Objects of environmental protection. Objects of legal environmental protection

(natural systems; natural resources and other objects of protection; specially protected areas and objects)

Under the objects of protection environment means its component parts, which are in an ecological relationship, the relations for the use and protection of which are regulated by law, since they are of economic, environmental, recreational and other interest. Objects are classified into three groups.

Natural systems

This group includes ecological systems and the ozone layer that are of global importance. They provide a continuous process of metabolism and energy within nature, between nature and man, representing the natural habitat of man. As already noted, the environment and its protected objects are understood only as natural components: the range of natural habitats protected by law does not include human-made commodity objects; parts of nature that have emerged from the ecological connection with nature (water withdrawn from it - in the tap, withdrawn from natural conditions animals); elements of nature that are currently not of social value or whose protection is not yet possible.

For example, the ozone layer is a critical part near-earth space, seriously affecting the state of heat exchange between the Earth and Space. States are taking measures to protect it, (they are discussed in more detail in the topic of protection atmospheric air). Not all of them are being implemented sufficiently. It is even more difficult for states to come to an agreement and protect the space farther from the Earth from pollution by aircraft, research and observation devices.

Natural or geographical landscapes are subject to protection - natural complexes, which include natural components that are in interaction, forming the terrain. Typical landscapes are mountainous, foothills, flat, hilly, lowlands. They are taken into account and used in the construction of cities, road construction, and the organization of tourism.

Thus, protection from pollution, damage, damage, exhaustion, destruction is subject to what is on the territory of Russia or above it, as well as what can be protected with the help of modern technical means and through legal regulation.

Natural resources and other objects of protection

There are six main individual natural resources and objects subject to protection: the earth, its subsoil, waters, forests, fauna, atmospheric air (separate topics in a special part of the textbook are devoted to the analysis of their protection).

Land is understood as the surface covering the fertile soil layer. The most valuable are agricultural land intended for agriculture (arable land) and animal husbandry. They cannot be replaced by anything, they are subject to wind and water erosion, clogging and pollution and therefore deserve increased protection. Agricultural lands account for 37% of all land in the country, but their area is constantly decreasing due to the growth of cities, the construction of roads, reservoirs, the laying of power lines and communications. Non-agricultural land serves as a spatial operational basis for the placement of other sectors of the national economy.

Subsoil is considered to be part crust, located below the soil layer and the bottom of reservoirs, extending to depths available for study and development. The surface of the earth also belongs to the subsoil, if it contains mineral resources. There are two main problems - complex use mineral resources in view of their non-renewability and burial in the bowels of waste, especially toxic. The legal regulation of the protection of the subsoil of the earth is carried out in the Federal Law "On Subsoil" 1995 SZ RF. 1995. No. 10. Art. 283.

Water - all water in water bodies. Waters can be surface and underground; water body- This is the concentration of waters on the surface of the land in the forms of its relief or in the depths, which has boundaries, volume and features of the water regime. The main task in the use of water is the provision of adequate drinking water supply, prevention of pollution and depletion of water from industrial and domestic discharges See: On the state of water supply to the population of Russia and measures to improve quality drinking water// Environmental safety of Russia. Issue 2. M .: Yuridicheskaya literatura, 1996. S. 178 .. The main act in this area is the VK RF 1995 SZ RF. 1995. No. 47. Art. 447.

The objects of protection are forests and other vegetation, their main function- meeting the needs for wood, oxygen production ("the lungs of the planet"), recreation. Problems - overcutting, littering, fires, forest reproduction See: On the threat to the ecological safety of Russia in connection with the depletion and plundering of forest resources // Ecological safety of Russia. Issue 1. M .: Legal literature, 1994. S. 170 .. Basic legal regulation of protection, rational use and forest protection is carried out by the RF LC 1997.

Animal world, microorganisms, genetic fund are also objects of environmental protection. The fauna is a set of living organisms of all types of wild animals permanently or temporarily inhabiting the territory of Russia and in a state of natural freedom, as well as belonging to the natural resources of the continental shelf and the exclusive economic zone of Russia. See: Bogolyubov S. A., Zaslavskaya L. A. et al. Legislation on the animal world. Article-by-article commentary on the law // Legislation and Economics. 1996. No. 1. Its protection is carried out on the basis of Federal law"On the animal world" 1995 SZ RF. 1995. No. 17. Art. 1462.

Microorganisms or microflora are microbes, mainly unicellular protozoa - bacteria, yeast, fungi, algae, distinguishable only under a microscope, are found in soil, water, food products, the human body. See: TSB. T. 16. P. 233, 244. Science ceases to divide them into useful and pathogenic: in the ecological relationship, they are part of the habitat and therefore are subject to study.

A protected genetic fund is understood as a set of species of living organisms with their manifested and potential hereditary inclinations See: NF Reimers. Reference dictionary. M.: Thought, 1990. P. 89 .. Degradation of the natural environment can lead to irreversible changes in plants and animals, to the emergence of mutants, that is, individuals with unusual genetic characteristics.

