1) ecological form.
2) Economic form.
3) environmental and economic.
2. Nature protection.
3)Environmental safety
The right of ownership means the legal possibility of actual possession of a natural object, economic domination over it.
The right to use is a legal opportunity to derive benefits from a natural object, its useful properties, that is, the possibility of economic and other exploitation, development of a natural object in order to meet certain needs.
The right of disposal implies the possibility, within the limits established by law, to determine the legal status of a natural object, including its alienation.
According to civil law, the owner has the right, at his own discretion, to own, use and dispose of his property, to perform any actions in relation to him that do not contradict the law (Article 209 of the Civil Code of the Russian Federation).
At the same time, in the field of environmental relations, the implementation of these powers has significant features associated both with the specifics of property objects (natural resources) and with the types of its subjects (state, organizations, citizens).
Natural resources are special objects of property rights that do not have an initial value due to their natural origin, they are spatially limited, and are of particular importance for ensuring the quality of the environment, they are the basis for sustainable socio-economic development of society and human well-being. The Constitution of the Russian Federation establishes that land and other natural resources are used and protected in the Russian Federation as the basis for the life and activities of the peoples living in the respective territory (Article 9).
Therefore, the state and use of natural resources and the environment as a whole is a sphere not only and not so much of private as of public interests, which implies state intervention in the regulation of property relations for natural resources, the establishment of legislative restrictions for the exercise of its constituent powers. As noted in the Concept of the Russian Federation's transition to sustainable development, adopted on the basis of the documents of the UN Conference on Environment and Development in 1992, in modern conditions the role of the state as a guarantor of environmental safety and environmental safety, the effectiveness of state management and control in the field of nature protection are increasing. *.
Taking into account the great ecological and socio-economic value of natural resources, the legislation provides that the possession, use and disposal of them, to the extent that their circulation is permitted by law, is carried out by the owners freely, if this does not cause damage to the environment (Article 36 of the Constitution of the Russian Federation, article 209 of the Civil Code of the Russian Federation).
For the reasons considered, the legislation provides that in the course of possession and use of natural resources, entities must fulfill the obligations for their rational exploitation and reproduction, comply with environmental requirements for their protection from pollution, depletion and destruction, and for the protection of the environment from the harmful effects of their activities.
The law also establishes certain restrictions in the field of natural resource management, which are expressed in the definition of its special order and limits, which is due to the need to combine the economic and environmental interests of society. For example, the rules for registering transactions with land, establishing the maximum size of land plots and the targeted nature of their use, limiting the circulation of agricultural land, etc. Most of the natural resources are generally withdrawn from civil circulation, since they are state property (forest and water funds, subsoil, animal peace, etc.).
It should be borne in mind that the legal regime of certain types of natural resources due to their natural properties is quite difficult or even impossible to consider within the framework of property relations. Thus, the law does not regulate the ownership of atmospheric air, and regarding the ownership of water bodies, the Water Code of the Russian Federation states that the concept of ownership is not applicable in its entirety to water bodies, since the water concentrated in them is in a state of continuous movement and water exchange ( article 31).
The peculiarity of the position of the state as a subject of ownership of natural resources lies in the fact that its powers of possession and use find their real embodiment in the economic and other activities of enterprises, organizations and citizens to whom the state transfers natural resources for use. And the authority to dispose is exercised by the state mainly through the management functions of its competent authorities to determine the legal regime of natural resources, their provision and withdrawal, control over the use and protection of the natural environment, etc.
Features of the exercise by legal entities of the powers to own, use and dispose of natural resources are due to the nature of the activities of these organizations and depend on their legal capacity, defined in the charters and other constituent documents.
Planning and forecasting rational nature management and environmental protection
In a general form, the requirements for environmental protection planning at the present stage are determined by the Law on Environmental Protection, in accordance with Art. 15 of which environmental protection planning at the federal and regional levels is carried out in the form of programs. Such planning should be carried out taking into account state forecasts of socio-economic development, on the basis of scientific research aimed at solving problems in the field of environmental protection. When developing state programs, the proposals of citizens and public associations should be taken into account. The procedure for the development, financing and implementation of federal programs and programs of the constituent entities of the Russian Federation in the field of environmental protection is established accordingly by the legislation of the Russian Federation and its constituent entities.
The law also obliges legal entities and individual entrepreneurs engaged in economic and other activities that have a negative impact on the environment to plan, develop and implement environmental protection measures.
General regulatory requirements for state planning, which also apply to the sphere of nature management and environmental protection, are defined by the Federal Law "On State Forecasting and Programs for the Socio-Economic Development of the Russian Federation". In accordance with this Law, state forecasting of socio-economic development is understood as a system of scientifically based ideas about the directions of Russia's socio-economic development, based on the laws of market management. The program of socio-economic development is a complex system of target guidelines for socio-economic development and effective ways and means planned by the state to achieve these targets.
The development of state forecasts for the long-term (once every five years for a ten-year period), medium-term and short-term perspective is entrusted to the Government of Russia. Such forecasts are developed on the basis of a comprehensive analysis of a number of important factors, including the demographic situation, scientific and technological potential, social structure, the state of natural resources, some other factors and the prospects for their change. At the same time, socio-economic development forecasts are developed for Russia as a whole, for national economic complexes and sectors of the economy, and for regions. Separately, the forecast for the development of the public sector of the economy is singled out.
Developed on a variant basis, forecasts of socio-economic development are based on a system of demographic, environmental, scientific, technical, social and other forecasts of certain socially significant areas of activity. They include, in particular, quantitative indicators and qualitative characteristics of the dynamics of production and consumption, the level and quality of life, and the ecological situation.
Forecasts for the long term, developed every five years for a ten-year period, form the basis for the development of the concept of Russia's socio-economic development in the long term. The concept concretizes the options for socio-economic development, determines its possible goals, ways and means of achieving them.
