(natural systems; Natural resources and other security objects; Especially protected areas and objects)
Under the objects of guard ambient Its composite parts are understood in environmental relationships, relationships on the use and protection of which are settled by the right, since they represent economic, environmental, recreational and other interests. Objects are classified in three groups.
Natural systems
This group includes environmental systems and an ozone layer with global importance. They provide a continuous process of metabolism and energy inside nature, between nature and man, representing a natural human habitat. As already noted, only natural ingredients are understood under the environment and its protected objects: in the circle of the natural habitat, the goods created by a person are not included; Parts of nature that came out of environmental connection with nature (water seized from it - in the crane seized from natural Conditions animals); Elements of nature that do not represent at this social value or the protection of which is not possible.
For example, the ozone layer is the most important part near-earth space, seriously affecting the state of heat exchange between the Earth and Space. States are taking measures to protect him, (more they are considered in the topic of protection atmospheric air). Not all of them are sufficiently implemented. It is even more difficult to agree and protect the space more remote from the ground from pollution by aircraft, research, observation devices.
The protection is subject to natural or geographic landscapes - natural complexes in which the natural components are in the interaction forming the terrain. Typical landscapes - mountain, foothills, plain, hilly, lowlands. They are taken into account and are used in the construction of cities, gasket roads, tourism organizations.
Thus, the protection against pollution, damage, damage, depletion, the destruction is that it is located in Russia or above it, as well as what can be protected by modern technical means and through legal regulation.
Natural Resources and Other Protection Objects
The main individual natural resources and objects to be protected, six: land, its bowels, water, forests, animal world, atmospheric air (individual topics of the textbook are dedicated to the analysis of their protection).
Under the ground is understood as a surface embracing the fertile layer of the soil. The most valuable are agricultural land intended for agriculture (arable land) and animal husbandry. They cannot be replaced by anything, undergo wind and water erosion, clogging and pollution and therefore deserve increased security. Agricultural land is 37% of all land lands, but their area is constantly decreasing due to the growth of cities, road construction, reservoirs, power lines and communication lines. Non-agricultural land serve as a spatial operating basis for the placement of other sectors of the national economy.
Sublims are considered part earth crustLocated below the soil layer and the bottom of the reservoirs extending to the depths available for studying and mastering. Substitutes include the surface of the earth, if it contains reserves of minerals. The main problems are two - integrated use mineral resources In view of their non-renewability and burial in the depths of waste, especially toxic. Legal regulation of the protection of the subsoil of the Earth is carried out in the Federal Law "On Subsoil" 1995 of the SZ of the Russian Federation. 1995. No. 10. Art. 283.
Water - all water in water bodies. Water can be superficial and underground; water object - This is the concentration of water on the sushi surface in the forms of its relief either in the depths, having the boundaries, volume and features of the water regime. The main task in using the water supply of proper drinking water supply, the prevention of pollution and exhaustion of water from industrial and domestic discharges See: about the state of water supply of the population of Russia and quality improvement measures drinking water // Environmental safety of Russia. Vol. 2. M.: Legal literature, 1996. S. 178 .. The main act in this area is the CC of the Russian Federation of 1995 of the SZ of the Russian Federation. 1995. No. 47. Art. 447.
Protection objects are forests and other vegetation, their main function - Satisfaction of the needs in wood, oxygen production ("light planets"), recreation. Problems - Overlace, litter, fires, reproduction of forests, see: about the threat of environmental safety of Russia in connection with the depletion and refuse of forest resources // Ecological safety of Russia. Vol. 1. M.: Legal literature, 1994. S. 170 .. Basic legal regulation of protection, rational use And forest protection is carried out by the LC of the Russian Federation 1997
Animal world, Microorganisms, the Genetic Foundation are also environmental protection facilities. The animal world is a combination of living organisms of all types of wild animals, constantly or temporarily inhabiting the territory of Russia and are in a state of natural freedom, as well as related to natural resources of the continental shelf and the exceptional economic zone of Russia. See: Bogolyubov S. A., Zaslavskaya L. A. and others. Legislation on the animal world. A postroom comment to the law // Legislation and Economics. 1996. # 1. Its protection is carried out on the basis of Federal Law "On the animal world" 1995 of the SZ of the Russian Federation. 1995. No. 17. Art. 1462.
Microorganisms or microflora are microbes, predominantly unicellular simplest creatures - bacteria, yeast, mushrooms, algae, distinguishable only under a microscope are in soil, water, food products, human body. See: BSE. T. 16. P. 233, 244. Science ceases to share them on useful and pathogenic: in environmental relationships, they are part of the habitat and therefore are subject to study.
Under the protected genetic foundation means a combination of types of living organisms with their manifested and potential hereditary deposits, see: Reimers N. F. Environmental use. Dictionary-directory. M.: Thought, 1990. P. 89 .. The degradation of the natural environment can lead to irreversible changes in plants and animals, to the emergence of mutants, i.e. individuals with unusual genetic signs.
A peculiar object of protection is the atmospheric air in which the natural medium is embodied, surrounding man. Modern relevant problems are the prevention of noise and radiation - specific impacts on the person transmitted mainly through the atmospheric air. Its protection is carried out in accordance with the Law of the RSFSR "On the Protection of Atmospheric Air" 1982 of the UCV of the RSFSR. 1982. No. 29. Art. 1027.
