In January 2002, a new federal law “On Environmental Protection” came into effect. This law replaced the 1991 Law of the RSFSR "On Environmental Protection". During 2004-2008, the law was amended to clarify the powers of the constituent entities of the Russian Federation and municipalities in the field of environmental protection.
The Law "On Environmental Protection" consists of 16 chapters:
Chapter I. General Provisions.
Chapter II. Fundamentals of environmental management.
Chapter III. Rights and obligations of citizens, public and other non-profit associations in the field of environmental protection.
Chapter IV. Economic regulation in the field of environmental protection.
Chapter V. Rationing in the field of environmental protection.
Chapter VI. Environmental impact assessment and ecological expertise.
Chapter VII. Requirements in the field of environmental protection in the implementation of economic and other activities.
Chapter VIII. Zones of ecological disasters, zones of emergency situations.
Chapter IX. Natural objects under special protection.
Chapter X. State monitoring of the environment (state environmental monitoring).
Chapter XI. Control in the field of environmental protection (environmental control).
Chapter XII. Scientific research in the field of environmental protection.
Chapter XIII. Fundamentals of the formation of ecological culture.
Chapter XIV. Responsibility for violation of legislation in the field of environmental protection and the resolution of disputes in the field of environmental protection.
Chapter XV. International cooperation in the field of environmental protection.
Chapter XVI. Final provisions.
V Chapter 1 Federal law defines the basic concepts, including: in the field of regulation, state environmental monitoring, environmental audit, 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 the requirements in the field of environmental protection. At the same time, the reduction of the negative impact of economic and other activities on the environment should be carried out on the basis of using the best available technologies, taking into account economic and social factors. The law establishes objects of environmental protection from pollution and depletion, degradation, these include:
Lands, bowels, soil;
Surface and groundwater;
Forests and other vegetation, animals and other organisms and their genetic fund;
Atmospheric air, ozone layer of the atmosphere and near-earth space.
The powers of state authorities of the Russian Federation, constituent entities of the Russian Federation and local self-government bodies in the field of relations related to environmental protection are considered in Chapter 2... The delineation of powers in the field of relations related to environmental protection between the state authorities of the Russian Federation and the state authorities of the constituent entities of the Russian Federation should be carried out on the basis of Agreements between the federal executive authorities and the executive authorities of the constituent entities of the Russian Federation, on the transfer of the exercise of part of their powers on environmental protection issues to them. Wednesday.
The rights and obligations of citizens, public and other non-profit associations in the field of environmental protection are considered in Chapter 3 law. Every citizen of the Russian Federation has the right to a favorable environment, to its protection from negative impacts caused by economic and other activities, natural and man-made emergencies, to reliable information about the state of the environment and to compensation for environmental damage. This chapter also defines the rights and obligations of public and other non-profit associations carrying out activities in the field of environmental protection, and the system of state measures to ensure the rights to a favorable environment.
Methods of economic regulation in the field of environmental protection, considered in Chapter 4 include:
Conducting an economic assessment of the impact of economic and other activities on the environment;
Provision of tax and other benefits in the implementation of the best existing technologies, non-traditional types of energy, the use of secondary resources and waste processing, as well as in the implementation of other effective measures to protect the environment in accordance with the legislation of the Russian Federation;
Establishing fees for negative impact on the environment;
Support for entrepreneurial, innovative and other activities (including environmental insurance) aimed at protecting the environment.
The law abolished the system of environmental funds that had existed since 1991. The payment for the negative impact on the environment (payment for environmental pollution) has been saved. It has been determined that entrepreneurial activities carried out in order to protect the environment are supported by the state through the establishment of tax and other benefits. The mechanism of voluntary environmental insurance, which had been in effect since 1991, was liquidated.
V Chapter 5 the system of regulation in the field of environmental protection is considered. The law stipulates that regulation in the field of environmental protection consists in the establishment of environmental quality standards, standards for permissible environmental impact, as well as state standards and other documents. Rationing is carried out in accordance with the procedure established by the Government of the Russian Federation.
The Law refers to the environmental quality standards the standards established in accordance with the chemical, physical and biological indicators of the state of the environment.
