RF Law "On Environmental Protection"

Since the time a new federal law "On Environmental Protection" was adopted, the Law of the RSFSR "On Environmental Protection" has been taken strength. When the previous regulatory act regulating this sphere of vital activity of society was adopted in December 1991, he was the beginning of a new stage in the development of domestic legislation in the field of ecology. It was necessary due to the political, environmental, economic and social characteristics of the country.

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

Let us give it below.

Chapter I. General provisions.

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

Chapter III. The 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. Organization in the field of environmental protection.

Chapter VI. Environmental Impact Assessment and Environmental Expertise.

Chapter VII. Environmental protection requirements in the implementation of economic and other activities.

Chapter VIII. Ecological disaster zones, emergency zones.

Chapter IX. Natural objects under special protection.

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

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

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

Chapter XIII. Basics of forming an environmental 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 is determined by the foundations that the state policy in terms of environmental protection is characterized, as well as the basis of a balanced solution of tasks, which relate to socio-economic. The basics enshrined in laws are designed to preserve a favorable environment, biological diversity and natural resources in order to meet the needs of the current, as well as future generations, strengthen the law and order to the environment related to environmental protection, and ensure environmental safety. The law is regulated by relations related to the interaction of society and nature, which arise when the economic and other activities affecting the natural environment, which seems an important component of the environment and is the basis of life on Earth, within the boundaries of the territory of Russia, also in the continental territory shelf.

Many specialists provide negative assessments of this regulatory legal act. Despite this, he possesses a number of advantages. As such advocates, it can be noted, in particular, the presence of a legislator's claim for the implementation of a comprehensive (integrated) regulation of environmental relations. In this case, an attempt is considered wider, comparing with the law, which acted earlier, the development of the mechanism relating to the regulation of this field. In relevance of the previously current law, some specialists expressed claims that were substantiated and treated the fact that there were no requirements related to environmental impact assessment of the activities that were planned, environmental certification, environmental audit. The new law, despite the shortcomings, contains some provisions regarding the specified tools. In the regulatory act there is a speech on environmental audit. Nevertheless, this procedure is said only in the article that contains the basic concepts. The law also contains general provisions relating to environmental entrepreneurship.

Based on the provisions that contain a concept associated with sustainable development, it is of great importance to regulating the rationing, which is related to the withdrawal of the components of the natural environment. These provisions are contained in Article 26 of the Law.

The law also establishes a legal criterion, which refers to the level of design of the enterprise and other objects. As such a criterion, the implementation is the criterion that those technologies that are complied with the best should be implemented.

Based on the conditions that are associated with the development of a market management system, the requirements that are presented in Article 53 of this Law and which relate to the fact that in the implementation of the nationalization or privatization of property, measures for environmental protection and harm reimbursement - are reasonable .

Conducting an assessment of the advantages of Article 65, which concerns state environmental control, it is necessary to keep in mind the traditionally problematic practice of organizing the public administration of environmental management and environmental protection, which have a place to be in the Russian Federation.

According to a new law, the combination of functions that relate to state control in the field of environmental protection with functions that relate to the economic use of natural resources are prohibited.

In the process of regulating in Article 75 of the types of responsibility related to the violation of environmental protection legislation, it is customary to allocate the following types of responsibility:

Property liability;

Disciplinary responsibility;

Administrative responsibility;

Criminal liability.

The material responsibility, which was provided for by the previous law, is excluded.

In this case, the position of the legislator is quite substantiated. Materially 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 legitimate described above, it is also criticized by many specialists, which is not unreasonable.

For example, the Law does not reflect approaches to environmental protection, as well as possible concepts associated with the State Environmental Policy of the Russian Federation in the 21st century.

The lack of law is also the fact that it contains a significant number of provisions that can be called declarative. The law does not regulate the procedural relations, there are no modern funds for legal techniques.

Many specialists also indicate the fact that the text of the law contains stylistic errors.

hunting Legislation Responsibility Supervision

The provisions of legislation in the field of environmental safety are aimed at preserving the environment and natural wealth. The following approach is due to the prescription of the Constitution that every citizen has the right to life-friendly environment. In the Russian Federation there are several laws regulating environmental issues.