Based on the concept, state programs for social and economic development, including environmental protection, are being developed. The following are currently being implemented programs:
The Federal Target Program "Ecology and Natural Resources of Russia (2002-2010)", approved by Decree of the Government of the Russian Federation of December 7, 2001 No. 860. This program contains a number of subprograms that were previously implemented as independent federal target programs, including the subprograms "Mineral resources”, “Forests”, “Waste”, “Support for specially protected natural areas”, “Preservation of rare and endangered species of animals and plants”, “Protection
2. Planning for nature management and environmental protection 309
Lake Baikal and the Baikal Natural Territory”, “Revival of the Volga”;
Federal target program "World Ocean", approved by the Decree of the Government of the Russian Federation of August 10, 1998 No. 919;
Federal target program "On state support of state natural reserves and national parks for the period up to 2000", approved by Decree of the President of the Russian Federation of October 10, 1995 No. 1032;
Federal target program "Improving soil fertility in Russia for 2002-2005", approved by the Decree of the Government of the Russian Federation of November 8, 2001 No. 780 1;
Federal target program "Seismic safety of the territory of Russia" (2002-2010), approved by the Decree of the Government of the Russian Federation of September 25, 2001 No. 690 2;
Federal target program "Overcoming the consequences of radiation accidents for the period up to 2010", approved by the Decree of the Government of the Russian Federation of August 29, 2001 No. 637 3 ;
Federal Target Program "Nuclear and Radiation Safety of Russia" for 2000-2006, approved by Decree of the Government of the Russian Federation of February 22, 2000 No. 149 4 ;
Federal target program "Creation of methods and means of protecting the population and the environment from dangerous and especially dangerous pathogens in natural and man-made emergencies in 1999 - 2005", approved by the Decree of the Government of the Russian Federation of July 2, 1999 No. 737 5;
Federal target program "Protection of the environment from lead pollution and reduction of its impact on public health", approved by the Decree of the Government of the Russian Federation of September 26, 1997 No. 1237 6 ;
Some other programs.
In accordance with the State Report on the State of the Environment of the Russian Federation in 19957, there were more than 70 regional programs at various stages of development and partial implementation.
Specific requirements for planning the use and protection of natural resources are established in the relevant natural resource acts. Thus, the Water Code of the Russian Federation contains provisions on schemes for the integrated use and protection of water resources and state programs for the use, restoration and protection of water bodies.
According to the Law on Fauna, planning for the protection of wildlife objects and their habitats is also provided for in the form of state programs.
Planning for the use and protection of land and forest resources is carried out in the form of land and forest management projects. Land and forest management projects as planning tools are a system of measures aimed at ensuring the organization of rational use and protection of land, ensuring rational forest management and use of the forest fund, effective reproduction, conservation and protection of forests, implementation of a unified scientific and technical policy in forestry , creating a favorable ecological environment and improving natural landscapes.
The named forms of planning are developed and carried out by specially authorized state bodies for the protection and use of the corresponding natural object.
Consistent implementation of plans and programs in the field of nature management and environmental protection, along with other factors, is predetermined by funding.
Environmental rights of citizens
Central to the principles of environmental law, as noted above, is the priority of protecting human life and health. In this regard, the most important feature of modern environmental law is the formation and development of the institution of environmental rights of citizens as one of the determining factors in its system.
The basic rights of citizens of the Russian Federation in the field of ecology are enshrined in the Constitution of the Russian Federation. Art. 42 proclaims one of the inalienable human rights - the right to a favorable environment, which is supplemented by other related environmental rights: to reliable information about the state of the environment and to compensation for damage caused to the health and property of citizens by an environmental offense.
In accordance with Art. 18 of the Constitution of the Russian Federation, the rights and freedoms of man and citizen are directly applicable. They determine the meaning, content and application of laws, the activities of the legislative and executive authorities, local self-government and are provided with justice.
At the same time, the norms of the Constitution of the Russian Federation are specified in the current environmental legislation. The Law of the RSFSR "On the Protection of the Environment" establishes that every citizen has the right to health protection from the adverse effects of the environment caused by economic or other activities, accidents, catastrophes, natural disasters. This right is guaranteed:
Planning and regulation of the quality of the natural environment, measures to prevent environmentally harmful activities and improve the environment, prevent and eliminate the consequences of accidents, catastrophes, natural disasters;
Social and state insurance of citizens, organization of medical care for the population;
Providing real opportunities for living in conditions favorable for life and health of the natural environment;
Compensation in a judicial or administrative order for harm caused to the health of citizens as a result of environmental pollution, the consequences of accidents and disasters;
State control over the state of the environment and compliance with environmental legislation, bringing to justice those guilty of violating the requirements for ensuring the environmental safety of the population.
The right to health protection from the adverse effects of the environment is exercised through the implementation of specific powers of citizens in the field of environmental protection, the content of which is disclosed in the Law of the RSFSR "On the Protection of the Environment" (Article 12), the Fundamentals of Legislation on the Protection of Citizens' Health (Article 17 , 19, 66), Federal Laws "On the sanitary and epidemiological welfare of the population" (Art. 8), "On radiation safety of the population" (Art. 22, 23, 26), "On environmental expertise" (Art. 19) and others regulations.
In accordance with the provisions of these laws, citizens of the Russian Federation have the right to:
Create public associations, funds and other public formations for the protection of the environment;
To take part in meetings, rallies, processions, demonstrations, referendums on environmental protection, to address letters, complaints and statements on these issues to the competent authorities;
Require relevant authorities to provide timely, complete and reliable information on the state of the environment and measures for its protection;
Require administrative or judicial cancellation of decisions on the placement, design, construction, operation of environmentally harmful facilities, restriction, suspension and termination of the activities of such facilities;
Raise the issue of bringing to responsibility the guilty legal entities and citizens, bring claims to the court for compensation for harm caused to the health and property of citizens by an environmental offense;
Put forward proposals for conducting a public environmental review and receive information on the results of its conduct;
Exercise other rights in the field of environmental protection provided for by law.
These rights correspond to the obligations of citizens established by law (Article 58 of the Constitution of the Russian Federation, Article 12 of the Law of the RSFSR “On the Protection of the Environment”):
Preserve nature and the environment, treat natural resources with care;
Take part in the protection of the natural environment;
Comply with the requirements of environmental legislation and environmental quality standards;
To improve our ecological culture, to promote the ecological education of the younger generation.
