Federal law on environmental protection. The main provisions of the Federal Law "On Environmental Protection
On December 20, 2001, the State Duma of the Russian Federation adopted the Law “On Environmental Protection” and signed on January 10, 2002 by the President of the Russian Federation. The adopted law replaced the Law on Environmental Protection natural environment» dated 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 activity on nature and human health;
3. Improve 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 in order to maintain a healthy clean environment. The environmental quality standards, the standards for permissible environmental impact, as well as the standards for 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 XVI chapters containing 84 articles, which include:
General provisions;
Fundamentals of management in the field of environmental protection;
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 course of economic and other activities;
Ecological disaster zones, zones emergencies;
Natural objects under special protection;
State environmental monitoring;
Control in the field of environmental protection. Environmental monitoring;
Scientific research in the field of environmental protection;
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 environmental impact, responsible for the consequences of his activities, and as an object of such impact, endowed with appropriate rights and guarantees to compensate for the harm caused.
The mechanism for the implementation of 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.
Basic acts environmental legislation In Russian federation
After the adoption of the Constitution of the Russian Federation, the legislation of the Russian Federation, including environmental legislation, 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 | ||
| Acts in force | ||||
| Law of the Russian Federation "On Environmental Protection", 2002 | Law of the RSFSR "On the social protection of citizens exposed to radiation as a result of the Chernobyl disaster", 1991 (as amended) | Land Code, 2001 | ||
| Federal Law "On the Protection of Atmospheric Air", 1999 | Law of the Russian Federation "On Security", 1992 | Law of the Russian Federation "on payment for land", 1991 (as amended by the Laws of 1992, 1994, 1995) | ||
| Federal Law "On the sanitary and epidemiological welfare of the population", 1999 | Law of the Russian Federation "On the protection of the population and territories from emergency situations of a man-made nature", 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 | Law of the Russian Federation "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 mineral resource base", 1995 | ||
| Federal Law "On Ecological Expertise", 1995 | Federal Law "On Production Sharing Agreements", 1995 | |||
| Federal Law "On Specially Protected Natural Territories", 1995 | Law on Animals, 1995 | |||
| Federal Law "On the destruction chemical weapons", 1997 | Forest Code, 1997 | |||
| Federal Law "On the Exclusive Economic Zone of Russia", 1998 | Federal Law "On production and consumption waste", 1998 | |||
| Legislative acts requiring development and/or approval | ||||
| Federal Law "On environmental insurance" | Federal Law "On environmental safety» | Federal Law “On the delimitation of property rights to natural resources (“On Federal Natural Resources”)”. | ||
| Federal Law "On Environmental Funds" | Federal Law “On the Status of Ecological Trouble Zones” | Federal Law "On State Cadastres" natural resources» | ||
| Federal Law "On the Protection of Aquatic Biological Resources" | Federal Law "On the management of radioactive waste" | Federal Law "On flora» | ||
| Federal Law "On hunting and fishing" | Federal Law "On the energy and information well-being of the population" | Federal Law "On public policy in the field of radioactive waste management”. | ||
| Federal Law "On state regulation of the use of the protection of the green fund of urban settlements" | Federal Law "On drinking water» | |||
| Federal Law "On state regulation in the field of environmental education" | ||||
Natural resource legislation includes regulations governing the protection and use certain types natural resources: Land Code of the Russian Federation (2001), Forest Code of the Russian Federation (1997), Water Code of the Russian Federation (1995), Law of the Russian Federation “On Subsoil” (1992), Law “On Specially Protected Natural Territories” (1995) , Law of the Russian Federation "On the Protection of Atmospheric Air" (1999), the federal law"About the animal world" (1995).
The environmental legislation includes regulations governing environmental protection in general: Law of the Russian Federation "On Environmental Protection" (2002), Federal Law "On Environmental Expertise" (1995), "On Radiation Safety of the Population" (1995), "On the safety of handling pesticides and agrochemicals" (1997), etc.
The current land code of the Russian Federation was adopted in 2001.
The first land code of the RSFSR was adopted in 1992 by the All-Russian Central Executive Committee. He proclaimed the state's ownership of land and the withdrawal of land from civil circulation. The second land code of the RSFSR adopted Supreme Council RSFSR in June 1970. It was the code of the period of developed socialism, which approved the complete dominance of the collective farm and state farm form of management. Agriculture. The 1991 Land Code is a code to abolish the exclusivity of state ownership of land and other natural resources.
The Law of the Russian Federation "On Subsoil" of 1992 establishes legal relations in the study, use and protection of subsoil.