Environmental laws of the Russian Federation are aimed at protecting and providing the country's natural fund. The provisions of the law belong not only to the consequences of the life activity of people. There are prescriptions to eliminate man-made and natural cataclysms, as well as to minimize their environmental damage.

To regulate the relevant provisions in Russia there are a number of legal acts. Adopted on July 19, 1995. The appointment of the document is to ensure the constitutional right of citizens to a favorable environment and the prevention of negative impacts. FZ 174 solves the following questions:

• the powers of the President of the Russian Federation, federal and regional authorities;
• conducting state environmental impact assessment;
• the rights of citizens and public organizations, as well as customers of documentation on the expertise;
• financial support, international treaties;
• responsibility for violations of legislation, as well as the procedure for solving emerging disputes.

Federal Law "On Waste Production and Consumption" 89 FZ Adopted on May 22, 1998. It regulates issues on the treatment and disposal of waste, which can bring harm to citizens or the environment. The possibilities of processing and secondary use are taken into account. The provisions of the FZ 89 regulate the following aspects:

• the powers of the Russian Federation, its regions and local governments;
• general waste management requirements;
• rationing, state accounting and reporting system;
• economic regulation of the tasks;
• regulation of actions aimed at handling solid utility waste;
• state supervision system for the execution of prescriptions;
• responsibility for violations.

Regulates issues aimed at protecting the health of citizens and ensuring a favorable environmental situation. The document regulates the following legal norms:

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

Federal Law "On Protection of Atmospheric Air" 96 FZ Adopted on April 2, 1999 and regulates aspects related to the prevention of pollution of atmospheric air. It is due to the fact that such a FZ 96 is a vital component for human life, plants and animals. Based on this conclusion, legal norms on the protection of atmospheric air are established. They are expressed in the following positions:

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

The main environmental law is FZ 7 "On Environmental Protection". The document regulates the general aspects associated with environmental safety. Legal norms of the interaction of society and nature arising in the course of the economic activities of citizens are prescribed.

Description of the law on ecology

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

• general provisionsgoverning the basic concepts of the law and the legal principles to which it relies is also taken into account of the categories of objects that negatively affect the environmental situation;
• basics of Environmental Management - determined the powers of federal, regional and municipal bodies of state power, delimitation of rights and management system;
• rights and obligations of citizens, public associations and legal entities prescribed in the context of the state system of measures to ensure environmental safety;
• principles of economic regulation Based on the recovery of the negative impact and the definition of persons obliged to regularly make an appropriate fee; The monitoring system and state support for environmental safety is also prescribed;
• normation in the field of environmental protection - the standards are determined for admissible actions in violation of ecology;
• evaluation of environmental impact and the procedure for conducting an environmental impact;
• environmental Safety Requirements in the implementation of certain types of economic or other activities;
• procedure for establishing environmental disasters and emergency situations;
• accounting of nature objectswhich are under special protection, their legal regime and measures aimed at preserving them;
• forestry green belts - their creation, placement of information about them, the principles of protection;
• state environmental observation Over the situation, the functioning of its unified system and the fund of the provision;
• state Ecological Supervision - Providing production and social control, accounting of objects whose activities negatively affect the environment;
• definition of the principles of holding scientific research of ecology;
• basics of formation of ecological culture - measures aimed at education and education of citizens;
• responsibility for violations of the law - its types, procedure for resolving disputes, reimbursement of damage and restriction of the activities of relevant facilities;
• elimination of the accumulated harm of ecology - identification of such and organizing measures to eliminate;
• principles of international cooperation The Russian Federation on environmental safety issues.

IN final provisions Law 7 FZ includes prescriptions for its entry into force, as well as bringing other legislation in legal compliance. The law entered into force on the day of its official publication - January 10, 2002. From this point, he has undergone a number of changes aimed at eliminating the inactive formulations and the actualization of legal norms. The last amendments were made in 2016.

