption The relevant decisions, the development of federal programs in the field of environmental development of the Russian Federation, targeted environmental protection programs of the constituent entities of the Russian Federation and environmental protection measures.

The procedure for providing information about the state of the environment is regulated by law.

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

Article 64. Objectives of monitoring environmental control (environmental control)

1. Control in the field of environmental protection (environmental control) is carried out in order to provide government agencies of the Russian Federation, the state authorities of the constituent entities of the Russian Federation, local governments, legal entities and individuals of the implementation of legislation in the field of environmental protection, compliance with the requirements, including accounts and regulatory documents, in the field of environmental protection, as well as environmental safety.

2. The Russian Federation is carried out by state, production, municipal and public control in the field of environmental protection.

Article 65. State control in the field of environmental protection (state environmental control)

1. State control in the field of environmental protection (state environmental control) is carried out by federal executive bodies and the executive authorities of the constituent entities of the Russian Federation.

State control in the field of environmental protection (state environmental control) is carried out in the manner prescribed by the Government of the Russian Federation.

2. The list of facilities subject to federal state environmental control in accordance with this Federal Law, other federal laws, is determined by the Government of the Russian Federation.

3. The list of officials of the federal executive body, carrying out the federal environmental control (federal state inspections in the field of environmental protection), is established by the Government of the Russian Federation.

4. The list of officials of the state authorities of the constituent entities of the Russian Federation, carrying out state environmental control (state inspector in the field of environmental protection of constituent entities of the Russian Federation), is established in accordance with the legislation of the constituent entities of the Russian Federation.

5. It is prohibited to combine the functions of state control in the field of environmental protection (state environmental control) and the functions of economic use of natural resources.

Article 66. The rights, obligations and responsibilities of state inspectors in the field of environmental protection

1. The State Inspectors in the field of environmental protection in the performance of their official duties within their powers are entitled in the prescribed manner:

in order to check the organization, objects of economic and other activities, regardless of the forms of ownership, including objects subject to state protection, defense facilities, civil defense facilities, to meet documents and other materials necessary for the implementation of state environmental control;

checking compliance with regulations, state standards and other regulatory documents in the field of environmental protection, the work of sewage treatment facilities and other neutralizing devices, controls, as well as the implementation of environmental protection plans and measures;

check compliance with the requirements, norms and rules in the field of environmental protection during placement, construction, commissioning, operation and output of production and other facilities;

check the fulfillment of the requirements specified in the conclusion of state environmental impact assessment and make proposals for its implementation;

to make requirements and issue orders to legal entities and individuals to eliminate the violation of legislation in the field of environmental protection and disorders of environmental requirements identified in the implementation of state environmental control;

suspend the economic and other activities of legal entities and individuals in violation of the environmental legislation;

involve the administrative responsibility of persons who have violation of legislation in the field of environmental protection;

exercise other powers determined by law.

2. State inspector in the field of environmental protection must:

warn, identify and prevent violation of environmental legislation;

clarify the violators of legislation in the field of environmental protection of their right and obligations;

comply with the requirements of legislation.

3. Decisions of state inspectors in the field of environmental protection can be appealed in accordance with the legislation of the Russian Federation.

4. The State Inspectors in the field of environmental protection are subject to state protection in accordance with the legislation of the Russian Federation.

Article 67. Production control in the field of environmental protection (production environmental control)

1. Production control in the field of environmental protection (production environmental control) is carried out in order to ensure implementation in the process of economic and other activities of environmental protection measures, rational use and restoration of natural resources, as well as in order to comply with environmental requirements, established by legislation in the field of environmental protection.

2. Subjects of economic and other activities are obliged to provide information on the organization of industrial environmental control in the executive bodies and local government bodies, carrying out respectively state and municipal control in the manner prescribed by law.

Article 68. Municipal Control of Environmental Protection (Municipal Environmental Control) and Public Control of Environmental Protection (Public Environmental Control)

1. The municipal control in the field of environmental protection (municipal environmental control) on the territory of the municipality is carried out by local governments or authorized authorities.

2. The municipal control in the field of environmental protection (municipal environmental control) in the territory of the municipality is carried out in accordance with the legislation of the Russian Federation and in the manner prescribed by the regulatory legal acts of local governments.

3. Public control in the field of environmental protection (public environmental control) is carried out in order to implement the right of everyone to a favorable environment and preventing violation of legislation in the field of environmental protection.

4. Public control in the field of environmental protection (public environmental control) is carried out by public and other non-commercial associations in accordance with their charters, as well as citizens in accordance with the legislation.

5. The results of public control in the field of environmental protection (public environmental control), submitted to the state authorities of the Russian Federation, the state authorities of the constituent entities of the Russian Federation, local governments are subject to compulsory consideration in the manner prescribed by law.

Article 69. State accounting of objects that have a negative impact on the environment

1. State accounting of objects that have a negative impact on the environment is carried out in order to state environmental protection, as well as the current and prospective planning of measures to reduce the negative impact of economic and other activities on the environment.

2. State accounting of objects that have a negative impact on the environment, as well as the assessment of this environmental impact is carried out in the manner prescribed by law.

3. Objects that have a negative impact on the environment and data on their environmental impact are subject to state statistical accounting.