A peculiar object of protection is the atmospheric air, which embodies the natural environment, surrounding a person... Prevention of noise and radiation - specific impacts on humans, transmitted mainly through atmospheric air, are considered to be modern urgent problems. Its protection is carried out in accordance with the Law of the RSFSR "On the Protection of Atmospheric Air" 1982 of the Air Force of the RSFSR. 1982. No. 29. Art. 1027.

Specially protected areas and objects

All achievable natural objects - environmental components are subject to protection, but specially designated areas and parts of nature deserve special protection. In our country, their territory is about 1.2%. These are nature reserves National parks, wildlife sanctuaries, natural monuments, endangered species of plants and animals listed in the Red Book.

The regulation of their protection and use is carried out on the basis of the Federal Law "On Natural Medicinal Resources, Medical Recreation Areas and Resorts" 1995 NW RF. 1995. No. 9. Art. 713. and the Federal Law "On Specially Protected natural areas"1995 SZ RF. 1995. No. 12. Art. 1024. The main problems are the preservation and expansion of specially protected areas and objects and the maintenance of the declared special protected regime in them (a special topic is also devoted to their consideration).

Control questions

What are environmental principles?

What are the basic principles of environmental protection?

What does sustainable development mean and what is its main strategy?

What forms of legal support of environmental relations are used?

What are the principles and foundations of international cooperation in the field of environmental protection? What is their significance? What is their legal nature?

What is the classification of objects of environmental protection?

What are the six main natural resources that are subject to legal protection?

Abstract topics

The role of environmental protection principles in environmental law.

Problems of the relationship between economics and ecology: general and specific.

Stages and stages of functioning of the legal ecological system.

1. Objects of environmental protection from pollution, depletion, degradation,

damage, destruction and other negative impact of economic and other activities

are:

land, bowels, soil;

surface and groundwater;

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

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

space.

2. As a matter of priority, natural ecological systems, natural landscapes and natural complexes that have not been subjected to anthropogenic impact are subject to protection.

3. Sites included in the List of World Cultural

heritage and World Natural Heritage List, state natural

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

indigenous peoples Russian Federation, objects with a special

environmental, scientific, historical and cultural, aesthetic, recreational,

health and other value, continental shelf and exceptional

economic zone of the Russian Federation, as well as rare or under

threatened with extinction of soil, forests and other vegetation, animals and other

organisms and their habitats.

For health-improving areas and resorts, see also:

The Law of the RSFSR "On Environmental Protection" adopted on December 19, 1991 marks new stage in the development of Russian environmental legislation as a new generation of legislation.

The nature of the violation of the natural environment during the construction of the underground part of buildings and structures is diverse, and this nature is significantly influenced by the type of ... Federal Law on Environmental Protection.

The RF Law "On Environmental Protection" contains the most general principles for assessing and compensating for harm caused to the environment as a result of an environmental offense.

Legal liability is the result of a committed environmental offense. Its concept is contained in the Law of the Russian Federation "On Environmental Protection".

Thus, the Law of the RSFSR of December 19, 1991 was named "On the protection of the natural environment." Many domestic works correctly point out the incorrectness of the concept of "environment".

V general view the directions of economic incentives for environmental protection are defined in Art. 24 of the Law "On Environmental Protection". They include: the establishment of tax and other benefits provided by the state and others ...

According to Art. 89 of the Law on Environmental Protection, when determining the amount of harm to the health of citizens, the necessary costs of restoring health, lost professional opportunities, costs associated with ...

At the same time, the limits are understood as the standards for maximum permissible emissions and discharges harmful substances, provided for by Art. 27 of the Law "On Environmental Protection" and temporarily agreed standards (Article 45).

At the same time, the Law "On Environmental Protection" provides for compensation for harm caused to the health of citizens by the adverse impact of the environment (Article 89).

The RSFSR Law "On Environmental Protection" identifies two types of environmental insurance - voluntary and compulsory state insurance of enterprises, as well as citizens, their property and income in case of environmental and ...

ñ Objects of protection

ñ Priority protected objects (natural landscapes and natural complexes untouched by humans)

ñ Objects of exceptional protection (PAs - lists of the world's natural and world cultural heritage), animals listed in the Red Books, the traditional use of natural resources by indigenous peoples.

Objects removed from the environment are not objects of environmental relations (since they have lost their connection with nature)

6. The concept and system of sources of environmental law.

Sources are objective carriers of norms.

Sources of environmental law - regulatory legal acts containing norms for the regulation of public environmental legal relations.

Features of sources of environmental law:

1) two levels of establishing legal norms (that is, acts of the Russian Federation and acts of its subjects), since most of the legal relations that are the subject of environmental law are attributed to the subjects of joint jurisdiction of the Russian Federation and its subjects; in addition, a number of issues (landscaping, solid household waste) attributed to issues of local importance and may be regulated by municipal legal acts;

2) the norms of environmental law are contained not only in special legislation, but also in acts of other branches of legislation;

3) a significant amount of bylaws, which is associated with both objective factors (the specificity of various objects about which relations arise, regulated by environmental legal norms), and with subjective factors (imperfection regulatory framework, suboptimal organ structure environmental management, corruption-relatedness of norms, etc.).

