What two methods of legal regulation does the author name? Which method is preferable for environmental law? Give an example of any one norm of environmental law and indicate which method of legal regulation it refers to.
Explanation.
1) two methods of legal regulation are named: administrative-legal (mandatory), as well as civil-law (dispositive);
2) preferential method: imperative (administrative-legal;
3) norm of environmental law:
Citizens are prohibited from harvesting and collecting mushrooms and wild plants, the species of which are listed in the Red Book of the Russian Federation (imperative method).
Other norms of environmental law can be given, another method of legal regulation is indicated.
The basis of the classification of industries Russian law the subject and method of legal regulation are laid down.
Environmental law is independent industry law, which has its own subject and method.
The subject of environmental law is formed by a specific group of relations that develop in the process of interaction between society and nature (environmental relations). Since this interaction manifests itself in two main forms, it can be said that the subject of environmental law is public relations about the rational use of natural resources and environmental protection.
The method of legal regulation is a set of methods and means of legal influence on social relations. As is known, legal regulation is carried out using two main methods - administrative-legal (mandatory), which involves relations of power and subordination between subjects, the establishment of mandatory prescriptions and prohibitions, as well as civil law (dispositive), based on the equality of participants in legal relations and the freedom of their will. Features of the method of the branch of law are due to the nature of regulated relations, the originality of its subject.
Environmental law combines both of these methods. Taking into account the importance of the environmental interests of the society, on behalf of which the state acts, the legal regulation of environmental relations is carried out mainly using the administrative-legal method: the competent state bodies adopt regulations that provide for environmental rules that are mandatory for all participants in relations in the field of nature management and protection the natural environment.
according to the materials of the Internet encyclopedia
Explanation.
A correct answer must contain the following elements:
1) definition: a branch of environmental law is a system of legal norms regulating relations for the rational use of natural resources and the protection of the natural environment in order to preserve, reproduce and improve it;
2) two forms of interaction rational use of natural resources and environmental protection.
Another wording of the definition can be given.
Using social science knowledge, explain the characteristics of economic growth given by the authors: "environmentally safe" and "socially just".
Read the text and complete tasks 21-24.
In the context of a protracted exit from the financial and economic crisis of 2008-2009. and a gradual recovery in business activity... efforts have intensified to find a new model economic development... In the process of these searches, considerable attention, especially from foreign experts, is paid to the development of an updated concept of environmentally friendly and socially just economic growth through the gradual formation of a new type of economy based on structural reforms, which experts call "green"...
"Green" growth and an updated version of sustainable development are interpreted by international experts as a new engine of the economy that can solve a number of acute problems modern socio-economic development. These include the continuing threat of environmental degradation and depletion of key natural resources, an increase in the frequency of weather anomalies and dramatic climate change...
In this regard, as a different emotional reason, let us pay attention to the unacceptably low positions of the country in international environmental ratings. Following the rating of the World Fund wildlife(WWF), which evaluates the activity of enterprises in the field of "green" innovations, according to which Russia closed the list of countries in which the most comfortable conditions for business development with the use of environmentally friendly technologies, another rating has become public. We are talking about the updated rating of the most environmentally friendly economies in the world (Environmental Performance Index), in which Russia took 106th place (out of a list of 132 countries).
The task of moving to concrete steps the formation of a "green" economy, including the structural reforms necessary for this and the instruments stimulating them, is particularly acute for Russia in the context of the deteriorating global economic situation and the threat of deployment new wave financial and economic crisis.
(N.V. Pakhomov, K.K. Richter, G.V. Malyshkov)
Explanation.
The correct answer should contain explanations for each characteristic:
1) environmentally friendly - economic growth that is not associated with further environmental pollution and depletion of resources;
2) socially just - economic growth, the consequence of which is an increase in the level and quality of life of all segments of the population, and not just the upper class.
Other explanations can be given for each characteristic.
Source: USE 2014 in social studies. main wave. Siberia Option 362 (part C)
Using the text and social science knowledge, name two types of legal liability for violation of environmental law. Illustrate each with an example, each time indicating what type of responsibility you are illustrating.
Read the text and complete tasks 21-24.
The classification of branches of Russian law is based on the subject and method of legal regulation.
Environmental law is an independent branch of law, which has its own subject and method.
The subject of environmental law is formed by a specific group of relations that develop in the process of interaction between society and nature (environmental relations). Since this interaction manifests itself in two main forms, it can be said that the subject of environmental law is public relations regarding the rational use of natural resources and the protection of the natural environment.
The method of legal regulation is a set of methods and means of legal influence on social relations. As you know, legal regulation is carried out using two main methods - administrative-legal (mandatory), which involves relations of power and subordination between subjects, the establishment of mandatory prescriptions and prohibitions, as well as civil law (dispositive), based on the equality of participants in legal relations and freedom their will. Features of the method of the branch of law are due to the nature of regulated relations, the originality of its subject.
Environmental law combines both of these methods. Taking into account the importance of the environmental interests of the society, on behalf of which the state acts, the legal regulation of environmental relations is carried out mainly using the administrative-legal method: the competent state bodies adopt regulations that provide for environmental rules that are mandatory for all participants in relations in the field of nature management and protection the natural environment.
according to the materials of the Internet encyclopedia
Explanation.
A correct answer must contain the following elements:
1) types of liability: administrative, criminal;
2) examples:
Citizen I., walking the dog in early spring, allowed her to trample the lawn of snowdrops (administrative responsibility);
The director of the company "Forest and Nature" did not prevent illegal logging and damage to the forest in a significant amount, which was carried out by his company (criminal liability).
Other types of liability may be named. Other examples can be given
What are the three forms of negative human impact on environment named in the text? Give examples of each of the forms of negative environmental impact indicated in the text.
Read the text and complete tasks 21-24.
In our century, the solution of a number of problems can no longer be limited to the scale of one country, they have to be solved on the scale of our entire planet. Such a perception of the planetary nature of man's relationship with nature first arose in connection with the advent of atomic bomb and with the threat of the world nuclear war. It is generally accepted that such a war, wherever it may arise, in a few hours could poison the entire globe and end the life of a person. This threat is what makes people refuse to use nuclear weapons.
Now the world population is estimated at 3.7 billion people. If it continues to grow at the same rate (average 2% per year) as in this century, then in 700 years our planet will be so densely populated that for every square meter of the entire surface the globe will be one person each. Of course, this is impossible, and the process of increasing human reproduction must be interrupted long before that. When and under what factors this will happen and what civilization will turn into is the most important global problem of the near future.
One of the most important global problems is associated with energy, since the use of natural energy resources by people is the main factor determining the level of modern civilization and welfare of mankind. Now the largest source of raw materials in energy is coal, and if its consumption stops at the current level, then coal reserves will be enough for about a thousand years. Even if humanity does not grow, but per capita energy consumption grows at the same rate as in the last 100 years, then coal reserves will only last 100-150 years. An even closer crisis can be foreseen for other types of raw materials. For example, silver will last within 13-40 years, lead - 20-60 years, etc. (taking into account the use of new, not yet found natural reserves on a fivefold scale).
exhaustion raw materials parts important substances threatens our generation. And therefore, the solution of issues related to the technical and economic aspect of the problem of "man and nature" should be considered urgent. But here it immediately rises socially political aspect: due to the global nature, the solution of these issues is impossible on a national scale, it is realistic only with a wide international cooperation on the basis of the principles of peaceful coexistence of states with different social systems.