Chapter XII. Scientific research in environmental protection

Article 70. Scientific research in the field of environmental protection

1. Scientific research on environmental protection is held in order to social, economic and environmentally balanced development of the Russian Federation, creating a scientific basis for environmental protection, the development of scientifically based measures to improve and restore the environment, ensuring the sustainable functioning of natural environmental systems, rational use and reproduction of natural resources, environmental safety.

2. Scientific research in the field of environmental protection are held in order to:

development of concepts, scientific forecasts and plans to preserve and restore the environment;

assessment of the consequences of the negative impact of economic and other activities on the environment;

improvement of legislation in the field of environmental protection, the creation of standards, state standards and other regulatory documents in the field of environmental protection;

developing and improving the indicators of integrated environmental impact assessment, methods and methods for their definition;

development and creation of the best technologies in the field of environmental protection and the rational use of natural resources;

developments for the rehabilitation programs of the territories related to the environmental disaster zones;

development of measures to preserve and develop natural potential and the recreational potential of the Russian Federation;

other purposes in the field of environmental protection.

3. Scientific research in the field of environmental protection is carried out by scientific organizations in accordance with the Federal Law on Science and State Scientific and Technical Policy.

Chapter XIII. Basics of formation of ecological culture

Article 71. Universal and Combining Environmental Education

In order to form an environmental culture and training of specialists in the field of environmental protection, a system of universal and integrated environmental education is established, which includes pre-school and general education, secondary, professional and higher professional education, postgraduate vocational education, professional retraining and professional development of specialists, and Also the dissemination of environmental knowledge, including through the media, museums, libraries, cultural institutions, environmental institutions, sports and tourism.

Article 72. Teaching the Fundamentals of Environmental Knowledge in educational institutions

1. In pre-school educational institutions, educational institutions and educational institutions of additional education, regardless of their profile and organizational and legal forms, teaching the foundations of environmental knowledge.

2. In accordance with the profile of educational institutions engaged in professional training, retraining and advanced training of specialists, the teaching of educational disciplines for environmental protection, environmental safety and rational environmental management is ensured.

Article 73. Preparation of heads of organizations and environmental safety professionals and environmental safety professionals

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

2. Preparation of heads of organizations and environmental protection specialists and environmental safety responsible for making decisions in the implementation of economic and other activities, which has or may have a negative impact on the environment, is carried out in accordance with the law.

Article 74. Environmental Education

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

2. Environmental education, including informing the population on environmental protection legislation and environmental safety legislation, is carried out by state authorities of the Russian Federation, the state authorities of the constituent entities of the Russian Federation, local governments, public associations, the media, and Also educational institutions, cultural institutions, museums, libraries, environmental institutions, organizations of sports and tourism, other legal entities.

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

Article 75. Types of liability for violation of environmental legislation

For violation of legislation in the field of environmental protection, property, disciplinary, administrative and criminal liability is established in accordance with the legislation.

Article 76. Resolution of disputes in the field of environmental protection

Disputes in the field of environmental protection are permitted in court in accordance with the legislation.

Article 77. Responsibility of full compensation for harm to the environment

1. Legal and individuals who caused the environment as a result of its pollution, depletion, damage, destruction, irrational use of natural resources, degradation and destruction of natural environmental systems, natural complexes and natural landscapes and other violation of environmental legislation are required Remove it in full in accordance with the legislation.

2. Harm to the environment caused by a business entity and other activities, including the project which has a positive conclusion of state environmental impact assessment, including the activity on the withdrawal of the components of the natural environment, is subject to the reimbursement of the customer and (or) the subject of economic and other activities.

3. Environmental harm caused by a business entity and other activities is reimbursed in accordance with the approved taxes approved in the established procedure and methods for calculating the harm of harm to the environment, and in their absence, based on the actual costs of restoring the impaired environment, taking into account the losses incurred, Including missed benefits.

Article 78. The procedure for compensation for harm to the environment caused by violation of environmental legislation

1. Compensation of harm to the environment caused by violation of legislation in the field of environmental protection is carried out voluntarily or by decision of the Court or Arbitration Court.

The determination of the harm of the environment caused by violation of legislation in the field of environmental protection is carried out on the basis of the actual costs of restoring the violated state of the environment, taking into account the losses incurred, including the missed benefits, as well as in accordance with projects of reclamation and other restoration work, In their absence, in accordance with the taxes and methods for calculating the size of harm to the environment, approved by the executive authorities, carrying out public administration in the field of environmental protection.

2. Based on the decision of the Court or the Arbitration Court, the harm of the environment caused by violation of legislation in the field of environmental protection can be reimbursed by imposing on the defendant to restore the violated environment of the environment at the expense of its funds in accordance with the project of restoration work.

3. Claims of compensation for harm to the environment caused by violation of legislation in the field of environmental protection can be charged within twenty years.

Article 79. Compensation of harm caused by the health and property of citizens as a result of a violation of environmental legislation

1. Harm caused by the health and property of citizens with negative impact of the environment as a result of economic and other activities of legal entities and individuals is subject to compensation in full.

2. Determination of the volume and amount of compensation for harm caused by the health and property of citizens as a result of a violation of legislation in the field of environmental protection, is carried out in accordance with the legislation.

Article 80. Requirements for restriction, to suspend or terminate the activities of persons carried out in violation of environmental protection legislation

Requirements on restriction, on suspension or termination of legal entities and individuals carried out with violation of legislation in the field of environmental protection are considered by the court or arbitration court.