Classification of sources of environmental law

Consider different classifications sources of environmental law.

By legal force:

regulations

On the subject of regulation:

Special

By the focus of legal regulation:

Material

Procedural

The nature:

Codified

Uncodified

7. Environmental legislation as a source of environmental law.

Concept environmental legislation domestic doctrine is defined through the subject of legal regulation in two ways: in the narrow and broad senses. In the first case, it is a set of legislative and other normative legal acts containing legal norms regulating only environmental protection. In the second case, the subject of legal regulation includes the use of natural resources, ensuring environmental safety and law and order.

In order to get the most general idea of the system of Russian environmental legislation, let us turn to the list of federal (and equivalent) laws. As mentioned above, among them it is possible to distinguish general and special environmental laws, as well as acts that ensure their implementation. The general law is the Federal Law "On Environmental Protection".

Special laws with certain reservations can be grouped depending on the main subject of regulation; in particular, laws governing the following are distinguished:

Protection of atmospheric air, climate - Federal laws "On the protection of atmospheric air" and "On the hydrometeorological service";

Protection of wildlife and protected areas - Federal laws "On the animal world", "On specially protected natural areas", "On the protection of Lake Baikal", "On natural healing resources, health-improving areas and resorts";

Protection of the marine environment - Federal laws "On the continental shelf of the Russian Federation", "On the exclusive economic zone of the Russian Federation", "On internal sea waters, territorial sea and contiguous zone of the Russian Federation ";

Protection of lands (soils) - Federal laws "On land reclamation", "On state regulation of ensuring the fertility of agricultural lands", "On the state land cadastre";

Special place in the system of environmental legislation, codified acts are occupied: the Water Code of the Russian Federation, the Forest Code of the Russian Federation ... ed. of March 3, 1995).

As for the assessment of the state of the Russian environmental legislation as a whole, it must be said that some gaps have not yet been eliminated. So, federal laws on flora, drinking water, hazardous substances... Some acts are too declarative (for example, the Federal Law "On the Protection of Lake Baikal") or regulate too narrow issues that, in principle, should be resolved in a major law. In many acts, not only individual norms are reproduced, but also entire institutions. It is required, as a minimum, to systematize environmental legislation, as a maximum - to codify it. Even more acute is the issue of the system of state environmental management in the country, which is not reduced to the restoration of an independent supra-departmental body, but implies a deliberate improvement information support, control and other functions. And, of course, development is relevant regulatory requirements to the processes of making environmentally significant decisions, especially those whose consequences will affect future generations, to the calculations of environmental risks, to guarantees of the environmental rights of citizens.

8. general characteristics Federal Law "On Environmental Protection".

Federal Law of 10.01.2002 No. 7-FZ "On Environmental Protection". Changed the Law of the RSFSR from 12/19/1991.

Adopted by the State Duma of the Russian Federation on December 20, 2001, approved by the Federal Assembly of the Russian Federation on December 26, 2001

The structure of the Federal Law includes:

Chapter I. General Provisions;

Chapter P. 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 disasters, zones of emergency situations;

Chapter IX. Natural objects under special protection;

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

Chapter XI. State ecological supervision of the environment. Industrial and public control in the field of environmental protection;

Chapter XII. Scientific research in the field of OS 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. The international cooperation in the field of environmental protection.

Chapter XVI. Final provisions

OH operates in the 20th edition. This law gives a number of basic concepts for environmental law, such as: environment, harm caused to the environment. The main principles are listed: for example, the principle of sustainable development, conservation of biodiversity, etc.

9. The right of citizens to a healthy environment.

In accordance with Art. 2 of the Constitution of the Russian Federation, "a person, his rights and freedoms are the highest value." Consequently, in the context of environmental legislation, the nature highest value bears precisely the right to a favorable environment. For the first time, the question of the human right to favorable conditions life was touched upon at the UN Stockholm Conference in 1972.

The Law (Art. 1) defines a favorable environment as "the environment, the quality of which ensures the sustainable functioning of natural ecological systems, natural and natural-anthropogenic objects." Thus, the right to a favorable environment has a rather broad content: it is not limited to the human right to environmental well-being in the places where his daily life takes place. Everyone has the right to demand that ecological balance be observed not only in the area of his immediate residence, but also in other, even remote points of the planet. The right to a favorable environment as a subjective legal authority is ensured by judicial protection. Violations this principle can be challenged in a judicial or administrative order.

10. The right to reliable information about the state of the environment. Sources of environmental information.

According to Article 3 of the Federal Law on Protection, everyone has the right to information about the state of the environment. In the Russian Federation, the concept of environmental information is absent. This concept clearly disclosed in the Aarhus Convention on the right to environmental information and access to justice in environmental cases. This convention was discussed and adopted in Denmark in 1998. The Russian Federation took an active part in the development of this convention. RF refused to ratify it. The concept of environmental information is very broad - the environment, the state of natural objects, about production processes, which practically does not remain a hidden secret for information. Ratification is planned in 2013. It is planned to create an Aarhus center, which will operate for 4 years and this center will develop amendments to the legislation on secrecy.