The next problem - ecological - arises as a result of imbalance in nature due to environmental pollution on the same global scale. The difficulty in solving this problem lies in the fact that the global scale technical processes at the present level of civilization, they began to change the environment around us in such a way - pollute the air, water and soil, destroy forests, change natural landscapes - that the biological balance that existed in nature until now can no longer be maintained, and this begins to lead to the death of fauna and flora that are essential for human existence.
When a shortage of materials and energy resources begins to arise on a global scale and this begins to catastrophically affect the level of people's well-being, then humanity will have no other choice but to start reducing weapons, since the risk of death from aggression will be less real than the danger of death from lack material resources. In addition, since the solution of global problems should take place with close international cooperation, people will begin to feel that they live in a common apartment and that all of humanity has only one common enemy: this is the upcoming global crisis, with which, forgetting all strife, we must begin fight together.
(according to P. L. Kapitsa)
Explanation.
A correct answer must contain the following elements:
Three forms of negative human impact on the environment in the text with examples;
Pollution of air, water and soil (for example, pollution of air, = water and soil as a result of the accident at the Chernobyl nuclear power plant);
Deforestation (for example, deforestation of the Amazon);
Change natural landscapes(for example, reduction of the area of the Aral Sea).
Using social science knowledge, compose complicated plan, allowing to reveal in essence the topic "Environmental crisis as a global problem of our time". The plan must contain at least three points, of which two or more are detailed in sub-points.
Explanation.
1. What problems have become global for mankind?
2. Essence of the ecological crisis and its connection with other global problems
3. What caused the ecological crisis?
a) Growth in the scale of economic activity of people.
b) Consumer attitude to nature.
4. Manifestations and consequences of the ecological crisis.
5. Ways to overcome the ecological crisis:
a) changing the attitude of people to nature;
b) science in the service of ecology;
c) international cooperation in solving environmental problems.
Using social science knowledge, draw up a complex plan that allows you to essentially reveal the topic "Environmental rights of citizens and ways to protect them." The plan must contain at least three points, of which two or more are detailed in sub-points.
Explanation.
When analyzing the response, the following is taken into account:
Correspondence of the structure of the proposed answer to a plan of a complex type;
The presence of plan items indicating that the examinee understands the main aspects of this topic, without which it cannot be disclosed on the merits;
The correctness of the wording of the points of the plan.
The wording of the points of the plan, which are abstract and formal in nature and do not reflect the specifics of the topic, are not counted in the assessment.
One of the options for the disclosure plan for this topic
1. The concept of a favorable environment.
2. Basic environmental rights of citizens:
a) the right to a favorable environment;
b) the right to reliable information about the state of the environment;
c) the right to compensation for damage caused to health or property by an environmental offense.
3. Defense mechanisms environmental rights citizens:
a) non-judicial;
b) judicial.
4. Types of legal liability for environmental offenses:
a) administrative;
b) criminal, etc.
5. Environmental obligations of citizens.
A different number and (or) other correct wording of points and sub-points of the plan are possible. They can be presented in nominal, interrogative or mixed forms.
Since the early 2000s the government of country Z has taken a number of measures to improve the environmental situation. In 2005 and 2015 The sociological service conducted a survey of adult citizens. They were asked the question: “How do you and your family participate in the conservation of the natural environment?” The results of the survey (in % of the number of respondents) are presented in the form of a diagram.
Find in the list of conclusions that can be drawn from the diagram and write down the numbers under which they are indicated.
1) In the 2015 survey, the share of those who participate in the gardening of their locality is less than the share of those who participate in environmental holidays and festivals.
2) In the 2005 survey, the proportion of those who saved water, monitored the serviceability of water taps, was larger than the proportion of those who sorted household waste.
3) For ten years, people have become less likely to participate in environmental holidays, festivals.
4) The same proportions of respondents in both surveys participate in the cleaning of parks and yards from garbage.
5) The proportion of those who cannot say that they are involved in the conservation of the natural environment has decreased over 10 years.
Explanation.
1) In the 2015 survey, the share of those who participate in the gardening of their locality is less than the share of those who participate in environmental holidays, festivals - no, that's not true.
2) In the 2005 survey, the proportion of those who saved water, monitored the serviceability of water taps, is larger than the proportion of those who sorted household waste - yes, that's right.
3) For ten years, people have become less likely to participate in environmental holidays, festivals - no, that's not true.
4) The same proportions of respondents in both surveys are involved in cleaning up parks and yards from garbage - yes, that's right.
5) The proportion of those who cannot say that they are involved in the conservation of the natural environment has decreased over 10 years - yes, that's right.
Answer: 245.
Establish a correspondence between examples of manifestations and characteristics of global problems: for each position given in the first column, select the corresponding position from the second column.
| MANIFESTATIONS | GLOBAL PROBLEMS | |
| A) gradual depletion of oil and metals B) intensifying the activities of extremist groups (taking hostages, preparing and carrying out explosions in crowded places) C) rapid population growth in Asia, Africa and Latin America D) an increase in the gap in the level of gross national income per capita between groups of countries D) the growth of diseases caused by hazardous waste products | 1) the threat of global terrorism 2) the threat of an ecological crisis 3) the problem of "North - South" |
| A | B | AT | G | D |
Explanation.
Ecological crisis - this is a crisis associated with the depletion of natural resources, environmental pollution, etc.
Threat of world terrorism - more frequent hostage-taking, explosions in the world, extremist views and destruction of civilians.
The "North-South" problem is the problem of the countries of the North and the South, the countries of developed and backward countries of the Third World (Africa, Latin America).
A) the gradual depletion of oil and metals - the threat of an ecological crisis.
B) the intensification of the activities of extremist groups (taking hostages, preparing and carrying out explosions in crowded places) - the threat of world terrorism.
C) rapid population growth in Asia, Africa and Latin America - the problem of "North - South".
D) an increase in the gap in the level of gross national income per capita between groups of countries - the "North - South" problem.
E) the growth of diseases caused by waste from hazardous industries - the threat of an environmental crisis.
Answer: 21332.
Answer: 21332
Subject area: Man and society. Threats of the 21st century
Valentin Ivanovich Kirichenko
You are wrong, in the task of 5 manifestations of global problems. Be careful.
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Select correct judgments about the state and its functions and write down the numbers under which they are indicated.
1 TO external functions State refers to the definition of the general direction of economic development of the country.
2) The state has the monopoly right to legally apply coercion by the forces of the army, law enforcement and security agencies.
3) The requirements established by the state on environmental policy issues form the basis environmental safety countries.
4) The state creates a regulatory and organizational basis for activities government agencies.
5) The fundamental feature of a state of any type is the implementation of the principle of separation of powers.
Explanation.
The state is an organization of political power that manages society and ensures order and stability in it. The main features of the state are: the presence of a certain territory, sovereignty, a broad social base, a monopoly on legitimate violence, the right to collect taxes, the public nature of power, the presence of state symbols. The state performs internal functions, among which are economic, stabilization, coordination, social, etc. There are also external functions, the most important of which are the provision of defense and the establishment of international cooperation. According to the form of government, states are divided into monarchies (constitutional and absolute) and republics (parliamentary, presidential and mixed). Depending on the shape state structure distinguish unitary states, federations and confederations.