Chapter XV. International cooperation in the field of environmental protection

Article 81. Principles of international cooperation in the field of environmental protection

The Russian Federation exercises international cooperation in the field of environmental protection in accordance with the generally accepted principles and norms of international law and international treaties of the Russian Federation in the field of environmental protection.

Article 82. International treaties of the Russian Federation in the field of environmental protection

1. International agreements of the Russian Federation in the field of environmental protection that do not require the use of publications of domestic acts apply to relations arising from environmental protection activities directly. In other cases, along with the International Agreement of the Russian Federation in the field of environmental protection, a relevant regulatory legal act applies to the provisions of the International Treaty of the Russian Federation.

2. If the international treaty of the Russian Federation in the field of environmental protection has established other rules than those provided for by this Federal Law, the rules of the International Treaty applies.

Chapter XVI. Final provisions

Article 83. Entry into force of this Federal Law

This federal law enters into force on the day of its official publication.

Article 84. Rapping regulatory legal acts in accordance with this Federal Law

1. From the day the entry into force of this Federal Law, recognize invalid:

The Law of the RSFSR of December 19, 1991 N2060-I "On Protection of the Environmental Environment" (Vedomosti Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, N10, Article 457), with the exception of Article 84, which loses force simultaneously with the introduction the Codex of the Russian Federation on Administrative Offenses;

Law of the Russian Federation of February 21, 1992 N2397-I "On Amendments to Article 20 of the RSFSR Law" On Environmental Protection "(Vedomosti Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, N10, Art.459);

article 4 of the Law of the Russian Federation of June 2, 1993 N5076-I "On Amendments to Amendments and Additions to the Law of the RSFSR" On the Sanitary and Epidemiological Welfare of the Population ", the Law of the Russian Federation" On Protection of Consumer Rights ", Law of the Russian Federation" On Environmental Protection "(Vedomosti Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, N29, Article 1111);

Federal Law of July 10, 2001 N93-FZ "On Amendments to Article 50 of the Law of the RSFSR" On Environmental Protection "(Meeting of the Legislation of the Russian Federation, 2001, N29, Article 2448).

2. Resolution of the Supreme Council of the RSFSR of December 19, 1991 N2061-I "On the procedure for the implementation of the RSFSR Law" On Environmental Protection "(Vedomosti Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, N10, Art.458) Loses strength at the same time as Article 84 of the Law of the RSFSR "On Environmental Protection".

3. President of the Russian Federation and the Government of the Russian Federation, bring its regulatory legal acts in line with this Federal Law.

The president
Russian Federation
V. Putin

The overall characteristics of the Federal Law "On Environmental Protection".

Federal Law of January 10, 2002 No. 7-FZ "On Environmental Protection" is fundamental in the system of environmental legislation. The law is valid throughout the Russian Federation, as well as on the continental shelf and in the exclusive economic zone. It is systematized norms regarding:

rights of citizens to a healthy and favorable environmental environment;

the economic mechanism of environmental protection;

ruling of environmental quality;

state environmental expertise;

environmental requirements for design, construction, reconstruction, commissioning of enterprises, structures and other objects;

emergency environmental situations;

specially protected natural territories and objects;

environmental control;

environmental education, education, scientific research, etc.

The Federal Law "On Environmental Protection" defines the legal framework for state policy in the field of environmental protection, ensuring a balanced solution of socio-economic tasks, the preservation of a favorable environment, biological diversity and natural resources in order to meet the needs of current and future generations, strengthening the law enforcement in the field of protection Environment and Environmental Safety.

The Federal Law "On Environmental Protection" regulates relations in the interaction of society and nature arising in the implementation of economic and other activities related to the impact on the natural environment as the most important component of the environment, which is the basis of life on Earth, within the territory of the Russian Federation, as well as on Continental shelf and in the exclusive economic zone of the Russian Federation.

The FZ consists of 16 chapters (84 articles).

Chapter 1. General provisions (concepts, legislation, principles, objects);

Chapter 2. Fundamentals of environmental management (powers of state authorities of the Russian Federation, subjects of the Russian Federation, local self-government, delimitation of powers);

Chapter 3. Rights and obligations of citizens, public and other people. associations in the field of environmental protection;

Chapter 4. Economic regulation in the region. OKR. ok. environments;

Chapter 5. Normalization in the OUO;

Chapter 6. Evaluation of the environment. Wednesday. (Conducting an assessment, ecological examination);

Chapter 7. Requirements in the OUOS in the exercise of economic and other activities;

Chapter 8. Ecological disaster zones, emergency zones (establishment procedure);

Chapter 9. Natural objects under special protection;

Chapter 10. State environmental monitoring (organization);

Chapter 11. Control in the field of environmental protection (environmental control) (monitoring tasks, state control, rights and obligation of state inspectors, production control, municipal control);

Chapter 12. Scientific research in the field of environmental protection;

Chapter 13. Fundamentals of the formation of ecological culture;

Chapter 14. Responsibility for violation of legislation in EOS and environmental safety;

Chapter 15. International cooperation in the EOSP (principles of honey. Sotr, international treaties);

Chapter 16. Final provisions.

Protection of the environment, as recently talked to the protection of nature, is necessary for each state. Natural environment are those ecosystems in which citizens of a particular country live, and they
firstqueue Interested in clean air and water, in unseated food. Wednesday has to protect against contamination by agricultural and industrial enterprises, from domestic wastewater from each major settlement. So the laws on the protection of the environment are always laws on the restriction of human activity in this area. Wednesday must be protected from outside encroachment, in order not to capture the natural wealth, historically (by law) belonging to the specific people. All this is so, and, however, in all these arguments there are many contradictions.