Changes in the law on ecology

Changes in the Environmental Law "On Environmental Protection" was last introduced in 2016. The amendments were introduced by various documents on April 5, June 23 and July 3. The overall list is determined by the following changes:

• in articles 1, 19, 29 and 70 after the words " documentation"Words were added" , federal standards and rules»In the appropriate cases;
• article 78. the law on ecology was supplemented by clause 2.1 on the cost of eliminating the environment;
• was added chapter 14.1 on the elimination of harmEnvironmental applied, the appropriate amendments were also made to Articles 1, 5.1, 28.1 and 65;
• in the law on ecology chapter 9.1 has been introduced on forest parking green belts, Additionally, the revision of Article 44 was adjusted, and paragraphs 4-7 were added to Article 68 on the possibility of citizens to assist public services in ensuring environmental safety;
• to clause 1. articles 50. A paragraph has been added to ban growing plants and animals with a genetic engineering material, the exception is only research work and examination.

In January 2002, a new federal law "On Environmental Protection" entered into force. This law replaced the Law of the RSFSR "On Environmental Protection", adopted in 1991. During 2004-2008, changes were made to the law related to the clarification of the powers of the constituent entities of the Russian Federation and the municipalities in the field of environmental protection.

The Law "On Environmental Protection" consists of 16 chapters:

Chapter I. General provisions.

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

Chapter III. The 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. Organization in the field of environmental protection.

Chapter VI. Environmental Impact Assessment and Environmental Expertise.

Chapter VII. Environmental protection requirements in the implementation of economic and other activities.

Chapter VIII. Ecological disaster zones, emergency zones.

Chapter IX. Natural objects under special protection.

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

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

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

Chapter XIII. Basics of forming an environmental culture.

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

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

Chapter XVI. Final provisions.

IN chapter 1. The federal law is given to the definition of basic concepts, including: in the field of rationing, state environmental monitoring, environmental audit, the best existing technology, environmental risk and environmental safety. The basic principles of environmental protection are formulated, which allow the impact of economic and other activities on the natural environment, based on compliance with environmental requirements. At the same time, the reduction in 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 environmental protection facilities from pollution and depletion, degradation, they include:

Land, bowel, soil;

Surface and groundwater;

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

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

The powers of the state authorities of the Russian Federation, the constituent entities of the Russian Federation and local governments in the field of environmental relations are considered in chapter 2.. The delimitation of powers in the field of environmental protection relations 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 the federal executive authorities and the executive authorities of the constituent entities of the Russian Federation, the transfer of the exercise of the part of the authority of environmental protection medium.

The rights and obligations of citizens, public and other non-commercial associations in the field of environmental protection are considered in chapter 3. law. Each citizen of the Russian Federation has the right to a favorable environment, on its protection against the negative impact caused by economic and other activities, emergency situations of natural and technogenic nature, on reliable information about the state of the environment and compensation for harm to the environment. This chapter also identifies the rights and obligations of public and other non-profit associations operating 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:

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

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

Establishing a fee for negative impact on the environment;

Support for business, innovative and other activities (including environmental insurance) aimed at environmental protection.

The law eliminated the system of environmental funds, which has existed since 1991. The fee for negative impact on the environment has been maintained (environmental pollution fee). It is determined that entrepreneurial activities carried out in order to protect the environment is maintained by the state by establishing tax and other benefits. Liquidated mechanism of voluntary environmental insurance, which has been operating since 1991.

IN chapter 5. The normization system in the field of environmental protection is considered. The law determines that the environmental rationing is to establish environmental quality standards, the standards of permissible environmental impact, as well as state standards and other documents. The rationing is carried out in the manner prescribed by the Government of the Russian Federation.

Regulations set in accordance with the chemical, physical and biological indicators of the environment of the environmental, physical and biological indicators of the environment.

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

Standards for permissible emissions and discharges of substances and microorganisms;

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

Standards for the permissible seizure of the components of the natural environment;

Standards of admissible anthropogenic load on the environment.

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

In the Federal Law "On Environmental Protection" is fundamentally changed chapter 6.devoted to the state environmental impact assessment. This chapter, as an independent article of the law, includes an environmental impact assessment, which is carried out with respect to the planned economic and other activities, which can provide direct or indirect impact on the environment. Evaluation of environmental impact is carried out in the development of all alternative options for pre-project, including pre-investment, and project documentation, justifying the planned economic and other activities, with the participation of public associations.