Citizens of the Russian Federation can exercise environmental rights and obligations both individually and through participation in public environmental associations. The latter were also given a number of powers to exercise their functions in the field of environmental protection. According to Art. 13 of the Law of the RSFSR "On the Protection of the Environment", they have the right to:
Develop and promote their environmental programs, protect the environmental rights and interests of the population, develop the ecological culture of the population, involve citizens on a voluntary basis in active environmental protection activities;
At the expense of their own funds and voluntary participation of the population, carry out work on the protection and reproduction of the natural environment, assist state bodies in the fight against environmental offenses;
Require administrative or judicial cancellation of decisions on the placement, construction, operation of environmentally harmful facilities and the restriction, suspension, termination or re-profiling of their activities;
Require the provision of timely, reliable and complete information on environmental pollution and measures for its protection;
Organize meetings, rallies, marches, demonstrations, collect signatures, enter with proposals to discuss projects, referendums on environmental protection;
Raise the issue of bringing guilty officials to responsibility, bring claims in court for compensation for damage to the health and property of citizens caused by an environmental offense.
The state guarantees environmental and other public associations performing environmental functions and citizens the opportunity to exercise their rights in the field of environmental protection in accordance with the legislation of the Russian Federation.
State bodies and their officials are obliged to provide all possible assistance to public associations and citizens in the implementation of their environmental rights and obligations, to take the necessary measures to fulfill their proposals and requirements in the organization of environmental protection activities.
Land management.
Land management includes the following activities: 1. study of the state of the land; 2. planning and organization of rational use of lands and their protection; 3. formation of new and streamlining of existing objects of land management, establishment of their boundaries. Land management is carried out at the initiative of authorized executive bodies of state power, local governments, land owners. Land management must be carried out without fail. These works are necessarily carried out in the following cases: changes in the boundaries of land management objects; provision and withdrawal of land plots; detection of disturbed lands. Land use information is public. Persons whose rights may be affected during land management must be notified in writing no later than seven days before the start of work. The absence of notified persons is not an obstacle to land management. Land surveying is an integral part of land management work, i.e. work on establishing the boundaries of municipalities on the ground. Land surveying is carried out when citizens and legal entities receive new land plots. Land management is one of the management functions in the field of land use and protection.
The right to use subsoil.
The types of use rights for subsoil plots are: the right to use for a certain period or the right without a time limit. The terms of use of subsoil plots are calculated from the moment of state registration of licenses for the use of these subsoil plots. The minimum period of provision is up to one year, the maximum is unlimited. Without a time limit, subsoil plots may be provided for the construction and operation of underground structures not related to the extraction of minerals, the construction and operation of underground structures. For a period of up to one year, subsoil plots are provided for the extraction of minerals. Between the subsoil user, whose right to use the subsoil has been terminated ahead of schedule, and the temporary operator, an agreement may be concluded on the transfer of property necessary to ensure the use of subsoil, on a reimbursable basis. For geological exploration, the period of use is up to 5 years, for the extraction of groundwater - up to 25 years. For the extraction of minerals, subsoil plots are provided for use for the period of mining of a mineral deposit. The basis for obtaining the right to use subsoil is the relevant decision of the state authorities of the appropriate level, depending on the purpose of use. A license is a document confirming the right to use subsoil. Licenses for the right to use subsoil blocks may be issued for both a separate type of use of subsoil blocks and several types of use of subsoil blocks (combined licenses). The granting of licenses for the use of subsoil is carried out with the prior consent of the land management authority. In accordance with the license, the subsoil is transferred for use in the form of plots, which are geometrized subsoil blocks. Subsoil plots are provided for use in the form of a mining or geological allotment. The owners of licenses may be business entities, regardless of the form of ownership, including legal entities.
Legal protection of waters.
The use of water bodies should be carried out with the least possible negative consequences for water bodies. The state authorities of the Russian Federation and the state authorities of the constituent entities of the Russian Federation take measures consistent with the principle of sustainable development to preserve water bodies and prevent their pollution. Citizens and lawyers when using water bodies, persons are obliged to carry out production, technological, agrotechnical and other measures to ensure the protection of water bodies. The protection of water bodies from pollution is carried out by regulating the activities of both stationary and other sources of pollution. Discharge into water bodies and burial in them of industrial, household and other wastes is prohibited. When carrying out works at the bottom of water bodies that are aimed at the use of subsoil, but are not related to the extraction of minerals, subsoil users are obliged to prevent pollution, clogging and depletion of water bodies. It is not allowed to operate self-propelled and non-self-propelled ships, as well as other objects located on the surface of water bodies, without devices for collecting sewage, waste and garbage generated on these ships and objects. Blockage of the ice cover is prohibited. Specially protected water bodies are natural aquatic ecosystems that have special environmental, scientific, cultural and health treatment.
Legal protection of forests.
The State Forest Guard of the Russian Federation is created in the federal executive body that exercises state administration in the field of use, protection, protection of the forest fund and reforestation, in order to ensure the conservation of the ecological and resource potential of forests, the biological diversity of forest ecosystems, compliance with the established procedure and rules for use , protection, protection of the forest fund and reproduction of forests, as well as other requirements established by the legislation of the Russian Federation.
The State Forest Guard of the Russian Federation organizes ground and air protection of forests from fires, takes measures for fire-fighting arrangement of the territory of the forest fund, prevention, detection and suppression of violations of fire safety requirements in forests, prevention of forest fires, and their timely detection. The procedure for the implementation of measures for the protection and protection of forests The Government of the Russian Federation, the federal executive body in the field of forestry, the federal executive body for supervision in the field of nature management and their territorial bodies ensure the implementation of measures to protect and protect forests, combat pests and diseases of the forest and forest fires, attract workers to extinguish them, fire-fighting equipment and vehicles of commercial and non-commercial organizations, as well as the population. O forests are protected from contamination by radioactive substances, rare and endangered species of trees, shrubs, lianas, and other forest plants are protected.
Transport.
