THE LAW OF THE RF "ON ENVIRONMENTAL PROTECTION"

Since the new Federal Law “On Environmental Protection” was adopted, the previously effective Law of the RSFSR “On Environmental Protection” has ceased to be in force. When the previous normative legal act regulating this sphere of the life of society was adopted in December 1991, it represented the beginning of a new stage in the development of domestic legislation in the field of ecology. This was necessary due to the political, environmental, economic and social characteristics of the country's development.

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

We present it below.

Chapter I. General Provisions.

Chapter II. Fundamentals of environmental management.

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

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

Chapter V. Rationing in the field of environmental protection.

Chapter VI. Environmental impact assessment and ecological expertise.

Chapter VII. Requirements in the field of environmental protection in the implementation of economic and other activities.

Chapter VIII. Zones of ecological disaster, zones of emergency situations.

Chapter IX. Natural objects under special protection.

Chapter X. State monitoring of the environment (state environmental monitoring).

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

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

Chapter XIII. Fundamentals of the formation of ecological culture.

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

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

Chapter XVI. Final provisions.

The preamble of the law under consideration states that this regulatory legal act defines the foundations that characterize state policy in terms of environmental protection, and that these foundations are used to ensure a balanced solution to socio-economic problems. The foundations enshrined in laws are designed to preserve a favorable environment, biological diversity and natural resources in order to meet the needs of present and future generations, strengthen the rule of law in the field of environmental protection, and ensure environmental safety. The law regulates relations associated with the interaction of society and nature, which arise when economic and other activities are carried out that affect the natural environment, which is an important component of the environment and is the basis of life on Earth, within the boundaries defined by the territory of Russia, and also on the territory of the continental shelf.

Many experts give negative assessments of this regulatory legal act. Despite this, it also has a number of advantages. As such advantages, it can be noted, in particular, the presence of the legislator's claim to the implementation of a comprehensive (integrated) regulation of relations related to environmental protection. In this case, an attempt is considered to be broader, in comparison with the Law, which operated earlier, the elaboration of a mechanism related to the regulation of this area. In relation to the previously effective law, some experts expressed claims that were justified and related to the fact that there were no requirements related to the assessment of the environmental impact of the activities that were planned, environmental certification, environmental audit. The new law, despite its shortcomings, contains some provisions related to these instruments. The normative legal act deals with environmental auditing. However, this procedure is discussed only in the article that contains the basic concepts. Also, the law contains general provisions related to environmental entrepreneurship.

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

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

Based on the conditions that are associated with the development of the market economic system, the requirements that are presented in Article 53 of this law and which relate to the fact that when nationalization or privatization of property, measures should be taken to protect the environment and compensate for its harm, are justified ...

When assessing the merits of Article 65, which deals with state environmental control, it is necessary to bear in mind the traditionally problematic practice of organizing state management of nature management and environmental protection, which takes place in the Russian Federation.

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

In the process of regulation in Article 75 of the types of liability associated with violation of legislation related to environmental protection, it is customary to distinguish the following types of liability:

Property liability;

Disciplinary responsibility;

Administrative responsibility;

Criminal liability.

Liability under the previous law is excluded.

In this case, the position of the legislator is quite justified. The material liability associated with environmental offenses, which is applied in the organization based on the norms of labor legislation, does not carry environmental content or environmental characteristics.

Nevertheless, despite the advantages described above, this is legal, many experts also criticize it, which is not unfounded.

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

The disadvantage of the law is also the fact that it contains a significant number of provisions that can be called declarative. The law does not regulate procedural relations; it lacks modern means of legal technology.

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

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On December 20, 2001, the State Duma of the Russian Federation adopted the Law "On Environmental Protection" and signed on January 10, 2002 by the President of the Russian Federation. The adopted law replaced the Law on Environmental Protection of December 19, 1991.

The Law "On Environmental Protection" is a comprehensive head legislative act of direct action and solves three tasks:

1. Conservation of the natural environment;

2. Prevention and elimination of the harmful effects of economic activities on nature and human health;

3. Improving the quality of the environment.

This law is an act of direct influence, that is, its articles operate without any additional instructions, regulations, etc.

The main objective of the law is to ensure a scientifically based combination of environmental and economic interests to preserve a healthy, clean environment. The standards of environmental quality, standards of permissible impact on the environment, as well as standards of permissible emissions and discharges of pollutants, etc. are substantiated.

