Amendments to fz 7 on environmental protection. Russian legislation in the field of environmental safety and environmental protection
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 interested in clean air and water, in non-toxic food. The environment has to be protected from pollution by agricultural and industrial enterprises, from domestic wastewater from each large settlement. 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, every 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 the adverse effects of the 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 The law still included general provisions. It outlines the tasks of the environmental legislation of the Russian Federation, consisting of regulating the relationship between society and nature in order to preserve natural resources and the natural environment in the interests of 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 underground waters, and, in addition, 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 Natural Heritage List are subject to special protection.
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 habitat, places of traditional residence and economic activity of indigenous peoples peoples of the Russian Federation, objects of special environmental, scientific, historical and cultural, aesthetic, recreational, health and other value, 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 the methods of economic regulation, and federal programs in the field of environmental development, and entrepreneurial activities 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. .
The new chapter that appeared in this version of the Law is 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 of 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, foster a caring attitude towards 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 the fact that the information support of citizens in the field of environmental quality has been left, 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 has already been completely excluded. This was to be carried out by specially authorized state 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 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 are considered withdrawn forever from economic use and not subject to withdrawal for any other purposes, specially protected by law, natural complexes (land, subsoil, water, flora and fauna) that 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 conducting such developments received state support, and they were members of expert councils, giving opinions on the environmental impact assessment of projects, participated in solving practical problems of rational environmental management, and 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 of the established procedure or 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 of 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, the environmental consequences of which are unpredictable, are unacceptable;
— 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.
In January 2002, a new federal law "On Environmental Protection" came into effect. This law replaced the law of the RSFSR "On the Protection of the Environment", adopted in 1991. During 2004-2008, the law was amended to clarify the powers of the subjects 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 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.
IN chapter 1 The federal law gives definitions of the main concepts, including: in the field of regulation, state environmental monitoring, environmental audit, best existing technology, environmental risk and environmental safety. The main 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 the use of the best existing technologies, taking into account economic and social factors. The law establishes the objects of environmental protection from pollution and depletion, degradation, these include:
Lands, bowels, soils;
Surface and ground waters;
Forests and other vegetation, animals and other organisms and their genetic stock;
Atmospheric air, the 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 governments in the field of relations related to environmental protection are considered in chapter 2. The delimitation 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 federal executive authorities and 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 environment.
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 the negative impact caused by economic and other activities, natural and man-made emergencies, to reliable information about the state of the environment and to compensation for damage to the environment. 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;
Establishment of payment 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 fee for the negative impact on the environment (the fee for environmental pollution) has been retained. It is determined that entrepreneurial activity carried out for the purpose of environmental protection is supported by the state through the establishment of tax and other benefits. The mechanism of voluntary environmental insurance, which has been in operation since 1991, has been liquidated.
IN chapter 5 the system of regulation in the field of environmental protection is considered. The law determines that regulation in the field of environmental protection consists in establishing standards for environmental quality, standards for permissible environmental impact, as well as state standards and other documents. Rationing is carried out in the manner 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, the following standards of permissible environmental impact are established for legal entities and individuals:
Standards for permissible emissions and discharges of substances and microorganisms;
Standards for the generation of production and consumption waste and limits on their disposal;
Standards for permissible removal of components of the natural environment;
Standards for permissible anthropogenic load on the environment.
As one of the elements of the implementation of environmentally sound 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 the planned economic and other activities that may have a direct or indirect impact on the environment. An environmental impact assessment is carried out when developing all alternative options for pre-project, including pre-investment, and project documentation substantiating the planned economic and other activities, with the participation of public associations.
Chapter 7 is devoted to the issues of environmental protection in the course of economic and other activities and includes the following articles containing requirements in the field of environmental protection in case of:
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;
during 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;
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, facilities for processing, transportation, storage and sale of oil, gas and products of their processing;
the use of chemicals in agriculture and forestry;
production, handling and disposal of potentially hazardous chemicals, including radioactive, other substances and microorganisms;
waste management of production and consumption;
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 was 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.
IN chapter 9 issues of protection of natural objects are considered. For the protection of natural objects that have a special environmental, scientific, historical, cultural, aesthetic, recreational, health and other value value, a special legal regime is established, including the creation of specially protected natural areas. Lands within the boundaries of territories on which natural objects of special environmental, scientific, historical and cultural, aesthetic, recreational, health and other valuable significance and are under special protection are located are not subject to privatization.
IN chapter 10 the issues of organizing state environmental monitoring were considered. It is carried out in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation in order to monitor the state of the environment, including the state of the environment in the areas where sources of anthropogenic impact are located and the impact of these sources on the environment, as well as to meet the needs of the state, legal entities and individuals in reliable information necessary to prevent and (or) reduce the adverse effects of changes in the state of the environment.
Chapter 11 Federal Law "On Environmental Protection" is devoted to environmental control. In the Russian Federation, state, industrial and public control in the field of environmental protection is carried out. State environmental control is carried out by federal executive authorities and executive authorities of the constituent entities of the Russian Federation. At the same time, 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 the 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.
IN 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 general and comprehensive environmental education, including preschool and general education, secondary, vocational and higher professional education, postgraduate professional education, professional retraining and advanced training of specialists, and 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 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.