Generic concept "information" - 07/27/06 "about information"

"...1) information - information (messages, data), regardless of the form of their presentation; ... "

Federal Law of 27.07.2006 N 149-FZ
(as amended on 04/06/2011, as amended on 07/21/2011)
"About information, information technology and on the protection of information "

Public

Restricted access (secret)

Access to information on the state of the environment cannot be restricted.

"...state secret - information protected by the state in the field of its military, foreign policy, economic, intelligence, counterintelligence and operational-search activities, the dissemination of which may harm the security of the Russian Federation; ... "

Law of the Russian Federation of 21.07.1993 N 5485-1
(as revised on 08.11.2011)
"On state secrets"

"...1) trade secret - information confidentiality regime, which allows its owner, under existing or possible circumstances, to increase income, avoid unjustified expenses, maintain a position in the market for goods, works, services, or obtain other commercial benefits; ... "

Federal Law of 29.07.2004 N 98-FZ
(as revised on 11.07.2011)
"On commercial secrets"

There can be no commercial secret information about the state of the environment, the state of the sanitary and epidemiological situation

Criteria

1. Completeness

2. Credibility

The main information role is assigned to Roshydromet (Federal Law of 19.07.1998 N 113-FZ (as amended on 21.11.2011) "On the Hydrometeorological Service").

a) Globality and continuity of observations of the state of the environment

b) Unity and comparability of observation

c) Safety of work on surveillance

d) Integration with state and interstate structures

e) Ensuring the accuracy of information

f) The activities of the hydrometeorological service must comply with the principles of environmental protection

Information obtained as a result of monitoring

· general information - received and processed in accordance with the procedure established by the federal executive body in the field of hydrometeorology and related fields, provided to users (consumers) free of charge information on the actual and predicted state of the environment, its pollution; (as amended by Federal Laws of 22.08.2004 N 122-FZ, of 02.02.2006 N 21-FZ)

· specialized information - information that is provided at the request of the user (consumer) and at his expense;

The unified state fund of data on the state of the environment, its pollution (Article 15.) - GD dated 02.14.2000 - regulates the procedure

Collection of information for FL and LE \

Timely detection and prediction of environmental pollution

Maintaining a unified state data fund (PP 21.12.1999 No. 1410) is an ordered set of information about the state of the environment, its pollution, obtained as a result of the activities of Roshydromet, government agencies, OMS, FL and LE and the field of meteorology and related areas. Priority for paper media.

1. Sources of information

2. Normative acts

3. Inventories of natural resources

4. Environmental monitoring data

6. Materials of state statistical accounting

8. Accounting systems for hazardous objects

9. State catalog of agrochemicals and pesticides

10. Results of environmental impact assessment

11. The rights of public organizations in the field of environmental protection.

Article 12. Rights and obligations of public and other non-profit associations carrying out activities in the field of environmental protection (Federal Law "On Environmental Protection")

1. Public and other non-profit associations carrying out activities in the field of environmental protection have the right:

to develop, promote and implement in the prescribed manner programs in the field of environmental protection, to protect the rights and legitimate interests of citizens in the field of environmental protection, to involve citizens on a voluntary basis in the implementation of activities in the field of environmental protection;

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

assist authorities state power The Russian Federation, state authorities of the constituent entities of the Russian Federation, local self-government bodies in resolving environmental issues;

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

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

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

apply to the government bodies of the Russian Federation, government bodies of the constituent entities of the Russian Federation, local government bodies and other organizations with complaints, applications, claims and proposals on issues related to environmental protection, negative impact on the environment, and receive timely and reasonable answers;

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

organize and conduct, in accordance with the established procedure, public ecological expertise;

submit to the state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local self-government bodies, the court of appeals for the cancellation of decisions on the design, placement, construction, reconstruction, operation of facilities, economic and other activities of which may have a negative impact on the environment, on the restriction, on the suspension and termination of economic and other activities that have a negative impact on the environment;

file claims in court for compensation for damage to the environment;

exercise other rights stipulated by law.

12. Measures to ensure environmental safety.

In the 50s of the 20th century, the concept of environmental hazard appeared, in particular, the ecologist Remers formulated the concept. Once a danger has arisen, the second step is the need to develop security measures. Since the 60s and 70s, the concept of environmental safety has been developed. The first step is the adoption of the Law "On Security" of 1992. In the scientific literature, the question has arisen to determine the differentiation of EB. By the mid-90s, there were 3 points of view. It all boiled down to the fact that this is a state of security. And then the experts disagreed.

1 tz (Petrov, Moscow State University) EB is a state of protection of the vital interests of society, the individual and the state.

