RF LAW "ON ENVIRONMENTAL PROTECTION"

Since the adoption of the new the federal law"On the Protection of the Environment", the previous Law of the RSFSR "On the Protection of the Environment" natural environment" has expired. When the previous legal act regulating this sphere of society's life 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 country development.

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 management in the field of environmental protection.

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 environmental monitoring (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 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 determines the foundations that characterize the state policy in terms of environmental protection, and these foundations ensure a balanced solution to problems that relate to socio-economic. The foundations enshrined in laws are designed to preserve a favorable environment, biodiversity and natural resources in order to meet the needs of present as well as future generations, strengthen the rule of law in the field related to environmental protection, and ensure environmental safety. The law regulates relations related to the interaction of society and nature that 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, as well as 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, one can note, in particular, the presence of the legislator's claim for the implementation of a comprehensive (comprehensive) regulation of relations related to environmental protection. In this case, an attempt is being made to develop a broader, in comparison with the Law that was in effect earlier, development of a mechanism related to the regulation of this area. In relation to the previous law, some experts expressed claims that were justified and related to the fact that it did not contain requirements related to the assessment of the impact on the environment of the activity that was planned, environmental certification, and environmental audit. The new law, despite its shortcomings, contains some provisions regarding these instruments. In a legal act in question on environmental audit. However, this procedure is discussed only in the article that contains the basic concepts. The law also includes general provisions related to environmental entrepreneurship.

Based on the provisions contained in the concept related to sustainable development, great importance is given 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 refers to the level of design of an enterprise and other facilities. As such an implementation criterion is the criterion that those technologies that correspond to the best should be implemented.

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

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

According to the new law, it is prohibited to combine functions related to state control in the field of environmental protection with functions related to economic use 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 single out the following types of liability:

Property liability;

Disciplinary responsibility;

Administrative responsibility;

Criminal liability.

Liability, which was provided by the previous law, is excluded.

In this case, the position of the legislator is quite reasonable. Liability associated with environmental offenses, which will be applied in the organization based on the norms of labor legislation, does not carry environmental content or environmental characteristics.

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

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

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 facilities legal technology.

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

hunting legislation responsibility supervision

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 regulating environmental issues.

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

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

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

Federal Law "On production and consumption waste" 89 FZ adopted on May 22, 1998. It regulates the handling and disposal of waste that can harm citizens or the environment. The possibilities of processing 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 authorities self-government;
• general requirements for waste management;
• rationing, state accounting and reporting system;
• economic regulation of the tasks set;
• regulation of actions aimed at handling municipal solid waste;
• the system of state supervision over the execution of orders;
• liability for violations.

Regulates issues aimed at protecting the health of citizens and ensuring an environmentally friendly environment. 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 April 2, 1999 and regulates aspects related to the prevention of air pollution. This is due to the fact that according to Federal Law 96 it is a vital component for the life of humans, plants and animals. Based on this conclusion, legal norms for the protection of atmospheric air are established. They are expressed in the following terms:

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

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

Description of the law on ecology

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

• general provisions, regulating the basic concepts of the law and the legal principles on which it is based, 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 are determined state power, differentiation of rights and management system;
• rights and obligations of citizens, public associations and legal entities are prescribed in the context of the state system of measures to ensure environmental safety;
• principles economic regulation based on a charge for negative impact and determination of persons liable to pay the appropriate fee on a regular basis; a control system is also prescribed and governmental support activities aimed at ensuring environmental safety;
• regulation in the field of environmental protection– standards for permissible actions in violation of the environment are determined;
• environmental impact assessment and the procedure for conducting an environmental review;
• environmental safety requirements when carrying out certain types of economic or other activities;
• procedure for establishing zones of ecological disasters and emergency situations;
• accounting for natural objects which are listed under special protection, their legal regime and measures aimed at their conservation;
• forest park green belts– their creation, placement of information about them, principles of protection;
• state environmental supervision for the situation, its functioning unified system and an endowment fund;
• state environmental supervision — ensuring production and public control, accounting for objects whose activities adversely affect the environment;
• definition of principles for conducting scientific research of ecology;
• foundations for the formation of ecological culture- Measures aimed at educating and enlightening citizens;
• responsibility for breaking the law- its types, the procedure for resolving disputes, compensation for damage and restriction of the activities of the relevant facilities;
• elimination of accumulated environmental damage- identification of such and organization of measures to eliminate it;
• principles of international cooperation Russian Federation on environmental safety issues.