1) The external functions of the state include determining the general direction of the country's economic development - no, that's not true. This is an internal function.
2) The state has the monopoly right to legally apply coercion by the forces of the army, law enforcement and security agencies - yes, that's right.
3) The requirements established by the state on environmental policy issues form the basis of the country's environmental security - yes, that's right.
4) The state creates a normative and organizational basis for the activities of state bodies - yes, that's right.
5) The fundamental feature of a state of any type is the implementation of the principle of separation of powers - no, it's not true.
Answer: 234.
Answer: 234
·The arms race has affected the aggravation of the ecological and economic situation in the world. Select from the list below the global issues that are directly reflected in this causal relationship. Write down the numbers under which they are indicated.
1) the threat of a new world war
2) ecological crisis and its consequences
3) lagging behind the developing countries of the "third world" from the developed countries
4) the demographic situation on the planet
5) alcoholism and drug addiction
6) international terrorism
Explanation.
1) the threat of a new world war - yes, that's right.
2) the ecological crisis and its consequences - yes, that's right.
3) lagging behind the developing countries of the "third world" from the developed countries - yes, that's right.
4) the demographic situation on the planet - no, incorrect, there is no connection.
5) alcoholism and drug addiction - no, it is not true, there is no connection.
6) international terrorism - no, not true, there is no connection.
Answer: 123.
Answer: 123
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A group of high school students is working on the project "Ecological situation in our region: problems and solutions." The guys collect statistical material, meet with representatives of local authorities, study literature. What are the possible outcomes of this activity? Write down the numbers under which they are indicated.
1) Improving the system of intraschool control.
2) The choice of teaching aids that meet the new requirements.
3) Proposals for improving the environmental situation in the region.
4) Acquaintance with the state of affairs in your region.
5) Development of skills for collecting and processing information.
6) The desire to better prepare for the exam.
Explanation.
1) Improving the system of intra-school control - no, it is wrong, it is not related to this activity and cannot be its result.
2) The choice of teaching aids that meet the new requirements - no, it is wrong, it is not related to this activity and cannot be its result.
3) Proposals to improve the ecological situation in the region - yes, that's right.
4) Acquaintance with the state of affairs in your region - yes, that's right.
5) Development of skills for collecting and processing information - yes, that's right.
6) The desire to better prepare for the exam - no, it is not true, it is not related to this activity and cannot be its result.
Answer: 345.
Establish a correspondence between the types of global problems and their specific manifestations: for each position given in the first column, select the corresponding position from the second column.
| MANIFESTATION | TYPE OF GLOBAL PROBLEM | |
| A) Large-scale forced migration from developing to developed countries. B) Global climate change. C) High concentration of mass poverty and poverty in countries D) Reducing the biodiversity of the Earth. E) Limited natural reserves of hydrocarbon raw materials. | 1) environmental problems 2) the "North-South" problem 3) energy problem |
| BUT | B | AT | G | D |
Explanation.
A) Large-scale forced migration from developing countries to developed ones is the “North-South” problem.
B) Global climate change - environmental problems.
C) A high concentration of mass poverty and poverty in the countries of Tropical Africa - the problem of "North-South".
D) Reducing the biodiversity of the Earth - environmental problems.
E) The limited nature of hydrocarbon reserves is an energy problem.
Answer: 21213.
Establish a correspondence between the issues and the subjects of power of the Russian Federation, to which they relate: for each position given in the first column, select the appropriate position from the second column.
Write down the numbers in response, arranging them in the order corresponding to the letters:
| A | B | AT | G | D |
Explanation.
A) state awards and honorary titles of the Russian Federation - only federal center.
B) coordination of health issues - the federal center and the subjects of the Russian Federation.
C) environmental protection and ensuring environmental safety - the federal center and the constituent entities of the Russian Federation.
D) the federal budget - only the federal center.
E) personnel of judicial and law enforcement agencies - the federal center and the subjects of the Russian Federation.
Answer: 12212.
Establish a correspondence between the issues and the subjects of power of the Russian Federation, to which they relate: for each position given in the first column, select the appropriate position from the second column.
Write down the numbers in response, arranging them in the order corresponding to the letters:
| A | B | AT | G |
Explanation.
In accordance with Art. 71 of the Constitution of the Russian Federation, the jurisdiction of the Russian Federation is: the adoption and amendment of the Constitution of the Russian Federation and federal laws, control over their observance; federal structure and the territory of the Russian Federation; regulation and protection of human and civil rights and freedoms; citizenship in the Russian Federation; regulation and protection of rights national minorities; establishment of a system of federal legislative, executive and judiciary, the order of their organization and activities; formation of federal bodies of state power; federal state property and its management; establishing the foundations of federal policy and federal programs in the field of state, economic, environmental, social, cultural and national development of the Russian Federation; establishing the legal framework for the single market; financial, currency, credit, customs regulation, money issue, bases of price policy; federal economic services, including federal banks; federal budget; federal taxes and fees; federal funds for regional development; federal energy systems, nuclear power, fissile materials; federal transport, means of communication, information and communications; activities in space; foreign policy and international relationships Russian Federation, international treaties of the Russian Federation; issues of war and peace; foreign economic relations of the Russian Federation; defense and security; defense production; determination of the procedure for the sale and purchase of weapons, ammunition, military equipment and other military property; production of toxic substances, narcotic drugs and the procedure for their use; determination of the status and protection of the state border, territorial sea, airspace, the exclusive economic zone and the continental shelf of the Russian Federation; judiciary; prosecutor's office; criminal, criminal procedural and criminal executive legislation; amnesty and pardon; civil, civil procedural and arbitration procedural legislation; legal regulation of intellectual property; federal conflict of laws; meteorological service, standards, standards, metric system and timekeeping; geodesy and cartography; names of geographical objects; official statistical and accounting; state awards and honorary titles of the Russian Federation; federal public service.
A) environmental protection and environmental safety - the federal center and the constituent entities of the Russian Federation.
B) questions of war and peace - only the federal center.
C) state awards and honorary titles of the Russian Federation - only the federal center.
D) defense and security - only the federal center.
Answer: 2111.
Renat Koshevoy 06.06.2017 18:39
In accordance with Art. 71 of the Constitution of the Russian Federation, the jurisdiction of the Russian Federation is: foreign policy and international relations of the Russian Federation, international treaties of the Russian Federation; issues of war and peace;
And in response, this is the conduct of the federal center
Valentin Ivanovich Kirichenko
The Russian Federation and the federal center are one and the same
Anna Vvedenskaya 14.04.2018 18:24
1. The commentary on the Constitution of the Russian Federation states that "issues of war and peace within the exclusive jurisdiction of the Russian Federation are decided by the President of the Russian Federation and the chambers of the Federal Assembly."
2. Also, in accordance with paragraph "E" part 1 of article 106 of the Constitution, adopted by the State. By the Duma, federal laws on questions of war and peace are subject to obligatory consideration by the Federation Council.