In order to establish a barrier between objects of economic and other activities that are sources of negative impact on the environment, and residential buildings, sanitary protection zones are created. Sources of impact on the environment and human health (air pollution and adverse effects of physical factors) are objects for which the levels of pollution generated outside the industrial site exceed the maximum allowable concentrations and / or maximum allowable levels and / or the contribution to pollution of residential areas exceeds 0, 1 MPC. Enterprises, groups of enterprises, their individual buildings and structures with technological processes, which are sources of negative impact on the environment and human health, must be separated from residential buildings by sanitary protection zones. The sanitary protection zone (SPZ) separates the territory of an industrial site from residential buildings, landscape and recreational zones, recreation areas, resorts with the obligatory designation of boundaries with special information signs. The boundary of residential development is a line that limits the placement of residential buildings, structures, ground structures and is separated from the red line by a distance that is determined by urban planning standards. Automobile and other vehicles during operation have a negative impact on the environment in the form of atmospheric pollution with exhaust gases, dust, and are also sources of noise, vibration and pollution of the adjacent area with emissions. Levels of pollution from vehicles should not exceed the established maximum permissible concentrations of harmful substances for atmospheric air, water by type of water use, soil.
Forms of interaction between society and nature. Their development at the present stage. Ecological crisis.
The scientific and methodological basis of environmental law are modern theoretical ideas about the interaction of man, society and nature.
The interaction of society and nature as a natural and objective process, a necessary condition for human existence, manifests itself in two main forms.
There are forms of interaction between society and nature:
1) ecological form. It is based on the natural laws of the development of man and nature. It is absolutely unconscious - having already appeared in nature in a primitive form, a person enters into it (breathes the air, walks the earth ...). This form does not need legal regulation, natural laws prevail here.+
2) Economic form. Unlike the ecological one, it is based on social laws.
3) environmental and economic. It is based on the priority of environmental interests over economic ones.
From this form there are a number of subforms (in order for this priority of ecology on the economy to be sustained):
1. Rational nature management. Rational is the careful inexhaustible use of natural resources. But today humanity lives off those resources that are irreplaceable - coal, oil, gas. They will end sooner or later - and it will be necessary to replace them with something. And although there is bioenergy, solar energy and wind energy, they cannot replace it yet.
2. Nature protection. If you do not protect, the priority will not be maintained. Nature protection also has its own development. For the first time, nature conservation as a conscious human activity appeared in the 19th century in a conservative form - especially protected areas began to be created for the first time. In Russia, these are traditional nature reserves, in America - national parks.
In the 20th century, nature conservation acquires a broader meaning and is already widely considered. Nature as a whole is subject to protection, along with specially protected areas (natural parks, national parks, wildlife sanctuaries have appeared ...).
In the USSR, in 1960, the first law on nature protection was adopted (although it was not very effective - perhaps it was a tribute to fashion, since it was adopted in many countries).
At the turn of the 20th and 21st centuries, it turned from just protection into protection and rehabilitation and goes beyond the national task - and becomes a global task.
In particular, we carried out a federal target program for the revival of the Volga River at the end of the 90s - that is, new tasks are aimed at improving health.
3)Environmental safety- this is the state of protection of the vital interests of a person, state, society from negative environmental factors, natural and man-made.
Environmental law credit
Forms of interaction between society and nature.
The scientific and methodological basis of environmental law are modern theoretical ideas about the interaction of man, society and nature.
The interaction of society and nature as a natural and objective process, a necessary condition for human existence, manifests itself in two main forms.
People use the objects and forces of nature in order to satisfy their biological and other needs, to create means for life. Use of natural resources, speaking one of the forms interaction between society and nature, ensures the economic interests of society.
In the process of this activity for many centuries, people have had an active transformative impact on nature. Under the conditions of the modern scientific and technological revolution, its scale has changed significantly, human economic activity has become a factor of a global nature, comparable to the action of the forces of nature itself. As a result, the critical limits of influence on nature became immediately obvious in many respects: the finiteness of the reserves of traditional sources of raw materials and energy was discovered, environmental pollution increased, the natural mechanisms of self-regulation in the biosphere were violated, which led to a sharp and negative change in the conditions of existence of man himself.
The exacerbation of these problems has put society in front of the need to organize the rational use and reproduction of natural resources, special regulation of economic activity aimed at harmonizing environmental and economic interests. It brought to life new form interaction of society and nature - the protection of the natural environment, led to the emergence of ecological functions of the state and law.
There are also various philosophical concepts of the relationship of man with nature:
1. Historically, the first concept is the consumer attitude to nature. "Resources must be extracted from nature for the development and increase of social wealth."
2. Naturalistic concept. "Nature is a deity that rises above society." The impossibility of interfering with nature, the need to apply the laws of nature in society.
3. Alarmism
a) a pessimistic direction - modern civilization is inevitably heading towards a catastrophe;
b) optimistic direction - humanity is able to solve environmental problems.
4. The doctrine of the noosphere - the inadmissibility of using the power of the human mind to destroy or suppress the living (beginning of the 20th century). The noosphere is a harmoniously transformed scientific thought of the relationship between people, between nature and society, organic and inorganic, conscious and unconscious forces of the world.
5. Restriction of economic development.
6. The concept of sustainable development. In 1972, in Stockholm, at the UN Conference on the Human Environment, a decision was made to establish a commission on environmental protection. In 1987, a report was submitted to the UN Court "Our Common Future". This concept took center stage. As a result of the implementation of this concept, the main task should be solved - harmonization between the solution of socio-economic problems and the problems of preserving a favorable environment and natural potential in order to meet the needs of present and future generations of people. In April 1996, the concept of Russia's transition to sustainable development was approved.
^ 2. Ecological function of state and law.
The question of the functions of the Russian state should be considered in the context of the relationship between man, society and the state, the role of society in the functioning of the state and the role of the state in social development. The relationship between a person, society and the state is quite clearly defined in the Constitution of the Russian Federation of 1993, according to which the highest value in the Russian democratic federal legal state is a person, his rights and freedoms. The state is obliged to recognize, observe and protect the rights and freedoms of man and citizen (Article 2). The only source of power and bearer of sovereignty, i.e. the supreme power in Russia is its multinational people (art. 3). Let us emphasize the position that not the state, but the people are the source and bearer of supreme power in Russia. This should be remembered in the process of studying the entire course of environmental law.
To understand the nature, essence and content of the ecological function of the Russian state, the development and implementation of environmental law in terms of the relationship between society and the state, it is also important to keep in mind some environmentally significant provisions of the preamble to the Constitution of Russia. It says:
"We, the multinational people of the Russian Federation,
united by a common fate in their land,
affirming human rights and freedoms, civil peace and harmony,
<...>
reviving the sovereign statehood of Russia and asserting the inviolability of its democratic foundation, striving to ensure the well-being and prosperity of Russia, proceeding from the responsibility for our Motherland to present and future generations, recognizing ourselves as part of the world community, we adopt the Constitution of the Russian Federation.