Chapter 7. It is devoted to environmental protection issues in the implementation of economic and other activities and includes the following articles containing environmental protection requirements for:

placement of buildings, buildings, structures and other objects;

designing buildings, buildings, structures and other objects;

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

commissioning of buildings, buildings, structures and other objects;

operation and output from the operation of buildings, buildings, structures and other objects;

operation of agricultural facilities;

with land reclamation, placement, design, construction, reconstruction, commissioning and operation of landlocative 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 automotive and other vehicles;

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

use of chemicals in agriculture and forestry;

production, circulation and neutralization of potentially hazardous chemicals, including radioactive, other substances and microorganisms;

handling production and consumption waste;

establishing protective and security zones;

privatization and nationalization of property;

placement, design, construction, reconstruction, commissioning, operation and output from the operation of military and defense facilities, weapons and military equipment.

Chapter 8. Considered the procedure for declaring and establishing the regime of environmental disaster zones. Environmental protection in emergency zones is established by the Federal Law on the Protection of the population and territories from natural and man-made emergencies and other regulatory legal acts of the Russian Federation.

IN chapter 9.the issues of protecting natural objects are considered. For the protection of natural objects with a special environmental, scientific, historical, cultural, aesthetic, recreational, wellness and other valuable importance, a special legal regime is established, including specially protected natural territories. Earth within the boundaries of the territories on which natural objects are located with a special environmental, scientific, historical and cultural, aesthetic, recreational, wellness and other valuable importance and under special protection are not subject to privatization.

IN chapter 10. The issues of organizing state environmental monitoring are 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 of the location of the sources of the anthropogenic impact and the impact of these sources on the environment, as well as to ensure the needs of the state, Legal and individuals in reliable information necessary to prevent and (or) reduction of adverse effects of environmental state changes.

Chapter 11. The Federal Law "On Environmental Protection" is devoted to environmental control. In the Russian Federation, state, production and public monitoring in the field of environmental protection is carried out. State environmental control is carried out by federal executive bodies and the executive authorities of the constituent entities of the Russian Federation. At the same time, the list of facilities subject to federal state environmental control is determined by the Government of the Russian Federation.

Production environmental control is carried out in order to ensure implementation of the 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 environmental requirements established by legislation in the field of environmental protection. Enterprises are obliged to provide information on the organization of industrial environmental control in the relevant executive body, which carries out state environmental control. Public environmental control is carried out by public and other non-commercial associations in accordance with their charters, as well as citizens in accordance with the legislation.

IN chapter 12. The procedure for conducting scientific research on environmental protection, which are conducted by scientific organizations in accordance with the Federal Law on Science and State Scientific and Technical Policy.

Chapter 13. devoted to the formation of environmental culture. In order to form an environmental culture and training of environmental protection professionals, the law establishes a system of universal and integrated environmental education, including pre-school and general education, secondary, professional and higher professional education, postgraduate vocational education, professional retraining and professional development of specialists, As well as the spread of environmental knowledge, including through the media, museums, libraries, cultural institutions, environmental institutions, sports and tourism. Heads of organizations and specialists responsible for making decisions in the implementation of economic and other activities that have or may have a negative impact on the environment should have training in the field of environmental protection and environmental safety.

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

So subjects of economic activities are imputed to the duty of full compensation for harm to the environment, including projects that have a positive conclusion of state environmental impact assessment. The harm of the environment is refundable in accordance with the established procedures approved in the established procedure and techniques, and in their absence based on the actual costs, taking into account the losses incurred, including the missed benefits. Lawsuit on compensation for harm to the environment caused by violation of legislation in the field of environmental protection can be presented for twenty years.

Also changed the procedure for restriction, suspension or termination of the activities of legal entities and individuals carried out with violation of legislation in the field of environmental protection. If earlier the supervisory authorities could suspend or stop the activities of business objects, now the requirements for restriction, the suspension or termination of the activities of legal entities and individuals carried out with a violation of legislation in the field of environmental protection should be considered by the court or arbitration court.

IN chapter 15. Considered issues of international cooperation in the field of environmental protection. The Russian Federation exercises international cooperation in the field of environmental protection in accordance with the generally accepted principles and norms of international law and international treaties of the Russian Federation in the field of environmental protection.