In order to prevent the negative impact on the environment of economic and other activities for legal entities and individuals, the following standards of permissible impact on the environment are established:
Standards for permissible emissions and discharges of substances and microorganisms;
Production and consumption waste generation standards and limits for their disposal;
Standards for the permissible withdrawal of components of the natural environment;
Standards of permissible 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.
The federal law "On Environmental Protection" fundamentally changed chapter 6 dedicated to the state ecological expertise. This chapter, as an independent article of the law, includes an environmental impact assessment, which is carried out in relation to planned economic and other activities that may have a direct or indirect impact on the environment. Environmental impact assessment is carried out in the development of all alternative options for pre-design, including pre-investment, and design documentation justifying the planned economic and other activities, with the participation of public associations.
Chapter 7 is devoted to the issues of environmental protection in the implementation of economic and other activities and includes the following articles containing requirements in the field of environmental protection when:
placement of buildings, structures, structures and other objects;
design of buildings, structures, structures and other objects;
construction and reconstruction of buildings, structures, structures and other objects;
commissioning of buildings, structures, structures and other facilities;
operation and decommissioning of buildings, structures, structures and other facilities;
operation of agricultural facilities;
for land reclamation, placement, design, construction, reconstruction, commissioning and operation of reclamation systems and separately located hydraulic structures;
placement, design, construction, reconstruction, commissioning and operation of energy facilities;
placement, design, construction, reconstruction of urban and rural settlements;
the use of radioactive substances and nuclear materials;
production and operation of automobile and other vehicles;
placement, design, construction, reconstruction, commissioning and operation of oil and gas production facilities, processing facilities, transportation, storage and sale of oil, gas and their products;
the use of chemicals in agriculture and forestry;
production, handling and disposal of potentially hazardous chemicals, including radioactive, other substances and microorganisms;
production and consumption waste management;
the establishment of protective and security zones;
privatization and nationalization of property;
placement, design, construction, reconstruction, commissioning, operation and decommissioning of military and defense facilities, weapons and military equipment.
Chapter 8 the procedure for declaring and establishing the regime of ecological disaster zones has been considered. Environmental protection in emergency zones is established by the federal law on the protection of the population and territories from natural and man-made emergencies and other regulatory legal acts of the Russian Federation.
V Chapter 9 the issues of protection of natural objects are considered. For the protection of natural objects with a special nature conservation, scientific, historical and cultural, aesthetic, recreational, health-improving and other valuable value, a special legal regime is established, including the creation of specially protected natural areas. Lands within the boundaries of the territories on which natural objects are located, which have special environmental, scientific, historical, cultural, aesthetic, recreational, health-improving and other valuable value and are under special protection, are not subject to privatization.
V 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 areas where sources of anthropogenic impact and the impact of these sources on the environment are located, as well as in order to meet the needs of the state, legal entities and individuals in reliable information necessary to prevent and (or) reduce the adverse consequences of changes in the state of the environment.
Chapter 11 of the federal law "On Environmental Protection" is devoted to environmental control. The Russian Federation carries out state, industrial and public control in the field of environmental protection. State environmental control is carried out by federal executive bodies and executive bodies of the constituent entities of the Russian Federation. In this case, the list of objects subject to federal state environmental control is determined by the Government of the Russian Federation.
Industrial environmental control is carried out in order to ensure the implementation in the process of economic and other activities of measures for environmental protection, rational use and restoration of natural resources, as well as in order to comply with the requirements in the field of environmental protection established by legislation in the field of environmental protection. Enterprises are obliged to provide information on the organization of industrial environmental control to the relevant executive authority exercising state environmental control. Public environmental control is carried out by public and other non-profit associations in accordance with their charters, as well as by citizens in accordance with the law.
V Chapter 12 the procedure for conducting scientific research in the field of environmental protection, which is carried out by scientific organizations in accordance with the federal law on science and state scientific and technical policy, is considered.