Especially protected areas and objects
All achieved natural objects - environmental components are subject to protection, but special protection deserve specially dedicated territories and part of nature. In our country, their territory is about 1.2%. These are reserves, national parks, reserves, nature monuments that are under threat of destruction of plants and animals listed in the Red Book.
Regulation of their protection and use is carried out on the basis of the Federal Law "On Natural Medical Resources, Medical and Improvements and Resorts" 1995 of the SZ RF. 1995. No. 9. Art. 713. And the Federal Law "On Specially Protected natural territories"1995 of the SZ of the Russian Federation. 1995. No. 12. Art. 1024. The main problems are the preservation and buildup of specially protected areas and objects and maintaining an declared special reserved regime in them (a special topic is also dedicated to their consideration).
Control questions
What are the principles of environmental protection?
What are the basic principles of environmental protection?
What does sustainable development mean and what is its main strategy?
What are the form of legal support of environmental relations?
What are the principles and foundations of international cooperation in the field of environmental protection? What is their meaning? What is their legal character?
What is the classification of environmental protection facilities?
What six main natural resources are subject to legal protection?
Topics of abstracts
The role of environmental protection principles in environmental law.
Problems of the relationship between economics and ecology: general and special.
Stages and stages of functioning of the legal environmental system.
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1. Objects of environmental protection against pollution, depletion, degradation, damage, destruction and other negative impact of economic and other activities are: land, bowel, soil; surface and groundwater; forests and other vegetation, animals and other organisms and their genetic atmospheric air, ozone layer of atmosphere and near-earth cosmic space. 2. In priority, natural environmental systems, natural landscapes and natural complexes that are not exposed to anthropogenic effect are subject to protection. 3. Special security subjects are subject to objects included in the list of world cultural heritage and World Natural Heritage List, State Natural reserves, including biosphere, state natural reserves, nature Monuments, National, Natural and Dendrological Parks, Botanical gardens, therapeutic and health and resorts, other natural complexes, original habitat, traditional accommodation and economic activity indigenous small peoples Russian Federation, objects having special environmental, scientific, historical and cultural, aesthetic, recreational, wellness and other valuable importance, continental shelf and exceptional economic zone of the Russian Federation, as well as rare or under threat to the disappearance of soil, forests and other vegetation, animals and others organisms and their habitats. For medical and wellness areas and resorts, see also: |
Adopted on December 19, 1991, the Law of the RSFSR "On Environmental Protection" marks new stage In the development of Russian environmental legislation as the legislation of the new generation.
The nature of the violation of the natural environment in the construction of the underground part of the buildings and structures is diverse, and the type of compliant ... Federal Law on Environmental Protection has a significant impact on this nature.
The Law of the Russian Federation "On Environmental Protection" contains the most general principles of assessing and compensation for harm caused by the environment as a result of an environmental offense.
Legal responsibility is a consequence of a perfect environmental offense. The concept of it is contained in the Law of the Russian Federation "On the Protection of the Environmental Environment".
Thus, the RSFSR law of December 19, 1991 was named "On the Protection of the Environmental Environment". In many domestic works, it is properly indicated by the incorrectness of the "Environment" concept.
IN general Directions of economic stimulation of environmental protection are defined in Art. 24 of the Law "On Environmental Protection". These include: the establishment of tax and other benefits provided by state and other ...
According to Art. 89 The Environmental Protection Act, when determining the importance of harm to health of citizens, the necessary costs for health restoration, missed professional capabilities, costs associated with ...
At the same time, under the limits are the standards of maximum permissible emissions and discharges harmful substancesprovided for by Art. 27 of the Law "On Environmental Protection" and temporarily agreed standards (Article 45).
At the same time, the Law "On Environmental Protection" provides compensation for harm caused by the health of citizens by adverse environmental impact (Art. 89).
The RSFSR Law "On Environmental Protection" allocates two types of environmental insurance - voluntary and compulsory public insurance of enterprises, as well as citizens, objects of their property and income in case of environmental and ...
ñ security objects
ñ Protection objects in priority (untouched by man natural landscapes and natural complexes)
ñ Protection objects in exceptional order (PAs - Lists of the World Natural and World cultural heritage), animals listed in red books, traditional environmental management of indigenous peoples.
Are not objects of environmental relationships seized from the environment (TCs they have lost contact with nature)
6. The concept and system of sources of environmental law.
Sources - objective carriers.
Sources of environmental law - Regulatory legal acts containing norms on regulating public environmental legal relations.
Features of environmental sources:
1) two levels of establishing legal norms (that is, acts of the Russian Federation and the acts of its subjects), since the majority of legal relations that are the subject of environmental law are related to the subjects of joint management of the Russian Federation and its subjects; In addition, a number of issues (landscaping, solid household waste) attributed to local matters and can be regulated by municipal legal acts;
2) the norms of environmental law are contained not only in special legislation, but also in acts of other branches of legislation;
3) a significant amount of regulatory acts, which is associated both with objective factors (the specificity of various objects, on which relations, settlement ecological and legal norms arise), and with subjective factors (imperfection regulatory base, non-optimal organ structure environmental management, corruption norms, etc.).