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

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

1. Conservation of the environment;

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

3. Improving environmental quality.

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

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

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

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

General provisions;

Basics of management in the field of environmental protection;

The rights and obligations of citizens, public and other non-commercial associations in the field of environmental protection;

Economic regulation in the field of environmental protection;

Normation in the field of environmental protection;

Evaluation of environmental impact and environmental expertise;

Environmental protection requirements in the exercise of economic and other activities;

Environmental disasters, emergency zones;

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;

The foundations of the formation of an environmental culture;

Responsibility for violation of environmental legislation;

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 environmental impact. A person is considered as a subject of environmental impact, which is responsible for the consequences of its activities, and, as an object of such an impact, endowed with the relevant rights and guarantees for compensation for damage caused.

The mechanism of execution of the norms of this law consists of a system. comprising economic stimulation of a business entity, as well as administrative and legal impact on violators.

Basic 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 ecological, was almost completely revised. The main acts of environmental legislation are shown in Table.3.1.

Table 3.1 The main acts of environmental legislation in the Russian Federation.

Constitution of the Russian Federation (1993)
Environmental legislation	Environmental Safety	Natural resource legislation
Existing legislation
Law of the Russian Federation "On Environmental Protection", 2002	The Law of the RSFSR "On the social protection of citizens of the influence of radiation due to the catastrophe at the Chernobyl NPP", 1991 (as amended)	Land Code, 2001
FZ "On the Protection of Atmospheric Air", 1999	Law of the Russian Federation "On Security", 1992	RF Law "On Earth Place", 1991 (as amended by law 1992, 1994, 1995)
FZ "On the Sanitary and Epidemiological Welfare of the Population", 1999	RF Law "On the Protection of the Population and Territories from Technogenic Emergencies", 1994	Water Code, 1995
Basics of the legislation of the Russian Federation on the protection of the health of citizens, 1993 (as amended by law 1998)	FZ "On Radiation Safety of the Population", 1996	RF Law "On Continental Shelf", 1995
RF Law "On Ratification of the UN Framework Convention on Climate Change", 1994	FZ "On the use of atomic energy"	Law of the RSFSR "On Subsoil", 1992 (as amended by Law 1995).
Law of the Russian Federation "On the ratification of the Basel Convention of the UN on the control over the transboundary transportation of hazardous waste and their removal", 1994	FZ "On Fire Safety"	FZ "On the rates of deductions for the mineral resource base", 1995
FZ "On Environmental Expertise", 1995		Federal Law "On Production Decans", 1995
FZ "On Specially Protected Natural Territories", 1995		Law "On Animal World", 1995
FZ "On the destruction of chemical weapons", 1997		Forest Code, 1997
FZ "On the Exceptional Economic Area of \u200b\u200bRussia", 1998		FZ "On the waste of production and consumption", 1998
Legislative acts in need of development and / or approval
FZ "On Environmental Insurance"	FZ "On Environmental Safety"	FZ "On the delimitation of property rights to natural resources (" On Federal Natural Resources ")".
FZ "On environmental funds"	FZ "On the status of environmental displays zones"	FZ "On State Cadastches of Natural Resources"
FZ "On the protection of water biological resources"	FZ "On the handling of radioactive waste"	FZ "On the plant world"
FZ "On Hunting and Fisheries"	FZ "On the energy information welfare of the population"	FZ "On State Policy in the field of radioactive waste management".
FZ "On state regulation of the use of the protection of the Green Fund of Urban Settlements"	FZ "On Drinking Water"
FZ "from state regulation in the field of environmental education"

Naroresource legislation includes regulatory acts regulating and using individual types of natural resources: Land Code of the Russian Federation (2001), Forest Code of the Russian Federation (1997), Water Code of the Russian Federation (1995), Law of the Russian Federation "On Subsoil" (1992), The Law "On Specially Protected Natural Territories" (1995), the Law of the Russian Federation "On Protection of Atmospheric Air" (1999), Federal Law "On Animal World" (1995).