This law establishes strict licensing, introduces a fee 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 mineral resources, disposal of rock dumps, burial of toxic and radioactive waste.
Fundamentals of Forest Legislation (1997) fix the requirements for forest management. The main legal norms are aimed at the use of the forest as a natural resource. Reproduction of forests. Protection and protection of forests. Five groups of legal norms can be distinguished in it: forestry (forestry management, reforestation, protection and protection of the left, etc.), forest resources (planning and use of forests as a natural resource), forest land (use of forest fund lands), management (compensation forest management authorities), environmental, which relate to the principles of organizing forestry, the distribution of forests into groups according to protection categories, the protection of forests from fires, illegal logging, pollution, depletion, etc.
The Water Code of the Russian Federation (1995) regulates legal relations in the field of use and protection of water bodies, determines the procedure for acquiring and terminating the rights of a user of water bodies, and establishes liability for violation of water legislation. Legal norms are aimed at the rational use of water. Their protection 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 (MAC, MPE) and fees for emissions of pollutants into the atmosphere.
Based on and in pursuance of the Constitution of the Russian Federation, Federal Laws, regulatory decrees of the President of the Russian Federation, the Government issues resolutions and orders, being also responsible for their implementation. The Decree of the Government is also a normative legal act. Government resolutions on environmental issues can be divided into three groups:
The first group includes those laws that are adopted in pursuance of the law to specify individual provisions. For example, the Regulations 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 of further legal regulation of economic relations. Such an act should be considered the Government Decree of November 4, 1993 on the creation Russian system warnings and emergency response.
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 Ministry of Natural Resources of Russia issues regulatory 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: norms for permissible radiation, noise levels, vibration, etc.
The formation of environmental legislation that meets the modern challenges of 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 fixed the constitutional environmental priorities for the region. The fifth chapter of the Charter reflects the fundamentals of environmental and social policy areas. 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." The obligatory nature of the state ecological expertise is ensured in the region. The laws of the region and other regulatory legal acts establish limits, environmental standards and regulatory fees for the use of natural resources and environmental pollution, provide tax and credit benefits for the introduction of environmental and resource-saving technologies.
In the Nizhny Novgorod region, activities should not be allowed, the consequences of which may lead to the deterioration of the environmental situation. List of environmentally friendly dangerous species activities and sources of environmental hazard in the Nizhny Novgorod region is established by the decision of the authorities state power. 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 necessarily have a certificate of environmental safety of the facility.
Structure and summary Law of the Russian Federation "On the Protection of the Environment"
Section 1. General Provisions.
This section defines the following: the tasks of the environmental legislation of the Russian Federation, the system of environmental legislation, the basic principles of environmental protection, objects of environmental protection, the competence of state authorities at various levels in the field of environmental protection.
The system of environmental legislation is built on the same principle as the head law.
Section 2. The right of citizens to a healthy favorable environment.
The right of citizens to health protection from the adverse effects of the natural environment caused by economic or other activities is fixed; consequences of accidents, catastrophes, natural disasters, which is ensured by:
- - planning and regulation of the quality of the natural environment;
- - social insurance of citizens;
- - providing real opportunities for living in favorable conditions for life and health;
- - compensation for harm caused to health;
- - state control over the state of the environment.
Section 3. Economic mechanism of environmental protection.
This section covers the following:
- - tasks of the economic mechanism;
- - the need to maintain cadastres of natural resources;
- - sources of financing of environmental activities;
- - the procedure for issuing a license for integrated nature management;
- - limits on nature management (withdrawal of natural resources, emissions and discharges of pollutants into the environment, disposal of production waste);
- - types of payments for natural resources (for the right to use natural resources within the established limits, for overlimit and irrational use of natural resources, for the reproduction and protection of natural resources);
- - a mechanism for economic incentives for environmental protection (tax rebates, deferred payment, concessional loans, promotional prices and premiums for environmentally friendly products, etc.).
Section 4. Rationing of the quality of the natural environment.
The section provides the basic requirements for the regulation of the quality of the natural environment, a list of maximum permissible standards for the impact on the environment.
Section 5. State ecological expertise.
The section defines the purpose of the state environmental review (checking the compliance of economic and other activities with the environmental safety of the company), the objects of the review, the possibility of conducting a public environmental review.
Section 6. Environmental requirements for placement, design, construction, reconstruction, commissioning of enterprises, structures and other facilities.
In the section, attention is paid to the need to take into account environmental safety in the development of feasibility studies (feasibility studies) of projects.