Thus, we, the people, having shown our supreme power through a referendum, established the foundations of the constitutional system of Russia, ourselves determined the rights and freedoms of man and citizen, the foundations of the federal structure of the state, approved the legal status of the President of Russia as the head of state, the status of the highest legislative, executive and judiciary, and local government.
All this gives grounds to consider the state represented by the President of the Russian Federation as its head, bodies of the legislative, executive and judicial branches of power, as well as local governments as tools of society in solving problems common to it, including those related to the natural environment - in other words , in the implementation of the functions of the state. It follows from the Constitution of the Russian Federation that the Russian state, like local self-government bodies, solve "common tasks" in the process of exercising their functions on behalf of the people, for the sake of the people and in the interests of the people. It is important to emphasize this.
What is meant by the functions of the state?
The functions of a democratic state are the main or main directions of its activity, caused by the need to solve some common tasks for society. Functions express the essence and purpose of the state in society. Accordingly, in a non-democratic state, within the framework of functions, some tasks can be solved in the interests of not the whole society, but of individual social groups, which was traditional for the Russian state in the past.
The ecological function of the state is recognized by theorists of state and law as one of the main and independent functions of the modern Russian state. In the literature on the theory of state and law, it is sometimes called the function of nature protection (environmental protection, environmental protection). It seems that the content of the ecological function of the state is not limited to the protection of nature, it is much broader. Society is equally interested in the optimal integrated and simultaneous solution of a number of the most significant problems relating to nature and its resources. In view of the foregoing, the ecological function of the state includes in its content activities for the disposal of natural resources owned by the state in the interests of society, as well as activities aimed at ensuring the rational use of natural resources in order to prevent their depletion, to protect the environment from degradation of its state, observance, protection and protection of environmental rights and legitimate interests of individuals and legal entities. By the degree of effectiveness of this function, one can judge the true attitude of the state to ensuring rational nature management, environmental protection, and people.
The study of the development of legal regulation of nature management and nature protection in the historical aspect shows that the ecological function is not only a function of the modern state. The functions of the state are an objective category both in terms of content and methods of implementation. In order to exist and develop effectively in accordance with the goals and objectives of this development, the state must carry out socially significant activities in specific areas. The need for the implementation of the ecological function of the state appears when there is a social need or the need of classes, individual social groups in solving the problems of nature management and environmental protection. At the same time, it is important to keep in mind the dynamics of its content, legal and organizational forms and methods of implementation. The content of the function is determined by the practical interests and tasks of the state at different stages of its development. Until the 20th century, the function of nature protection developed mainly through the function of protecting property rights, economic, military and tax interests of the state. It was a secondary and dependent function.
The implementation of a function is nothing but practical activity to solve certain common tasks facing society and the state. However, tasks can be solved efficiently and less effectively or not solved at all. Although the nature protection function of the Russian state is characterized as basic and permanent, but, judging by the state of the environment in the country, it is extremely ineffective. Therefore, along with singling out the function of nature protection as an independent and basic function, it is important to develop and use appropriate criteria to evaluate it from the point of view of effectiveness. The most acceptable criterion is that the state ensures the observance, protection and protection of the right of everyone to a favorable environment.
The ecological function of the state is realized in different forms. Forms are understood as methods or ways of its implementation. Performing an ecological function, the state uses legal and organizational methods. Legal methods include the adoption of laws and other regulatory legal acts on nature management and environmental protection, law enforcement and law enforcement activities. Law enforcement activity is understood as the activity of specially authorized state bodies for the implementation of environmental law. Law enforcement is the activity of specially authorized bodies for the protection of law by applying legal measures in accordance with the law. Thus, the named legal forms of implementation of the ecological function of the Russian state are implemented mainly within the framework of specialized branches of power - legislative, executive and judicial.
The organizational methods for exercising the functions of the state in nature management and environmental protection include the adoption of economic measures (budgetary financing, the allocation of loans, etc.), the regulation of maximum permissible environmental pollution, environmental protection planning, environmental expertise, environmental certification, monitoring, environmental control, etc. Although organizational methods are not legal, it is important to keep in mind that they are mediated in environmental law and, accordingly, are carried out within the legal framework.
The fulfillment by the state of an ecological function is nothing but the regulation of the corresponding social relations. A significant part of the most important public relations about nature is regulated by environmental law. Thus, the recognition of activities for the disposal in the interests of society of natural resources owned by the state, ensuring their rational use in order to prevent their depletion and protect the environment from various harmful effects, to ensure compliance, protection and protection of environmental rights and legitimate interests of individuals and legal entities as one of the main functions of the state is the most important prerequisite and factor in the formation of the branch of environmental law in the system of Russian law.
^ 3. The concept of sustainable development.
One of the modern, most widespread and supported by the world community concepts of interaction between society and nature is the concept of sustainable development. Its emergence, development and recognition is connected with the environmental activities of the UN. At the initiative of the UN Secretary-General, the International Commission on Environment and Development was established in 1984, headed by Norwegian Prime Minister Gro Harlem Brundtland. The tasks of the Commission included, inter alia, the development of proposals for long-term environmental strategies that would ensure sustainable development by the year 2000 and beyond; consideration of the ways and means by which the world community could effectively deal with environmental problems. The report of the International Commission on Environment and Development "Our Common Future" was presented to the UN General Assembly in 1987.
Central to this document is the concept of sustainable development. Based on the fact that the main objective of development is to meet human needs and aspirations, sustainable development is defined as development that meets the needs of the present without compromising the ability of future generations to meet their own needs. In other words, sustainable development is environmentally sound economic and social development.
The essential advantage of the concept of sustainable development is that it takes into account not only the environmental, but also the time factor. A long-term sustainable development model is based on the idea of equal interests of present and future generations. It is known that the achievement by modern society and the state of the goals of socio-economic and environmental policy was accompanied by the degradation of nature to the detriment of future generations. The model of sustainable development enshrined in the law is a form of regulation of the social responsibility of modern society and the state for creating conditions for future generations to satisfy various needs - physiological, economic, spiritual and others - in the process of interaction with nature.