Classification of sources of environmental law
Consider various classifications Sources of environmental law.
According to legal strength:
regulations
On the subject of regulation:
Special
In the direction of legal regulation:
Material
Procedural
The nature:
Codified
Sorodentified
7. The environmental legislation as a source of environmental law.
Concept environmental legislation The domestic doctrine is determined through the subject of legal regulation of two: in a narrow and broad sense. In the first case, it is a combination of legislative and other regulatory and legal acts containing legal norms regulating only environmental protection. In the second case, the use of natural resources, environmental safety and law enforcement, is included in the subject of legal regulation.
In order to get the most common idea of \u200b\u200bthe system of Russian environmental legislation, turn to the list of federal (and equivalent) laws. As mentioned above, among them we can allocate general and special environmental laws, as well as ensuring their implementation of acts. As a general, the federal law "On Environmental Protection".
Special laws with certain reservations can be grouped depending on the main object of regulation, is distinguished, in particular, the laws regulating the following:
The protection of atmospheric air, climate - federal laws "On the Protection of Atmospheric Air" and "On Hydrometeorological Service";
The protection of the animal world and protected areas is the federal laws "On the animal world", "about the specially protected natural territories", "on the protection of Lake Baikal", "On natural therapeutic resources, medical and wellness areas and resorts";
The protection of the marine environment - federal laws "On the continental shelf of the Russian Federation", "On the exclusive economic zone of the Russian Federation", "on internal seawood, territorial sea and adjacent zone of the Russian Federation ";
Protection of land (soil) - federal laws "On land aelication", "On state regulation of ensuring fertility of agricultural land", "On State Land Cadastre";
Special place In the system of environmental legislation, codified acts are occupied: Water Code of the Russian Federation, the Forest Code of the Russian Federation ..., as well as, although the name of the law, but similar to the Water or Forest Code of the Russian Federation, in terms of the circle of regulated issues and used techniques of legal equipment, the Law of the Russian Federation "On Subsoil" (in Ed. of March 3, 1995).
With regard to the assessment of the state of Russian environmental legislation as a whole, it must be said that individual gaps are still not yet eliminated. So, not adopted federal laws on the vegetation world, drinking water, hazardous substances. Some acts are too declarative (for example, the Federal Law "On the Protection of Lake Baikal") or regulate too narrow questions, which, in principle, must be solved in a major law. Many acts reproduce not only individual norms, but also entire institutions. At a minimum, the systematization of environmental legislation is required, as a maximum of its codification. An even more acute is the question of the system of state environmental management in the country, which is not allowed to recreate an independent legal body, but implying thoughtful improvement information support, control and other functions. And, of course, the development is relevant regulatory requirements The processes of making environmentally significant decisions, especially those whose consequences will affect future generations, to the calculations of environmental risks, to guarantees of environmental rights of citizens.
8. general characteristics Federal Law "On Environmental Protection".
Federal Law of January 10, 2002 No. 7-FZ "On Environmental Protection". Replaced the Law of the RSFSR of 12/19/1991.
Adopted GD of the Russian Federation 20.12.2001, approved FS RF 26.12.2001
The structure of the Federal Law includes:
Chapter I. General provisions;
Head of P. Basics of Environmental Management;
Chapter III. The rights and obligations of citizens, public and other non-commercial 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. Evaluation of environmental impact and environmental expertise;
Chapter VII. Environmental protection requirements in the exercise 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. State environmental oversight of the environment. Production and public monitoring in the field of environmental protection;
Chapter XII. Scientific research in the field of OS protection;
Chapter XIII. Basics of formation of ecological culture
Chapter XIV.; Responsibility for violation of legislation in the field of environmental protection and resolution of disputes in the field of environmental protection
Chapter XV. The international cooperation In the field of protection of the OCD.
Chapter XVI. Final provisions
It operates in 20 editions. This law provides a number of basic concepts for environmental law, such as: Environment, harm caused by the environment. Listed basic principles: for example, the principle of sustainable development, the preservation of bio diversity, etc.
9. The right of citizens to a favorable environment.
In accordance with Art. 2 of the Constitution of the Russian Federation, "man, his rights and freedoms are the highest value." Consequently, in the context of environmental legislation. higher value Wears just right to a favorable environment. For the first time, the question of the right of a person on favorable conditions Life was affected by the Stockholm UN Conference in 1972.
In law (Art. 1) a favorable environment is defined as "the environment, the quality of which ensures the sustainable functioning of natural ecological systems, natural and natural and anthropogenic objects." Thus, the right to a favorable environment has a fairly widespread content: it does not boil down to human law on environmental well-being in places where his daily livelihoods flows. Everyone has the right to require compliance with environmental equilibrium not only in the area of \u200b\u200bits direct accommodation, but also in others, even removed from it the points of the planet. The right to a favorable environment as a subjective legal authority is provided by judicial protection. Violations this principle may be appealed in judicial or administrative order.