Section 7. Environmental requirements for the operation of enterprises, structures, other facilities and the performance of other activities.
The section provides environmental requirements separately:
- - in agriculture;
- - during land reclamation works;
- - to energy facilities;
- - during the reconstruction and construction of cities and other settlements;
- - when using chemicals;
- - to military and defense facilities.
Section 8. Environmental emergencies.
The law provides for the allocation of two types of crisis zones:
- 1. Zones of environmental emergency - areas of the territory of the Russian Federation where, as a result of economic and other activities, sustainable negative changes in the natural environment, threatening the health of the population, the state of natural ecological systems, genetic funds of animals and plants;
- 2. Zones of ecological disaster - territories where there have been profound irreversible changes in the natural environment, resulting in a significant deterioration in the health of the population, disruption of natural balance, destruction of ecosystems, degradation of flora and fauna.
Such zones are declared by decrees of the Government of the Russian Federation, decrees of the President of the Russian Federation on the basis of the conclusion of the state environmental review. In Russia, the following zones are recognized as such: Kuznetsk coal basin Kemerovo region, Nizhny Tagil, Sverdlovsk Region, Bratsk, Irkutsk Region.
Section 9. Specially protected natural territories and objects.
The section defines the conditions for classifying natural objects as specially protected, their legal regime and security measures.
Section 10. Environmental control.
The section defines the tasks of environmental control:
- - monitoring the state of the natural environment and its change;
- - checking the implementation of plans and measures for nature protection, rational use of natural resources, improvement of the natural environment, compliance with the requirements of environmental legislation and environmental quality standards;
As well as the levels of environmental control:
- - state;
- - production;
- - public.
Section 11. Environmental education, education, Scientific research.
The section refers to the need for universal, comprehensive and continuous environmental education and education, as well as the obligation of environmental knowledge in educational institutions, preventive environmental training of managers and specialists, and scientific environmental research.
Section 12. Settlement of disputes in the field of environmental protection.
The law defines the possibility of resolving disputes between legal entities and individuals in court.
Section 13. Liability for environmental offenses.
The section defines environmental offenses (guilty, unlawful acts that violate environmental legislation), 4 types of environmental legal liability are distinguished by the methods of applying sanctions:
- 1. Disciplinary (to individuals) - for non-fulfillment of plans and measures for nature protection and rational use of natural resources, violation of environmental quality standards and requirements of environmental legislation arising from labor function or official position;
- 2. Material (to individuals) - in the form of reimbursement of expenses of an enterprise, institution or organization for the elimination of harm caused by an environmental offense;
- 3. Administrative (to individuals and legal entities) - for committing environmental offenses in the form of fines;
- 4. Criminal (to individuals) - for committing an environmental crime.
Section 14 Compensation for environmental damage.
The law determines the obligation of full compensation for harm, the procedure for its compensation (voluntarily, by court decision). Harm can be caused by:
- - environment;
- - health;
- - property.
Section 15. International cooperation in the field of environmental protection.
The section provides the principles and types of international cooperation.
The system of environmental legislation based on fundamental constitutional acts includes two subsystems: environmental and natural resource legislation.
The main law is the Constitution of the Russian Federation, which introduces into scientific circulation the definition of human environmental activity in the field of interaction between society and nature: nature management, environmental protection, environmental safety.
The central place among the environmental norms of the Constitution of the Russian Federation is Art. 9, part 1, which states that the land and other natural resources in the Russian Federation are used and protected as the basis for the life and activities of the peoples living in the relevant territory.
There are two very important norms in the Constitution of the Russian Federation, one of which (Article 42) enshrines the right of a person to a favorable environment and to compensation for damage caused to his health or property, and the other proclaims the right of citizens and legal entities to private ownership of land and other natural resources (art. 9, part 2).
The first concerns the biological principles of man, the second - his material foundations of existence.
The Constitution of the Russian Federation also formalizes the organizational and legal relations between the Federation and the subjects of the Federation. The current system of legislative and regulatory legal acts in the field of environmental protection, ensuring environmental safety and environmental management in accordance with the requirements of the Constitution of the Russian Federation illustrates Table. 1.
In the subject of its jurisdiction, the Russian Federation adopts federal laws that are mandatory throughout the country. The subjects of the Russian Federation have the right to their own regulation of environmental relations, including the adoption of laws and other regulations. The Constitution of the Russian Federation establishes general rule: laws and other legal acts of the subjects of the Federation should not contradict federal laws. The provision of the Constitution of the Russian Federation is specified in the sources of environmental law.