Chapter 13 dedicated to the formation of ecological culture. In order to form an ecological culture and professional training of specialists in the field of environmental protection, the law establishes a system of universal and comprehensive environmental education, which includes preschool and general education, secondary, vocational and higher vocational education, postgraduate vocational education, professional retraining and advanced training of specialists, and the dissemination of environmental knowledge, including through the media, museums, libraries, cultural institutions, environmental institutions, sports and tourism organizations. 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 be trained in the field of environmental protection and environmental safety.
V Chapter 14 liability for violation of legislation in the field of environmental protection and the procedure for resolving disputes in the field of environmental protection are established. Property, disciplinary, administrative and criminal liability is established for violation of legislation in the field of environmental protection in accordance with the legislation.
So, business entities are charged with the obligation to fully compensate for environmental damage, including for projects that have a positive conclusion of the state ecological expertise. Damage to the environment is reimbursed in accordance with the rates and methods approved in accordance with the established procedure, and in their absence, based on actual costs, taking into account the losses incurred, including lost profits. Claims for compensation for damage to the environment caused by violation of legislation in the field of environmental protection can be brought within twenty years.
Also, the procedure for restricting, suspending or terminating the activities of legal entities and individuals, carried out in violation of legislation in the field of environmental protection, has been changed. If earlier the supervisory authorities, by their orders, could suspend or terminate the activities of economic objects, now the demands to restrict, suspend or terminate the activities of legal entities and individuals, carried out in violation of legislation in the field of environmental protection, should be considered by a court or arbitration court.
V Chapter 15 considered the issues of international cooperation in the field of environmental protection. The Russian Federation carries out international cooperation in the field of environmental protection in accordance with generally recognized principles and norms of international law and international treaties of the Russian Federation in the field of environmental protection.
A supportive environment must be available to everyone. A citizen must preserve nature in its original form, and use natural resources with care. Federal Law No. 7 was created to protect and preserve the natural environment and to address a number of economic issues that affect this area. (You can also study the provisions).
The law is based on the Constitution of the Russian Federation. It was adopted on December 20, 2001 by the State Duma, and approved by the Federation Council on December 26, 2001. Consists of this Federal Law and other regulatory documents of the Russian Federation.
The current FZ-7 operates in the economic area of the Russian Federation, complies with international laws and federal laws that ensure the safety of the marine environment.
Relations are regulated in the field of nature management. They consist of the foundations of the activities and life of the peoples who live in the zone of the Russian Federation. Every resident of the Russian Federation must be provided with a favorable environment for subsequent residence.
Relationships are also governed by technical regulation laws if they are related to:
- Construction;
- Production;
- Installation;
- Storage;
- Operation;
- Disposal and implementation.
The text of Federal Law 7 in the latest edition
The following terms are now defined in the legislation:
- Objects of accumulated harm to nature management in accordance with Article 1 of the current law;
- Accumulated harm in the environment.
To protect nature, now the state authorities will build forest belts and forest parks.
Also introduced chapter 9.1 which says:
- What are forest park zones;
- On the types of land where it is prohibited to plant trees according to the law;
- On the rights of residents of the Russian Federation, which explains how to use nature and not harm nature from an environmental point of view;
- Types of plantings in this area and the procedure for compensation.
To study the latest revision in detail, download it from the following. In addition, you can familiarize yourself with.
Recent changes made to 7-ФЗ "On environmental protection"
Public control over the environment has been changed. This is described in Article 68 of FZ-7. Now residents of the Russian Federation can engage in nature conservation on a voluntary and free basis as public inspectors. To start this work, you will need an official ID. Article 68, paragraph 6, also lists their main responsibilities. In addition, a number of some of the articles in the law have undergone changes, which are discussed below:
Article 6
It describes what powers the public authorities have under the law. These include:
- Participation in various demonstrations on the topic of environmental protection in the constituent entity of the Russian Federation;
- Active participation in the field of economic development and federal policy on the territory of the constituent entity of the Russian Federation;
- Participation in the creation of an additional law or other regulatory legal acts in the field of federal legislation, including control over the implementation of the created law for environmental protection;
- The right to consider and adopt programs from the regions for their further implementation (in the field of nature protection).
Article 12.