An introductory chapter What is Ecology?
Chapter I Factors and Wednesday Resources
Chapter II Ecology Oracter (Outecology)
Chapter III Basics of the Treatment of the population
Chapter IV Biocenoses, Ecosystems, Biosphere
Chapter V Ecosystem of Urban Landscapes
Chapter VI Biocenotic patterns of the evolution of cities
Chapter VII The laws of ecology and human activity
Chapter VIII Environmental Legislation of Russia
application

We already know that a person is not opposed to his habitat, he is part of it. It does not need special protection, because the main components of the substances are "serviced" not by man
And by no means higher than the most primitive organisms, the limits of tolerance and adaptability of which are extremely large. So the environmental protection is always reduced to the regulation of the mid-forming human activity, and they do not have to talk about citizens here, they are not able to destroy their own habitats. It is destroyed by public structures, most often not incurring citizens' calls. Therefore, it is impossible to say that the environment is transferred to the possession of some kind of people and is its heritage. You can proceed your wealth! Natural environment destroyed in some local place of the planet is the threat to the entire population of the Earth.

So, a person cannot use the medium as its heritage, being part of the natural environment itself. A citizen is unable to damage its habitat, and society is able to do without his knowledge and consent. Arbitrary and complete use of natural environment resources is almost impossible. Nevertheless, each state needs a law on environmental protection. Our state adopted in 1963 the Law of the RSFSR "On the conservation of nature" . With state transformations, by 1985 it was outdated. In exchange, he was adopted by the Supreme Council of the Russian Federation on December 19, 1991.On the protection of the environment " . Before that we did not have a general law
In the field of environmental protection.

The 1991 Law was characterized by the following main features:

1. This is an integrated, head legislative act of direct action. It performs three tasks: a) preservation of the natural environment; b) preventing the harmful effects of economic activity on it; c) Improvement and improvement of environmental quality. The direct effect of the law is expressed in the fact that its norms operate without additional acts - regulations, instructions, regulations, etc.

2. The law determines the measure of a reasonable combination of environmental and economic interests in priority to human health. That is, the maximum allowable norms of impact of economic activity on Wednesday, the excess of which creates a danger of human health.

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

4. The central topic of the law is a person, the protection of his life and health from the adverse effects of the external environment. That is, ultimately, is a law on human protection. A person is seen in two aspects: as a subject impact on the environment and the responsibility for the consequences of its actions; and also as an object of impact, endowed with the rights and guarantees for compensation for harm caused.

5. The mechanisms for executing the prescriptions of the law are indicated. They consist of stimulating environmental protection in combination with measures of administrative and legal impact on violators. Measures of this impact - economic mechanisms for the protection of the natural environment: Environmental expertise, environmental control, empowerment on restriction, suspension, termination of environmentally harmful objects, administrative, criminal liability, damage caused by violation of law, environmental education and education.

According to the text of the law, nature and herwealth are national heritage of peoples Russia, natural the basis of them sustainable socio-economic development and human well-being. It does not need to be understood as the possibility of peoples inhabiting the country, arbitrarily and fully use all the natural wealth of their territory, covering the slogans of national interests or acute political moments experienced by society.

The law contained 15 sections broken by 94 articles.

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

In terms of volume, it changed little and contains 14 chapters divided by 84 articles.

In the first chapter The law still includes general provisions. There are outlined the objectives of the environmental legislation of the Russian Federation, consisting of regulating relations between society and nature in order to preserve natural wealth and the natural environment in the interests of the present and future generations of people.

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

Here, the basic principles of environmental protection are formulated, which should be guided by any individual and legal entity in the country. Here is some of them:

    compliance with human rights for a favorable environment;

    providing favorable human life conditions;

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

    responsibility of state authorities of the Russian Federation, subjects of the Russian Federation, local self-government bodies for ensuring a favorable environment and environmental safety in the respective territories;

    the data of environmental management and compensation for environmental damage;

    independence of environmental control;

    the presumption of the environmental hazard of the planned economic and other activities;

    the obligation to assess the impact on the environment when making decisions on the implementation of economic and other activities;

In general, this chapter guarantees human rights to a favorable environment, providing favorable conditions of life, as well as the responsibility of government bodies and the obligation to conduct state environmental impact assessment. Stipulated and priority to preserve natural ecological systems. The obligation to participate in the activities of the environmental protection of the state authorities of the Russian Federation, the subjects of the Russian Federation, local self-government, public and other non-commercial associations of legal entities and individuals is introduced.

In the last article of this chapter, environmental objects are listed. These are land, subsoran, soil, surface and groundwater, and, in addition, atmospheric air, ozone layer of the atmosphere
and near-earth outer space. From wildlife this forest
Both other vegetation, animals and other organisms and their genetic fund.

In priority, natural environmental systems, natural landscapes and natural complexes, not exposed to anthropogenic effects, are subject to protection.