Firstly, this Law is the main legislative act regulating environmental relations.
Table 1.
|
Federal level |
Regional level |
|
Russian Federation Federal laws defining legal regulation on the territory of the Russian Federation Decrees of the President, resolutions of the State Duma, resolutions (orders) of the Government of the Russian Federation System state standards(GOSTs) and building codes and regulations (SNIP) System of industry standards (osty, RD, sanpin, MPC, OBuv, etc.) System of interdepartmental and departmental regulatory and methodological documentation International treaties, conventions, agreements and other international legal acts to which the Russian Federation is a party (successor) |
Subjects of the Russian Federation Laws of the subjects of the Russian Federation Decrees (orders) of the executive authorities of the constituent entities of the Federation System of regional standards and regulations Bilateral international agreements |
Regulating these relations, he aims to solve three problems: the preservation of the natural environment, the prevention and elimination of the harmful effects of economic activity on nature and human health, the improvement and improvement of the quality of the environmental protection system.
The law leads the system of environmental legislation, i.e. in matters of OPS, the norms of other laws should not contradict this legislation.
Secondly, the main direction of the Law is to ensure a scientifically based combination of environmental and economic interests with the priority of protecting health and natural human rights to a favorable environment. As such justification, there are extreme allowable norms the impact of economic activity on the natural environment. Exceeding these standards is an environmental offense.
Thirdly, in contrast to sectoral laws (for example, the foundations of land legislation), the Law formulates requirements addressed to sources of harmful effects on the natural environment, i.e., to enterprises, institutions and organizations that have a harmful effect on the natural environment.
Fourthly, the central theme of the Law is a person, the protection of his life and health from the adverse effects of environmental protection. In the Law, a person is considered both as a subject of impact on the natural environment, who is responsible for his activities, and as a subject of such impact, endowed with guarantees for compensation for the harm caused.
Fifthly, the norms of the Law fix the mechanism for its implementation, which consists of a system that includes economic incentives for the business executive in the OOPS and measures of administrative and legal impact on violators of environmental and legal regulations. The law establishes the economic mechanism of the OPS, as well as the obligation of state environmental expertise, state environmental control, its powers to suspend, limit, terminate the activities of environmentally harmful industries, measures of administrative and criminal liability for environmental offenses, compensation for damage to the natural environment and human health, environmental education and upbringing.
The effectiveness of this mechanism depends on the level of organizational activity of the supervisory and control bodies for the OPS, on the material, technical and financial support environmental protection measures, from performing discipline, as well as the state of environmental culture in society.
A healthy environment should be accessible 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 protect the natural environment and 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 legal 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 marine nature.
Relations are regulated in the field of nature management. They consist of the basics of the activity 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 living.
Relations are also regulated by laws on technical regulation if they are related to:
- Construction;
- production;
- Installation;
- storage;
- Operation;
- Utilization 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 of 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 is chapter 9.1, which states:
- What are forest park zones;
- About the types of land where it is forbidden to plant trees according to the law;
- On the rights of the inhabitants 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 in detail latest edition, download it from the following . In addition, you can check out.
Recent changes made to Federal Law 7 "On Environmental Protection"
Public control in the field of the environment has been changed. This is described in article 68 of the Federal Law-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 duties. In addition, a number of some articles in the law have undergone changes, 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 nature protection in the subject of the Russian Federation;
- Active participation in the field economic development and federal policy on the territory of a 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 monitoring 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 deals with the rights and obligations of various non-profit organizations and public associations. They have the right:
- Independently create, distribute and implement programs in the field of improving the environment in accordance with the current law;
- Involve local and foreign citizens on a voluntary basis for activities in the field of nature protection;
- Promote and implement work in the field of natural resource safety and involve their own cash For successful implementation activities;
- To help state authorities of the Russian Federation, local self-government in the implementation of a number of environmental issues.
- Conduct various marches, picketing, demonstrations and rallies, etc. in accordance with the current law for the protection of the environment.
No changes have been made to the latest edition.
Article 14
Article 14 under consideration is no longer in force.
Article 16
It lists the penalties for negative impact for the protection of nature.
The negative impact of protection includes the following:
- Emissions of substances that pollute the air from enterprises and other production facilities;
- Discharges of toxic substances into nearby water bodies;
No changes were made in the latest edition of the law on environmental protection.
Article 67
Describes control in the field of production for nature conservation. If an enterprise performs 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.