Write down the numbers in response, arranging them in the order corresponding to the letters:
| A | B | AT | G | D |
Explanation.
In accordance with Art. 71 of the Constitution of the Russian Federation, the jurisdiction of the Russian Federation is: the adoption and amendment of the Constitution of the Russian Federation and federal laws, control over their observance; federal structure and territory of the Russian Federation; regulation and protection of human and civil rights and freedoms; citizenship in the Russian Federation; regulation and protection of the rights of national minorities; establishment of a system of federal bodies of legislative, executive and judicial power, the procedure for their organization and activities; formation of federal bodies of state power; federal state property and its management; establishing the foundations of federal policy and federal programs in the field of state, economic, environmental, social, cultural and national development of the Russian Federation; establishing the legal framework for the single market; financial, currency, credit, customs regulation, money issue, bases of price policy; federal economic services, including federal banks; federal budget; federal taxes and fees; federal funds for regional development; federal energy systems, nuclear power, fissile materials; federal transport, means of communication, information and communications; activities in space; foreign policy and international relations of the Russian Federation, international treaties of the Russian Federation; issues of war and peace; foreign economic relations of the Russian Federation; defense and security; defense production; determining the procedure for the sale and purchase of weapons, ammunition, military equipment and other military property; production of toxic substances, narcotic drugs and the procedure for their use; determination of the status and protection of the state border, territorial sea, airspace, exclusive economic zone and continental shelf of the Russian Federation; judiciary; prosecutor's office; criminal, criminal procedural and criminal executive legislation; amnesty and pardon; civil, civil procedural and arbitration procedural legislation; legal regulation of intellectual property; federal conflict of laws; meteorological service, standards, standards, metric system and timekeeping; geodesy and cartography; names of geographical objects; official statistical and accounting; state awards and honorary titles of the Russian Federation; federal public service.
1) judiciary
2) defense and security
3) customs regulation
4) ensuring environmental safety
5) implementation of measures to combat natural disasters
6) nuclear power
Find two terms that "fall out" of the general series, and write down the numbers under which they are indicated.
Explanation.
The jurisdiction of the Russian Federation is:
1) adoption and amendment of the Constitution of the Russian Federation and federal laws, control over their observance;
2) the federal structure and territory of the Russian Federation;
3) regulation and protection of human and civil rights and freedoms; citizenship in the Russian Federation; regulation and protection of the rights of national minorities;
4) establishment of a system of federal bodies of legislative, executive and judicial power, the procedure for their organization and activities; formation of federal bodies of state power;
5) establishing the foundations of federal policy and federal programs in the field of state, economic, environmental, social, cultural and national development of the Russian Federation;
6) federal budget; federal taxes and fees; federal funds for regional development;
7) defense and security; defense production; determining the procedure for the sale and purchase of weapons, ammunition, military equipment and other military property; production of toxic substances, narcotic drugs and the procedure for their use;
8) determination of the status and protection of the state border, territorial sea, airspace, exclusive economic zone and continental shelf of the Russian Federation;
9) judiciary; prosecutor's office; criminal and criminal-executive legislation; amnesty and pardon; civil law; procedural law; legal regulation of intellectual property.
A) the rapid growth of the population in developing countries and the "aging" of the population in developed countries Oh
B) reduction of the ozone layer of the earth
B) the threat of nuclear war
D) international terrorism
D) global warming
1) demographic
2) political
3) environmental
Write down the numbers in response, arranging them in the order corresponding to the letters:
| BUT | B | AT | G | D |
Explanation.
Globalization - historical process rapprochement of peoples, turning humanity into a single system.
Establish a correspondence between examples of manifestation and the global problems they illustrate: for each position given in the first column, select the corresponding position from the second column.
Write down the numbers in response, arranging them in the order corresponding to the letters:
| BUT | B | AT | G | D |
What are the three forms of negative human impact on the environment mentioned in the text? Give examples of each of the forms of negative environmental impact indicated in the text.
Read the text and complete tasks 21-24.
In our century, the solution of a number of problems can no longer be limited to the scale of one country, they have to be solved on the scale of our entire planet. Such a perception of the planetary nature of man's relationship with nature first arose in connection with the appearance of the atomic bomb and the threat of a world nuclear war. It is generally accepted that such a war, wherever it may arise, in a few hours could poison the entire globe and end the life of a person. This threat is what makes people refuse to use nuclear weapons.
Now the world population is estimated at 3.7 billion people. If it continues to grow at the same rate (on average 2% per year) as in this century, then in 700 years our planet will be so densely populated that there will be one person for every square meter of the entire surface of the globe. Of course, this is impossible, and the process of increasing human reproduction must be interrupted long before that. When and under what factors this will happen and what civilization will turn into is the most important global problem of the near future.
One of the most important global problems is related to energy, since the use of natural energy resources by people is the main factor determining the level of modern civilization and the well-being of mankind. Now the largest source of raw materials in energy is coal, and if its consumption stops at the current level, then coal reserves will be enough for about a thousand years. Even if humanity does not grow, but per capita energy consumption grows at the same rate as in the last 100 years, then coal reserves will only last 100-150 years. An even closer crisis can be foreseen for other types of raw materials. For example, silver will last within 13-40 years, lead - 20-60 years, etc. (taking into account the use of new, not yet found natural reserves on a fivefold scale).
The depletion of raw materials of some important substances already threatens our generation. And therefore, the solution of issues related to the technical and economic aspect of the problem of "man and nature" should be considered urgent. But here the socio-political aspect immediately arises: due to the global nature, the solution of these issues is impossible on a national scale, it is real only with broad international cooperation based on the principles of peaceful coexistence of states with different social systems.
The next problem - ecological - arises as a result of imbalance in nature due to environmental pollution on the same global scale. The difficulty in solving this problem lies in the fact that the global scale of technical processes at the current level of civilization began to change the environment around us in such a way - pollute the air, water and soil, destroy forests, change natural landscapes - that the biological balance that existed in nature until now can no longer be preserved, and this begins to lead to the death of fauna and flora, which are necessary for the existence of people.
When a shortage of materials and energy resources begins to arise on a global scale and this begins to catastrophically affect the level of people's well-being, then humanity will have no other choice but to start reducing weapons, since the risk of death from aggression will be less real than the danger of death from lack material resources. In addition, since the solution of global problems should take place with close international cooperation, people will begin to feel that they live in a common apartment and that all of humanity has only one common enemy: this is the upcoming global crisis, with which, forgetting all strife, we must begin fight together.
(according to P. L. Kapitsa)
Explanation.
A correct answer must contain the following elements:
Three forms of negative human impact on the environment in the text with examples;
Pollution of air, water and soil (for example, pollution of air, = water and soil as a result of the accident at the Chernobyl nuclear power plant);
Deforestation (for example, deforestation of the Amazon);
Change of natural landscapes (for example, reduction of the area of the Aral Sea).
The standards of environmental legislation have been in force in all regions of the Russian Federation since 2002. But in 2016, Federal Law No. 7 has undergone some changes. As follows from the legislative provisions, all jur. persons and individual entrepreneurs using NV objects (adversely affecting nature) in their management are required to replenish the State Treasury with appropriate deductions (NVOS). Payment for the negative impact on the environment is a mandatory annual contribution of users of natural resources, characterized as covering the damage caused to the nature and ecology of the country as a result of the use of NV objects in their management. The obligation to make mandatory contributions to the Treasury is established by Article 16 of the Federal Law No. 7.