This law formulates environmental requirements for sources of harmful effects on the environment and human health.

The Law "On Environmental Protection" consists of chapters XVI, containing 84 articles, in which are presented:

General provisions;

Fundamentals of Environmental Management;

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

Economic regulation in the field of environmental protection;

Rationing in the field of environmental protection;

Environmental impact assessment and ecological expertise;

Requirements in the field of environmental protection in the implementation of economic and other activities;

Zones of ecological disasters, zones of emergency situations;

Natural objects under special protection;

State monitoring of the environment;

Control in the field of environmental protection. Environmental monitoring;

Scientific research in the field of environmental protection;

Fundamentals of the formation of ecological culture;

Responsibility for violation of legislation in the field of environmental protection;

International cooperation in the field of environmental protection;

Final provisions.

The central theme of the Law is the protection of human health from the adverse effects of the environment. A person is considered as a subject of impact on the environment, responsible for the consequences of his activities, and as an object of such impact, endowed with appropriate rights and guarantees for compensation for harm caused.

The mechanism for enforcing the norms of this law consists of a system. including economic incentives for an economic entity, as well as administrative and legal impact on violators.

The main acts of environmental legislation in the Russian Federation

After the adoption of the Constitution of the Russian Federation, the legislation of the Russian Federation was almost completely revised, including the environmental one. The main acts of environmental legislation are given in Table 3.1.

Table 3.1 Main acts of environmental legislation in the Russian Federation.

Natural resource legislation includes regulations governing the protection and use of certain types of natural resources: the Land Code of the Russian Federation (2001), the Forest Code of the Russian Federation (1997), the Water Code of the Russian Federation (1995), the Law of the Russian Federation "On Subsoil" (1992), The Law "On Specially Protected Natural Areas" (1995), the Law of the Russian Federation "On the Protection of Atmospheric Air" (1999), the Federal Law "On the Animal World" (1995).

Environmental legislation includes regulations governing environmental protection in general: the RF Law "On Environmental Protection" (2002), the Federal Law "On Environmental Expertise" (1995), "On the Radiation Safety of the Population" (1995), "On the safety of handling pesticides and agrochemicals" (1997) and others.

The current land code of the Russian Federation was adopted in 2001.

The first land code of the RSFSR was adopted in 1992 by the All-Russian Central Executive Committee. He proclaimed state ownership of land and the withdrawal of land from civilian circulation. The second land code of the RSFSR was adopted by the Supreme Soviet of the RSFSR in June 1970. This was the code of the period of developed socialism, which confirmed the complete domination of the collective and state farm forms of farming. The 1991 Land Code is a code for the abolition of the exclusivity of state ownership of land and other natural resources.

The 1992 Law of the Russian Federation "On Subsoil" establishes legal relations in the study, use and protection of subsoil.

This law establishes strict licensing, introduces payments for the use of subsoil for various purposes and the distribution of the share of income received by the subsoil user. There are many complex and unresolved problems in subsoil use: depletion of mineral resources, disposal of rock dumps, disposal of toxic and radioactive waste.

The Fundamentals of Forestry Legislation (1997) sets out the requirements for forest management. The main legal norms are aimed at the use of forests as a natural resource. Forest reproduction. Protection and protection of forests. It can be divided into five groups of legal norms: forestry (forest management, forest reproduction, protection and protection of the left, etc.), forest resources (planning and use of forests as a natural resource), forest land (use of forest lands), management (compensation forest management bodies), environmental, which relate to the principles of organizing forestry, the distribution of forests into groups by protection categories, protection of forests from fires, illegal logging, from pollution, depletion, etc.

The Water Code of the Russian Federation (1995) regulates legal relations in the field of the use and protection of water bodies, determines the procedure for acquiring and terminating the rights of the user of water bodies, establishes responsibility for violation of water legislation. Legal norms are aimed at the rational use of water. They are protected from pollution, clogging and depletion.

The legal basis for the protection of atmospheric air is reflected in the law of the Russian Federation on environmental protection, as well as in the law "On the protection of atmospheric air" (1999).

Important general measures for the protection of the air basin are the establishment of standards for maximum permissible harmful effects (MPC, MPE) and payments for emissions of pollutants into the atmosphere.