10. The right to reliable information about the state of the environment. Sources of environmental information.
According to Article 3 of the Federal Law on Protection, everyone has the right to information of the OS state of the environment. In the Russian Federation, the concept of environmental information is absent. This concept Clearly disclosed in the Aarhus Convention on the right to environmental information and access to justice on environmental affairs. This convention was discussed and adopted in Denmark in 1998. The Russian Federation took an active part in the development of this convention. The Russian Federation refused to ratify it. The concept of environmental information is very wide - the environment, the state of natural objects, production processesthat practically does not remain for information hidden, secrets. Ratification is planned in 2013. It is empowered to create an Aarhus Center, which will work within 4 years and this TST will develop changes to the legislation on the secret.
Generic notion "Information" - 07.27.06 "On information"
"...1) information - information (messages, data) regardless of the form of their submission; ... "
Federal Law of 27.07.2006 N 149-FZ
(ed. dated 04/06/2011, with change of 07/21/2011)
"On information, information technologies and about the protection of information "
Publicly available
Limited access (mystery)
It may not be limited to access to information about the state of the environment.
"...state mystery - States protected by the state in the field of its military, foreign policy, economic, intelligence, counterintelligence and operational investigative activities whose distribution can cause damage to the security of the Russian Federation; ... "
RF law of 21.07.1993 N 5485-1
(Ed. from 08.11.2011)
"On State Secret"
"...1) trade secret - the confidentiality mode of information that allows its owner with existing or possible circumstances to increase revenues, avoid unjustified expenses, maintain a position in the market of goods, works, services or get a different commercial benefit; ... "
Federal Law of 29.07.2004 N 98-FZ
(ed. from 11.07.2011)
"About commercial mystery"
There can be no commercial secret information about the state of the environment, state of sanitary
Criteria
1. Fullness
2. Reliability
The main role in the information is entrusted to Roshydromet (Federal Law of 19.07.1998 N 113-FZ (ed. From 11/21/2011) "On Hydrometeorological Service").
a) global and continuity of environmental observations
b) unity and comparability of observation
c) security of observation work
d) integration with state and interstate structures
e) ensuring the accuracy of information
(e) The activities of the Hydrometeorological Service must comply with the Principles of Environmental Protection
Information obtained as a result of monitoring
· general purpose information - obtained and processed in the manner prescribed by the federal executive authority in the field of hydrometeorology and related areas, provided to users (consumers), free information on the actual and predicted state of the environment, its pollution; (as amended by federal laws from 08.22.2004 N 122-FZ, from 02.02.2006 N 21-FZ)
· specialized information - information that is provided by request of the user (consumer) and at the expense of its funds;
The Unified State Fund of Data on the State of the Environment, its pollution (Article 15.) - PP of 14.02.2000 - regulates
Timely identification and forecasting environmental pollution
The maintenance of a single state-fund data (PP 21.12.1999 No. 1410) is an ordered set of information on the state of the environment, its pollution obtained as a result of Roshydromet activities, government agencies, OMS, FL and Yul and the field of meteorology and related regions. Priority for paper carriers.
1. Sources of information
2. Regulatory acts
3. Cadastras of natural resources
4. Environmental Monitoring Data
6. Materials of state statistical accounting
8. Accounting systems of dangerous objects
9. State catalog of agrochemicals and pesticides
10. The results of the environmental impact
11. Rights of public formations in the field of environmental protection.
Article 12. Rights and obligations of public and other non-profit associations operating in the field of environmental protection (FZ "On Environmental Protection")
1. Public and other non-commercial associations operating in the field of environmental protection are entitled to:
develop, promote and implement in the established manner of the Program in the field of environmental protection, to protect the rights and legitimate interests of citizens in the field of environmental protection, to involve citizens on a voluntary basis to carry out activities in the field of environmental protection;
at the expense of own and attracted funds to carry out and promote activities in the field of environmental protection, reproduction of natural resources, and environmental safety;
support the authorities state power Of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local governments in solving environmental issues;
organize meetings, rallies, demonstrations, processions and picketing, collecting signatures under petitions and take part in these events in accordance with the legislation of the Russian Federation, to make proposals for referenda on environmental issues and discussing projects related to environmental protection;
contact the state authorities of the Russian Federation, the state authorities of the constituent entities of the Russian Federation, local governments, other organizations and to officials On obtaining timely, full and reliable information on the state of the environment, about measures for its protection, about the circumstances and the facts of economic and other activities that create a threat to the environment, the life, health and property of citizens;
participate in the prescribed manner in the adoption of economic and other solutions, the implementation of which can have a negative impact on the environment, life, health and property of citizens;
apply to state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local governments and other organizations with complaints, statements, claims and proposals on issues related to environmental protection, negative environmental impact, and receive timely and reasonable answers;
organize and conduct in the prescribed manner of the study on the design, placement of facilities, the economic and other activities of which can harm the environment, to create a threat to life, health and property of citizens;
organize and implement public environmental expertise in the prescribed manner;
submit to state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local governments, the court of conversion to the abolition of decisions on the design, placement, construction, reconstruction, on the operation of objects, economic and other activities of which can have a negative impact on the environment, on restriction, on suspension and termination of economic and other activities that have a negative impact on the environment;
make in court an article on compensation for harm to the environment;
implement the other rights provided for by law.