AT 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 formulations 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" last time were submitted 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:

• in articles 1, 19, 29 and 70 after the words " documentation" the words " , federal rules and regulations» in the appropriate cases;
• article 78 of the law on ecology was supplemented with paragraph 2.1 on accounting for the costs of eliminating damage to the environment;
• was added chapter 14.1 on elimination of harm caused to the environment, 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 adjusted, and paragraphs 4-7 were added to Article 68 on the possibility of citizens to provide assistance public services in ensuring environmental safety;
• to point 1 article 50 a paragraph has been added on the prohibition of growing plants and animals with genetically engineered material, with the exception of research work and expert examination.

In January 2002, a new federal law "On Environmental Protection" came into effect. This law replaced the law of the RSFSR "On the Protection of the Environment", adopted in 1991. During 2004-2008, the law was amended to clarify the powers of the subjects of the Russian Federation and municipalities in the field of environmental protection.

The Law on Environmental Protection consists of 16 chapters:

Chapter I. General provisions.

Chapter II. Fundamentals of management in the field of environmental protection.

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 environmental monitoring (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 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.

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

Lands, bowels, soils;

Surface and ground waters;

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

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

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

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

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

Holding economic evaluation the impact of economic and other activities on the environment;

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

Establishment of payment for negative impact on the environment;

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

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

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

The Law refers to the environmental quality standards the standards established in accordance with the chemical, physical and biological indicators of the state of the environment.

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

Standards for permissible emissions and discharges of substances and microorganisms;

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

Standards for permissible removal of components of the natural environment;

Standards for permissible anthropogenic load on the environment.

As one of the elements of the implementation of environmentally sound economic activities, the Law introduces voluntary and mandatory environmental certification.

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

Chapter 7 is devoted to the issues of environmental protection in the course of economic and other activities and includes the following articles containing requirements in the field of environmental protection in case of:

placement of buildings, structures, structures and other objects;

design of buildings, structures, structures and other objects;

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

commissioning of buildings, structures, structures and other facilities;

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

operation of agricultural facilities;

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

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

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

use of radioactive substances and nuclear materials;

production and operation of automobile and other vehicles;

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

the use of chemicals in agriculture and forestry;

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

waste management of production and consumption;

establishing protective and protection zones;

privatization and nationalization of property;

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

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

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

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

Chapter 11 federal law "On Environmental Protection" is dedicated to environmental control. In the Russian Federation, state, industrial and public control in the field of environmental protection is carried out. State environmental control is carried out by federal executive authorities and executive authorities of the constituent entities of the Russian Federation. At the same time, the list of objects subject to federal state environmental control is determined by the Government of the Russian Federation.

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

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

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

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

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

Also, the procedure for restricting, suspending or terminating the activities of legal entities and individuals carried out in violation of the legislation in the field of environmental protection has been changed. If earlier the supervisory authorities could suspend or terminate the activities of economic entities by their instructions, now the requirements for the restriction, suspension or termination of the activities of legal entities and individuals carried out in violation of the legislation in the field of environmental protection must be considered by the court or arbitration court.

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

December 20, 2001 State Duma 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” dated December 19, 1991.

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

1. Preservation of the natural environment;

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

3. Improve the quality of the environment.

This law is an act of direct influence, that is, its articles are valid without any additional instructions, rulings, etc.

The main objective of the law is to ensure a scientifically based combination of environmental and economic interests in order to maintain a healthy clean environment. The environmental quality standards, the standards for permissible environmental impact, as well as the standards for 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 XVI chapters containing 84 articles, which include:

General provisions;

Fundamentals of management in the field of environmental protection;

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 course of economic and other activities;

Zones of ecological disasters, zones of emergency situations;

Natural objects under special protection;

State environmental monitoring;

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 environmental impact, responsible for the consequences of his activities, and as an object of such impact, endowed with appropriate rights and guarantees to compensate for the harm caused.

The mechanism for the implementation of 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, including environmental legislation, was almost completely revised. The main acts of environmental legislation are given in Table 3.1.