On the basis of and in pursuance of the Constitution of the Russian Federation, Federal Laws, and normative decrees of the President of the Russian Federation, the Government issues decrees and orders, and is also responsible for their implementation. A government decree is also a regulatory legal act. Government regulations on environmental issues can be divided into three groups:

The first group includes those laws that are adopted in pursuance of the law to concretize individual provisions. For example, the Regulation on the Ministry of Environmental Protection and Natural Resources, approved by the decree of the Government of the Russian Federation of February 22, 1993 No.

The third group of resolutions of the Government of the Russian Federation includes normative legal acts for further legal regulation of economic relations. Such an act should be considered the government decree of November 4, 1993 on the creation of the Russian system of warnings and actions in emergency situations.

Environmental ministries and departments are empowered to issue regulations within their competence. They are intended for mandatory execution by other ministries and departments, individuals and legal entities. For example, the Russian Ministry of Natural Resources issues normative orders, instructions and regulations on environmental protection and the use of natural resources.

An important role is played by regulatory rules - sanitary, construction, technical and economic, technological, etc. These include environmental quality standards: standards for permissible radiation, noise level, vibration, etc.

The formation of environmental legislation that meets modern tasks of ensuring sustainable development and environmental improvement began in the Nizhny Novgorod region in 1995 with the adoption of the Charter of the Nizhny Novgorod region, which enshrined constitutional environmental priorities for the region. The fifth chapter of the Charter reflects the foundations of the environmental and social policy of the region. Article 19 of Chapter 5 notes that "land, water, forest and other natural resources are used and protected in the region as the basis for the life of the present and future generations of its inhabitants." Obligation of the state ecological expertise is ensured in the region. Regional laws and other regulatory legal acts establish limits, environmental standards and regulatory fees for the use of natural resources and environmental pollution, tax and credit benefits are provided when introducing environmental and resource-saving technologies.

In the Nizhny Novgorod region, activities should not be allowed, the consequences of which may lead to a deterioration of the environmental situation. The list of environmentally hazardous activities and sources of environmental hazards in the Nizhny Novgorod region is established by the decision of state authorities. All types of environmentally hazardous activities can only be carried out on the basis of a license. Environmentally hazardous facilities on the territory of the Nizhny Novgorod region must have a certificate of environmental safety of the facility.

According to the Constitution, every citizen has the right to a favorable environment. At the same time, the obligation arises to preserve nature, to take care of its riches. Natural resources act as the basis for sustainable development, the life of all the peoples of Russia. Legal regulation of the sphere of nature protection is carried out by the corresponding Federal Law.

Environmental Protection Law: General Information

The normative act establishes the principles in accordance with which the protection of nature is carried out. The legal foundations of the document ensure a balance in resolving socio-economic issues, preserving favorable environmental conditions, biological diversity and resources to meet the needs of present and future generations, and monitoring the implementation of the requirements of environmental legislation. A normative act regulates relations that are formed in the process of carrying out economic and other activities related to the impact on nature.

Principles

The Federal Law "On Environmental Protection" defines the general requirements for entities engaged in economic and other activities that have an impact on nature. The functioning of enterprises and the work of citizens should be carried out in accordance with the following principles:

Objects to be protected

Their list is established by the 7th Federal Law (Federal Law "On Environmental Protection"). Objects subject to protection from depletion, pollution, damage, degradation, destruction and other negative impact of economic or other activities include:

Special categories

The RF Law "On Environmental Protection" establishes a list of objects subject to priority protection. These include ecosystems, natural complexes and landscapes that have not been subjected to anthropogenic influence. The Law "On Environmental Protection" also defines the category of objects subject to special protection. This list includes:

• state reserves, sanctuaries;
• botanical gardens;
• natural monuments;
• dendrological and national parks;
• health-improving and resort areas;
• permanent living environment of small indigenous peoples.

In this category, the Law "On Environmental Protection" includes objects included in the World Heritage List, as well as those of special historical, cultural, scientific, recreational, aesthetic or other valuable value, disappearing and rare soils, forests and other vegetation, animals and other organisms and their ranges.