Special security are subject to objects included in the list of World Cultural Heritage and to the List of World Natural Heritage,
as well as government natural reserves, including biosphere, state natural reserves, nature monuments, national natural and dendrological parks, botanical gardens, healthcare and recreation areas and resorts, other natural complexes, original habitat, places of traditional residence and economic activities of indigenous minorities The peoples of the Russian Federation, objects having a special environmental, scientific, historical and cultural, aesthetic, recreational, wellness and other valuable importance, continental shelf and the exceptional economic zone of the Russian Federation, as well as rare or threatened soil disappearance, forests and other vegetation, Animals and other organisms and their habitats.

In the second chapter given Basics of management in the field of environmental protection. Here in S. tatys from 5 to 10we regulate the powers of state authorities and local self-government in the field of relations related to the protection, delimitation of these powers.

In the third chapter the rights and obligations of citizens, public and other non-commercial associations in the field of environmental protection are negotiated. Here, Article 11 declares the right of citizens to the favorable environment, and lists citizens' rights to create public associations, send appeals to the authorities, to participate in meetings and meetings, to put forward a proposal and handle complaints. They are obliged to relatively little: to maintain nature, carefully treat it and comply with legislation.

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

IN fourth chapter The law, as in the previous, proposed economic mechanisms for protecting the environment, their tasks, planning and accounting of resources. Limits on environmental management, resource usage, environmental insurance, environmental funds and economic stimulation of environmental protection are defined herein. In chapters from 14,418, the methods of economic regulation and federal programs in the field of environmental development, and entrepreneurial activities carried out in order to protect the environment are also negotiated.

In the fifth chapter The normalization of the quality of the natural environment is determined. It's no secret that the current natural environment is often contaminated so much that he adversely affects everything alive. First of all, the requirements for the development of standards in the field of environmental protection are covered here. All standards of extremely permissible doses and levels of pollution, as well as environmental requirements for products are considered in this section in articles from 19 to 31.

Sixth Chapter it consists of only two articles and contains a description of the environmental impact assessment procedure and the procedure for conducting Environmental expertise. Its objectives are determined, the obligation of such an examination in the adoption of any economic solutions is introduced. The objects of state environmental impact assessment, the obligation of public environmental examination and are defined as responsibility for non-compliance with the requirements of expertise and the responsibility of experts.

The most voluminous Seventh Head The law determines environmental requirements for placing, designing, construction, reconstruction, commissioning and operation of enterprises, structures and other objects. Here lists the rules for the storage, use and destruction of chemical, biological, industrial and household waste, the protection of the ozone layer of the Earth. This chapter contains articles from 32 to 56, a possible suspension of activities is stipulated at its end, if it is carried out in violation of the requirements specified in this chapter.

IN eighth chapter in total in one article the procedure for establishing environmental disaster zones is described and emergency environmental situations are considered. Signs on which the territories of the emergency environmental situation and the environmental disaster zone are distinguished and measures are presented to eliminate such zones and ways to finance these expensive events.

Special ninth Chapter The law stops attention to natural security facilities. It describes the measures of protection and its legal regime, the natural-protected fund of the Russian Federation, state nature reserves, reserves, national parks and monuments of nature. Also, rare and endangered types of organisms and green areas around cities and villages are also subject to special security. .

State Natural Reserve a natural complex is considered to be preserved or reproducing one species of natural resources in combination with limited and consistent use of other types of natural resources.

National Natural Parks Called seized from economic use, specially protected natural complexes that have ecological, genetic, scientific, ecological and educational, recreational significance, as typical or rare landscapes, habitat of communities of wild plants and animals, recreation sites, tourism, excursions, public enlightenment .

Monuments of nature separate unique natural objects and natural complexes that have relict, scientific, historical, ecological and educational importance and in need of special protection of the state are considered.

Around the cities and industrial villages allocatedsuburban green zones , including forest-park protective belts, such as measuring territory (media-forming, environmental), sanitary and hygienic and recreational functions.

It should be noted that all provisions about these territories protected by the types of organisms and green areas surrounding the settlements of a person are similar to the same long-established countries, regardless of their economic level.

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

Chapter eleventh The law is devoted to environmental monitoring of the environment. His tasks and importance are explained, the hierarchy of the control service - state, industrial, public has been introduced. Of course, the rights of government controlling officials turned out to be much larger than that of public regulatory organizations. Public control in this chapter, consisting of 6 articles, is allocated only two positions in 68 article.

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

Chapter twelve Regulates scientific research in the field of environmental protection. In its only one, only possible goals are listed in which scientific research can be carried out. So this chapter turned out to be essentially cut in comparison with the previous law. .

New chapter that appeared in this version of the law - 13 Chapteris devoted to the basics of forming an environmental culture. It is represented by four articles, and since only they are in the text of the law are related to the training of ecology and ecological-educational activities, we will lead the chapter entirely.

Article 71.. Universality and complexity of environmental education.

In order to form an environmental culture and training specialists in the field of environmental protection, a system of universal and integrated environmental education is established, which includes pre-school and general education, secondary vocational and higher professional education, postgraduate vocational education, professional retraining and professional development of specialists, as well as Dissemination of environmental knowledge, including through media, museums, libraries, cultural institutions, environmental institutions, sports and tourism.

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

1. In pre-school educational institutions, educational institutions and educational institutions of additional education, regardless of their profile and organizational and legal forms, teaching the foundations of environmental knowledge.

2. In accordance with the profile of educational institutions engaged in professional training and professional development of specialists, teaching educational disciplines for environmental protection, environmental safety and rational environmental management is ensured.

Article 73. Preparation of managers of organizations and specialists in the field of environmental protection and environmental safety.