12. Environmental safety measures.
In the 50s of the 20th century, the concept of environmental danger appeared, in particular the concept of Ecologic Remers appeared. Once there was a danger, then the second step is the need to develop measures to ensure security. Starting from the 60-70s, the concept of environmental safety began to be developed. The first step is the adoption of the law "On Security" from 1992. In the scientific literature, the question was to determine the diphenization of EB. By the mid-90s there were 3 points of view. Everyone coincided with the fact that this is a state of security. And then specialists dispersed in opinion.
1 TK (Petrov, Moscow State University) EB is a state of protection of the vital interests of society, personality and statement.
2 TK (Zhevlakov) EB is a state of protection of the biological foundations of the life of health and human development.
3 TK (Vinokurov) EB - the state of protectedness of the population, animal and vegetable worldsurrounding the natural environment in general from the consequences of an anthropogenic nature, as well as from natural Disasters And disasters.
In 1995, a draft FZ on environmental safety was developed. Developers have determined that EB is a state of protected by the vital interests of personalities, society, the natural environment from the threats of anthropogenic and natural impacts arising from the result. This bill was adopted only in the first reading, this fate ended.
Adoption of the Law on Protection district environments. The current diffusion of concept is contained in the article of the first law and is defined as an EB is a state of protecting the natural environment and the vital interests of a person from the possible negative impact of economic and other activities of natural and technogenic emergency situations, their consequences.
folds on several levels:
International (M \\ Individual Contracts)
Federal level (to the Russian Federation (analysis of 2nd articles 41 and 42 st), security FZ; FZ on environmental protection; norms regulating security in various fields (see Questions from 2-6); registering acts)
Interregional (regulation of the issue within federal districts)
Regional
The level of subjects (the head of the executive power in the subject is responsible for the documents)
Municipal Level (Head of Munitz Education)
Local level (production subjects).
Environmental Safety Measures
actions that reduce the level of environmental hazard or aimed at reducing the potential possibility of environmental hazards. M software .E.b. Includes a complex of environmental, economic, legal and social laws and regulations that reduce environmental hazards, as well as activities to prevent emergency environmental disasters due to natural disasters.
13. Legal measures to ensure radiation safety.
FZ "On Radiation Safety" 09.01.1996 N 3-ФЗ
the radiation safety of the population is the state of the security of the present and future generations of people from the impact of ionizing radiation harmful to their health.
The basic principles of radiation security are:
principle of rationing - non-test permissible limits individual doses of the irradiation of citizens from all sources of ionizing radiation;
the principle of substantiation is the prohibition of all types of activities on the use of ionizing radiation sources, in which the benefits obtained for humans and society does not exceed the risk. possible harmcaused by the natural radiation background by irradiation;
the principle of optimization is maintaining on a possible low and achievable level with regard to economic and social factors Individual doses of irradiation and the number of irradiated persons using any source of ionizing radiation.
Radiation safety is ensured:
carrying out a complex of measures of legal, organizational, engineering, technical, sanitary and hygienic, medical and prophylactic, educational and educational nature;
the implementation of the federal executive authorities, the executive authorities of the constituent entities of the Russian Federation, local governments, public associations, other legal entities and citizens of measures to comply with rules, norms and regulations in the field of radiation safety;
informing the population on the radiation situation and measures to ensure radiation safety;
training in the field of radiation safety.
Radiation security assessment is carried out according to the following main indicators:
characteristic of radioactive environmental pollution;
analysis of the provision of radiation safety measures and rules, rules and hygienic standards in the field of radiation safety;
the probability of radiation accidents and their scale;
the degree of readiness to effectively eliminate radiation accidents and their consequences;
analysis of radiation doses obtained by individual groups of the population from all sources of ionizing radiation;
the number of persons subjected to irradiation above established limits of radiation doses.
The results of the assessment are annually entered into radiation-hygienic passports of organizations, territories.
Also in this field provided: government planning, rationing, leasing and control / supervision.
14. Environmental requirements in the field of environmental protection in the implementation of economic and other activities.
1. General environmental requirements for economic activities
All legislation today is aimed at using the best existing technologies.
GL 7 FZ on the protection of the OS - requirements for the development, conservation, placement, design, commissioning, output from operation
1. All these events are subject to EIA
2. necessarily conducting EE
3. All objects operating with violation of the requirements of those regulations and eq. Standards - Activity D.B. suspended. Failure to comply with the requirements to bring in accordance - termination is only a judicial order.
4. When placing buildings, buildings, structures, the requirements for the restoration of natural environment, the rational use and reproduction of natural resources should be complied with the rules for environmental safety, biodiversity.
1. When designing a host. Objects are necessarily taken into account:
Standards of anthropogenic load
Ways to accommodate production and consumption waste
Maximum should be counted best technologies
There is a direct legal prohibition of the cost reduction by reducing the scope of OS protection measures.
When placing the TGO polygons, the land cultivation projects are necessarily approved
\u003d technical stage - A project of reclamation is being developed, soil, hydrological, soil and other surveys are being carried out, the reclamation project is required by GEE
\u003d biological stage - the implementation of the reclamation activities themselves - the removal, application of the soil layer, the applied of slopes - the result - the act of transmission-reception of non-cultivated lands
(Natural systems; Natural resources and other security objects; especially protected areas and objects)
Under the objects of environmental protection, its integral parts are understood in environmental relationships, relationships on the use and protection of which are settled by the right, since they are economic, environmental, recreational and other interests. Objects are classified in three groups.