Article 78
Article 78, namely paragraph 2.1, was amended, according to which the amount of damage to nature that is caused due to violation of the current law in the field of nature protection is determined. Additionally, losses incurred by the person are taken into account. It also calculates the costs of violation tasks that must be reimbursed to eliminate the harm. Such costs are calculated by the federal executive authorities.
To view latest amendments environmental law, download the latest edition from the link above.
The protection of the natural environment, as they recently said the protection of nature, is necessary for every state. The natural environment is those ecosystems in which the citizens of a particular country live, and they
first queue are interested in clean air and water, in non-poisonous foodstuffs. The environment has to be protected from pollution by agricultural and industrial enterprises, from domestic wastewater from each large locality. So environmental protection laws are always laws to restrict human activity in a given area. The environment must also be protected from outside encroachments, so that foreigners do not seize natural resources that historically (by right of residence) belong to a particular people. All this is true, and yet there are many contradictions in all these arguments.
| Introductory chapter What is ecology? |
| Chapter I Environmental Factors and Resources |
| Chapter II Ecology of the individual (autecology) |
| Chapter III Fundamentals of the Doctrine of Population |
| Chapter IV Biocenoses, Ecosystems, Biosphere |
| Chapter V Ecosystems of Urbanized Landscapes |
| Chapter VI Biocenotic patterns of urban evolution |
| Chapter VII Laws of ecology and human activity |
| Chapter VIII Russian Environmental Legislation |
| Application |
We already know that a person is not opposed to his environment, he is a part of it. It does not need special protection, because the main components of the cycle of matter are not “maintained” by humans.
and by no means higher organisms, but an immense multitude of the most primitive organisms, the limits of tolerance and adaptability of which are unusually large. So the protection of the environment always comes down to the regulation of the environment-transforming human activity, and there is no need to talk about citizens here, they are not able to destroy their own habitat. It is destroyed by public structures, most often not heeding the calls of citizens. Therefore, it cannot be said that the environment was transferred to the possession of some people and is their property. After all, you can squander your wealth! The natural environment destroyed in some local place on the planet is a threat to the entire population of the Earth.
So, a person cannot use the environment as his property, being himself a part of the natural environment. A citizen is not able to sufficiently damage his environment, and society is able to do this without his knowledge and consent. Arbitrary and complete use of the resources of the natural environment is practically impossible. However, each state needs a law on environmental protection. Our state adopted in 1963 the Law of the RSFSR"On the protection of nature"
. With state reforms, by 1985 it was outdated. Instead, the Supreme Council of the Russian Federation adopted on December 19, 1991 the Law of the Russian Federation "On the Protection of the Environment”
. Before that we had no common law
in the field of environmental protection.
The 1991 law was characterized by the following main features:
1. This is a complex, head legislative act of direct action. It performs three tasks: a) preservation of the natural environment; b) prevention of the harmful effects of economic activity on it; c) improvement and improvement of the quality of the environment. The direct effect of the law is expressed in the fact that its norms are valid without additional acts - resolutions, instructions, regulations, etc.
2. The law determines the measure of a reasonable combination of environmental and economic interests, with the priority of protecting human health. That is, maximum permissible norms for the impact of economic activity on the environment are established, the excess of which creates a danger to human health.
3. The law formulates the ecological requirements of a person, as a species, to sources of harmful effects on the natural environment.
4. The central theme of the law is a person, the protection of his life and health from adverse effects external environment. That is, ultimately, it is a law on the protection of man. A person is considered in two aspects: as a subject that influences the environment and is responsible for the consequences of his actions; and also as an object of influence, endowed with rights and guarantees for compensation for the harm caused.
5. The mechanisms for the implementation of the provisions of the Law are indicated. They consist of stimulating the protection of the environment, combined with measures of administrative and legal influence on violators. Measures of such influence are economic mechanisms for protecting the natural environment: environmental expertise, environmental control, powers to limit, suspend, terminate the activities of environmentally harmful objects, administrative, criminal liability, compensation for harm caused by violation of the law, environmental education and education.
According to the text of the Law, nature and itsriches are national heritage of peoples Russia, natural basis of their sustainable socio-economic development and human well-being. This should not be understood as an opportunity for the peoples inhabiting the country to arbitrarily and fully use all the natural resources of their territory, hiding behind the slogans of national interests or acute political moments experienced by society.
The law contained 15 sections divided into 94 articles.
On December 20, 2001, the State Duma adopted the Federal Law " On environmental protection”.
In terms of volume, it has changed little and contains 14 chapters, divided into 84 articles.