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

2. Preparation of heads of organizations and environmental protection specialists and environmental safety responsible for making decisions in the implementation of economic and other activities, which has or may have a negative impact on the environment, is carried out in accordance with the law.

Article 74. . Environmental education.

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

2. Environmental education, including informing the population on environmental protection legislation and environmental safety legislation, is carried out by state authorities of the Russian Federation, the state authorities of the constituent entities of the Russian Federation, local governments, public associations, the media, and Also educational institutions, cultural institutions, museums, libraries, environmental institutions, organizations of sports and tourism, other legal entities.

Thus, in contrast to the previous law, the state component is significantly strengthened in the new, and there are no longer stipulated in such detail the rights of citizens and their priority. Despite the fact that the information support of citizens in the field of environmental quality is left, the role of the Government of the Russian Federation in the organization of the system of universal and continuous environmental education and the formation of all citizens of the country has already been fully excluded. This should have been carried out by specially authorized state bodies of the Russian Federation, providing the population with environmental information and participating in the organization of universal continuous environmental education and education. In the republics, autonomous regions and districts, in the edges, areas and bodies of local governments, the Organization of Universal Environmental Education, Education and Enlightenment, as the necessary attribute of environmental protection, was necessarily ordered. Unfortunately, this provisions remained very little, which made it possible to practically minister the teaching of ecology in educational institutions from the moment of adoption of this new law. We will return to this topic in the 13th chapter of the law.

Chapter Fourteenth The law is devoted to the responsibility for environmental offenses. First of all, the types of such responsibility are listed. Disciplinary, and material and administrative responsibility are envisaged here. There is an article and criminal responsibility for environmental crimes. It is stipulated that disputes in the field of environmental protection are permitted in court in accordance with the legislation.

The duty of full compensation for harm to the environment and the procedure for compensation for harm caused by violation of legislation in the field of environmental protection is stipulated. In addition, compensation for harm caused by the health and property of citizens as a result of a violation of legislation, as well as the requirements for restriction, suspension or even termination of the activities of persons carried out with violation of legislation in the field of environmental protection.

In the fourteenth chapter The law discusses the compensation for harm caused by an environmental offense. It is intended to reimburse such harm in full in the form of adequate material compensation, or in a natural form, in the form of restoration of the environment. The options for compensation for harm caused by the source of increased hazard, the health of citizens or their property are stipulated by the methods of claims for the termination of environmentally harmful activities.

Provided in fifteenth chapter Law and international cooperation in the field of environmental protection. It is argued here that the Russian Federation implements international cooperation in the field of environmental protection in accordance with the generally recognized principles and norms of international law .

Unfortunately, the definitions of specially protected territories are seized from the law. We give these definitions from the text of the previous law. Here they are: " State natural reserves It is considered seized forever from economic use and not subject to seizure for any other purposes, especially protected by law, natural complexes (land, subsoil, water, vegetable and animal peace), having environmental, scientific, ecological and educational importance, as the standards of the natural environment , typical or rare landscapes, places for preserving the genetic plant and animal fund. "

There, scientists, leading such developments, provided state support, and they were part of the expert councils, giving conclusions on the environmental review of projects, participated in solving the practical problems of rational environmental management, the formation of the society's environmental culture. And, most importantly, they carried personal responsibility for the scientific results of their developments.

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

- non-compliance with standards, norms and other standards for the quality of the environment;

- pollution of the environment and the causation of this harm to the health of a person, a plant and animal world, the property of citizens and legal entities;

- damage, damage and destruction of natural objects, including monuments of nature, depletion and destruction of natural and protected complexes and natural environmental systems;

- violation of the established order or rules of mining, collection, billets, sales, buying, acquisition, exchange, shipment, import and exportation abroad of objects of plant and animal world, products of them, as well as botanical, zoological and mineralogical collections;

- Exceeding established standards for extremely permissible levels and concentrations of harmful substances;

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

Unfortunately, they are lowered in the text of the law, but we remind them of the text of the previous law. Principles These are reduced to the following:

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

- Each state has the right to use the environment and natural resources for the development and needs of its citizens;

- the ecological well-being of one state can not be provided at the expense of other states or without taking into account their interests;

- economic activity carried out in the state should not damage the environment of both within and outside of its jurisdiction;

- any kind of economic and other activities are unacceptable, the environmental consequences of which are unpredictable;

- should be established in global, regional and national levels for the state and changes in the environment and natural resources based on internationally recognized criteria and parameters;

- there should be a free and unimpedient international exchange of scientific and technical information on environmental issues and advanced environment-saving technologies;

- States should assist each other in emergency environmental situations;

- All disputes related to environmental issues should be resolved only by peaceful means.

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

The Federal Law "On Environmental Protection", adopted on January 10, 2002, is a systematic, comprehensive regulatory act in the field of environmental protection. It regulates the main public relations in the field of environmental management and environmental protection.

General characteristics of the law

This law has determined the main tasks and mechanism for regulating relations in the field of interaction between society and humans. He laid the foundations for the progressive development of environmental legislation as the legislation of the new generation. For this law, the following features are characterized by:

    The law is a comprehensive regulatory act regulating environmental relations in general without differentiation on individual natural objects. It formulates basic provisions that make it possible to prevent environmental damage and ensure the execution of environmental requirements. These include: the creation of an economic mechanism for environmental protection, regulation of state environmental impact assessment, responsibility for environmental offenses.