The article refers to the rights and obligations of various non-profit organizations and public associations. They have the right to:
- To independently create, distribute and implement programs in the field of environmental improvement in accordance with applicable law;
- To involve local and foreign citizens on a voluntary basis in activities in the field of environmental protection;
- Promote and carry out work in the field of the safety of natural resources and attract own funds for the successful implementation of activities;
- Assist the bodies of state power of the Russian Federation, local self-government in the implementation of a number of issues related to environmental protection.
- Conduct various processions, picketing, demonstrations and rallies, etc. in accordance with applicable law to protect the environment.
No changes have been made to the latest edition.
Article 14.
Article 14 under consideration has ceased to be in force.
Article 16
It lists the penalties for negative impacts on nature conservation.
The negative impact of protection includes the following:
- Emissions of substances that pollute the air by enterprises and other production facilities;
- Discharge of toxic substances into nearby water bodies;
No changes have been made to the latest version of the Environmental Protection Law.
Art 67
Describes production controls for environmental protection. If an enterprise carries out economic or other activities using natural resources, methods for the rational use of natural resources and their restoration are considered.
No changes were made to the latest version of the law.
Section 78
In Article 78, namely in paragraph 2.1, amendments were made, according to which the amount of damage to nature is determined, which is caused due to violation of the current law in the field of environmental protection. Additionally, losses incurred by the person are taken into account. It also calculates the costs of the violation tasks, which must be reimbursed to eliminate the harm. These costs are calculated by the federal executive authorities.
To view the latest amendments to the Environmental Law, download the latest revision from the link above.
On December 20, 2001, the State Duma of the Russian Federation adopted the Law "On Environmental Protection" and signed on January 10, 2002 by the President of the Russian Federation. The adopted law replaced the Law "On Environmental Protection" of December 19, 1991.
The Law "On Environmental Protection" is a comprehensive head legislative act of direct action and solves three tasks:
1. Preservation of the natural environment;
2. Prevention and elimination of the harmful effects of economic activities on nature and human health;
3. Improving the quality of the environment.
This law is an act of direct influence, that is, its articles are valid without any additional instructions, regulations, etc.
The main objective of the law is to ensure a scientifically based combination of environmental and economic interests to preserve a healthy, clean environment. The standards of environmental quality, standards of permissible impact on the environment, as well as standards of permissible emissions and discharges of pollutants, etc. are substantiated.
This law formulates environmental requirements for sources of harmful effects on the environment and human health.
The Law "On Environmental Protection" consists of chapters XVI, containing 84 articles, in which are presented:
General provisions;
Fundamentals of Environmental Management;
Rights and obligations of citizens, public and other non-profit associations in the field of environmental protection;
Economic regulation in the field of environmental protection;
Rationing in the field of environmental protection;
Environmental impact assessment and ecological expertise;
Requirements in the field of environmental protection in the implementation of economic and other activities;
Zones of ecological disasters, zones of emergency situations;
Natural objects under special protection;
State monitoring of the environment;
Control in the field of environmental protection. Environmental monitoring;
Scientific research in the field of environmental protection;
Fundamentals of the formation of ecological culture;
Responsibility for violation of legislation in the field of environmental protection;
International cooperation in the field of environmental protection;
Final provisions.
The central theme of the Law is the protection of human health from the adverse effects of the environment. A person is considered as a subject of impact on the environment, responsible for the consequences of their activities, and as an object of such impact, endowed with appropriate rights and guarantees for compensation for harm caused.
The mechanism for enforcing the norms of this law consists of a system. including economic incentives for an economic entity, as well as administrative and legal impact on violators.
The main acts of environmental legislation in the Russian Federation
After the adoption of the Constitution of the Russian Federation, the legislation of the Russian Federation, including the environmental one, was almost completely revised. The main acts of environmental legislation are given in Table 3.1.