The environmental legislation includes regulations governing environmental protection as a whole: the law of the Russian Federation "On Environmental Protection" (2002), Federal Law "On Environmental Expertise" (1995), "On Radiation Safety of the Population" (1995), "On the safety of treatment of 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. He proclaimed the ownership of the state to land and withdrawing land from civil turnover. The second Land Code of the RSFSR adopted the Supreme Council of the RSFSR in June 1970. It was the Code of the period of developed socialism, who approved the complete domination of the collective farm-compassous form of agriculture. Land Code of 1991 is the Code of Cancellation of the Earth Ownership of Earth and other Natural Resources.

The Law of the Russian Federation "On Subsoil" in 1992 establishes legal relations when studying, using and protecting the subsoil.

This law establishes strictly licensing, introduces the fee for the use of subsoil for various purposes and the distribution of the share of revenues received by the subsoil user. In subsoil use, many complex and unresolved problems: the depletion of mineral resources, the disposal of breed dumps, the disposal of toxic and radioactive waste.

The foundations of forest legislation (1997) enshrine the requirements for forest management. The main legal norms are aimed at using the forest as a natural resource. Reproduction of forests. Protection and protection of forests. It is possible to distinguish five groups of legal norms: forestry (forestry management, forest reproduction, protection and protection of leva, etc.), forestry (planning and use of forests as a natural resource), forest-earth (use of forest fund lands), managerial (compensation Forest management bodies), environmental, which relate to the principles of organizing forestry, distribution of forests into groups by categories of protection, forest protection from fires, illegal rods, from pollution, exhaustion, etc.

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

The legal framework 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 Protection of Atmospheric Air" (1999).

An important common activities for the protection of the air basin is to establish standards of maximum permissible harmful effects (MPC, PDK) and emission fees to the atmosphere of pollutants.

Based on and to fulfill the Constitution of the Russian Federation, federal laws, regulatory decrees of the President of the Russian Federation, the government issues decisions and orders, responding also for their execution. Government Decision is also a regulatory act. The Government Decisions on Ecology can be divided into three groups:

The first group includes those laws that are made in pursuance of the law to specify individual provisions. For example, the Regulation on the Ministry of Environmental Environment and Natural Resources, approved by the Decree of the Government of the Russian Federation of February 22, 1993

The third group of decisions of the Government of the Russian Federation involves regulatory and legal acts of further legal regulation of economic relations. Such an act should be considered a government decree dated November 4, 1993 on the establishment of a Russian system of warnings and actions in emergency situations.

The environmental ministries and departments are endowed with the right to issue regulations within their competence. They are intended for compulsory execution by other ministries and departments, individuals and legal entities. For example, the Ministry of Industry of Russia issues regulatory orders, instructions and provisions on environmental issues 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: the norms of permissible radiation, noise level, vibration, etc.

The formation of environmental legislation that meets modern tasks to ensure sustainable development and environmental recovery, began in the Nizhny Novgorod region in 1995 with the adoption of the Charter of the Nizhny Novgorod region, which consolidated constitutional environmental priorities for the region. The fifth chapter of the Charter reflects the foundations of the environmental and social policy of the region. Article 19 of Chapters 5 notes that "land, water, forest and other natural resources are used and protected in the area as the basis of the life of the present and future generations of its inhabitants." The area provides the obligation of state environmental impact assessment. The laws of the region and other regulatory legal acts establishes limits, environmental standards and regulatory fees for the use of natural resources and environmental pollution, tax and credit benefits are provided in the introduction of environmental and resource-saving technologies.

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

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

An introductory chapter What is Ecology?

Chapter I Factors and Wednesday Resources

Chapter II Ecology Oracter (Outecology)

Chapter III Basics of the Treatment of the population

Chapter IV Biocenoses, Ecosystems, Biosphere

Chapter V Ecosystem of Urban Landscapes

Chapter VI Biocenotic patterns of the evolution of cities

Chapter VII The laws of ecology and human activity

Chapter VIII Environmental Legislation of Russia

application

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

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

The 1991 Law was characterized by the following main features:

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

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

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

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

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

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

The law contained 15 sections broken by 94 articles.

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

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

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

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

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

compliance with human rights for a favorable environment;

providing favorable human life conditions;

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

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

the data of environmental management and compensation for environmental damage;

independence of environmental control;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Article 71.. Universality and complexity of environmental education.

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

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

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

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

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

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

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

Article 74. . Environmental education.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

- States should assist each other in emergency environmental situations;

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

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