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FZ on environmental protection. Russian legislation in the field of environmental safety and environmental protection

The system of legal protection of the nature of Russia includes four groups of legal events:

1) legal regulation of relations for the use, preservation and resumption of natural resources;

2) the organization of education and training, financing and logistical support of environmental action;

3) state and

public control over the fulfillment of nature conservation requirements;

4) legal responsibility of offenders.

In accordance with environmental legislation object Legal protection is a natural environment - an objective, existing outside of a person and independently of his consciousness reality, which serves as a place of habitat, condition and means of its existence.

Sources of environmental law Regulatory legal acts are recognized, which contain legal norms regulating environmental relations. These include laws, decrees, decisions and orders, regulatory acts of ministries and departments, laws and regulatory acts of the subjects of the Federation. Finally, international legal acts regulating internal environmental relations on the basis of primacy of international law are among the sources of environmental right.

As a result of the last codification, a system of environmental legislation has developed, which is based on three fundamental regulations: the Declaration of the First Congress of People's Deputies of the RSFSR on the State Sovereignty of the Russian Soviet Federal Socialist Republic (1990), Declaration of Human Rights and Freight and Citizen (1991) and the Constitution of the Russian Federation, adopted as a result of a nationwide vote on December 12, 1993

System of environmental legislationGuided by the ideas of fundamental constitutional acts, includes two subsystems:

  • conservative
  • nature laws.

In environmental legislation Enter the Federal Law of January 10, 2002 No. 7-FZ "On Environmental Protection" and other legislative acts of comprehensive legal regulation.

In the subsystem of natural legislation Included: Land Code of the Russian Federation (FZ No. 136 of 25.10.2001), Law of the Russian Federation of February 21, 1992 No. 2395-1 "On Subsoil", Forest Code of the Russian Federation (FZ No. 200 dated December 4, 2006), water Code of RF (FZ No. 74 of 03.06.2006), Federal Law of April 24, 1995 No. 52-FZ "On Animal World", as well as other legislative and regulations.

In the Constitution of the Russian Federation The main provisions of the environmental strategy of the state and the main directions of strengthening the environmental law enforcement are reflected. The Constitution of the Russian Federation introduces the definition of human environmental activities in the sphere of interaction between society and nature: environmental management, environmental protection, environmental safety.

The central place among the environmental standards of the Constitution of the Russian Federation occupies part 1 of Art. 9, which indicates that the Earth and other natural resources in the Russian Federation are used and protected as the basis of the life and activities of peoples living in the relevant territory.

In the Constitution of the Russian Federation there are two very important norms, one of which (Art. 42) enshrines the right of each person for a favorable environment, reliable information about its condition and compensation for damage caused by his health or property, and the other proclaims the right of citizens and legal entities For private ownership of Earth and other natural resources (Part 2 of Art. 9). The first concerns the biological basis of a person, the second - its material foundations of existence.

The Constitution of the Russian Federation also draws up the organizational and legal relationship between the Federation and the subjects of the Federation. According to Art. 72 Use, ownership and disposal of land, subsoil, water and other natural resources, environmental management, environmental protection and environmental safety are the joint competence of the Federation and the subjects of the Federation.

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

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

The following legal provisions are assigned in 16 chapters of the law:

  • 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 for economic activities;
  • ecological disaster zones, emergency zones;
  • state environmental monitoring (state environmental monitoring);
  • control in the field of environmental protection (environmental control);
  • scientific research in the field of environmental protection;
  • the foundations of the formation of an environmental culture;
  • international cooperation in the field of environmental protection.

Health protection and ensuring the well-being of a person - the ultimate goal of environmental protection. Therefore, in legislative acts aimed at protecting the health of citizens, environmental requirements occupy a leading place. In this sense, the source of environmental law is the Federal Law of March 30, 1999 No. 52-FZ "On the Sanitary and Epidemiological Welfare of the Population". It regulates health-related health relations from the adverse effects of the external environment - industrial, household, natural. Environmental requirements expressed in the articles of the law are at the same time both sources of environmental law. For example, the norms of Art are directed to health and the environmental environment. 18 of the Law on the disposal, processing, disposal and disposal of industrial and household waste, etc.

Another source of environmental law is the Federal Law "On the Fundamentals of the Health of Citizens in the Russian Federation" of November 21, 2011 No. 323-FZ. It has a norm providing environmental rights of citizens. So, Art. 18 It is said that "Everyone has the right to protect health. The right to health is ensured by environmental protection ... "

Legal norms for the protection of nature and rational environmental use are also contained in other acts of the environmental laws of Russia. These include the Forest Code of the Russian Federation, the Water Code of the Russian Federation, the Federal Law "On Animal World" and others.