    The law is a basic regulatory act, whose provisions are developing and concretized in other acts of environmental legislation. Separate sections of this law subsequently became the basis for the development of other federal laws and other normative acts of environmental legislation.

    The law establishes the priority of human life and human health from the unfavorable environmental impact. Environmental protection 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, there are basic legal institutions of environmental protection. In particular, human health is the main criterion for the establishment of environmental standards.

    The law comes from a scientifically informed combination of environmental

social and economic interests of society. The principle of the ratio of the environmental and economic interests of the Company is fundamental in the concept of sustainable development formulated at the UN conferences in 1972 and 1992. In our legislation, this principle was reflected in such a compromise wording

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

The law consists of a preamble, 16 chapters and B84 articles.

Regulatory acts on rational environmentalization

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

Naloresome regulations regulate public relations, which develop in the scope of rational use of certain types of natural resources and objects of nature: land, subsoil, water, forests, atmospheric air, animal world, especially protected territories.

The group of federal laws that are fundamental regulatory acts include the following: Land Code of the Russian Federation, the Russian Law "On Subsoil", Water Code of the Russian Federation, Forest Code of the Russian Federation, Federal Law "On Protection of Atmospheric Air", Federal Law of March 14, 1995 No. 33-FZ "On Specially Protected Natural Territories", Federal Law "On Animal World".

For these regulatory acts, the presence of some common features.

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

but they are a specific object of property, as they are used by all society, and therefore the state limits the ownership of natural resources, establishing certain rights and obligations of owners, identifying the 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 the natural resource are priority? For example, water can be used for drinking, for household needs, like a shipping path, etc. If water is used as a shipping path, then its purity does not have a decisive value. Legislation determines that the priority quality of water is its suitability for drinking, i.e. purity.

    Performing any prescriptions is impossible without responsibility. The norm of law is not a recommendation, but the command, followed by the authority of the state.

These legislation provide for responsibility for violation of relevant legislation (land, water, forestry etc.), and the responsibility measures may have its own specific features.

Consider more two main natural 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 on clean water and a favorable water environment. These goals are achieved with the following events:

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

    protection of water bodies from pollution, clogging and exhaustion;

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

The Water Code of the Russian Federation provides for the following duties of water users: rationally use water objects; prevent any violation of the rights of other water users, as well as

harm to health people and the environmental environment; prevent deterioration in the quality of surface and groundwater, the habitat of the animal and plant world; Inform state authorities on emergency and other emergency situations affecting the state of water bodies.

The Water Code of the Russian Federation provides that "persons guilty of violation of the Water Legislation of the Russian Federation are administrative and criminalized in accordance with the legislation of the Russian Federation" (Article 130). If damage is damaged to the water object, the persons responsible for this are obliged to compensate for the damage.

Questions for self-test

    Name the basic regulatory acts that regulate the use of individual natural resources and environmental protection.

    Describe the main stages of the formation of Russian legislation.

    Give the overall characteristics of the Federal Law "On Environmental Protection".

    What social relations are governed by natural regulatory acts?

    Give the characteristic of the Land Code of the Russian Federation.

    Give the characteristic of the water code of the Russian Federation.

    What are the responsibilities of land users are provided for by the Land Code of the Russian Federation?

Structure and summary of the Russian Law "On Environmental Protection"

Section 1. General provisions.

This section defines the following: tasks of the environmental legislation of the Russian Federation, the system of environmental legislation, the basic principles of environmental protection, environmental protection facilities, the competence of state authorities of various levels in the field of environmental protection.

The system of environmental legislation is based on the same principle as the head law.

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

Enchanted the right of health care from the adverse effects of the environment caused by economic or other activities; The consequences of accidents, disasters, natural disasters, which is provided:

  • - planning and normalization of the quality of the environment;
  • - social insurance of citizens;
  • - provision of real accommodation opportunities in favorable conditions for life and health conditions;
  • - reimbursement of harm caused to health;
  • - State control over the state of the environment.

Section 3. Economic mechanism for environmental protection.

This section discloses the following:

  • - the tasks of the economic mechanism;
  • - the need to conduct inventories of natural resources;
  • - sources of financing of environmental events;
  • - procedure for issuing a license for integrated environmental management;
  • - limits for environmental management (withdrawal of natural resources, emissions and discharges of pollutants into the environmental environment, production waste placement);
  • - types of payments for natural resources (for the right to use natural resources within the established limits, for ultimate and irrational use of natural resources, on reproduction and protection of natural resources);
  • - mechanism for economic stimulation of environmental protection (tax discounts, delaying payment, preferential loans, incentive prices and allowances for environmentally friendly products, etc.).

Section 4. Regulation of the quality of the environment.

The section provides basic requirements for the normalization of the quality of the environment, gives a list of maximum permissible norms of impact on the environment.

Section 5. State environmental impact assessment.

The section defines the purpose of the state environmental impact assessment (verification of the compliance of the economic and other activities of the environmental safety of the Company), the objects of expertise, the possibility of holding a public environmental impact assessment.

Section 6. Environmental requirements for placing, designing, construction, reconstruction, commissioning of enterprises, structures and other objects.

The section Attention is paid to the need to take into account environmental safety in the development of technical and economic rationales (TEO) of projects.