Table 3.1 Main acts of environmental legislation in the Russian Federation.
| Constitution of the Russian Federation (1993) | ||||
| Environmental legislation | Environmental Safety | Natural resource legislation | ||
| Legislative acts in force | ||||
| Law of the Russian Federation "On Environmental Protection", 2002 | Law of the RSFSR "On social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant", 1991 (as amended) | Land Code, 2001 | ||
| Federal Law "On the protection of atmospheric air", 1999 | RF Law "On Security", 1992 | RF Law "On Payment for Land", 1991 (as amended by Laws 1992, 1994, 1995) | ||
| Federal Law "On the sanitary and epidemiological welfare of the population", 1999 | Law of the Russian Federation "On the Protection of Population and Territories from Technogenic Emergencies", 1994 | Water Code, 1995 | ||
| Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens, 1993 (as amended by the Laws of 1998) | Federal Law "On radiation safety of the population", 1996 | RF Law "On the Continental Shelf", 1995 | ||
| Law of the Russian Federation "On Ratification of the UN Framework Convention on Climate Change", 1994 | Federal Law "On the Use of Atomic Energy" | Law of the RSFSR "On Subsoil", 1992 (as amended by the Law of 1995). | ||
| Law of the Russian Federation "On Ratification of the UN Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal", 1994 | Federal Law "On Fire Safety" | Federal Law "On the rates of deductions for the mineral resource base", 1995 | ||
| Federal Law "On Environmental Expertise", 1995 | Federal Law "On Production Sharing Agreements", 1995 | |||
| Federal Law "On Specially Protected Natural Areas", 1995 | Animal Kingdom Law, 1995 | |||
| Federal Law "On the Destruction of Chemical Weapons", 1997 | Forest Code, 1997 | |||
| Federal Law "On the exclusive economic zone of Russia", 1998 | Federal Law "On production and consumption waste", 1998 | |||
| Legislation requiring development and / or approval | ||||
| Federal Law "On Environmental Insurance" | Federal Law "On Environmental Safety" | Federal Law "On the Delimitation of Ownership Rights to Natural Resources (" On Federal Natural Resources ")". | ||
| Federal Law "On Environmental Funds" | Federal Law "On the status of zones of ecological disadvantage" | Federal Law "On State Inventories of Natural Resources" | ||
| Federal Law "On the protection of aquatic biological resources" | Federal Law "On radioactive waste management" | Federal Law "On the Plant World" | ||
| Federal Law "On hunting and fishing" | Federal Law "On energy-informational well-being of the population" | Federal Law "On State Policy in the Field of Radioactive Waste Management". | ||
| Federal Law "On state regulation of the use of protection of the green fund of urban settlements" | Federal Law "On Drinking Water" | |||
| Federal Law "From state regulation in the field of environmental education" | ||||
Natural resource legislation includes regulations governing the protection and use of certain types of natural resources: the Land Code of the Russian Federation (2001), the Forest Code of the Russian Federation (1997), the Water Code of the Russian Federation (1995), the Law of the Russian Federation "On Subsoil" (1992), The Law “On Specially Protected Natural Areas” (1995), the Law of the Russian Federation “On the Protection of Atmospheric Air” (1999), the Federal Law “On the Animal World” (1995).
The environmental legislation includes regulations governing environmental protection in general: the Law of the Russian Federation "On Environmental Protection" (2002), the Federal Law "On Ecological Expertise" (1995), "On Radiation Safety of the Population" (1995), "On the safety of handling pesticides and agrochemicals" (1997) and others.
The current land code of the Russian Federation was adopted in 2001.
The first land code of the RSFSR was adopted in 1992 by the All-Russian Central Executive Committee. He proclaimed state ownership of land and the withdrawal of land from civilian circulation. The second land code of the RSFSR was adopted by the Supreme Soviet of the RSFSR in June 1970. This was the code of the period of developed socialism, which confirmed the complete domination of the collective farm-state farm form of farming. The 1991 Land Code is a code for the abolition of the exclusivity of state ownership of land and other natural resources.
The 1992 Law of the Russian Federation "On Subsoil" establishes legal relations in the study, use and protection of subsoil.
This law establishes strict licensing, introduces payments for the use of subsoil for various purposes and the distribution of the share of income received by the subsoil user. There are many complex and unresolved problems in subsoil use: depletion of mineral resources, disposal of rock dumps, disposal of toxic and radioactive waste.