To the first chapter Laws are still included general provisions. It outlines the tasks of the environmental legislation of the Russian Federation, consisting of the regulation of relations between society and nature in order to preserve natural resources And natural environment for present and future generations of people.
At the beginning, the basic concepts are given: environment, natural environment, components of the natural environment, natural object, natural-anthropogenic object, anthropogenic object, natural complex. In addition, the quality of the environment is determined: favorable environment, negative impact on the environment. It also defines natural resources, environmental pollution and its quality standards, as well as monitoring, control in the field of protection, environmental audit, as well as environmental damage, environmental risk, and the concept of environmental safety is given. The latter, however, like many other concepts, was apparently defined without the participation of ecologists, so the ecological meaning remains not entirely clear.
It also formulated the basic principles of environmental protection, which should guide any individual and legal entity in the country. Here are some of them:
observance of the human right to a healthy environment;
ensuring favorable conditions for human life;
science-based combinations of environmental, economic interests and social interests of a person, society and the state in order to ensure sustainable development and a favorable environment;
responsibility of state authorities of the Russian Federation, constituent entities of the Russian Federation, local governments for ensuring a favorable environment and environmental safety in the respective territories;
payment for nature use and compensation for damage to the environment;
independence of environmental control;
presumption of ecological danger of the planned economic and other activities;
the obligation to assess the impact on the environment when making decisions on the implementation of economic and other activities;
In general, this chapter guarantees human rights to a favorable environment, ensuring favorable living conditions, as well as the responsibility of public authorities and the obligation to conduct a state environmental review. The priority of preserving natural ecological systems is also stipulated. The obligation to participate in environmental protection activities of state authorities of the Russian Federation, constituent entities of the Russian Federation, local self-government, public and other non-profit associations of legal entities and individuals is introduced.
The last article of this chapter lists the objects of environmental protection. These are lands, bowels, soils, surface and The groundwater, and besides, atmospheric air, the ozone layer of the atmosphere
and near-Earth space. Of wildlife, these are forests
and other vegetation, animals and other organisms and their genetic fund.
As a matter of priority, natural ecological systems, natural landscapes and natural complexes that have not been subjected to anthropogenic impact are subject to protection.
Objects included in the World Cultural Heritage List and the World Heritage List are subject to special protection. natural heritage,
as well as state nature reserves, including biosphere reserves, state nature reserves, natural monuments, national natural and dendrological parks, botanical gardens, health-improving areas and resorts, other natural complexes, original habitats, places of traditional residence and economic activities of the indigenous peoples of the Russian Federation, objects of special environmental, scientific, historical and cultural, aesthetic, recreational, health-improving and other valuable significance, the continental shelf and the exclusive economic zone of the Russian Federation, as well as rare or endangered soils, forests and other vegetation, animals and other organisms and their habitats.
In the second chapter are given fundamentals of management in the field of environmental protection. Here in with tatyah from 5 to 10 regulate the powers of state authorities and local self-government in the field of relations related to protection, the delimitation of these powers.
In the third chapter stipulates the rights and obligations of citizens, public and other non-profit associations in the field of environmental protection. Here, Article 11 again declares the right of citizens to a favorable environment, and enumerates the rights of citizens to create public associations, send appeals to authorities, take part in meetings and rallies, put forward proposals and file complaints, file lawsuits. They are obligated relatively little: to preserve nature, treat it with care and comply with the law.
12 article regulates the participation of organizations in environmental activities, and the latter, 13, article of this chapter stipulates a system of state measures to ensure the rights to a favorable environment.
IN fourth chapter The law, as in the previous one, proposes economic mechanisms for the protection of the natural environment, their tasks, planning and accounting of resources. Limits on nature use, payment for the use of resources, environmental insurance, environmental funds and economic incentives for environmental protection are also determined here. Chapters 14 to 18 deal in detail with both economic regulation methods and federal programs in the field of environmental development, and entrepreneurial activity carried out in order to protect the environment.
In the fifth chapter the rationing of the quality of the natural environment is determined. It's no secret that the current natural environment is often so polluted that it adversely affects all living things. First of all, it highlights the requirements for the development of regulations in the field of environmental protection. All standards for maximum allowable doses and levels of contamination, as well as environmental requirements for products are discussed in this section in articles 19 to 31.
sixth chapter consists of only two articles and contains a description of the environmental impact assessment procedure and the procedure for conductingecological expertise. Its goals are defined, the obligatory nature of such an examination is introduced when making any economic decisions. The objects of state environmental expertise, the obligation of public environmental expertise are considered, and both responsibility for failure to comply with the requirements of the expertise and the responsibility of experts are determined.