IN chapter 14 establishes liability for violation of legislation in the field of environmental protection and the procedure for resolving disputes in the field of environmental protection. For violation of the legislation in the field of environmental protection, property, disciplinary, administrative and criminal liability is established in accordance with the legislation.
Thus, economic entities are obliged to fully compensate for damage to the environment, including projects that have a positive conclusion from the state environmental review. Harm to the environment is compensated in accordance with duly approved rates and methods, and in their absence, based on actual costs, taking into account losses incurred, including lost profits. Claims for compensation for environmental damage caused by violation of environmental laws may 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 the legislation in the field of environmental protection has been changed. If earlier the supervisory authorities could suspend or terminate the activities of economic entities by their instructions, now the requirements for the restriction, suspension or termination of the activities of legal entities and individuals carried out in violation of the legislation in the field of environmental protection must be considered by the court or arbitration court.
IN chapter 15 issues of international cooperation in the field of environmental protection were considered. 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 and international treaties of the Russian Federation in the field of environmental protection.
The provisions of the legislation in the field of environmental safety are aimed at preserving the 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. The Russian Federation has several laws regulating 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;
- the rights of citizens 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;
- the system of state supervision over 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 of 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 a vital component for the life of humans, plants and animals. 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 government bodies, the delimitation of rights and the management system are determined;
- 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 and state support for activities aimed at ensuring environmental safety are also prescribed;
- 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 when carrying out certain types of 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 preservation;
- forest park green belts– their creation, placement of information about them, principles of protection;
- state environmental monitoring behind the situation, the functioning of its unified system and the provision 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 corrected, and paragraphs 4-7 were added to Article 68 on the possibility of citizens to assist public services in ensuring environmental safety;
- to point 1 article 50 a paragraph was added on the prohibition of growing plants and animals with genetically engineered material, with the exception of only research work and examination.
According to the Constitution, every citizen has the right to favorable environmental conditions. At the same time, an obligation arises to preserve nature, to take care of its riches. Natural resources act as the basis for sustainable development and the life of all the peoples of Russia. Legal regulation of the sphere of nature protection is carried out by the relevant Federal Law.
Law "On Environmental Protection": general information
The normative act establishes the principles in accordance with which the protection of nature is carried out. The legal basis of the document provides a balance in solving socio-economic issues, maintaining favorable environmental conditions, biological diversity and resources to meet the needs of present and future generations, monitoring the implementation of environmental legislation. The normative act regulates the relations that are formed in the process of carrying out economic and other activities related to the impact on nature. 
Principles
The federal law "On Environmental Protection" defines the general requirements for entities conducting economic and other activities that affect nature. The functioning of enterprises and the work of citizens should be carried out in accordance with the following principles:
Objects to be protected
Their list is established by the 7th Federal Law (FZ "On Environmental Protection"). The objects subject to protection from depletion, pollution, damage, degradation, destruction and other negative impact of economic or other activities include:
Special categories
The Law of the Russian Federation "On Environmental Protection" establishes a list of objects subject to priority protection. These include ecosystems, natural complexes and landscapes that have not been subjected to anthropogenic influence. The Law "On Environmental Protection" also defines the category of objects subject to special protection. This list includes:
- state reserves, wildlife sanctuaries;
- botanical gardens;
- natural monuments;
- dendrological and national parks;
- health-improving and resort areas;
- permanent living environment of small indigenous peoples.
In this category, the Law "On Environmental Protection" includes objects included in the World Heritage List, as well as having a special historical, cultural, scientific, recreational, aesthetic or other valuable value, endangered and rare soils, forests and other vegetation, animals and other organisms and their ranges. 
Citizens' rights
The Federal Law "On Environmental Protection" was adopted in pursuance of the Constitutional provisions relating to the sphere of environmental safety. In this regard, the normative act spells out the rights of citizens in this area. In particular, the Law "On Environmental Protection" establishes that every Russian can send appeals to state, regional or local authorities, organizations and officials in order to receive timely complete and reliable data on the state of nature in the territory of their residence. Citizens also have the right to get acquainted with information about environmental safety measures. The law "On Environmental Protection" allows the formation of public associations, other non-profit structures (foundations, etc.) to carry out activities related to the protection of nature. Citizens may participate in demonstrations, marches, rallies, picketing, referendums, collection of signatures for the adoption of petitions on environmental issues, as well as in other actions that do not contradict normative acts. The law "On Environmental Protection" provides for the right of individuals to apply to the courts with claims for compensation for damage to nature.
Responsibilities
According to the law, citizens must:
- Protect natural resources.
- Save the environment.
- Comply with other environmental requirements.
Interaction with government agencies
Citizens have the right to put forward proposals for the implementation of environmental expertise and take part in it in the prescribed manner. Individuals can assist local, state or regional authorities in solving environmental issues. The law "On Environmental Protection" provides for the right of any citizen to apply to the authorized structures with statements, complaints and proposals regarding the protection of nature.
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 the state policy in terms of environmental protection, and these foundations ensure a balanced solution to problems that relate to socio-economic. 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. The normative-legal act deals with 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 that the concept of sustainable development contains, 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 assessing the merits of Article 65, which relates to state environmental control, it is necessary to keep in mind the traditionally problematic practice of organizing state management of nature management and environmental protection, which 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 liability.
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 a significant number of provisions that can be called declarative. The law does not regulate procedural relations; it lacks modern means of legal technique.
Many experts also point out the fact that the text of the law contains stylistic errors.
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