The concept of compensation for polluting nature implies financial contributions by nature users to the country's budget, acting as compensation for damage from causing them environmental harm. The payment is made once a year or every quarter, depending on the form of ownership of the company. The established contributions are aimed at encouraging legal entities. individuals and individual entrepreneurs to take appropriate measures to reduce the degree of adverse impact emanating from the use of NV facilities, including the erection of environmental structures. Federal Law No. 7 contains some generalized requirements for contributions for negative environmental impact, as well as the rules and frequency of their deductions (Article 16 of Federal Law No. 7). Reimbursements of users of natural resources are subject to transfer to the State Treasury of the Russian Federation.
Guided by the same article 16 of the Federal Law No. 7, it is customary to consider the following as an adverse effect:
- release of radioactive and other polluting components and compounds into the atmosphere by permanent resources;
- discharges of radioactive and other polluting substances into drains, as well as drainage channels;
- conservation and disposal of waste materials obtained in the course of production activities.
For the above types of negative impact on the environment, both Federal Law No. 7 and Government Decree No. 255 provide for a fee.
The procedure for filing a declaration-calculation for NV and the deadlines for paying contributions
The calculation of compensation is reflected in the NVOS declaration, which is submitted to the Federal Service for Supervision of Natural Resources of the constituent entities of the Russian Federation. The document submission deadline is March 10 of the year following the reporting period. That is, the declaration-calculation for 2017, users of natural resources should be sent no later than March 10, 2018.
The document reflects the calculation of the mandatory reimbursement, the payment deadline for which is determined before March 1 of the year following the tax period. At the same time, it should be pointed out that the payment for negative impact has a different frequency, depending on the type of management. For example:
- Large businesses must pay quarterly. The payment deadline is the 20th day of the month following the reporting quarter.
- Small and medium-sized businesses make payments every 12 months. Deadline not later than March 1 of the year following the tax period.
- If the entity has only been registered at the start of business, regardless of its class of business, it must make payments for the negative impact on the environment in the current period based on the results of the past year, that is, before March 1 of the year following the reporting period.
The obligation to submit the calculation of the NVOS and pay it
According to the rules of environmental legislation, all legal entities are required to pay the NVOS and submit a declaration. persons and individual entrepreneurs performing their production activities using facilities that have an adverse impact on the environment. Taking into account the degree of environmental damage, the NV property is divided into categories, respectively, and the calculation of contributions for them will be excellent. The calculation method and the result obtained are reflected in the declaration.
It should be noted that objects belonging to category IV are not subject to the calculation of the NEI, that is, users of natural resources are completely exempted from paying the fee. This means that such objects have distinctive features for environmental damage:
- do not produce radioactive emissions;
- the volume of pollution entering the atmosphere does not exceed 10 tons per year;
- the economic activity of the enterprise does not affect the clogging of wastewater.
The level of danger of objects is determined by Rosprirodnadzor after an appropriate assessment of the property of the enterprise.
As with all obligatory payments made to the budget, their own CBCs have been developed for negative environmental impacts, which reflect the direction of budget funds.
For late filing of the declaration and payment of contributions, the legislation provides for penalties.
The amount of fines is set as follows
- officials - from 3,000 to 6,000 rubles;
- legal entities- from 50,000 to 100,000 rubles.
Contributions for NVOS
For enterprises making contributions to the budget for environmental damage, the relevant CSC codes are provided, the negative impact on the environment in 2018 will be transferred by users of natural resources according to the 20-digit codes given in the Letter of Rosprirodnadzor No. AC-06-01-36 / 6155 dated April 11, 2016 of the year.
Table. CSC for NVOS.
In conclusion, we note that the main task of legislators in relation to the payment for NVOS is to encourage enterprises to preserve and restore environmental facilities. In addition, the calculation of the fee regulates the efficiency of the use of resource-saving sources.
The environmental community has been in a state of increased activity. The fact is that the state decided to radically change the system of rationing the impact on the environment. So, in the middle of last year, Federal Law No. 219-FZ of July 21, 2014 (hereinafter referred to as Federal Law No. 219-FZ) was adopted, which introduced significant changes to the main regulatory document in the area under consideration - Federal Law No. 7 of January 10, 2002 -FZ "On Environmental Protection" (hereinafter - Federal Law No. 7-FZ). One of the changes was the introduction of categorization of all economic entities depending on the degree of their impact on the environment.
Recall that in accordance with paragraph 1 of Art. 4.2 federal law No. 7-FZ, all objects that have a negative impact on the environment (hereinafter referred to as NEOS), depending on the level of such impact, are divided into 4 categories:
Facilities that have a significant negative environmental impact and related to the areas of application of the best available technologies (hereinafter referred to as BAT) ( objects of category I);
Objects that have a moderate NVOS ( objects of category II);
Objects that have an insignificant negative impact ( objects of category III);
Objects that provide a minimum NVOS ( IV category objects).
The division of economic entities into categories is aimed at solving a number of problems, including increasing the level of control over hazardous production facilities and, conversely, reducing the level of control over facilities that have a minimal negative impact, reducing unjustified economic costs for enterprises, reducing the burden on regulatory authorities, etc.
According to paragraph 4 of Art. 4.2 of Federal Law No. 7-FZ, the assignment of an object providing NVOS of the corresponding category is carried out when it is put on the state register of objects providing NVOS. The category of an object can be changed when updating the accounting information about the object that provides the NVOS.
The criteria on the basis of which objects that have a negative impact on the environment are classified as objects of categories I, II, III and IV are established by the Government of the Russian Federation (clause 3, article 4.2 of Federal Law No. 7-FZ). In order to implement said provision In 2014, the Ministry of Natural Resources of Russia, together with other departments, developed a draft Decree of the Government of the Russian Federation "On the establishment of criteria on the basis of which the objects that have a negative impact on the environment are classified as objects of categories I, II, III and IV" (hereinafter - the Draft ). In January-April 2015, public hearings were held, taking into account the results of which the Draft was finalized, passed an independent anti-corruption expertise and was submitted to the Government for approval. Let's take a closer look at the revised Project.
To begin with, we note that according to paragraph 2 of Art. 4.2 of Federal Law No. 7-FZ, when establishing criteria, the following should be taken into account:
Levels of impact on the environment of types of economic and (or) other activities (industry, part of the industry, production);
The level of toxicity, carcinogenic and mutagenic properties of pollutants contained in emissions, discharges of pollutants, as well as hazard classes of production and consumption waste;
Classification of industrial facilities and industries;
Features of the implementation of activities in the field of the use of atomic energy.
In the Draft, the criteria are based on the affiliation of the facility that provides NEI to a specific industry (part of the industry, production), taking into account production capacity indicators.
I CATEGORY
In accordance with the explanatory note to the Project, objects of category I include objects of industries (parts of industries, production), which are characterized by the greatest contribution to environmental pollution or carry out emissions, discharges containing the most dangerous for human health and environmental conditions. chemical substances or their compounds.