Citizens' rights

The Federal Law "On Environmental Protection" was adopted in pursuance of the Constitutional provisions related to the field of environmental safety. In this regard, the normative act spelled out the rights of citizens in this area. In particular, the Law "On Environmental Protection" establishes that every Russian can send appeals to state, regional or local authorities, organizations and officials for timely receipt of complete and reliable data on the state of nature in the territory of their residence. Citizens also have the right to get acquainted with information on environmental safety measures. The Law "On Environmental Protection" allows the formation of public associations, other non-profit structures (foundations, etc.) to carry out activities related to the protection of nature. Citizens can participate in demonstrations, processions, rallies, picketing, referendums, collecting signatures for the adoption of petitions on environmental issues, as well as in other actions that do not contradict regulatory enactments. The Law "On Environmental Protection" provides for the right of individuals to apply to the court with claims for compensation for damage to nature.

Responsibilities

In accordance with the law, citizens must:

1. Protect natural resources.
2. Conserve the environment.
3. Comply with other environmental requirements.

Interaction with government agencies

Citizens have the right to put forward proposals for the implementation of environmental impact assessment and take part in it in accordance with the established procedure. Individuals can assist local, state or regional authorities in addressing environmental issues. The Law "On Environmental Protection" provides for the right of any citizen to apply to authorized structures with statements, complaints and proposals regarding the protection of nature.

General characteristics of the Federal Law "On Environmental Protection".

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

the rights of citizens to a healthy and favorable natural environment;

economic mechanism for environmental protection;

rationing the quality of the environment;

state ecological expertise;

environmental requirements in the design, construction, reconstruction, commissioning of enterprises, structures and other facilities;

environmental emergencies;

specially protected natural areas and objects;

environmental control;

environmental education, education, research, etc.

The Federal Law "On Environmental Protection" defines the legal framework of state policy in the field of environmental protection, ensuring a balanced solution of socio-economic problems, preserving a favorable environment, biological diversity and natural resources in order to meet the needs of present and future generations, strengthening the rule of law in the field of protection environment and environmental safety.

The Federal Law "On Environmental Protection" regulates relations in the field of interaction between 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 continental shelf and in the exclusive economic zone of the Russian Federation.

The Federal Law consists of 16 chapters (84 articles).

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

Chapter 2. Fundamentals of management in the field of environmental protection (powers of state authorities of the Russian Federation, constituent entities of the Russian Federation, local self-government, delineation of powers);

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

Chapter 4. Economic regulation in the region. okhr. env. Wednesday;

Chapter 5 Rationing in LLCS;

Chapter 6. Environmental Impact Assessment. environment (assessment, environmental impact assessment);

Chapter 7. Requirements in LLCS in the implementation of economic and other activities;

Chapter 8. Zones of ecological disasters, zones of emergency situations (order of establishment);

Chapter 9. Natural objects under special protection;

Chapter 10. State monitoring of the environment (organization);

Chapter 11. Control in the field of environmental protection (environmental control) (control tasks, state control, rights and obligations 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 LLC and environmental safety;

Chapter 15. International cooperation in OOOS (principles of medical staff, international treaties);

Chapter 16. Final provisions.

The provisions of the legislation in the field of environmental safety are aimed at preserving the environment and natural resources. This approach is due to the prescription of the Constitution that every citizen has the right to a favorable environment for life. The Russian Federation has several laws that regulate environmental issues.

The environmental laws of the Russian Federation are aimed at protecting and ensuring the country's natural resources. The provisions of the legislation apply not only to the consequences of human activity. Prescriptions are established to eliminate man-made and natural disasters, as well as to minimize their damage to the environment.

A number of legal acts are in force in Russia to regulate the relevant provisions. adopted on 19 July 1995. The purpose of the document is to ensure the constitutional right of citizens to a favorable environment and prevent negative impacts. Federal Law 174 resolves the following issues:

• powers of the President of the Russian Federation, federal and regional authorities;
• carrying out state ecological expertise;
• the rights of citizens and public organizations, as well as customers of the documentation on the examination;
• financial security, international treaties;
• responsibility for violations of the law, as well as the procedure for resolving disputes that arise.

Federal Law "On Production and Consumption Waste" 89 FZ adopted on May 22, 1998. It regulates the issues of treatment and disposal of waste that may harm citizens or the environment. The possibilities of recycling and reuse are taken into account. The provisions of Federal Law 89 regulate the following aspects:

• powers of the Russian Federation, its regions and local self-government bodies;
• general requirements for waste management;
• rationing, state accounting and reporting system;
• economic regulation of the tasks set;
• regulation of actions aimed at the management of municipal solid waste;
• system of state supervision over the execution of prescriptions;
• responsibility for violations.