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

Constitution of the Russian Federation (1993)
Environmental legislation	Environmental Safety	Natural resource legislation
Acts in force
Law of the Russian Federation "On Environmental Protection", 2002	Law of the RSFSR "On social protection Citizens exposed to radiation due to the disaster at the Chernobyl nuclear power plant, 1991 (with changes)	Land Code, 2001
Federal Law "On the Protection of Atmospheric Air", 1999	Law of the Russian Federation "On Security", 1992	Law of the Russian Federation "on payment for land", 1991 (as amended by the Laws of 1992, 1994, 1995)
Federal Law "On the sanitary and epidemiological welfare of the population", 1999	Law of the Russian Federation "On the protection of the population and territories from emergency situations of a man-made nature", 1994	Water Code, 1995
Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens, 1993 (as amended by the Laws of 1998)	Federal Law "On Radiation Safety of the Population", 1996	Law of the Russian Federation "On the Continental Shelf", 1995
Law of the Russian Federation "On ratification of the UN Framework Convention on Climate Change", 1994	Federal Law "On the use of atomic energy"	Law of the RSFSR "On Subsoil", 1992 (as amended by the Law of 1995).
Law of the Russian Federation "On Ratification of the UN Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal", 1994	Federal Law "On fire safety"	Federal Law "On the rates of deductions for the mineral resource base", 1995
Federal Law "On Ecological Expertise", 1995		Federal Law "On Production Sharing Agreements", 1995
Federal Law "On Specially Protected Natural Territories", 1995		Law on Animals, 1995
Federal Law "On the destruction of chemical weapons", 1997		Forest Code, 1997
Federal Law "On the Exclusive Economic Zone of Russia", 1998		Federal Law "On production and consumption waste", 1998
Legislative acts requiring development and/or approval
Federal Law "On environmental insurance"	Federal Law "On Environmental Safety"	Federal Law “On the delimitation of property rights to natural resources (“On Federal Natural Resources”)”.
Federal Law "On Environmental Funds"	Federal Law “On the Status of Ecological Trouble Zones”	Federal Law "On State Cadastres of Natural Resources"
Federal Law "On the Protection of Aquatic Biological Resources"	Federal Law "On the management of radioactive waste"	Federal Law "On flora»
Federal Law "On hunting and fishing"	Federal Law "On the energy and information well-being of the population"	Federal Law "On State Policy in the Field of Radioactive Waste Management".
Federal Law "On state regulation use of the protection of the green fund of urban settlements "	Federal Law "On drinking water»
Federal Law "On state regulation in the field of environmental education"

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), Law “On Specially Protected Natural Territories” (1995), Law of the Russian Federation “On Protection of Atmospheric Air” (1999), Federal Law “On Wildlife” (1995).

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

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 the state's ownership of land and the withdrawal of land from civil circulation. The second land code of the RSFSR adopted Supreme Council RSFSR in June 1970. It was the code of the period of developed socialism, which approved the complete dominance of the collective farm and state farm form of management. Agriculture. The 1991 Land Code is a code for the abolition of exclusivity state property land and other natural resources.

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

This law establishes strict licensing, introduces payment 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 mineral resources, disposal of rock dumps, burial of toxic and radioactive waste.

Fundamentals of Forest Legislation (1997) fix the requirements for forest management. The main legal norms are aimed at the use of the forest as a natural resource. Reproduction of forests. Protection and protection of forests. Five groups of legal norms can be distinguished in it: forestry (forestry management, reforestation, protection and protection of the left, etc.), forest resources (planning and use of forests as a natural resource), forest land (use of forest fund lands), management (compensation forest management authorities), environmental, which relate to the principles of organizing forestry, the distribution of forests into groups according to protection categories, the protection of forests from fires, illegal logging, pollution, depletion, etc.

The Water Code of the Russian Federation (1995) regulates legal relations in the field of use and protection of water bodies, determines the procedure for acquiring and terminating the rights of a user of water bodies, and establishes liability for violation of water legislation. Legal norms are aimed at the rational use of water. Their protection 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 is the establishment of standards for maximum permissible harmful effects (MAC, MPE) and fees for emissions of pollutants into the atmosphere.

On the basis of and in pursuance of the Constitution of the Russian Federation, Federal laws, regulatory decrees of the President of the Russian Federation, the Government issues resolutions and orders, being also responsible for their implementation. The Decree of the Government is also a normative legal act. Government resolutions on environmental issues can be divided into three groups:

The first group includes those laws that are adopted in pursuance of the law to specify individual provisions. For example, the Regulations 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 of further legal regulation of economic relations. Such an act should be considered the Government Decree of November 4, 1993 on the creation Russian system warnings and emergency response.