The Fundamentals of Forestry Legislation (1997) sets out the requirements for forest management. The main legal norms are aimed at the use of forests as a natural resource. Forest reproduction. Protection and protection of forests. It can be divided into five groups of legal norms: forestry (forest management, forest reproduction, protection and protection of the left, etc.), forest resources (planning and use of forest as a natural resource), forest land (use of forest lands), management (compensation forest management bodies), ecological, which relate to the principles of organizing forest management, the distribution of forests into groups by protection categories, protection of forests from fires, illegal logging, from pollution, depletion, etc.
The Water Code of the Russian Federation (1995) regulates legal relations in the field of the use and protection of water bodies, determines the procedure for acquiring and terminating the rights of a user of water bodies, establishes responsibility for violation of water legislation. Legal norms are aimed at the rational use of waters. They are protected from pollution, clogging and depletion.
The legal basis for the protection of atmospheric air is reflected in the law of the Russian Federation on environmental protection, as well as in the law "On the protection of atmospheric air" (1999).
Important general measures for the protection of the air basin are the establishment of standards for maximum permissible harmful effects (MPC, MPE) and payments for emissions of pollutants into the atmosphere.
On the basis of and in pursuance of the Constitution of the Russian Federation, Federal Laws, and normative decrees of the President of the Russian Federation, the Government issues decrees and orders, and is also responsible for their implementation. A government decree is also a regulatory legal act. Government regulations on environmental issues can be divided into three groups:
The first group includes those laws that are adopted in pursuance of the law to concretize individual provisions. For example, the Regulation on the Ministry of Environmental Protection and Natural Resources, approved by the decree of the Government of the Russian Federation of February 22, 1993 No.
The third group of resolutions of the Government of the Russian Federation includes normative legal acts for further legal regulation of economic relations. Such an act should be considered the government decree of November 4, 1993 on the creation of the Russian system of warnings and actions in emergency situations.
Environmental ministries and departments are empowered to issue regulations within their competence. They are intended for mandatory execution by other ministries and departments, individuals and legal entities. For example, the Russian Ministry of Natural Resources issues normative orders, instructions and regulations on environmental protection and the use of natural resources.
An important role is played by regulatory rules - sanitary, construction, technical and economic, technological, etc. These include environmental quality standards: standards for permissible radiation, noise level, vibration, etc.
The formation of environmental legislation that meets modern tasks of ensuring sustainable development and environmental improvement began in the Nizhny Novgorod region in 1995 with the adoption of the Charter of the Nizhny Novgorod region, which enshrined constitutional environmental priorities for the region. The fifth chapter of the Charter reflects the foundations of the environmental and social policy of the region. Article 19 of Chapter 5 notes that "land, water, forest and other natural resources are used and protected in the region as the basis for the life of the present and future generations of its inhabitants." Obligation of the state ecological expertise is ensured in the region. Regional laws and other regulatory legal acts establish limits, environmental standards and regulatory fees for the use of natural resources and environmental pollution, tax and credit benefits are provided when introducing environmental and resource-saving technologies.
In the Nizhny Novgorod region, activities should not be allowed, the consequences of which may lead to a deterioration in the environmental situation. The list of environmentally hazardous activities and sources of environmental hazards in the Nizhny Novgorod region is established by the decision of state authorities. All types of environmentally hazardous activities can only be carried out on the basis of a license. Environmentally hazardous facilities on the territory of the Nizhny Novgorod Region must have a certificate of environmental safety of the facility.
The Federal Law “On Environmental Protection”, adopted on January 10, 2002, is a systematized, comprehensive normative legal act in the field of environmental protection. It regulates the main social relations in the field of nature management and environmental protection.
General characteristics of the law
This law determined the main tasks and mechanism for regulating relations in the field of interaction between society and individuals. He laid the foundations for the progressive development of environmental legislation as a new generation of legislation. This law is characterized by the following features:
The law is a complex normative act that regulates environmental relations in general without differentiation for individual natural objects. It formulates the main provisions that allow to prevent harm to the environment and ensure compliance with environmental requirements. These include: the creation of an economic mechanism for environmental protection, regulation of state environmental expertise, responsibility for environmental offenses.