2 tz (Zhevlakov) EB - the state of protection of the biological foundations of human health and development.

3 tz (Vinokurov) EB - the state of protection of the population, animals and flora the environment as a whole from the consequences of an anthropogenic nature, as well as from natural Disasters and disasters.

In 1995, a draft Federal Law on environmental safety was developed. The developers have determined that EB is a state of protection of the vital interests of the individual, society, and the natural environment from threats arising from anthropogenic and natural influences on it. This bill was adopted only in the first reading, and this is where its fate ended.

Adoption of the law on protection environment... The current definition of the concept is contained in the first article of the law and is defined as EB - this is a state of protection of the natural environment and vital interests of a person from the possible negative impact of economic and other activities of natural and technogenic emergencies, their consequences.

develops on several levels:

International (international agreements)

Federal level (to the Russian Federation (analysis of 2 articles 41 and 42 of Art), Federal Law on safety; Federal Law on environmental protection; norms regulating safety in various areas (see questions 2-6); bylaws)

Interregional (regulation of the issue within federal districts)

Regional

The level of the subjects (the head of the executive power in the subject is responsible for the documents)

Municipal level (head of the municipality of education)

Local level (production entities).

Measures to ensure environmental safety

actions that reduce the level of environmental hazard or aimed at reducing the potential for the occurrence of environmental hazard. M by about. .e.b. include a set of environmental, economic, legal and social laws and regulations that ensure the reduction of environmental hazards, as well as activities to prevent environmental emergencies caused by natural disasters.

13. Legal measures to ensure radiation safety.

FZ "on radiation safety" 09.01.1996 N 3-FZ

radiation safety of the population - the state of protection of the present and future generations of people from the harmful effects of ionizing radiation for their health.

The main principles for ensuring radiation safety are:

rationing principle - not exceeding acceptable limits individual doses of citizens' exposure from all sources of ionizing radiation;

the principle of justification is the prohibition of all types of activities involving the use of sources of ionizing radiation, in which the benefits obtained for humans and society do not exceed the risk possible harm caused by exposure in addition to the natural background radiation;

optimization principle - maintaining at the lowest possible and achievable level, taking into account the economic and social factors individual doses of radiation and the number of exposed persons when using any source of ionizing radiation.

Radiation safety is ensured:

carrying out a set of measures of a legal, organizational, engineering and technical, sanitary and hygienic, medical and preventive, educational and educational nature;

implementation by federal executive bodies, executive bodies of the constituent entities of the Russian Federation, local self-government bodies, public associations, other legal entities and by citizens of measures to comply with the rules, norms and standards in the field of radiation safety;

informing the population about the radiation situation and measures to ensure radiation safety;

training the population in the field of radiation safety.

Radiation safety assessment is carried out according to the following main indicators:

characteristics of radioactive contamination of the environment;

analysis of the provision of measures for radiation safety and compliance with norms, rules and hygienic standards in the field of radiation safety;

the probability of radiation accidents and their scale;

the degree of preparedness for effective elimination of radiation accidents and their consequences;

analysis of radiation doses received by certain groups of the population from all sources of ionizing radiation;

the number of persons exposed above the established dose limits.

The results of the assessment are annually entered into the radiation-hygienic passports of organizations and territories.

Also in this area are provided: state planning, regulation, licensing and control / supervision.

14. Environmental requirements in the field of environmental protection in the implementation of economic and other activities.

1. General environmental requirements for economic activities

All legislation to date is aimed at using the best available technologies

Chapter 7 of the Federal Law on OS protection - requirements for development, conservation, placement, design, commissioning, decommissioning

1. All these activities are subject to EIA

2. It is obligatory to carry out EE

3. All facilities operating in violation of the requirements of those regulations and eq. standards - activity d. suspended. failure to comply with the requirements to bring in line - termination - JUDICIAL ONLY.

4. When placing buildings, structures, structures, the requirements for the restoration of the natural environment, rational use and reproduction of natural resources must be taken into account, the rules for environmental safety and biodiversity must be observed.

1. When designing households. objects must be taken into account:

Anthropogenic load standards

Methods of disposal of production and consumption waste

As much as possible should be taken into account best technology

There is a direct legal prohibition to reduce the cost by reducing the volume of measures to protect the environment.

When placing TGO landfills, land cultivation projects must be approved

= technical stage- a reclamation project is being developed, soil, hydrological, soil and other surveys are being carried out, the reclamation project is necessarily subject to a SEE

= biological stage- implementation of the reclamation measures themselves - removal, application of the soil layer, application of slopes - the result is an act of transfer and acceptance of uncultivated land