Natural systems
This group includes environmental systems and an ozone layer with global importance. They provide a continuous process of metabolism and energy inside nature, between nature and man, representing a natural human habitat. As already noted, only natural ingredients are understood under the environment and its protected objects: in the circle of the natural habitat, the goods created by a person are not included; Parts of nature, published from environmental connection with nature (water seized from it - in the crane seized from natural conditions of animals); Elements of nature that do not represent at this social value or the protection of which is not possible.
For example, the ozone layer is an essential part of the near-empty space, seriously affecting the state of heat exchange between the Earth and Space. States take measures to protect him, (more details they are considered in the topic of atmospheric air protection). Not all of them are sufficiently implemented. It is even more difficult to agree and protect the space more remote from the ground from pollution by aircraft, research, observation devices.
The protection is subject to natural or geographic landscapes - natural complexes in which the natural components are in the interaction forming the terrain. Typical landscapes - mountain, foothills, plain, hilly, lowlands. They are taken into account and are used in the construction of cities, gasket roads, tourism organizations.
Thus, the protection against pollution, damage, damage, exhaustion, destruction is subject to what is in Russia or above it, as well as what can be protected using modern technical means and through legal regulation.
Natural Resources and Other Protection Objects
The main individual natural resources and objects subject to Oxran, six: earth, its bowels, water, forests, animal world, atmospheric air (individual topics of the textbook are dedicated to the analysis of their protection).
Under the ground is understood as a surface embracing the fertile layer of the soil. The most valuable are agricultural land intended for agriculture (arable land) and animal husbandry. They cannot be replaced by anything, undergo wind and water erosion, clogging and pollution and therefore deserve increased security. Agricultural land is 37% of all land lands, but their area is constantly decreasing due to the growth of cities, road construction, reservoirs, power lines and communication lines. Non-agricultural land serve as a spatial operating basis for the placement of other sectors of the national economy.
The subsoil is considered to be part of the earth's crust below the soil layer and the bottom of the reservoirs extending to the depths available for studying and mastering. Substitutes include the surface of the earth, if it contains reserves of minerals. The main problems are two - the integrated use of mineral resources due to their non-renewability and disposal in the depths of waste, especially toxic. Legal regulation of the protection of subsoil of land is carried out in the Federal Law "On Subsoil" 1995 *
* SZ RF. 1995. No. 10. Art. 283.
Water - all water in water bodies. Water can be superficial and underground; The water object is to focus on the surface of the sushi in the forms of its relief or in the depths, having the boundaries, the volume and features of the water regime. The main task in using the water supply of proper drinking water supply, prevention of pollution and exhaustion of water from industrial and domestic discharges *. The main act in this area is the VC of the Russian Federation 1995 **
_____________________________________________________________________________________________________
* See: on the state of water supply of the population of Russia and measures to improve the quality of drinking water // Ecological safety of Russia. Vol. 2. M.: Legal literature, 1996. P. 178.
** SZ RF. 1995. No. 47. Art. 447.
The objects of security are forests and other vegetation, their main function is to satisfy the needs in wood, the production of oxygen ("light planets"), recreation. Problems - Overlace, litter, fires, reproduction of forests *. The main legal regulation of the protection, rational use and protection of forests is carried out by the LC of the Russian Federation 1997
__________________________________________________________________
* See: About the threat of environmental safety of Russia in connection with the exhaustion and refund of forest resources // Ecological safety of Russia. Vol. 1. M.: Legal literature, 1994. P. 170.
Animal world, microorganisms, the genetic fund is also objects of environmental protection. The animal world is a set of living organisms of all types of wild animals, constantly or temporarily inhabiting the territory of Russia and those in a state of natural freedom, as well as related to natural resources of the continental shelf and the exceptional economic zone of Russia. * Its protection is carried out on the basis of the Federal Law "On Animal the world "1995 **
Microorganisms or microflora are microbes, preferably unicellular simplest creatures - bacteria, yeast, mushrooms, algae, distinguishable only under the microscope are located in soil, water, food, human body. *** Science ceases to share them on useful and pathogencies: in Environmental relationships they are part of the habitat and therefore are subject to study.
___________________________________________________________________
* See: Bogolyubov S. A., Zaslavskaya L. A. and others. Legislation on the animal world. A postroom comment to the law // Legislation and Economics. 1996. No. 1.
** SZ RF. 1995. No. 17. Art. 1462.
*** See: BSE. T. 16. P. 233, 244.
Under the protected genetic foundation means a combination of species of living organisms with their manifested and potential hereditary deposits *. The degradation of the natural environment can lead to irreversible changes in plants and animals, to the appearance of mutants, i.e., individuals with unusual genetic signs.
A peculiar object of protection is the atmospheric air in which the natural medium surrounding the person is embodied. Modern relevant problems are the prevention of noise and radiation - specific impacts on the person transmitted mainly through the atmospheric air. Its protection is carried out in accordance with the Law of the RSFSR "On the Protection of Atmospheric Air" 1982 **
____________________________________________________________________________________________________
* See: Reimers N. F. Environmentalization. Dictionary-directory. M.: Thought, 1990. P. 89.