In addition, on the basis of Federal Law No. 7-FZ, objects of economic and other activities related to the areas of application of BAT fall into category I. In this regard, industries (parts of the industry, production) were used as criteria for attributing objects to category I, which, in accordance with the list of areas of application of the best available technologies, approved by Decree of the Government of the Russian Federation of December 24, 2014 No. 2674-p) refer to the areas of application of BAT.
When forming the criteria for classifying economic entities as category I, the types of production activities with specific capacity indicators were taken into account, which are covered by the Directive of the European Parliament and the Council of the European Union of 15.01.2008 No. 2008/1 / EC "On Integrated Pollution Prevention and Control" and Appendix 1 to the Model Law "On the Prevention and Integrated Control of Environmental Pollution" (adopted in St. Petersburg on November 25, 2008 by Resolution No. 31-8 at the 31st plenary meeting of the Interparliamentary Assembly of the CIS Member States) .
Due to the fact that objects of category I are the main pollutants of the environment, they are given great attention(the list of objects of category I occupies more than half of the scope of the Project).
Such facilities are proposed to include, first of all, facilities for the extraction and processing of minerals, energy facilities, metallurgy, enterprises of organic and inorganic synthesis, facilities for the neutralization and disposal of waste, wastewater treatment, enterprises of textile, leather, pulp and paper, food, pig breeding and poultry industries, meat processing plants, enterprises with powerful workshops for electrolytic and chemical processing of raw materials, facilities for the production of magnesium oxide, work on the treatment of surfaces, objects and products using organic solvents, etc.
It should be noted that an important reservation was made in the revised Project: these objects belong to category I, provided that the discharges and emissions of harmful (polluting) substances into the environment of these objects contain substances of hazard class 1 and (or) 2. In our opinion, making such a reservation was a completely reasonable and justified step, since this significantly reduces the number of potential objects of category I.
According to the Project for objects of the 1st category do not apply enterprises, research institutes, research and development offices in which the equipment is used exclusively for research, development and testing of new products and processes.
Objects of category I will be under the closest control by the state. Thus, in accordance with the amendments made by Federal Law No. 219-FZ to Federal Law No. 7-FZ, they are provided special way rationing - getting integrated environmental permit(hereinafter - CER):
extraction
Article 31.1 Integrated environmental permit
(will enter into force on 01.01.2019)
1. Legal entities and individual entrepreneurs engaged in economic and (or) other activities at Category I facilities are required to obtain a comprehensive environmental permit.
[…]
10. A comprehensive environmental permit contains:
technological standards;
standards for permissible emissions, discharges of highly toxic substances, substances with carcinogenic, mutagenic properties (hazard class I, II substances), if such substances are present in pollutant emissions, pollutant discharges;
standards for permissible physical impacts;
waste generation standards and limits on their disposal;
requirements for handling production and consumption waste;
an agreed program of industrial environmental control;
validity period of the integrated environmental permit.
[…]
19. The procedure for issuing integrated environmental permits, their re-issuance, revision, amendments to them, as well as revocation is established by the Government of the Russian Federation.
The application form for obtaining an integrated environmental permit and the form of an integrated environmental permit are established by the federal executive body authorized by the Government of the Russian Federation.
[…]
According to Art. 11 of Federal Law No. 219-FZ issued until January 1, 2019 permits for the release of pollutants into atmospheric air, limits on pollutant emissions, permits for the discharge of pollutants into the environment, limits on the discharge of pollutants, waste generation standards and limits on their disposal will be in force until the date of receipt of the IEP. An application for an IEP must be submitted within the period January 1, 2019 to December 31, 2022 inclusive.
If necessary, at the objects of category I, it will be necessary to develop environmental efficiency program:
Article 67.1. Environmental Action Plan, Environmental Efficiency Improvement Program
(will enter into force on 01.01.2019)
1. […] If it is impossible to comply with the standards for permissible emissions, standards for permissible discharges, technological standards by legal entities or individual entrepreneurs engaged in economic and (or) other activities at objects of category I, for the period of gradually achieving the standards for permissible emissions, standards for permissible discharges, technological standards in without fail a program for improving environmental efficiency is being developed and approved.
[…]
In addition, stationary emission sources located at category I facilities will need to be equipped with automatic systems emission measurements:
extraction
from Federal Law No. 7-FZ
Article 67. Production control in the field of environmental protection (industrial environmental control)
[…]
9. At category I facilities, stationary sources, the list of which is established by the Government of the Russian Federation, must be equipped with automatic means for measuring and recording the volume or mass of pollutant emissions, pollutant discharges and pollutant concentrations, as well as technical means fixing and transferring information on the volume and (or) mass of pollutant emissions, pollutant discharges and pollutant concentrations to the state data fund of the state environmental monitoring (state monitoring environment).
[…]
Among other things, according to paragraph 2 of Art. 67 of Federal Law No. 7-FZ legal entities and individual entrepreneurs engaged in economic and (or) other activities at facilities I, II and III categories, develop and approve industrial environmental control program(hereinafter referred to as IEC), carry out IEC in accordance with established requirements, document information and store data obtained as a result of IEC implementation.
Note also that with January 1, 2018 the amendments made by Federal Law No. 219-FZ to Federal Law No. 174-FZ of November 23, 1995 “On Environmental Expertise” (hereinafter Federal Law No. 174-FZ), according to which Art. 11 will be installed additional objects of state environmental expertise federal level (new paragraphs 7.5 and 7.6):
Project documentation of capital construction objects related to objects in accordance with the legislation in the field of environmental protection I category, except for the cases when such design documentation is included in the license substantiation materials in accordance with subpara. 4 tbsp. 11 of Federal Law No. 174-FZ;
Justification materials CER, developed in accordance with the legislation in the field of environmental protection, if these materials do not contain information about the presence of a positive conclusion of the state environmental review carried out in relation to the objects specified in subpara. 7.5 Art. 11 of Federal Law No. 174-FZ.
II CATEGORY
The objects of the II category include objects that have a moderate NVOS. This list includes, among other things, objects of economic and other activities related to the areas of application of BAT, with the exception of objects classified as objects of category I.
BY THE WAY
According to the Decree of the Government of the Russian Federation of October 31, 2014 No. 2178-r “On approval of a phased schedule for the creation in 2015-2017 of industry directories of the best available technologies”, the Ministry of Industry and Trade of Russia with the participation of the Ministry of Agriculture of Russia, Rosstandart and Rospotrebnadzor during 2015-2017. will develop 47 reference books on BAT for various industries.
In this regard, it is also worth noting the Decree of the Government of the Russian Federation of December 23, 2014 No. 1458 "On the procedure for determining technology as the best available technology, as well as the development, updating and publication of information and technical reference books on the best available technologies."
In addition, category II includes nuclear industry facilities, main pipelines (gas and oil), large airfields, disposal facilities and warehouses for pesticides and agrochemicals, large inland water ports, seaports, waste storage facilities, oil products, graphitization and gasification facilities, facilities infrastructure railway transport, cattle breeding facilities, sand-lime brick production facilities, facilities with melting equipment minerals etc. Please note that production capacities are not indicated for each industry, on the basis of which objects are assigned to one category or another.