(natural systems; natural resources and other objects of protection; specially protected territories and objects)
The objects of environmental protection are understood as its constituent parts, which are in an ecological relationship, the relations for the use and protection of which are regulated by law, since they are of economic, environmental, recreational and other interest. Objects are classified into three groups.
Natural systems
This group includes ecological systems and the ozone layer that are of global importance. They provide a continuous process of metabolism and energy within nature, between nature and man, representing the natural habitat of man. As already noted, the environment and its protected objects are understood only as natural components: the range of natural habitats protected by law does not include human-made commodity objects; parts of nature that have emerged from the ecological connection with nature (water withdrawn from it is in the tap, animals withdrawn from natural conditions); elements of nature that are currently not of social value or whose protection is not yet possible.
For example, the ozone layer is the most important part of the near-earth space, seriously affecting the state of heat exchange between the Earth and the Cosmos. States are taking measures to protect it (they are discussed in more detail in the topic on the protection of atmospheric air). Not all of them are being implemented sufficiently. It is even more difficult for states to come to an agreement and protect the space farther from the Earth from pollution by aircraft, research and observation devices.
Natural or geographical landscapes are subject to protection - natural complexes, which include natural components that are in interaction, forming the terrain. Typical landscapes are mountainous, foothills, flat, hilly, lowlands. They are taken into account and used in the construction of cities, road construction, and the organization of tourism.
Thus, protection from pollution, damage, damage, exhaustion, destruction is subject to what is on the territory of Russia or above it, as well as what can be protected with the help of modern technical means and through legal regulation.
Natural resources and other objects of protection
There are six main individual natural resources and objects subject to oxran: earth, its bowels, waters, forests, fauna, atmospheric air (separate topics in a special part of the textbook are devoted to the analysis of their protection).
Land is understood as the surface covering the fertile soil layer. The most valuable are agricultural land intended for agriculture (arable land) and animal husbandry. They cannot be replaced by anything, they are subject to wind and water erosion, clogging and pollution and therefore deserve increased protection. Agricultural lands account for 37% of all land in the country, but their area is constantly decreasing due to the growth of cities, the construction of roads, reservoirs, the laying of power lines and communications. Non-agricultural land serves as a spatial operational basis for the placement of other sectors of the national economy.
The subsoil is considered to be the part of the earth's crust located below the soil layer and the bottom of reservoirs, extending to depths available for study and development. The surface of the earth also belongs to the subsoil, if it contains mineral resources. There are two main problems - the integrated use of mineral resources due to their non-renewability and the burial of wastes, especially toxic ones, in the bowels. Legal regulation of the protection of the subsoil of the earth is carried out in the Federal Law "On Subsoil" 1995 *