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

The section provides environmental requirements separately:

  • - in agriculture;
  • - at ameliorative work;
  • - to energy facilities;
  • - with the reconstruction and construction of cities and other settlements;
  • - when using chemicals;
  • - To military and defense facilities.

Section 8. Extreme environmental situations.

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

  • 1. Areas of the extreme environmental situation - areas of the territory of the Russian Federation, where, as a result of economic and other activities, sustainable negative changes in the environment, threatening the health of the population, the state of natural environmental systems, genetic funds of animals and plants;
  • 2. The zones of an environmental disaster - the territory where the deep irreversible changes in the environment occurred, which caused a significant deterioration in public health, violation of natural equilibrium, the destruction of ecosystems, the degradation of flora and fauna.

Such zones are announced by the RF government decrees, the decrees of the President of the Russian Federation on the basis of the conclusion of the state environmental impact assessment. In Russia, such zones are recognized as follows: the Kuznetsky Coal Pool of the Kemerovo Region, Nizhny Tagil of the Sverdlovsk Region, Bratsk Irkutsk Region.

Section 9. Specially protected natural territories and objects.

The section defines the conditions for attributing natural objects to particularly protected, their legal regime and measures of protection.

Section 10. Environmental control.

The section defines environmental control tasks:

  • - observation of the state of the environment and its change;
  • - verification of the implementation of plans and measures for the protection of nature, the rational use of natural resources, recovery of the environment, compliance with the requirements of environmental legislation and environmental quality regulations;

As well as levels of environmental control:

  • - state;
  • - production;
  • - Public.

Section 11. Environmental education, education, scientific research.

The section refers to the need for universal, integrated and continuous environmental education and education, as well as the obligation of environmental knowledge in educational institutions, preventive ecological training of managers and specialists, conducting scientific environmental research.

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

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

Section 13. Responsibility for environmental offenses.

The section provides the definition of environmental offenses (guilty, unlawful acts violating environmental legislation), on the methods of application of sanctions, 4 types of environmental and legal liability are allocated:

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

Section 14. Compensation of harm caused by an environmental offense.

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

  • - environment;
  • - health;
  • - Property.

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

The section provides the principles and types of international cooperation.

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

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

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

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

The first concerns the biological basis of a person, the second - its material foundations of existence.

The Constitution of the Russian Federation also draws up the organizational and legal relationship between the Federation and the subjects of the Federation. The current system of legislative and regulatory legal acts in the field of environmental protection, ensuring environmental safety and rational environmental management in accordance with the requirements of the Constitution of the Russian Federation illustrates Table. one.

In the subject of its maintenance of the Russian Federation, federal laws are adopted, which are mandatory throughout the country. The subjects of the Russian Federation have the right to their own regulation of environmental relations, including the adoption of laws and other regulatory acts. The Constitution of the Russian Federation enshrines the general rule: laws and other legal acts of the subjects of the federation should not contradict federal laws. The provision of the Constitution of the Russian Federation is specified in the sources of environmental law.

Firstly, this law is the main legislation, the subject of regulating environmental relations.

Table 1.

Federal Level

Regional level

the Russian Federation

Federal laws defining legal regulation on the territory of the Russian Federation

Decrees of the President, Resolution of the State Duma, Resolution (Order) of the Government of the Russian Federation

System of state standards (GOST) and construction standards and rules (SNiP)

System of industry standards (osta, RD, SanPiN, PDC, Shove, etc.)

The system of interdepartmental and departmental regulatory and methodological documentation

International treaties, conventions, agreements and other international legal acts, participant (by the adviser) of which Russian Federation is

Subjects of the Russian Federation

Laws of the constituent entities of the Russian Federation

Resolutions (orders) of the executive authorities of the subjects of the Federation

System of regional standards and standards

Bilateral international agreements

By regulating this relationship, he aims to solve three tasks: preserving the natural environment, preventing and eliminating the harmful effects of economic activity on the nature and human health, recovery and improving the quality of the OPS.

The law is headed by a system of environmental legislation, that is, in the issues of OPS, the norms of other laws should not contradict this legislation.

Secondly, the main direction of the law is to ensure a scientific and informed combination of environmental and economic interests with the priority of health and natural human rights on a favorable environment. As such a substantiation, the maximum permissible norms of impact of economic activity on the natural environment. The excess of these norms is an environmental offense.

Thirdly, in contrast to industry laws (for example, the foundations of land legislation), the law formulates the requirements facing the sources of harmful effects on the natural environment, that is, enterprises, institutions and organizations that have a harmful effect on the natural environment.

Fourth, the central theme of the law is a person, the protection of his life, health from the adverse effects of the OS. The law, the person is considered as a subject of impact on the natural environment that is responsible for its activities, and as a subject of such an impact, endowed with guarantees for compensation for damage caused.

Fifth, the norms of the law enshrine the mechanism of its execution, which consists of a system that includes the economic stimulation of a businessman in the Oops and the measures of administrative and legal impact on violators of environmental and legal regulations. The law enshrines the economic mechanism of the OPS, as well as the obligation of state environmental impact assessment, state environmental control, its entitle to suspend, restrict, terminate the activities of environmentally harmful industries, measures of administrative and criminal liability for environmental offenses, compensation for harm and human health, environmental education and Education.

The effectiveness of this mechanism depends on the level of organizational activities of oversight and control bodies on the OPS, from the material and financial support of environmental activities, from the performing discipline, as well as the state of environmental culture in society.