The concept of sustainable development is being consolidated and developed in Russian environmental legislation. The need for its development and implementation is provided for in two special Decrees of the President of the Russian Federation - of February 4, 1994 "On the state strategy of the Russian Federation for environmental protection and sustainable development" and of April 1, 1996 "On the concept of the transition of the Russian Federation to sustainable development ".
^ 4. Ecological relations: concept, types.
Environmental relations- an independent area of social relations that develop in the process of interaction between society and nature.
The interaction of society and nature is historically divided into two subsystems existing in the unity and struggle of contradictions:
ecological;
economic.
^ Economic subsystem aimed at the consumption of natural resources as sources of food and raw materials, at the use of the natural environment as a place and means of life. It expresses the economic interests of society, embodying a consumer attitude towards nature.
^ Ecological subsystem expresses the needs of society and the individual in a clean, healthy and favorable environment for life.
Ecological relations are secondary in their origin. They arise as a defensive reaction to the appearance of negative consequences of human economic activity in the use of nature.
Forms of ecological relations:
1.
nature protection (preservation of natural ecosystems, natural monuments, nature reserves).
2.
rational use of natural resources, which combines the economical use of natural resources, taking into account the requirements of environmental protection.
3.
improvement and improvement of the human environment.
Types of environmental relations:
environmental protection;
natural resource.
Environmental relations arise in connection with the protection of natural objects in the complex of their relationship with the ecological environment. The direct objects of protection here are the natural environment as a set of ecological systems, individual natural complexes and territories.
^ Natural resource relations- branch. They are formed in relation to individual protected natural objects, natural resources, which serve as sources of satisfaction of economic needs. In this aspect they include:
land protection;
relations for the protection of subsoil;
forest protection;
water protection;
relations for the protection of wildlife;
relations for the protection of atmospheric air.
These relationships are characterized by a double bond. On the one hand, performing protective tasks, they are part of environmental relations. On the other hand, they form an organic whole with relations in the field of rational use of land, subsoil, water, forests, etc.
^ 5. Composition and objects of environmental legal relations.
A legal relationship is a complex social entity that has a certain internal structure, the constituent elements of which are participants, objects and content legal relations.
Participants of legal relations (subjects):
1.
individuals;
2.
legal entities;
3.
state.
Participants in environmental legal relations act as:
1.
bearers of environmental rights and obligations;
2.
subjects of economic and other activities (including users of natural resources, and in cases provided for by law - owners of natural resources), to which environmental requirements are imposed;
3.
persons carrying out activities in the field of environmental protection and protection of environmental rights.
Besides, state in the person of specially authorized state authorities, local governments acts in environmental legal relations as a law enforcement officer.
ENVIRONMENTAL CRISIS
The natural environment serves as a condition and means of human life, the territory on which he lives, a place for placing objects of industry, agriculture and culture.
Thus, two forms of interaction between society and nature have developed:
a) economic- the use of nature to meet their material and spiritual needs;
b) ecological- protection of the natural environment (OPS) in order to preserve man and his natural habitat.
Negative human activity manifests itself in three forms: environmental pollution, depletion of natural resources, destruction of the natural environment.
The main objects of pollution are atmospheric air, water bodies, soils. The concentration of sulfur dioxide in nitrogen oxides generates acid rain .
Greenhouse effect.
For all previous years, the share of CO 2 in the atmosphere increased by 20%. The forecast for 2010 is an increase in CO 2 by 30-40%. This physical and chemical change in the atmosphere can lead to an increase in the greenhouse effect. Its essence is that the accumulation of carbon dioxide in the upper atmosphere will prevent heat exchange between the Earth and space. The greenhouse effect is expressed in temperature increase, weather and climate change.
With modern anthropogenic loads, every 10 years the temperature rises by 0.5 0, and this leads to an increase in the level of the World Ocean and flooding of part of the land. For 100 years, the ocean level rises by 10-12 cm, but with the greenhouse effect, this rise can be accelerated by 10 times. Desertification of lands is another consequence of the greenhouse effect. Even now, every year 6 million hectares of land turn into desert.
The condition associated with air pollution ozone layer Earth, whose function is to protect the natural environment from the ultraviolet radiation of the sun. Under the influence of ozone-depleting substances - fleron, freon, chlorine, carbon, this layer is gradually destroyed, which leads to an increase in the incidence of skin cancer in people.
Oxygen in the atmosphere replenished by two sources - vegetation (about 40%) and the oceans (about 60%). In the oceans, oxygen is produced by the smallest organisms. - plankton.
The death of plankton under the oil film reduces the supply of oxygen in the atmosphere. As a result of oil contamination of the ocean, such a negative phenomenon as the reproduction of unicellular golden algae is observed, which, in the process of its development, absorbs O 2 and releases CO 2. She is very prolific and develops at lightning speed. Usually its lane is up to 10 km wide and 35 m thick, the speed is 25 km per day. In the process of movement, this mass of algae destroys all living life in the ocean - both plant and animal. Such phenomena are observed in the North Sea, in the south of Scandinavia.
Causes of pollution, depletion and destruction of the natural environment.
Causes of anthropogenic impact:
a) the limiting abilities of the earthly nature for self-purification and self-regulation;
Until a certain time, earthly nature recycles and purifies the waste of human production, as if protecting itself from their harmful effects, but the possibilities of nature are limited.
b) the physical limitation of the land area within the framework of one planet. Mineral reserves are depleted and cease to exist. It is necessary to find alternative sources of energy.
c) non-waste production in nature and waste of human production.
It is estimated that at least 20 tons of natural resources are needed annually for the life of one person. Of these, 5-10% go to products, and 90-95% go to waste.
d) knowledge and use by man of the laws of the development of nature occurs only through the accumulation of his own experience.
It is through its sad experience that humanity learns the harmful consequences of its activities. Environmental pollution gives rise to diseases, leads to the degradation of the human personality, and adversely affects the health of future generations. So the current young generation can feel the effects of the pollution of the 1990s, when this generation was being formed, born, and grew. This is confirmed by data on nervous diseases, an increase in the percentage of births of defective people (from 4% increased to 11%).
Man was born and raised on consumer psychology in relation to nature. He always considered nature, first of all, as a resource, and not as an object of his care and protection.