* SZ RF. 1995. No. 10. Art. 283.
Water - all water in water bodies. Waters can be surface and underground; a water body is a concentration of water on the surface of the land in the forms of its relief or in the depths, which has boundaries, volume and features of the water regime. The main task in the use of water is the provision of adequate drinking water supply, prevention of pollution and depletion of water from industrial and domestic discharges *. The main act in this area is the VK RF 1995 **
_____________________________________________________________________________________________________
* See: On the state of water supply to the population of Russia and measures to improve the quality of drinking water // Ecological safety of Russia. Issue 2.M .: Legal literature, 1996. S. 178.
** SZ RF. 1995. No. 47. Art. 447.
The objects of protection are forests and other vegetation, their main function is meeting the needs for wood, oxygen production ("the lungs of the planet"), and recreation. Problems - overcutting, littering, fires, forest reproduction *. The main legal regulation of the protection, rational use and protection of forests is carried out by the Law Code of the Russian Federation, 1997.
__________________________________________________________________
*. See: On the threat to the ecological safety of Russia in connection with the depletion and plunder of forest resources // Ecological safety of Russia. Issue 1.M .: Legal literature, 1994. S. 170.
Fauna, microorganisms, genetic fund are also objects of environmental protection. The fauna is a set of living organisms of all types of wild animals permanently or temporarily inhabiting the territory of Russia and being in a state of natural freedom, as well as belonging to the natural resources of the continental shelf and the exclusive economic zone of Russia. * Its protection is carried out on the basis of the Federal Law "On Animals world "1995 **
Microorganisms or microflora are microbes, mainly unicellular protozoa - bacteria, yeast, fungi, algae, distinguishable only under a microscope, are found in soil, water, food, the human body. *** Science ceases to divide them into useful and pathogenic: ecological relationship they are part of the habitat and therefore are subject to study.
___________________________________________________________________
*. See: Bogolyubov S. A., Zaslavskaya L. A. et al. Legislation on the animal world. Article-by-article commentary on the law // Legislation and Economics. 1996. No. 1.
** SZ RF. 1995. No. 17. Art. 1462.
*** See: TSB. T. 16.P. 233, 244.
A protected genetic fund is understood as a set of species of living organisms with their manifested and potential hereditary inclinations *. Degradation of the natural environment can lead to irreversible changes in plants and animals, to the emergence of mutants, that is, individuals with unusual genetic characteristics.
A peculiar object of protection is atmospheric air, which embodies the natural environment that surrounds a person. Prevention of noise and radiation - specific impacts on humans, transmitted mainly through atmospheric air, are considered to be modern urgent problems. Its protection is carried out in accordance with the Law of the RSFSR "On the Protection of Atmospheric Air" 1982 **
____________________________________________________________________________________________________
* See: N.F. Reimers. Nature management. Reference dictionary. M.: Thought, 1990. P. 89.
** Air Force of the RSFSR. 1982. No. 29. Art. 1027.
Specially protected areas and objects
All achievable natural objects - environmental components are subject to protection, but specially designated areas and parts of nature deserve special protection. In our country, their territory is about 1.2%. These are reserves, national parks, wildlife sanctuaries, natural monuments, endangered species of plants and animals listed in the Red Book.
The regulation of their protection and use is carried out on the basis of the Federal Law "On Natural Medicinal Resources, Medical Recreation Areas and Resorts" 1995 * and the Federal Law "On Specially Protected Natural Areas" 1995 ** The main problems are the preservation and expansion of specially protected territories and objects and the maintenance of the declared special protected regime in them (a special topic is also devoted to their consideration).
___________________________________________________________________
* SZ RF. 1995. No. 9. Art. 713.
** SZ RF. 1995. No. 12. Art. 1024.
? Control questions
What are environmental principles?
What are the basic principles of environmental protection?
What does sustainable development mean and what is its main strategy?
What forms of legal support of environmental relations are used?
What are the principles and foundations of international cooperation in the field of environmental protection? What is their significance? What is their legal nature?
What is the classification of objects of environmental protection?
What are the six main natural resources that are subject to legal protection?
Abstract topics
The role of environmental protection principles in environmental law.
Problems of the relationship between economics and ecology: general and specific.
Stages and stages of functioning of the legal ecological system.
Literature
Legal protection of the natural environment in countries of Eastern Europe... M .: Higher school. 1990.
Environmental law of Russia. Collection of normative acts. / Ed. A.K. Golichenkova. M., 1997.
Brinchuk M.M., Dubovik O.L., Zhavoronkova N.G., Kolbasov O.S. Environmental law: from ideas to practice. Moscow: RAS, 1997.
Towards sustainable development in Russia. Bulletin of the Center for Environmental Policy of Russia. M., 1996-1998.
Gor El. Earth on the scales. Ecology and the human spirit. M., 1993.
Legal reform: development concepts Russian legislation... M .: IZiSP, 1995.
Douglas O. The Three Hundred Years War. Chronicle of an ecological disaster. M., 1975.
Zlotnikova T.V. Legislative foundations of environmental safety in the Russian Federation. M., 1995.
Kolbasov O.S. International legal environmental protection. M., 1982.
Krasnova I.O. Environmental law and governance in the United States (foreword by S. A. Bogolyubov). Moscow: Baikal Academy, 1992.
Robinson N. A. Legal regulation of nature management and environmental protection in the USA (afterword by O. S. Kolbasov). Moscow: Progress, 1990.
Comparative review of the legislation of the CIS member states. M., 1995.
Resolution of the Government of the Russian Federation "On the conclusion of an Agreement between the Government of the Russian Federation and the Government of the Kingdom of Sweden on cooperation in the field of regulation of nuclear and radiation safety when using atomic energy for peaceful purposes "of November 22, 1997 No.
Resolution of the Government of the Russian Federation "On ensuring the implementation of the provisions of the Protocol on Environmental Protection to the Antarctic Treaty" dated December 18, 1997 No.

Environmental law Bogolyubov Sergey Alexandrovich

§ 5. Objects of environmental protection

(natural systems; natural resources and other objects of protection; specially protected territories and objects)

The objects of environmental protection are understood as its constituent parts, which are in an ecological relationship, the relations for the use and protection of which are regulated by law, since they are of economic, environmental, recreational and other interest. Objects are classified into three groups.

Natural systems

This group includes ecological systems and the ozone layer that are of global importance. They provide a continuous process of metabolism and energy within nature, between nature and man, representing the natural habitat of man. As already noted, the environment and its protected objects are understood only as natural components: the range of natural habitats protected by law does not include human-made commodity objects; parts of nature that have emerged from the ecological connection with nature (water withdrawn from it is in the tap, animals withdrawn from natural conditions); elements of nature that are currently not of social value or whose protection is not yet possible.

For example, the ozone layer is the most important part of the near-earth space, seriously affecting the state of heat exchange between the Earth and the Cosmos. States are taking measures to protect it (they are discussed in more detail in the topic on the protection of atmospheric air). Not all of them are being implemented sufficiently. It is even more difficult for states to come to an agreement and protect the space farther from the Earth from pollution by aircraft, research and observation devices.

Natural resources and other objects of protection

The subsoil is considered to be the part of the earth's crust located below the soil layer and the bottom of reservoirs, extending to depths available for study and development. The surface of the earth also belongs to the subsoil, if it contains mineral resources. There are two main problems - the integrated use of mineral resources due to their non-renewability and the burial of wastes, especially toxic ones, in the bowels. The legal regulation of the protection of the subsoil of the earth is carried out in the Federal Law "On Subsoil" 1995.

