Federal law on the protection of the natural environment. Russian legislation in the field of environmental safety and environmental protection
Legislative provisions in the field environmental safety aimed at preserving environment And natural resources. This approach is due to the prescription of the Constitution that every citizen has the right to a favorable environment for life. IN Russian Federation There are several laws governing environmental issues.
The environmental laws of the Russian Federation are aimed at protecting and ensuring the country's natural resources. The provisions of the law do not only apply to the consequences of human life. Prescriptions are established to eliminate man-made and natural disasters, as well as to minimize their damage to the environment.
To regulate the relevant provisions in Russia, a number of legal acts are in force. adopted July 19, 1995. The purpose of the document is to ensure the constitutional right of citizens to a favorable environment and the prevention of negative impacts. Federal Law 174 addresses the following issues:
- powers of the President of the Russian Federation, federal and regional authorities;
- carrying out the state ecological expertise;
- citizens' rights and public organizations, as well as customers of documentation for the ongoing examination;
- financial support, international treaties;
- responsibility for violations of the law, as well as the procedure for resolving disputes.
Federal Law "On production and consumption waste" 89 FZ adopted on May 22, 1998. It regulates the handling and disposal of waste that can harm citizens or the environment. The possibilities of processing and reuse are taken into account. The provisions of Federal Law 89 regulate the following aspects:
- powers of the Russian Federation, its regions and local self-government bodies;
- general requirements for waste management;
- rationing, state accounting and reporting system;
- economic regulation of the tasks set;
- regulation of actions aimed at handling municipal solid waste;
- system state supervision for the execution of orders;
- liability for violations.
Regulates issues aimed at protecting the health of citizens and ensuring an environmentally friendly environment. The document regulates the following legal norms:
- rights and obligations of citizens, individual entrepreneurs And legal entities;
- sanitary and epidemiological requirements for ensuring environmental safety and environmental protection;
- provision of preventive measures;
- state regulation of prescribed actions and organization of state federal supervision;
- responsibility for violation of the prescribed norms.
Federal law "On the protection atmospheric air» 96 FZ adopted April 2, 1999 and regulates aspects related to the prevention of air pollution. This is due to the fact that according to Federal Law 96 it is vital important component for human, plant and animal life. Based on this conclusion, legal norms for the protection of atmospheric air are established. They are expressed in the following terms:
- formation of management in the field of atmospheric air protection;
- organization of relevant activities;
- state accounting of sources of harmful effects on the atmosphere;
- ensuring state supervision and economic mechanism of protection and regulation;
- the rights of citizens and legal entities in the field of atmospheric air protection;
- liability for violation of this law;
- international treaties and cooperation of the Russian Federation.
The main environmental law is Federal Law 7 "On Environmental Protection". The document regulates general aspects related to environmental safety. Legal norms of interaction between society and nature, arising in the course of the economic activity of citizens, are prescribed.
Description of the law on ecology
The Federal Law on Environmental Safety of the Russian Federation "On Environmental Protection" was adopted on December 20, 2001. By structure, it consists of several chapters that combine thematic provisions of the legislation on environmental safety. Federal Law 7 contains the following legal norms:
- general provisions , regulating the basic concepts of the law and the legal principles on which it is based, the categories of objects that negatively affect the environmental situation are also taken into account;
- fundamentals of environmental management– the powers of federal, regional and municipal bodies are determined state power, differentiation of rights and management system;
- rights and obligations of citizens, public associations and legal entities are prescribed in the context of the state system of measures to ensure environmental safety;
- principles of economic regulation are based on a penalty for negative impact and determination of persons who are obliged to regularly pay the corresponding fee; a control system is also prescribed and governmental support activities aimed at ensuring environmental safety;
- regulation in the field of environmental protection– standards for permissible actions in violation of the environment are determined;
- environmental impact assessment and the procedure for conducting an environmental review;
- environmental safety requirements in the implementation certain types economic or other activities;
- procedure for establishing zones of ecological disasters and emergency situations;
- accounting for natural objects which are listed under special protection, their legal regime and measures aimed at their conservation;
- forest park green belts– their creation, placement of information about them, principles of protection;
- state environmental monitoring for the situation, its functioning unified system and an endowment fund;
- state environmental supervision — ensuring production and public control, accounting for objects whose activities adversely affect the environment;
- definition of principles for conducting scientific research of ecology;
- foundations for the formation of ecological culture- Measures aimed at educating and enlightening citizens;
- responsibility for breaking the law- its types, the procedure for resolving disputes, compensation for damage and restriction of the activities of the relevant facilities;
- elimination of accumulated environmental damage- identification of such and organization of measures to eliminate it;
- principles of international cooperation Russian Federation on environmental safety issues.
IN final provisions Law 7 FZ includes instructions on its entry into force, as well as bringing other legislative acts into legal compliance. The law came into force on the day of its official publication - January 10, 2002. Since then, it has undergone a number of changes aimed at eliminating inaccurate formulations and updating legal norms. The last amendments were made in 2016.