Forms of interaction between society and nature and their development.
The planetary nature is called the biosphere. The sphere of human life and all living things.
The concept of ecology is a natural science concept, first proposed in 1866 by the biologist Haeckel. Ecos - house, dwelling, and logos - science.
Subsequently, in the twentieth century, such a kind of ecology as "social ecology" appears, a branch of law "environmental law" appears.
The following forms of interaction between society and nature.
The first, fundamental form is ecological form . It is based on the natural laws of the development of man and nature. It is absolutely unconscious - having already appeared in nature in a primitive form, a person enters into it (I breathe air, drinks water, walks the earth ...). This form does not need legal regulation, natural laws prevail here.
As society develops, other forms appear. Already the first attempts at farming and the use of fire are influencing nature, changing it. And further, too, only increased influence.
Economic form . Unlike the ecological one, it is based on social laws. There is a social interest - to hide from the cold, caves and fire are no longer enough, already at home and so on.
At a certain stage of development (somewhere in the 20th century) humanity realizes that it is impossible to live without preserving the environment and only using it. Man himself is already suffering - from the deteriorating natural environment, exhausting resources ...
Ecological-economic form . It is based on the priority of environmental interests over economic ones. This is a utopia and ideals to which humanity aspires.
From this form there are a number of subforms (in order for this priority of ecology on the economy to be sustained).
Rational nature management. Also a kind of utopia. Rational is the careful inexhaustible use of natural resources.
But today humanity lives off those resources that are irreplaceable - coal, oil, gas. They will end sooner or later - and it will be necessary to replace them with something. And although there is bioenergy, solar energy and wind energy, they cannot replace it yet.
Protection of Nature. If you do not protect, the priority will not be maintained. Nature protection also has its own development.
For the first time, nature conservation as a conscious human activity appeared in the 19th century in a conservative form - especially protected areas began to be created for the first time. In Russia, these are traditional nature reserves, in America - national parks.
In the 20th century, nature conservation acquires a broader meaning and is already widely considered. Nature as a whole is subject to protection, along with specially protected areas (natural parks, national parks, wildlife sanctuaries have appeared ...).
In the USSR, in 1960, the first law on nature protection was adopted (although it was not very effective - perhaps it was a tribute to fashion, since it was adopted in many countries).
This is the internal task of the state - to take care of its nature.
At the turn of the 20th and 21st centuries, it turned from just protection into protection and health and goes beyond the national goal - and becomes a global goal.
In particular, we carried out a federal target program for the revival of the Volga River at the end of the 90s - that is, new tasks are aimed at improving health.
Planetary nature is the same for everyone and everything in nature is interconnected - therefore, environmental problems are solved at the international level. Since the end of the 90s, international conferences began to gather.
Environmental Safety as a form of interaction between society and nature.
Environmental safety is a state of protection of the vital interests of a person, state, society from negative environmental factors, natural and man-made.
Man's attitude to nature has changed. The house in which he lives, he must keep in order.
2. Ecological crisis: concept, forms of manifestation, causes and ways of overcoming.
The environmental crisis is a rather complex negative phenomenon, and in Russia they began to talk about it only in the 1970s. In the USSR, neither the economic nor the ecological crisis was recognized.
The term first appeared in America.
The word "crisis" of Greek origin - a difficult, difficult situation.
The ecological crisis is that stage of interaction between society and nature, at which the economic and environmental interests of society are exacerbated to the limit.
That is, on the one hand, we want to live in a favorable ecological environment, on the other hand, we want economic development. This is the contradiction that underlies the emergence of the ecological crisis.
Environmental degradation affects human health, has a negative impact on it.
The ecological crisis is a complex multifaceted phenomenon that manifests itself in different forms.
The roots of the ecological crisis go into almost all spheres of society - economic, social, political (the policy of the state, the desire to solve environmental problems also influence).
Society will not deal with environmental issues if they are only concerned with survival. Russia is in the top ten most polluted countries. But our reserves of natural resources and vast expanses still allow us to exist for a long time.
Forms of manifestation of the ecological crisis.
radiation pollution. It is an extremely dangerous form of ecological crisis - it happens during the development of radioactive ores or accidents. The danger of this species is that it can be transmitted over long distances, radiation organisms are fixed in the body, and are carcinogens that cause cancer. If in small doses, then we adapt (because the sun also radiates).
Our most striking example is the well-known Chernobyl, the Chernobyl disaster. And we also had the Semipalatinsk test site, where nuclear weapons were tested (underground and aboveground tests). And the two million civilians living in the area were also exposed regularly.
Radiation entails changes at the gene level - and this leads to the fact that genetic changes are transmitted from generation to generation. Yes, and we are already changing, and quite seriously. Radiation leads to mutations.
In the mid-80s, there was a project "Turning the rivers back". To change the flow of such large rivers, it was necessary to produce many nuclear explosions, after all. In general, it is good that it was not implemented - since perestroika began in the country. But several explosions were made. And people came to see it. The power of the explosion was such that dishes bounced on the tables within a radius of 70 kilometers.
In order to prevent an international conflict from rising, radioactive clouds were driven over the territory of the USSR for a month - they were waiting for the moment when they would fall as precipitation here.
In addition, there are substances such as dioxins - these are also carcinogens. They appear where chlorine is used in the production, and this is plastic (plastic bags, plastic windows, vinyl wallpaper ...). Burning plastic is very dangerous. Money also contains dioxin; chlorine was used in their production.
Dioxins are no less dangerous than radiation.
And we have one of the purification systems - this is chlorination, so even our drinking water can be dioxinated. Chlorine is a volatile substance and when water is settled, the situation improves.
Another form of manifestation of the ecological crisis is air pollution.
Any industry, motor transport (and recently it comes out on top). And this is especially dangerous because 60% of our population are city dwellers.
Polluted air affects the human psyche. About 45% of recruits suffer from mental disorders - as a rule, these are urban residents who live at a faster pace in an unfavorable environment.
Most often, diseases of the respiratory system, blood circulation, allergic reactions.
The next form of manifestation of the crisis is water pollution.
Russia is the owner of large reserves of water resources, but ¾ of our lakes and waters are polluted and are considered unsuitable for drinking water without prior treatment.