In accordance with the amendments made by Federal Law No. 219-FZ to Federal Law No. 7-FZ, for objects of category II, the new kind reporting - environmental impact statement:
extraction
from Federal Law No. 7-FZ
Article 31.2. Environmental impact statement
(will enter into force on 01.01.2019)
1. Legal entities, individual entrepreneurs engaged in economic and (or) other activities at objects of category II, submit a declaration on the impact on the environment.
[…]
3. The environmental impact statement must contain the following information:
name, legal form and address (location) of a legal entity or last name, first name, patronymic (if any), place of residence of an individual entrepreneur;
code of the object that has a negative impact on the environment;
type of main activity, types and volume of products (goods);
information on the implementation of environmental protection measures;
data on accidents and incidents that resulted in a negative impact on the environment and occurred over the previous seven years;
declared volume or mass of emissions, discharges of pollutants, generated and disposed waste;
information about the program of production environmental control.
[…]
7. The form of the environmental impact declaration and the procedure for filling it out (including in the form of an electronic document signed with an enhanced qualified electronic signature) are approved by the federal executive body authorized by the Government of the Russian Federation.
[…]
extraction
from the Federal Law of 04.05.1999 No. 96-FZ
"On the Protection of Atmospheric Air"
Article 15. General requirements for economic and other activities that have a harmful effect on the atmospheric air
[…]
11. For the implementation of emissions of harmful (polluting) substances into the air at objects of category III, determined in accordance with the legislation in the field of environmental protection, with the exception of emissions of radioactive substances, obtaining a comprehensive environmental permit and filling out an environmental impact declaration are not required. Legal entities and individual entrepreneurs engaged in economic and (or) other activities at these facilities shall submit to the federal executive body authorized by the Government of the Russian Federation or the executive body of the constituent entity of the Russian Federation in a notification procedure reporting on emissions of harmful (polluting) substances into the air.
By the way, the changes provided for by Federal Law No. 219-FZ, do not contain information on the representation by objects of category III reporting on discharges of harmful (polluting) substances.
At objects of the III category, they also develop and approve PEC program, carry out IEC in accordance with the established requirements, document information and store data obtained as a result of IEC (clause 2, article 67 of Federal Law No. 7-FZ).
IV CATEGORY
extraction
from the Project
(original version)
[…]
5. Category IV facilities include facilities connected to centralized water disposal systems and discharging wastewater associated with household activities, where there are no sources of discharges of substances and microorganisms into the environment and stationary sources of emissions of harmful (polluting) substances into the atmospheric air, for which standards for maximum allowable emissions are being developed.
So, in this case, all office enterprises, educational institutions, and the social sphere should have been included in category IV. However, if there was at least one stationary source of emissions, for example, its own source of heat supply (in other words, a domestic gas boiler), a small office enterprise could no longer be attributed to category IV. At the same time, it is not clear which category the specified enterprise would fall into, because in accordance with Decree No. 2674-r, the production of heat energy through fuel combustion belongs to the scope of BAT, which means that the enterprise should be classified as I or II categories.
The revised Draft contains other criteria:
extraction
from the Project
(modified version)
[…]
5. The objects of category IV include:
5.1 Objects that simultaneously meet the following criteria:
a) the mass of harmful (polluting) substances in emissions into the atmospheric air from stationary sources the facility does not exceed 10 tons per year in the absence of emissions of substances of 1 and (or) 2 hazard class, radioactive substances;
b) the absence of discharges of substances and microorganisms into the environment is ensured;
c) wastewater is generated exclusively as a result of the use of water for domestic needs in apartment buildings, residential buildings or public buildings (structures) and is discharged into centralized water disposal systems or transferred to specialized organizations that provide their treatment or transfer for treatment.
5.2 Thermal energy production facilities with a design heat output of less than 2 Gcal/hour with the consumption of gaseous fuel, provided that these facilities comply with the conditions provided for in subparagraphs "b" and "c" of paragraph 5.1 of these Criteria.
Thus, this category includes all office enterprises and objects of social and educational sphere heated by their own low-power gas boilers. The author of the article is sure that this version of the criteria is much more logical and justified from the point of view of the goals of the Project.
extraction
from Federal Law No. 7-FZ
Article 16.1. Persons obliged to pay for negative environmental impact
(will enter into force on 01.01.2016)
1. Payment for negative impact on the environment must be made by legal entities and individual entrepreneurs carrying out in the territory of the Russian Federation, continental shelf Russian Federation and in the exclusive economic zone Russian Federation economic and (or) other activities that have a negative impact on the environment (hereinafter referred to as persons obliged to pay a fee), with the exception of legal entities and individual entrepreneurs carrying out economic and (or) other activities exclusively at objects of category IV.
[…]
Article 65. State environmental supervision
[…]
9. In relation to legal entities and individual entrepreneurs engaged in economic and (or) other activities at objects of category IV, scheduled inspections are not carried out.
REMARKS TO THE PROJECT
During the discussion of the Draft, there were often remarks about the absence in it of a specific list of enterprises belonging to one or another category (at least to I and II as the most dangerous). Opponents of the Project developers also pointed out that the criteria used are rather vague and do not take into account many production indicators. Thus, for example, large oil refineries and mini-plants for the combustion of oil waste fall into one category. Such general formulations give room for various interpretations both on the part of users of natural resources and on the part of representatives of regulatory authorities, which will inevitably lead to corruption. This was the case with the infamous SanPiN 2.2.1 / 2.1.1.1200-03 “Sanitary protection zones and sanitary classification of enterprises, structures and other objects” until, after a number of changes were made, the objects of industries were not as specifically described in it , their production capacity and classification, on the basis of which the object is assigned a hazard class and the appropriate size of the sanitary protection zone is established. Note that this shortcoming in the finalized Project has not been eliminated.
In addition, as we can see, in the criteria for classifying objects to category IV (neither in the original nor in the finalized Project), not a word is said about waste. Thus, an enterprise that does not have its own sources of emissions and discharges, but generates hazardous waste of classes I and II in the course of its activities, will be classified as category IV. On the one hand, the position of the Project developers is understandable, because the most common Class I waste is spent mercury lamps, which are generated in almost every office enterprise. On the other hand, on the basis of Art. 16.1 of Federal Law No. 7-FZ, entities are exempted from paying for NWOS if they generate only municipal solid waste (MSW) (in this case payers will be regional operators for the treatment of MSW, operators for the treatment of MSW, carrying out activities for their placement). Therefore, it would be logical to include education only MSW as one of the criteria for assigning objects to category IV.
With wastewater, too, not everything is ambiguous. What about surface runoff from the territory or from the roof of buildings, which is present at almost all facilities? Should it be considered as a release of pollutants into the environment? If yes, then it turns out that formally enterprises of the IV category do not exist at all.
It should be noted that in the Project one can find many more nuances that raise questions. For example, poultry and pig breeding facilities are included in the list of category I facilities, and cattle breeding facilities are included in the list of category II facilities. Why? In addition, small ruminants are not mentioned at all in the Project.
It is puzzling to classify aerodromes with a main runway (runway) length of 2100 m or more as category II. As a developer of draft standards for maximum allowable emissions, the author does not understand what does the length of the runway have to do with it? After all, the sources of emissions are aircraft, which most often belong not to airfields, but to airlines, while the airfield owns facilities for servicing equipment, storing fuel and lubricants and refueling, and providing services to passengers. And all these legal entities will be assigned to category II? It would be more logical to include aircraft owners in this category, and not depending on the length of the runway, but on the basis of data on passenger traffic or the number of departures / arrivals of aircraft per day.