The circle of environmental issues in which the decrees and orders of the President of the Russian Federation may be published is practically not limited. Among them, the decree of the President of the Russian Federation of February 4, 1994 No. 238 "On the State Strategy of the Russian Federation for Environmental Protection and Supporting Sustainable Development".

Based on and pursuant to the Constitution of the Russian Federation, federal laws, regulatory decrees of the President of the Russian Federation, the Government of the Russian Federation issues decisions and orders, is also responsible for their execution. The Decree of the Government of the Russian Federation is also a regulatory act. In accordance with Art. 114 Constitution of the Russian Federation The Government of the Russian Federation ensures a single state policy in the field of science, culture, education, health, social security, ecology in the Russian Federation.

Decisions of the Government of the Russian Federation On the issues of ecology can be divided into three groups.

  • The first group includes those that are based on the law to specify individual provisions.
  • The second group of decisions is designed to determine the competence of governing and control authorities.
  • The third group of resolutions includes regulatory acts of further legal regulation of environmental relations.

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.

An important role is played by regulatory rules - sanitary, Construction, Technical and Economic, Technological etc. It includes the environmental quality standards: the norms of permissible radiation, noise level, vibration, etc. These standards are technical rules, and in this form they are not considered as sources of law. Departmental regulations may be canceled by the Government of the Russian Federation if they contradict the law. Acts come into force only after registering in the Ministry of Justice and publication in the newspaper "Russian News". According to the Constitution of the Russian Federation, the subjects of the federation also have the right to take laws and other regulatory legal acts on issues related to their maintenance. The rulemaking activities are entitled to engage in representative and executive bodies of the republics, edges, regions, autonomous formations, cities of Moscow and St. Petersburg, Sevastopol.

The scope of the competence of the subjects of the Federation is determined by industry legislative acts: land use - the Land Code of the Russian Federation, on the depths of the Russian Federation "On subsoil", water use - the Water Code of the Russian Federation, on the use of the animal world - the Federal Law "On the Animal World", on the environment - Federal Law "On Environmental Protection". This separation of legal regulation is based on natural resources. The procedure for attributing natural resources to federal or other is governed by the Decree of the President of the Russian Federation on federal resources. The Constitution of the Russian Federation (Art. 76) establishes laws and other regulatory legal acts of the subjects of the Federation should not contradict the Constitution of the Russian Federation and federal laws. In the case of a contradiction between the regulatory acts of the subjects of the Federation and the articles of federal laws, the first to be canceled by decree by the President of the Russian Federation or the Decree of the Government of the Russian Federation. In addition to the special regulatory and legal acts of environmental content in recent years, environmentalization of regulations governing the economic, economic and administrative activities of enterprises has been widely used. Under environmentalizationunderstand the introduction of environmental requirements in regulatory acts of non-ecological content. The need for such a process is explained by the fact that environmental laws cannot always directly concern economic entities engaged in various production areas.

Thus, the Law of the Russian Federation of February 7, 1992 No. 2300-1 "On Consumer Protection" (Art. 7) gives the right to consumers demand that the goods are safe for his life. It also gives the right to the authorities to suspend the sale of goods, if the threat to the health of citizens or the state of the environment is created. The laws on local self-government, taxation of legal entities reflect various benefits for reducing emissions, the use of net technologies, etc.

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.

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

Section 1. General provisions.

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

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

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

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

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

Section 3. Economic mechanism for environmental protection.

This section discloses the following:

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

Section 4. Regulation of the quality of the environment.

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

Section 5. State environmental impact assessment.

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

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

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

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

The section provides environmental requirements separately:

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

Section 8. Extreme environmental situations.

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

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

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

Section 9. Specially protected natural territories and objects.

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

Section 10. Environmental control.

The section defines environmental control tasks:

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

As well as levels of environmental control:

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

Section 11. Environmental education, education, scientific research.

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

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

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

Section 13. Responsibility for environmental offenses.

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

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

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

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

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

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

The section provides the principles and types of international cooperation.

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

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

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

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

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

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

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

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

Table 1.

Federal Level

Regional level

the Russian Federation

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

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

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

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

The system of interdepartmental and departmental regulatory and methodological documentation

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

Subjects of the Russian Federation

Laws of the constituent entities of the Russian Federation

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

System of regional standards and standards

Bilateral international agreements

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

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

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

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

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

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

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