Changes in the law on ecology
Changes to the environmental law "On Environmental Protection" were last made in 2016. The amendments were introduced by various documents on April 5, June 23 and July 3. The general list is determined by the following changes:
- V articles 1, 19, 29 and 70 after the words " documentation" the words " , federal rules and regulations» in the appropriate cases;
- article 78 of the law on ecology was supplemented with paragraph 2.1 on accounting for the costs of eliminating damage to the environment;
- was added chapter 14.1 on elimination of harm caused to the environment, corresponding amendments were also made to Articles 1, 5.1, 28.1 and 65;
- to the law on ecology introduced chapter 9.1 on forest park green belts, the wording of Article 44 was additionally adjusted, and paragraphs 4-7 were added to Article 68 on the possibility of citizens to provide assistance public services in ensuring environmental safety;
- to paragraph 1 article 50 a paragraph has been added on the prohibition of growing plants and animals with genetically engineered material, with the exception of research work and expert examination.
Structure and summary Law of the Russian Federation "On Environmental Protection" natural 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, competence government agencies authorities of 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, disasters, natural Disasters which is provided 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 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 protection 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 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, 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.
System environmental legislation on the basis of fundamental constitutional acts, it 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 harmful influence economic activity on nature and human health, 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 also considered as a subject of impact on the natural environment, responsible for their activities, and as the 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.
RF LAW "ON ENVIRONMENTAL PROTECTION"
From the time the new Federal Law “On Environmental Protection” was adopted, the previous Law of the RSFSR “On Environmental Protection” became invalid. When the previous legal act regulating this sphere of society's life was adopted in December 1991, it represented the beginning of a new stage in the development of domestic legislation in the field of ecology. This was necessary due to the political, environmental, economic and social development of the country.
The new law, which was adopted on 10.01.2002, has a structure similar to the previous legal act.
We present it below.
Chapter I. General provisions.
Chapter II. Fundamentals of management in the field of environmental protection.
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 disaster, zones of emergency situations.
Chapter IX. natural objects under special protection.
Chapter X. State environmental monitoring (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 formation of ecological culture.
Chapter XIV. Responsibility for violation of legislation in the field of environmental protection and resolution of disputes in the field of environmental protection.
Chapter XV. International cooperation in the field of environmental protection.
Chapter XVI. Final provisions.
The preamble of the law under consideration states that this regulatory legal act determines the foundations that characterize public policy in terms of environmental protection, as well as these foundations, a balanced solution of problems that relate to socio-economic is carried out. The foundations enshrined in laws are designed to preserve a favorable environment, biological diversity and natural resources in order to meet the needs of present and future generations, strengthen the rule of law in the area related to environmental protection, and ensure environmental safety. The law regulates relations related to the interaction of society and nature that arise when economic and other activities are carried out that affect the natural environment, which is an important component of the environment and is the basis of life on Earth, within the boundaries defined by the territory of Russia, as well as on the territory of the continental shelf.
Many experts give negative assessments of this regulatory legal act. Despite this, it also has a number of advantages. As such advantages, one can note, in particular, the presence of the legislator's claim for the implementation of a comprehensive (comprehensive) regulation of relations related to environmental protection. IN this case an attempt is being made to develop a broader, in comparison with the Law that was in effect earlier, development of a mechanism related to the regulation of this area. In relation to the previous law, some experts expressed claims that were justified and related to the fact that it did not contain requirements related to the assessment of the impact on the environment of the activity that was planned, environmental certification, environmental audit. The new law, despite its shortcomings, contains some provisions regarding these instruments. In a legal act in question on environmental audit. However, this procedure is discussed only in the article that contains the basic concepts. The law also contains general provisions related to environmental entrepreneurship.
Based on the provisions contained in the concept related to sustainable development, great importance is given to the regulation of rationing, which is related to the removal of components of the natural environment. These provisions are contained in article 26 of the law.
The law also establishes a legal criterion that refers to the level of design of an enterprise and other facilities. As such an implementation criterion is the criterion that those technologies that correspond to the best should be implemented.
Based on the conditions that are associated with the development of a market economic system, the requirements that are presented in Article 53 of this law and that relate to the fact that in the course of the nationalization or privatization of property, measures must be taken to protect the environment and compensate for harm to it, are reasonable .
When evaluating the merits of Article 65, which relates to state environmental control, it is necessary to keep in mind the traditionally problematic practice of organizing government controlled nature management and environmental protection that take place in the Russian Federation.
According to the new law, it is prohibited to combine functions related to state control in the field of environmental protection with functions related to the economic use of natural resources.
In the process of regulation in Article 75 of the types of liability associated with violation of legislation related to environmental protection, it is customary to single out the following types of liability:
Property liability;
Disciplinary responsibility;
Administrative responsibility;
Criminal responsibility.
Liability, which was provided by the previous law, is excluded.
In this case, the position of the legislator is quite reasonable. Liability associated with environmental offenses, which will be applied in the organization based on the norms of labor legislation, does not carry environmental content or environmental characteristics.
Nevertheless, despite the advantages of this law described above, it is also criticized by many experts, which is not unfounded.
For example, the law does not reflect approaches to environmental protection, as well as possible concepts related to the state environmental policy of the Russian Federation in the 21st century.
The disadvantage of the law is also the fact that it contains significant number provisions that can be called declarative. The law does not regulate procedural relations; it lacks modern facilities legal technology.
Many experts also point out the fact that the text of the law contains stylistic errors.
hunting legislation responsibility supervision
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 international law and federal laws that ensure the preservation 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.
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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 refers to 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 penalties for negative impact on nature conservation.
TO negative impact 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 federal authorities executive power.
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