Immediately striking is the incompleteness of the classification of objects. For some reason, for some industries, the classification is based on the volume of production, while in others it is not. At the same time, the classification was actually made on one basis - the type of economic activity and industry, although, as already noted at the beginning of the article, according to Art. 4.2 of Federal Law No. 7-FZ, when establishing criteria, several factors should be taken into account (including the level of toxicity, carcinogenic and mutagenic properties of pollutants contained in emissions, discharges of pollutants, as well as waste hazard classes).
The assignment to category II of all objects related to the scope of BAT, except for objects of category I, is also controversial, because from paragraph 1 of Art. 4.2 of Federal Law No. 7-FZ it follows that the scope of BAT includes only facilities that have a significant negative environmental impact, i.e. objects of the 1st category.
After a detailed study of the Project, it can be concluded that this document was developed hastily and does not fulfill the large-scale task that was entrusted to it in full. Apparently, the Draft will not be further developed until it is adopted. So, obviously, in the coming years we will have a difficult period of adaptation to new requirements. Let's hope that this legal act will still be brought to mind in the near future after its adoption and it will more or less correspond to environmental realities. Otherwise, we are waiting for a huge avalanche of lawsuits on the issues of classifying enterprises into the required category and no less an avalanche of explanatory letters from authorized bodies, as is always the case in our country after the adoption of urgent and insufficiently elaborated documents.
POINT OF VIEW
A.G. Voronina,
environmental engineer Ecomet-2 LLC
K.G. Geide,
A.M. Shafikova,
Chief Specialist of Ecomet-2 LLC
A.P. Biryukov,
Deputy Director of Econt LLC
Since, in accordance with Federal Law No. 7-FZ of January 10, 2002 “On Environmental Protection” (hereinafter referred to as Federal Law No. 7-FZ), various requirements will be imposed on objects that have a negative impact on the environment (hereinafter referred to as NEOS). Depending on the category, the assignment of enterprises to one category or another will have a significant impact on their activities in terms of applying state regulation measures to them that are proportional to the significance of the NEI. Accordingly, inaccuracies in the establishment of categories of objects can adversely affect the business and investment activity. That's why correct assessment levels of NEOS is of great importance.
Familiarization with the past public hearings and prepared for approval of the draft Decree of the Government of the Russian Federation "On the establishment of criteria on the basis of which the objects that have a negative impact on the environment are classified as objects of categories I, II, III and IV" (hereinafter referred to as the Draft) showed that that the classification by structure proposed in it is in many respects reminiscent of the sanitary classification of enterprises, structures and other objects with all its shortcomings. The Project contains lists of facilities (by type of activity and capacity) that are assigned to categories I and II, and specifies the criteria for classifying objects to categories III and IV. At the same time, if SanPiN 2.2.1 / 2.1.1.1200-03 provides for the possibility of establishing or changing (in cases where the object is not in the classification or has a power other than that accepted in the classification) the size of sanitary protection zones based on the results of calculations and measurements , then Federal Law No. 7-FZ states that the category of an object can be changed when updating the accounting information about the object that provides NVOS. Wording "when updating accounting information about the object" may have several interpretations and requires clarification.
Formation of classification of objects according to the level of NVOS using lists of objects related to different categories, as experience shows (on the example of SanPiN 2.2.1/2.1.1.1200-03, which have been operating in various modifications for more than 10 years and still cause many claims and questions from users of natural resources), not rational, because no lists can fully take into account the features of all objects. For example, a small enterprise for the regeneration of used oils will be classified as a category I facility that produces petroleum products, which is hardly objective. In addition, this approach does not exclude the corruption component in determining the category of an enterprise.
Thus, an additional objective criterion is needed (in SanPiN 2.2.1/2.1.1.1200-03, such a criterion is the results of calculating the levels of chemical and physical impact on atmospheric air and related measurements), which takes into account all types of NIOS and allows us to quantify the level of NIOS and, accordingly, to objectively attribute the object to certain category. In our opinion, such a criterion can be the amount of the VAT fee.
In accordance with paragraph 1 of Art. 16 of Federal Law No. 7-FZ NVOS is paid. The calculation of the fee for the VAT is carried out using the following documents:
The procedure for determining the fee and its maximum size for environmental pollution, waste disposal, other types of harmful effects, approved by Decree of the Government of the Russian Federation of August 28, 1992 No. 632 (as amended on December 26, 2013);
Decree of the Government of the Russian Federation of June 12, 2003 No. 344 “On the standards of payment for emissions of pollutants into the atmospheric air by stationary and mobile sources, discharges of pollutants into surface and groundwater bodies, including through centralized sewerage systems, disposal of production and consumption wastes” (as amended on December 24, 2014; hereinafter - Resolution No. 344);
Decree of the Government of the Russian Federation of November 19, 2014 No. 1219 “On coefficients to the standards of payment for emissions of pollutants into the atmospheric air by stationary and mobile sources, discharges of pollutants into surface and underground water bodies, including through centralized sewerage systems, disposal of production and consumption waste ".
The specified regulatory legal acts regulate the procedure for calculating the fee:
For emissions of pollutants into the atmospheric air;
Discharges of pollutants, other substances and microorganisms into surface and underground water bodies, incl. through centralized water disposal systems;
Placement of production and consumption waste.
The amount of the charge for emissions and discharges is proportional to the sum of the products of the charge standard and the mass of each pollutant in emissions and discharges, and the amount of the waste disposal charge is proportional to the sum of the products of the charge standard and the mass of waste of each hazard class placed at storage and disposal facilities. By definition, the fee standard is a specific (reduced to a unit of mass) economic assessment of the NVOS for emissions and discharges of pollutants and disposal of wastes of different hazard classes. According to some estimates, the fee standards do not fully reflect the costs of environmental remediation, but in general, a correlation between the fee standards and the levels of negative impact can be traced.
For example, according to Decree No. 344, the basic rate of payment for the emission of 1 ton of benzo(a)pyrene is 2,049,801 rubles, and for the emission of 1 ton of nitrogen dioxide - 52 rubles.
Thus, the amount of the fee for the NVOS is essentially a criterion by which it is possible to assess the level of the NVOS, to establish the category of the object in accordance with Art. 4.2 of Federal Law No. 7-FZ and correctly prioritize when determining state regulation measures for various objects (enterprises).
Conclusions and offers:
1. The classification of objects that provide NEOS, presented in the Project, is not fully objective and needs to be clarified. The Draft proposes to take into account an additional criterion - the amount of the tax fee.
2. As an additional criterion, on the basis of which the objects providing NEI are classified as objects of categories I, II, III and IV, it is advisable to accept different levels of payment for NVOS:
The values A, B and C are proposed to be set using the database of the payment administrator of existing enterprises and by calculation - for the designed facilities.
For objects included in the list of hazardous, technically complex and unique objects (see Article 48.1 of the Town Planning Code of the Russian Federation), it may be necessary to provide for a special procedure for categorization, depending on the level of NVOS.