The most voluminousseventh chapter The law defines environmental requirements for the placement, design, construction, reconstruction, commissioning and operation of enterprises, structures and other facilities. It lists the rules for the storage, use and destruction of chemical, biological, industrial and domestic waste, the protection of the ozone layer of the Earth. This chapter contains articles 32 to 56, at the end of which the possible suspension of activities is stipulated if they are carried out in violation of the requirements specified in this chapter.
IN eighth chapter in just one article the procedure for establishing zones of ecological disaster is described and emergency ecological situations are considered. The signs are determined according to which territories are distinguished as zones of ecological emergency and ecological disaster zones, and measures are given to eliminate such zones and ways to finance these expensive activities.
Special ninth chapter The law focuses on natural objects that are under special protection. It describes the protection measures and its legal regime, the natural reserve fund of the Russian Federation, state natural reserves, wildlife sanctuaries, national parks and natural monuments. Rare and endangered species of organisms and green areas around cities and towns are also subject to special protection. .
State natural reserve a natural complex intended for the conservation or reproduction of some types of natural resources in combination with a limited and coordinated use of other types of natural resources is considered.
National natural parks are called specially protected natural complexes withdrawn from economic use that have ecological, genetic, scientific, environmental, educational, recreational significance, as typical or rare landscapes, habitats for communities of wild plants and animals, places of recreation, tourism, excursions, education of the population .
Monuments of nature individual unique natural objects and natural complexes are considered to be of relic, scientific, historical, environmental and educational significance and in need of special protection by the state.
Around cities and industrial towns stand outsuburban greens zones , including forest park protective belts, as territories that perform environmental protection (environment-forming, ecological), sanitary and hygienic and recreational functions.
It should be noted that all the provisions on these territories, protected species of organisms and green areas surrounding human settlements are similar to those adopted long ago in almost all enlightened countries, regardless of their economic level.
IN tenth chapter article 63 describes state environmental monitoring. The order of its organization is established by the government of the Russian Federation, the results are also used by the government. The availability of these results for citizens is not specified in the article.
Chapter Eleven The law is devoted to environmental control over the state of the environment. Its tasks and significance are explained, the hierarchy of the control service is introduced - state, industrial, public. Undoubtedly, the rights of state controlling officials turned out to be much greater than those of public controlling organizations. Public control in this chapter, consisting of 6 articles, is assigned only two positions in Article 68.
Instead of a special section devoted to environmental education and education of the country's citizens, two separate chapters appeared.
Chapter Twelve regulates scientific research in the field of environmental protection. Her single article lists only possible targets for which scientific research can be conducted. So this chapter turned out to be significantly truncated in comparison with the previous law. .
New chapter, which appeared in this version of the Law, - Chapter 13, is devoted to the basics of the formation of ecological culture. It is represented by four articles, and since only they in the text of the Law are related to environmental education and environmental education, we will give the chapter in its entirety.
Article 71. Generality and complexity of environmental education.
In order to form an ecological culture and professional training of specialists in the field of environmental protection, a system of general and comprehensive environmental education is being established, including preschool and general education, secondary vocational and higher professional education, postgraduate professional education, professional retraining and advanced training of specialists, as well as dissemination of environmental knowledge, including through the media, museums, libraries, cultural institutions, environmental institutions, sports and tourism organizations.
Article 72 Teaching the basics of environmental knowledge in educational institutions.
1. In preschool educational institutions, general educational institutions and educational institutions additional education regardless of their profile and organizational and legal forms, the basics of environmental knowledge are taught.
2. In accordance with the profile of educational institutions providing professional training and advanced training of specialists, the teaching of academic disciplines on environmental protection, environmental safety and rational nature management is provided.
Article 73 Training of heads of organizations and specialists in the field of environmental protection and environmental safety.
1. The heads of organizations and specialists responsible for making decisions in the course of economic and other activities that have or may have a negative impact on the environment must be trained in the field of environmental protection and environmental safety.
2. Training of heads of organizations and specialists in the field of environmental protection and environmental safety responsible for making decisions in the course of economic and other activities that have or may have a negative impact on the environment is carried out in accordance with the law.
Article 74 . Environmental education.
1. In order to form an ecological culture in society, education careful attitude to nature, rational use of natural resources, environmental education is carried out through the dissemination of environmental knowledge about environmental safety, information about the state of the environment and the use of natural resources.
2. Environmental education, including informing the public about legislation in the field of environmental protection and legislation in the field of environmental safety, is carried out by state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local authorities, public associations, the media, and also educational institutions, cultural institutions, museums, libraries, environmental institutions, sports and tourism organizations, other legal entities.