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 Ministry of Natural Resources of Russia issues regulatory 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: norms for permissible radiation, noise levels, vibration, etc.

The formation of environmental legislation that meets the current challenges of 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 fixed the constitutional environmental priorities for the region. The fifth chapter of the Charter reflects the fundamentals 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 of life for the present and future generations of its inhabitants." The obligatory nature of the state ecological expertise is ensured in the region. The laws of the region and other regulatory legal acts establish limits, environmental standards and regulatory fees for the use of natural resources and environmental pollution, provide tax and credit benefits for the introduction of environmental and resource-saving technologies.

In the Nizhny Novgorod region, activities should not be allowed, the consequences of which may lead to the deterioration of the environmental situation. List of environmentally friendly dangerous species activities and sources of environmental hazard in the Nizhny Novgorod region is established by the decision of the 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 necessarily have a certificate of environmental safety of the facility.

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

Introductory chapter What is ecology?

Chapter I Environmental Factors and Resources

Chapter II Ecology of the individual (autecology)

Chapter III Fundamentals of the Doctrine of Population

Chapter IV Biocenoses, Ecosystems, Biosphere

Chapter V Ecosystems of Urbanized Landscapes

Chapter VI Biocenotic patterns of urban evolution

Chapter VII Laws of ecology and human activity

Chapter VIII Russian Environmental Legislation

Appendix

We already know that a person is not opposed to his environment, he is a part of it. It does not need special protection, because the main components of the cycle of matter are not “maintained” by humans.
and by no means higher organisms, but an immense multitude of the most primitive organisms, the limits of tolerance and adaptability of which are unusually large. So the protection of the environment always comes down to the regulation of the environment-transforming activity of a person, and there is no need to talk about citizens here, they are not able to destroy their own habitat. He is being destroyed public structures, most often not heeding the calls of citizens. Therefore, it cannot be said that the environment was transferred to the possession of some people and is their property. After all, you can squander your wealth! The natural environment destroyed in some local place on the planet is a threat to the entire population of the Earth.

So, a person cannot use the environment as his property, being himself a part of the natural environment. A citizen is not able to sufficiently damage his environment, and society is able to do this without his knowledge and consent. Arbitrary and complete use of the resources of the natural environment is practically impossible. However, each state needs a law on environmental protection. Our state adopted in 1963 the Law of the RSFSR"On the protection of nature" . With state reforms, by 1985 it was outdated. Instead, the Supreme Council of the Russian Federation adopted on December 19, 1991 the Law of the Russian Federation "On the Protection of the Environment” . Before that we had no common law
in the field of environmental protection.

The 1991 law was characterized by the following main features:

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

2. The law determines the measure of a reasonable combination of environmental and economic interests, with the priority of protecting human health. That is, maximum permissible norms for the impact of economic activity on the environment are established, the excess of which creates a danger to human health.

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

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

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

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

The law contained 15 sections divided into 94 articles.

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

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

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

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

It also formulated the basic principles of environmental protection, which should guide any individual and legal entity in the country. Here are some of them:

observance of the human right to a healthy environment;

security favorable conditions human life;

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

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

payment for nature use and compensation for damage to the environment;

independence of environmental control;

presumption of ecological danger 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, provision of favorable living conditions, as well as the responsibility of public authorities and the obligation to conduct a state environmental review. The priority of preserving natural ecological systems is also stipulated. The obligation to participate in environmental protection activities of state authorities of the Russian Federation, constituent entities of the Russian Federation, local self-government, public and other non-profit associations of legal entities and individuals is introduced.

The last article of this chapter lists the objects of environmental protection. These are lands, bowels, soils, surface and underground waters, and, in addition, atmospheric air, the ozone layer of the atmosphere
and near-Earth space. Of wildlife, these are forests
and other vegetation, animals and other organisms and their genetic fund.

As a matter of priority, natural ecological systems, natural landscapes and natural complexes, not subjected to anthropogenic impact .

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

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

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

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

AT fourth chapter The law, as in the previous one, proposes economic mechanisms for the protection of the natural environment, their tasks, planning and accounting of resources. Limits on nature use, payment for the use of resources, environmental insurance, environmental funds and economic incentives for environmental protection are also determined here. Chapters 14 to 18 detail both 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.