** RSFSR Air Force. 1982. No. 29. Art. 1027.
Especially protected areas and objects
All achieved natural objects - environmental components are subject to protection, but special protection deserve specially dedicated territories and part of nature. In our country, their territory is about 1.2%. These are nature reserves, national parks, reserves, nature monuments that are under threat of destruction of plants and animals listed in the Red Book.
The regulation of their protection and use is carried out on the basis of the Federal Law "On Natural Medical Resources, Medical and Health Regions and Resorts" of 1995 * and the Federal Law "On Especially Protected Natural Territories" 1995. ** The main problems are the preservation and extension of specially protected Territories and objects and maintaining an announced special protected regime in them (a special topic is also dedicated to their consideration).
___________________________________________________________________
* SZ RF. 1995. No. 9. Art. 713.
** SZ RF. 1995. No. 12. Art. 1024.
? Control questions
What are the principles of environmental protection?
What are the basic principles of environmental protection?
What does sustainable development mean and what is its main strategy?
What are the form of legal support of environmental relations?
What are the principles and foundations of international cooperation in the field of environmental protection? What is their meaning? What is their legal character?
What is the classification of environmental protection facilities?
What six main natural resources are subject to legal protection?
Topics of abstracts
The role of environmental protection principles in environmental law.
Problems of the relationship between economics and ecology: general and special.
Stages and stages of functioning of the legal environmental system.
Literature
Legal protection of the environment in countries of Eastern Europe. M.: Higher School. 1990.
Ecological law of Russia. Collection of regulatory acts. / Ed. A. K. Golichenkov. M., 1997.
Brinkuk M. M., Dubovik O. L., Zhavoronkova N. G., Sabasov O. S. Environmental law: from ideas to practice. M.: RAS, 1997.
On the way to the sustainable development of Russia. Bulletin of the Center for Environmental Policy of Russia. M., 1996-1998.
Mountain Al. Earth on the scales. Ecology and human spirit. M., 1993.
Legal reform: Development concept russian legislation. M.: Izispr, 1995.
Douglas O. Three Stretch War. Chronicle of ecological disaster. M., 1975.
Zlotnikova T. V. Legislative foundations of environmental safety in the Russian Federation. M., 1995.
Sausages O. S. International legal protection of the environment. M., 1982.
Krasnova I. O. Environmental law and management in the United States (Preface S. A. Bogolyubova). M.: Baikal Academy, 1992.
Robinson N. A. Legal regulation of environmental management and environmental protection in the United States (afterword O. S. Kolubasova). M.: Progress, 1990.
Comparative review of the legislation of the CIS member states. M., 1995.
Decree of the Government of the Russian Federation "On the conclusion of an agreement between the Government of the Russian Federation and the Government of the Kingdom of Sweden on cooperation in the field of nuclear and radiation safety regulation when using atomic energy For peaceful purposes "of November 22, 1997
Decree of the Government of the Russian Federation "On ensuring the implementation of the provisions of the Protocol on Environmental Protection to the Antarctic Treaty" of December 18, 1997
Ecological law Bogolyubov Sergey Aleksandrovich
§ 5. Environmental Protection Objects
(Natural systems; Natural resources and other security objects; especially protected areas and objects)
Under the objects of environmental protection, its integral parts are understood in environmental relationships, relationships on the use and protection of which are settled by the right, since they are economic, environmental, recreational and other interests. Objects are classified in three groups.
Natural systems
This group includes environmental systems and an ozone layer with global importance. They provide a continuous process of metabolism and energy inside nature, between nature and man, representing a natural human habitat. As already noted, only natural ingredients are understood under the environment and its protected objects: in the circle of the natural habitat, the goods created by a person are not included; Parts of nature, published from environmental connection with nature (water seized from it - in the crane seized from natural conditions of animals); Elements of nature that do not represent at this social value or the protection of which is not possible.
For example, the ozone layer is an essential part of the near-empty space, seriously affecting the state of heat exchange between the Earth and Space. States take measures to protect him, (more details they are considered in the topic of atmospheric air protection). Not all of them are sufficiently implemented. It is even more difficult to agree and protect the space more remote from the ground from pollution by aircraft, research, observation devices.
The protection is subject to natural or geographic landscapes - natural complexes in which the natural components are in the interaction forming the terrain. Typical landscapes - mountain, foothills, plain, hilly, lowlands. They are taken into account and are used in the construction of cities, gasket roads, tourism organizations.
Thus, the protection against pollution, damage, damage, exhaustion, destruction is subject to what is in Russia or above it, as well as what can be protected using modern technical means and through legal regulation.
Natural Resources and Other Protection Objects
The main individual natural resources and objects to be protected, six: land, its bowels, water, forests, animal world, atmospheric air (individual topics of the textbook are dedicated to the analysis of their protection).
Under the ground is understood as a surface embracing the fertile layer of the soil. The most valuable are agricultural land intended for agriculture (arable land) and animal husbandry. They cannot be replaced by anything, undergo wind and water erosion, clogging and pollution and therefore deserve increased security. Agricultural land is 37% of all land lands, but their area is constantly decreasing due to the growth of cities, road construction, reservoirs, power lines and communication lines. Non-agricultural land serve as a spatial operating basis for the placement of other sectors of the national economy.