The law is a basic normative act, the provisions of which are developed and specified in other acts of environmental legislation. Separate sections of this law subsequently became the basis for the development of other federal laws and other normative acts of environmental legislation.
The law establishes the priority of protecting human life and health from the adverse effects of the environment. Protection of the natural environment is not an end in itself, the main goal is to prevent the harmful effects of the environment on the human body. From this point of view, the main legal institutions of environmental protection operate. In particular, human health is the main criterion for setting environmental standards.
The law proceeds from a scientifically based combination of environmental
social and economic interests of society. The principle of the balance between the environmental and economic interests of society is fundamental in the concept of sustainable development, formulated at the UN conferences in 1972 and 1992. In our legislation, this principle is reflected in such a compromise formulation
The law establishes a system of economic incentives for environmental protection activities in combination with administrative and legal measures. This combination allows, on the one hand, the state to control the activities of nature users, since natural resources are the property of the whole society, on the other hand, the introduction of market mechanisms creates the preconditions for the rational use of natural resources.
The law consists of a preamble, 16 chapters and 84 articles.
Normative acts for the rational use of natural resources
As noted above, among the laws that regulate environmental legal relations, two groups can be distinguished: environmental and natural resources.
Natural resource normative acts regulate social relations that develop in the field of rational use of certain types of natural resources and natural objects: land, bowels, water, forests, atmospheric air, fauna, specially protected areas.
The group of federal laws, which are fundamental normative acts, includes the following: the Land Code of the Russian Federation, the Law of the Russian Federation "On Subsoil", the Water Code of the Russian Federation, the Forest Code of the Russian Federation, the Federal Law "On the Protection of Atmospheric Air", Federal Law of March 14, 1995 No. No. 33-FZ “On Specially Protected Natural Areas”, Federal Law “On Animal World”.
These regulations are characterized by the presence of some common features.
1. Natural resources can be in different forms of ownership, but they are a specific object of their own
ness, but they are a specific object of property, since they are used by the whole society, and therefore the state restricts ownership of natural resources, establishing certain rights and obligations of owners, determining the intended purpose of natural resources.
Significant, from the point of view of legal regulation, is the content of the concept “protection and rational use of a natural resource.” What qualities of a natural resource are priority? For example, water can be used for drinking, for household needs, as a navigable route, etc. If water is used as a shipping route, then its purity is not critical. Legislation specifies that the priority of water quality is its suitability for drinking, i.e. purity.
Compliance with any prescriptions is impossible without responsibility. A rule of law is not a recommendation, but a command, behind which is the authority of the state.
These legislative acts provide for liability for violation of the relevant legislation (land, water, forestry, etc.), and the measures of liability may have their own specific features.
Let us consider in more detail the two main federal natural resource laws.
Land Code regulates relations in the field of use and protection of water bodies (water relations) in order to ensure the right of citizens to clean water and a favorable water environment. These goals are achieved through the following activities:
maintaining optimal conditions for water use, the quality of surface and groundwater in a state that meets sanitary and environmental requirements;
protection of water bodies from pollution, clogging and depletion;
prevention or elimination of harmful effects of water, as well as conservation of biological diversity of aquatic ecosystems.
The Water Code of the Russian Federation provides for the following obligations of water users: rationally use water bodies; not to allow violation of the rights of other water users, as well as to inflict
harm to human health and the natural environment; to prevent deterioration of the quality of surface and ground waters, habitats of flora and fauna; inform state authorities about emergencies and other emergencies affecting the state of water bodies.
The Water Code of the Russian Federation stipulates that “persons guilty of violating the water legislation of the Russian Federation bear administrative and criminal responsibility in accordance with the legislation of the Russian Federation” (Article 130). If damage is caused to a water body, then the persons guilty of this are obliged to compensate for the damage.
Self-test questions
What are the main regulatory legal acts that regulate the use of certain natural resources and the protection of the natural environment.
Describe the main stages of the formation of Russian legislation.
Give a general description of the Federal Law "On Environmental Protection".
What social relations are regulated by natural resource regulations?
Give a description of the Land Code of the Russian Federation.
Give a description of the Water Code of the Russian Federation.
What obligations of land users are stipulated by the Land Code of the Russian Federation?