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

sixth chapter consists of only two articles and contains a description of the environmental impact assessment procedure and the procedure for conductingecological expertise. Its goals are defined, the obligatory nature of such an examination is introduced when making any economic decisions. The objects of state environmental expertise, the obligation of public environmental expertise are considered, and both responsibility for failure to comply with the requirements of the expertise and the responsibility of experts are determined.

The most voluminousseventh chapter The law defines environmental requirements for the placement, design, construction, reconstruction, commissioning and operation of enterprises, structures and other facilities. It lists the rules for the storage, use and destruction of chemical, biological, industrial and household waste, protection of the earth's ozone layer. This chapter contains articles 32 to 56, at the end of which the possible suspension of activities is stipulated if they are carried out in violation of the requirements specified in this chapter.

AT eighth chapter in just one article the procedure for establishing zones of ecological disaster is described and emergency ecological situations are considered. The signs are determined according to which territories are distinguished as zones of ecological emergency and zones of ecological disaster, and measures are given to eliminate such zones and ways to finance these expensive activities.

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

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

National natural parks called withdrawn from economic use, specially protected natural complexes of ecological, genetic, scientific, ecological, educational, recreational value, as typical or rare landscapes, community habitats wild plants and animals, places of rest, tourism, excursions, education of the population.

Monuments of nature individual unique natural objects and natural complexes are considered to be of relic, scientific, historical, environmental and educational significance and in need of special state protection.

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

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

AT tenth chapter article 63 describes state environmental monitoring. The order of 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 is not specified in the article.

Chapter Eleven The law is devoted to environmental control over the state of the environment. Its tasks and significance are explained, the hierarchy of the control service is introduced - state, industrial, public. Undoubtedly, the rights of state controlling officials turned out to be much greater than those of public controlling organizations. Public control in this chapter, consisting of 6 articles, is assigned only two positions in Article 68.

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

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

The new chapter that appeared in this version of the Law is Chapter 13, is devoted to the basics of the formation of ecological culture. It is represented by four articles, and since they are the only ones in the text of the Law that are related to environmental education and environmental education activities, we will quote the chapter in its entirety.

Article 71. Generality and complexity of environmental education.

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

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

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

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

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

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

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

Article 74 . Environmental education.

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

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

Thus, unlike the previous law, the new law significantly strengthens the state component and no longer specifies the rights of citizens and their priority in such detail. Despite what's left Information Support citizens in the field of environmental quality, here the role of the Government of the Russian Federation in organizing a system of universal and continuous environmental education and education of all citizens of the country is already completely excluded. This was to be 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 upbringing. In republics, autonomous regions and districts, in territories, regions and local self-government bodies, the organization of universal environmental education, upbringing and enlightenment was mandatory prescribed by law, as an essential attribute of environmental protection. Unfortunately, very little of these provisions remained, which made it possible, since the adoption of this new law, to practically curtail the teaching of ecology in educational institutions. We will return to this topic in chapter 13 of the Law.

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

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

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

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

Unfortunately, definitions of specially protected territories have been withdrawn from the Law. We quote these definitions from the text of the previous Law. Here they are: " State natural reserves considered withdrawn forever from economic use and not subject to withdrawal for any other purposes, specially protected by law, natural complexes (land, subsoil, animal world), which have environmental, scientific, environmental and educational significance, as standards of the natural environment, typical or rare landscapes, places of conservation of the genetic fund of plants and animals.

There, scientists conducting such developments were provided with state support, and they were members of expert councils, giving opinions on the environmental impact assessment of projects, participated in solving practical problems of rational environmental management, and the formation of an ecological culture of society. And, most importantly, they were personally responsible for scientific results their developments.

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

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

- pollution of the environment and causing damage to human health, flora and fauna, property of citizens and legal entities as a result;

— damage, damage and destruction of natural objects, including natural monuments, depletion and destruction of nature reserves and natural ecological systems;

- violation of the established procedure or rules for obtaining, collecting, harvesting, selling, buying up, acquiring, exchanging, sending, importing and exporting abroad objects of flora and fauna, products from them, as well as botanical, zoological and mineralogical collections;

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

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

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

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

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

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

- economic activity carried out on the territory of the state should not cause damage to the natural environment both within and outside its jurisdiction;

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

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

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

- States should provide assistance to each other in emergency environmental situations;

- all disputes related to problems of the natural environment 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.