The standard of our water is different, but, in general, it complies with the European standard for drinking water.
Soil pollution.
Withdrawal of a large amount of arable land from agricultural circulation - the land is degrading.
Of course, there are many more forms. On this issue, search the same Internet for a seminar lesson. You can global problems - climate warming, the emergence of ozone holes.
You can make a short, concise, informative and interesting report - which is not to be read, but to be told. And don't get carried away with chemicals.
Causes of the ecological crisis in the Russian Federation.
1. One of the first reasons is the dominance of state ownership of natural resources and the means of production that affect it for a long time.
The economy was planned - the main thing was to fulfill the plan and it didn’t matter what the costs were and what the waste was.
2. The second reason is the dominance of the military-industrial complex for a long time. Arms race, accumulation of arsenal. The lion's share of the state budget was spent on the military complex and negligible on the environment.
Many environmental target programs are not brought to completion due to lack of funding.
Here we had a program to restore the Volga - this is copying from the Rhine. But the Rhine was indeed cleared, but the Volga was not.
3. Another reason is the consumer attitude to resources. Plus, our country is very rich in resources and they are squandered (oil, gas and timber). Consumer psychology.
4. In addition, the low level of environmental culture (as well as legal culture, and culture in general).
5. Lack of publicity - we practically did not hear about environmental problems. About the same Chernobyl, there were only two small columns in the newspaper and they contained a blatant lie that everything was normal and within the normal range.
Ways to overcome - improvement of environmental legislation in order to overcome the environmental crisis.
Forms and stages of interaction between society and nature and their development at the present stage
Frunza M.A., Ph.D., Professor, TF NOU VPO "MIPP"
Rylyakova A. V., student of the TF NOU VPO "MIPP"
The formation of the relationship between nature and man began since the time of the appearance of mankind, but they began to develop especially intensively in the twentieth century. This process is characterized by the expansion of human intervention in nature, the intensive development of industrial and agricultural production, as well as the transformation of energy, including nuclear.
Life in harmony with nature is one of the main principles of life on Earth. But at the present stage, the interaction of society and nature can only be described as the destruction of the Earth's ecology by people.
For thousands of years, various forms of interactions have been built between people and nature. To date, there are two main ones:
economic form - understands the use of nature by man to meet his own material and spiritual needs;
ecological form is the protection of the environment in order to preserve man as a biological organism and his natural habitat.
There are also other forms of interaction between society and nature:
biological form - arises from the moment a person appears as a species and consists in the fact that a person exists in nature like any other living being, and nature provides the conditions for his existence;
the social form of interaction arises from the moment of the emergence of society. It is unique, because only a person communicates through society. He uses nature to meet his social needs, and usually this use is divided into three areas: the removal of matter or energy from nature, the removal of anthropogenic waste into the natural environment, and other interactions - interethnic conflicts and technological disasters.
The ecological form of interaction appeared due to the negative human activity, which manifests itself in three forms: environmental pollution, depletion of natural resources, and destruction of the natural environment. The main objects of pollution are atmospheric air, water bodies, soils.
In addition, there are several basic concepts of interaction between society and nature:
the naturalistic concept arises when nature is seen as a deity, a kind of ideal that rises above society. This concept is manifested in the principle of non-interference with nature;
consumer concept, the main idea of which is the superiority of man and society over nature;
the concept of sustainable development is the most modern concept of environmental protection and development. This concept is characterized by the limitation and limits of economic growth of countries and scientific and technological progress.
In scientific terms, the natural environment is a complex concept, which includes the interaction of society and man and nature, consisting of two forms.
The first form (economic) is the consumption of nature by man, using it to satisfy his material and spiritual needs. Human activity strongly influences the changes that occur in the environment. This activity understands the extraction and use of natural resources necessary for man for his economic activity. In this regard, there is pollution of the atmosphere, hydrosphere, lithosphere - almost all spheres of the Earth. But, if we treat nature with more care, we will not only save it for future generations, but we will also be able to receive "economic benefits". For example, the use of alternative energy sources could significantly reduce the severity of the energy problem, and in addition, it will reduce the consumption of coal and oil, and reduce deforestation. In this case, the use of geothermal solar energy and wind energy seems to be more promising. In some countries, this gives good results, and also favorably affects the economies of countries investing in the development of the use of alternative energy sources.
Another example, for the efficient use of natural resources, several Russian scientists proposed the idea of creating territorial production complexes, which would reduce transportation costs and allow on-site processing of waste from the production and economic process, which would bring not only economic, but also serious environmental positive effects.
As for the second form of interaction (ecological), it implies the protection of the environment in order to ensure the preservation of life on earth, the natural habitat of both the person himself and other living organisms.
As we have already said, a person affects the natural environment by consuming resources, in parallel with this, he changes the natural environment for his specific practical and economic purposes. Thus, the economic activity of all mankind has a huge impact on nature, exposing it to negative changes, which, in turn, can also affect the person himself.
For example, at present, about 100 billion tons of ore, fuel, building materials are extracted from the bowels of the earth, including 4 billion tons of oil and natural gas, 2 billion tons of coal. 92 million tons of mineral fertilizers and 2 million tons of pesticides are scattered on the fields, in addition, more than 200 million tons of carbon monoxide, 50 million tons of hydrocarbons, 146 million tons of sulfur dioxide and 250 million tons of dust are emitted into the atmosphere. Up to 10 million tons of oil enter the world's oceans every day. These are all the results of the negative influence of man on nature. The depletion of the environment in the process of human economic activity occurs gradually. The reason for this is the consumption of those natural resources that are the source of human economic activity. Therefore, a number of environmental problems cannot be solved without state intervention. nature society ecological
The legal mechanism of the ecological function of the state serves as a means for the implementation of the ecological function of law. The purpose of the ecological function of law is that it must ensure the preservation of the environment in the conditions of the economic development of society. This means protecting the environment, ensuring environmental safety, improving and restoring disturbed ecosystems in ecologically unfavorable areas, and participating in solving international and global environmental problems.
All this can be achieved only through the development, adoption and application of legal norms that reflect the requirements of the environmental laws of interaction between society and nature. Many countries already have government environmental institutions in line with the socio-economic development programs adopted by a number of developing countries such as the Philippines and India.
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