The subsoil is considered to be part of the earth's crust below the soil layer and the bottom of the reservoirs extending to the depths available for studying and mastering. Substitutes include the surface of the earth, if it contains reserves of minerals. The main problems are two - the integrated use of mineral resources due to their non-renewability and disposal in the depths of waste, especially toxic. Legal regulation of the protection of the subsoil of land is carried out in the Federal Law "On Subsoil" in 1995
Water - all water in water bodies. Water can be superficial and underground; The water object is to focus on the surface of the sushi in the forms of its relief or in the depths, having the boundaries, the volume and features of the water regime. The main task in using the water supply of proper drinking water supply, prevention of pollution and exhaustion of water from industrial and domestic discharges. The main act in this area is the VC of the Russian Federation of 1995
Protection objects are forests and other vegetation, their main function is to satisfy the needs in the wood, the production of oxygen ("light planets"), recreation. Problems - Overlace, litter, fires, reproduction of forests. The main legal regulation of the protection, rational use and protection of forests is carried out by the LC of the Russian Federation 1997
Animal world, microorganisms, the genetic fund is also objects of environmental protection. The animal world is a combination of living organisms of all types of wild animals, constantly or temporarily inhabiting the territory of Russia and are in a state of natural freedom, as well as related to natural resources of the continental shelf and the exceptional economic zone of Russia. Its protection is carried out on the basis of the Federal Law "On Animal World" 1995
Microorganisms or microflora are microbes, mainly unicellular simplest creatures - bacteria, yeast, mushrooms, algae, distinguishable only under a microscope are in soil, water, food, humans, human body. Science ceases to share them on useful and disastrous: in environmental relationships, they are part of the habitat and therefore are subject to study.
Under the protected genetic foundation means a combination of species of living organisms with their manifesive and potential hereditary deposits. The degradation of the natural environment can lead to irreversible changes in plants and animals, to the appearance of mutants, i.e., individuals with unusual genetic signs.
A peculiar object of protection is the atmospheric air in which the natural medium surrounding the person is embodied. Modern relevant problems are the prevention of noise and radiation - specific impacts on the person transmitted mainly through the atmospheric air. Its protection is carried out in accordance with the Law of the RSFSR "On the Protection of Atmospheric Air" 1982
Especially protected areas and objects
All achieved natural objects - environmental components are subject to protection, but special protection deserve specially dedicated territories and part of nature. In our country, their territory is about 1.2%. These are nature reserves, national parks, reserves, nature monuments that are under threat of destruction of plants and animals listed in the Red Book.
Regulation of their protection and use is carried out on the basis of the Federal Law "On Natural Medical Resources, Medical and Improvements and Resorts" and the Federal Law "On Specially Protected Natural Territories" of 1995. The main problems are the preservation and buildings of specially protected territories and objects and maintaining an announced special reserved regime in them (a special topic is also dedicated to their consideration).
? Control questions
What are the principles of environmental protection?
What are the basic principles of environmental protection?
What does sustainable development mean and what is its main strategy?
What are the form of legal support of environmental relations?
What are the principles and foundations of international cooperation in the field of environmental protection? What is their meaning? What is their legal character?
What is the classification of environmental protection facilities?
What six main natural resources are subject to legal protection?
Topics of abstracts
The role of environmental protection principles in environmental law.
Problems of the relationship between economics and ecology: general and special.
Stages and stages of functioning of the legal environmental system.
Literature
Legal protection of the environment in Eastern Europe. M.: Higher School. 1990.
Ecological law of Russia. Collection of regulatory acts. / Ed. BUT. K. Golichenkov. M., 1997.
Brinkuk M. M., Dubovik O. L., Zhavoronkova N. G., Sabasov O. S. Environmental law: from ideas to practice. M.: RAS, 1997.
On the way to the sustainable development of Russia. Bulletin of the Center for Environmental Policy of Russia. M., 1996-1998.
Mountain Al. Earth on the scales. Ecology and human spirit. M., 1993.
Legal reform: concept of development of Russian legislation. M.: Izispr, 1995.
Douglas O. Three-year-old war. Chronicle of ecological disaster. M., 1975.
Zlotnikova T. V. Legislatives of environmental safety in the Russian Federation. M., 1995.
Sausage O. S. International legal protection of the environment. M., 1982.
Krasnova I. O. Environmental Law and US Department (Preface S. A. Bogolyubova). M.: Baikal Academy, 1992.
Robinson N. A. Legal regulation of environmental management and environmental protection in the United States (afterword O. S. Kolbasova). M.: Progress, 1990.
Comparative review of the legislation of the CIS member states. M., 1995.
Decree of the Government of the Russian Federation "On the conclusion of an agreement between the Government of the Russian Federation and the Government of the Kingdom of Sweden on cooperation in the field of regulating nuclear and radiation safety when using atomic energy for peaceful purposes" of November 22, 1997
Decree of the Government of the Russian Federation "On ensuring the implementation of the provisions of the Protocol on Environmental Protection to the Antarctic Treaty" of December 18, 1997
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