Water - all water in water bodies. Waters can be surface and underground; a water body is a concentration of water on the surface of the land in the forms of its relief or in the depths, which has boundaries, volume and features of the water regime. The main task in the use of water supply is adequate drinking water supply, prevention of pollution and depletion of water from industrial and domestic discharges. The main act in this area is the VK RF 1995.

The objects of protection are forests and other vegetation, their main function is to meet the needs for wood, the production of oxygen (“the lungs of the planet”), and recreation. Problems - overcutting, littering, fires, forest reproduction. The main legal regulation of the protection, rational use and protection of forests is carried out by the Law Code of the Russian Federation, 1997.

Fauna, microorganisms, genetic fund are also objects of environmental protection. The fauna is a set of living organisms of all types of wild animals permanently or temporarily inhabiting the territory of Russia and in a state of natural freedom, as well as belonging to the natural resources of the continental shelf and the exclusive economic zone of Russia. Its protection is carried out on the basis of the 1995 Federal Law "On Animal World".

Microorganisms or microflora are microbes, mainly unicellular protozoa - bacteria, yeast, fungi, algae, distinguishable only under a microscope, are found in soil, water, food, and the human body. Science ceases to divide them into useful and pathogenic: in the ecological relationship, they are part of the habitat and therefore are subject to study.

A protected genetic fund is understood as a set of species of living organisms with their manifested and potential hereditary inclinations. Degradation of the natural environment can lead to irreversible changes in plants and animals, to the emergence of mutants, that is, individuals with unusual genetic characteristics.

A peculiar object of protection is atmospheric air, which embodies the natural environment that surrounds a person. Prevention of noise and radiation - specific impacts on humans, transmitted mainly through atmospheric air, are considered to be modern urgent problems. Its protection is carried out in accordance with the Law of the RSFSR "On the protection of atmospheric air" 1982

Specially protected areas and objects

All achievable natural objects - environmental components are subject to protection, but specially designated areas and parts of nature deserve special protection. In our country, their territory is about 1.2%. These are reserves, national parks, wildlife sanctuaries, natural monuments, endangered species of plants and animals listed in the Red Book.

The regulation of their protection and use is carried out on the basis of the Federal Law "On Natural Medicinal Resources, Medical Recreation Areas and Resorts" 1995 and the Federal Law "On Specially Protected Natural Areas" 1995. The main problems are the preservation and expansion of specially protected areas and objects and the maintenance of the declared special protected regime in them (a special topic is also devoted to their consideration).

? Control questions

What are environmental principles?

What are the basic principles of environmental protection?

What does sustainable development mean and what is its main strategy?

What forms of legal support of environmental relations are used?

What are the principles and foundations of international cooperation in the field of environmental protection? What is their significance? What is their legal nature?

What is the classification of objects of environmental protection?

What are the six main natural resources that are subject to legal protection?

Abstract topics

The role of environmental protection principles in environmental law.

Problems of the relationship between economics and ecology: general and specific.

Stages and stages of functioning of the legal ecological system.

Literature

Legal protection of the natural environment in Eastern Europe. M .: Higher school. 1990.

Environmental law of Russia. Collection of normative acts. / Ed. A. K. Golichenkova. M., 1997.

Brinchuk M.M., Dubovik O.L., Zhavoronkova N.G., Kolbasov O.S. Environmental law: from ideas to practice. Moscow: RAS, 1997.

Towards sustainable development in Russia. Bulletin of the Center for Environmental Policy of Russia. M., 1996-1998.

Gor El. Earth on the scales. Ecology and the human spirit. M., 1993.

Legal reform: concepts for the development of Russian legislation. M .: IZiSP, 1995.

Douglas O. The Three Hundred Years War. Chronicle of an ecological disaster. M., 1975.

T.V. Zlotnikova Legislative foundations of environmental safety in the Russian Federation. M., 1995.

Kolbasov O.S. International legal protection of the environment. M., 1982.

Krasnova I.O. Environmental Law and Governance in the United States (Foreword S. A. Bogolyubova). Moscow: Baikal Academy, 1992.

Robinson N.A. Legal regulation of nature management and environmental protection in the United States (afterword O.S. Kolbasova). Moscow: Progress, 1990.

Comparative review of the legislation of the CIS member states. M., 1995.

Resolution of the Government of the Russian Federation "On the conclusion of an Agreement between the Government of the Russian Federation and the Government of the Kingdom of Sweden on cooperation in the field of regulation of nuclear and radiation safety in the use of atomic energy for peaceful purposes" dated November 22, 1997 No.

Resolution of the Government of the Russian Federation "On ensuring the implementation of the provisions of the Protocol on Environmental Protection to the Antarctic Treaty" dated December 18, 1997 No.

the author Sazykin Artem Vasilievich

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Chapter IX OFFENSES IN THE FIELD OF ENVIRONMENTAL PROTECTION Article 109. Violation of the water protection regime (1) Violation of the water protection regime, resulting in water pollution, soil erosion and other harmful phenomena, shall entail the imposition of a fine on individuals in the amount of 20 to 40 conventional

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