Thus, unlike the previous law, the new law significantly strengthens the state component and no longer specifies the rights of citizens and their priority in such detail. Despite what's left Information Support citizens in the field of environmental quality, here the role of the Government of the Russian Federation in organizing a system of universal and continuous environmental education and education of all citizens of the country is already completely excluded. This should have been carried out by specially authorized government bodies of the Russian Federation, providing the population with environmental information and participating in the organization of universal continuous environmental education and upbringing. In republics, autonomous regions and districts, in territories, regions and local self-government bodies, the organization of universal environmental education, upbringing and enlightenment was mandatory prescribed by law, as an essential attribute of environmental protection. Unfortunately, very little of these provisions remained, which made it possible, since the adoption of this new law, to practically curtail the teaching of ecology in educational institutions. We will return to this topic in chapter 13 of the Law.
Chapter Fourteen The law is devoted to liability for environmental offenses. First of all, the types of such responsibility are listed. It provides for disciplinary, and material, and administrative responsibility. There is also an article on criminal liability for environmental crimes. It is stipulated that disputes in the field of environmental protection are resolved in court in accordance with the law.
The obligation to fully compensate for damage to the environment and the procedure for compensation for damage caused by violation of environmental protection legislation are stipulated. In addition, it also provides for compensation for harm caused to the health and property of citizens as a result of violation of the law, as well as requirements for the restriction, suspension or even termination of the activities of persons carried out in violation of the legislation in the field of environmental protection.
In the fourteenth chapter The law discusses compensation for harm caused by an environmental offense. It is supposed to compensate for such harm in full in the form of adequate material compensation, or in kind, in the form of restoration of the natural environment. Options for compensation for damage caused by a source of increased danger to the health of citizens or their property are considered, methods of claims for the termination of environmentally harmful activities are specified.
Provided in fifteenth chapter Law and international cooperation in the field of environmental protection. It states that the Russian Federation carries out international cooperation in the field of environmental protection in accordance with the generally recognized principles and norms of international law .
Unfortunately, definitions of specially protected territories have been withdrawn from the Law. We quote these definitions from the text of the previous Law. Here they are: " State natural reserves considered withdrawn forever from economic use and not subject to withdrawal for any other purposes, specially protected by law, natural complexes (land, subsoil, animal world), which have environmental, scientific, environmental and educational significance, as standards of the natural environment, typical or rare landscapes, places of conservation of the genetic fund of plants and animals.
There, scientists leading such developments were governmental support, and they were members of the expert councils, giving opinions on the environmental impact assessment of projects, participated in solving practical problems of environmental management, the formation of an ecological culture of society. And, most importantly, they were personally responsible for the scientific results of their developments.
Environmental offenses were listed in the text of the previous Law, here are some of them:
— non-compliance with standards, norms and other environmental quality standards;
- pollution of the environment and causing damage to human health, flora and fauna, property of citizens and legal entities as a result;
— damage, damage and destruction of natural objects, including natural monuments, depletion and destruction of nature reserves and natural ecological systems;
- violation established order or the rules for obtaining, collecting, harvesting, selling, buying up, acquiring, exchanging, sending, importing and exporting abroad objects of flora and fauna, products from them, as well as botanical, zoological and mineralogical collections;
— exceeding the established standards of maximum permissible levels and concentrations harmful substances;
— untimely or distorted information, refusal to provide timely, complete and reliable information about the state of the natural environment and the radiation situation.
Unfortunately, they are omitted in the text of the Law, but we recall them from the text of the previous Law. These principles boil down to the following:
— every person has the right to life in the most favorable environmental conditions;
- each state has the right to use the natural environment and natural resources for the purposes of development and meeting the needs of its citizens;
- the ecological well-being of one state cannot be ensured at the expense of other states or without taking into account their interests;
- economic activity carried out on the territory of the state should not cause damage to the natural environment both within and outside its jurisdiction;
- any types of economic and other activities are unacceptable, environmental impact which are unpredictable;
— control should be established at the global, regional and national levels over the state and changes in the environment and natural resources on the basis of internationally recognized criteria and parameters;
— free and unhindered international exchange of scientific and technical information on environmental problems and advanced environmental technologies should be ensured;
- States should provide assistance to each other in emergency environmental situations;
- all disputes related to problems of the natural environment should be resolved only by peaceful means.
These fundamental principles of international cooperation are most often violated under the pretext of national interests or state secrets.