Regulates issues aimed at protecting the health of citizens and ensuring a favorable ecological environment for life. The document regulates the following legal norms:

• rights and obligations of citizens, individual entrepreneurs and legal entities;
• sanitary and epidemiological requirements for ensuring environmental safety and environmental protection;
• provision of preventive measures;
• state regulation of prescribed actions and organization of state federal supervision;
• responsibility for violation of the prescribed norms.

Federal Law "On the Protection of Atmospheric Air" 96 FZ adopted on April 2, 1999 and regulates aspects related to the prevention of atmospheric air pollution. This is due to the fact that such, according to Federal Law 96, is a vital component for the life of humans, plants and animals. On the basis of this opinion, legal norms for the protection of atmospheric air are established. They are expressed in the following provisions:

• formation of management in the field of atmospheric air protection;
• organization of relevant activities;
• state registration of sources of harmful effects on the atmosphere;
• provision of state supervision and economic mechanism of protection and regulation;
• rights of citizens and legal entities in the field of atmospheric air protection;
• responsibility for violation of this law;
• international agreements and cooperation of the Russian Federation.

The main environmental law is Federal Law 7 "On environmental protection"... The document regulates general aspects related to environmental safety. The legal norms of interaction between society and nature, arising in the course of the economic activities of citizens, are prescribed.

Description of the environmental law

The Federal Law on Environmental Safety of the Russian Federation "On Environmental Protection" was adopted on December 20, 2001. In structure, it consists of several chapters that combine thematic provisions of legislation on environmental safety. Federal Law 7 contains the following legal norms:

• general provisions that regulate the basic concepts of the law and the legal principles on which it is based, the categories of objects that negatively affect the environmental situation are also taken into account;
• fundamentals of environmental management- the powers of federal, regional and municipal bodies of state power, the delineation of rights and the management system are determined;
• rights and obligations of citizens, public associations and legal entities prescribed in the context of the state system of measures to ensure environmental safety;
• principles of economic regulation are based on the penalty for negative impact and the determination of persons who are obliged to pay the appropriate fee on a regular basis; a control system and state support for activities aimed at ensuring environmental safety are also prescribed;
• environmental regulation- standards for permissible actions in violation of ecology are determined;
• environmental impact assessment and the procedure for conducting environmental impact assessment;
• environmental safety requirements when carrying out certain types of economic or other activities;
• ecological disaster zone designation procedure and emergencies;
• accounting of natural objects that are listed under special protection, their legal regime and measures aimed at their preservation;
• forest park green belts- their creation, placement of information about them, principles of protection;
• state environmental supervision the situation, the functioning of its unified system and the support fund;
• state environmental supervision - ensuring production and public control, accounting of facilities, the activities of which have a negative impact on the environment;
• defining the principles of environmental research;
• the foundations of the formation of ecological culture- measures aimed at education and enlightenment of citizens;
• liability for violations of the law- its types, the procedure for resolving disputes, compensation for damage caused and limitation of the activities of the relevant facilities;
• elimination of accumulated harm to the environment- identification of such and the organization of measures to eliminate;
• principles of international cooperation Of the Russian Federation on environmental safety.

V final provisions Law 7 FZ includes instructions on its entry into force, as well as bringing other legislative acts into legal compliance. The law came into force on the day of its official publication - January 10, 2002. Since then, it has undergone a number of changes aimed at eliminating inaccurate wording and updating legal norms. The last amendments were made in 2016.

Changes in the law on ecology

Amendments to the environmental law "On environmental protection" were last introduced in 2016. The amendments were introduced by various documents on April 5, June 23 and July 3. The general list is determined by the following changes:

• v Articles 1, 19, 29 and 70 after the words " the documents"The words" , federal rules and regulations»In the corresponding cases;
• article 78 the law on ecology was supplemented with clause 2.1 on accounting for the costs of eliminating environmental damage;
• was added chapter 14.1 on elimination of harm caused to the environment, the corresponding amendments were also made to Articles 1, 5.1, 28.1 and 65;
• to the law on ecology introduced chapter 9.1 on forest park green belts, the wording of Article 44 was additionally corrected, and paragraphs 4-7 were added to Article 68 on the ability of citizens to assist state services in ensuring environmental safety;
• to point 1 article 50 added a paragraph on the prohibition of the cultivation of plants and animals with genetically engineered material, the only exceptions are scientific research and expert examination.