In accordance with the Constitution of the Russian Federation, everyone has the right to a favorable environment, everyone is obliged to preserve nature and the environment, take care of natural resources, which are the basis for sustainable development, life and activity of the peoples living on the territory of the Russian Federation.
This Federal Law defines the legal framework for the state policy in the field of environmental protection, which ensures a balanced solution of socio-economic problems, the preservation of a favorable environment, biological diversity and natural resources in order to meet the needs of present and future generations, strengthen the rule of law in the field of environmental protection and ensure environmental safety.
This Federal Law regulates relations in the field of interaction between society and nature arising from the implementation of economic and other activities related to the impact on the natural environment as the most important component of the environment, which is the basis of life on Earth, within the territory of the Russian Federation, as well as on the continental shelf and in the exclusive economic zone of the Russian Federation.
Chapter I. General Provisions
Article 1. Basic concepts
The following basic concepts are used in this Federal Law:
environment - a set of components of the natural environment, natural and natural-anthropogenic objects, as well as anthropogenic objects;
components of the natural environment - earth, bowels, soils, surface and underground waters, atmospheric air, flora, fauna and other organisms, as well as the ozone layer of the atmosphere and near-Earth outer space, which together provide favorable conditions for the existence of life on Earth;
natural object - a natural ecological system, natural landscape and their constituent elements that have retained their natural properties;
natural-anthropogenic object - a natural object changed as a result of economic and other activities, and (or) an object created by man, having the properties of a natural object and having a recreational and protective value;
anthropogenic object - an object created by a person to meet his social needs and not possessing the properties of natural objects;
natural ecological system - an objectively existing part of the natural environment, which has spatial and territorial boundaries and in which living (plants, animals and other organisms) and its non-living elements interact as a single functional whole and are interconnected by the exchange of matter and energy;
natural complex - a complex of functionally and naturally interconnected natural objects, united by geographical and other relevant features;
natural landscape - a territory that has not been changed as a result of economic and other activities and is characterized by a combination of certain types of terrain, soils, vegetation, formed in uniform climatic conditions;
environmental protection - the activities of state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local authorities, public and other non-profit associations, legal entities and individuals, aimed at preserving and restoring the natural environment, rational use and reproduction of natural resources, prevention of negative the impact of economic and other activities on the environment and the elimination of its consequences (hereinafter also referred to as environmental protection activities);
environmental quality - the state of the environment, which is characterized by physical, chemical, biological and other indicators and (or) their combination;
favorable environment - the environment, the quality of which ensures the sustainable functioning of natural ecological systems, natural and natural-anthropogenic objects;
negative impact on the environment - the impact of economic and other activities, the consequences of which lead to negative changes in the quality of the environment;
natural resources - components of the natural environment, natural objects and natural-anthropogenic objects that are used or can be used in the implementation of economic and other activities as energy sources, production products and consumer goods and have consumer value;
use of natural resources - exploitation of natural resources, their involvement in economic turnover, including all types of impact on them in the course of economic and other activities;
environmental pollution - the entry into the environment of a substance and (or) energy, the properties, location or amount of which have a negative impact on the environment;
pollutant - a substance or mixture of substances, the amount and (or) concentration of which exceeds the standards established for chemicals, including radioactive, other substances and microorganisms, and have a negative impact on the environment;
standards in the field of environmental protection (hereinafter also - environmental standards) - established standards for the quality of the environment and standards for permissible impact on it, subject to which the sustainable functioning of natural ecological systems is ensured and biological diversity is preserved;
environmental quality standards - standards that are established in accordance with physical, chemical, biological and other indicators for assessing the state of the environment and under which a favorable environment is ensured;
standards for permissible environmental impact - standards that are established in accordance with indicators of the impact of economic and other activities on the environment and under which environmental quality standards are observed;
standards of permissible anthropogenic load on the environment - standards that are established in accordance with the value of the permissible total impact of all sources on the environment and (or) individual components of the natural environment within specific territories and (or) water areas, and subject to which the sustainable functioning of natural environmental systems and biodiversity conservation;
standards for permissible emissions and discharges of chemicals, including radioactive, other substances and microorganisms (hereinafter also referred to as standards for permissible emissions and discharges of substances and microorganisms) - standards that are established for economic and other activities in accordance with the indicators of the mass of chemicals, in including radioactive, other substances and microorganisms that are allowed to enter the environment from stationary, mobile and other sources in the established mode and taking into account technological standards, and subject to which environmental quality standards are ensured;
technological standard - the standard for permissible emissions and discharges of substances and microorganisms, which is established for stationary, mobile and other sources, technological processes, equipment and reflects the permissible mass of emissions and discharges of substances and microorganisms into the environment per unit of output;
standards for maximum permissible concentrations of chemicals, including radioactive, other substances and microorganisms (hereinafter also - standards for maximum permissible concentrations) - standards that are established in accordance with the indicators of the maximum permissible content of chemicals, including radioactive, other substances and microorganisms in environment and non-observance of which can lead to environmental pollution, degradation of natural ecological systems;
standards for permissible physical impacts - standards that are established in accordance with the levels of permissible impact of physical factors on the environment and subject to which environmental quality standards are ensured;
limits on emissions and discharges of pollutants and microorganisms (hereinafter also referred to as limits on emissions and discharges) - restrictions on emissions and discharges of pollutants and microorganisms into the environment, established for the period of environmental protection measures, including the introduction of the best existing technologies, in order to achieve standards in the field of environmental protection;
environmental impact assessment - a type of activity for identifying, analyzing and accounting for direct, indirect and other consequences of the impact on the environment of a planned economic and other activity in order to make a decision on the possibility or impossibility of its implementation;
environmental monitoring (environmental monitoring) - a comprehensive system for observing the state of the environment, assessing and forecasting changes in the state of the environment under the influence of natural and anthropogenic factors;
state environmental monitoring (state environmental monitoring) - environmental monitoring carried out by state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation;
control in the field of environmental protection (environmental control) - a system of measures aimed at preventing, detecting and suppressing violations of legislation in the field of environmental protection, ensuring compliance by subjects of economic and other activities with requirements, including standards and regulations, in the field of environmental protection environment;
requirements in the field of environmental protection (hereinafter also referred to as environmental requirements) - mandatory conditions, restrictions or their combination established for economic and other activities established by laws, other regulatory legal acts, environmental regulations, state standards and other regulatory documents in the field of environmental protection ;
environmental audit - an independent, comprehensive, documented assessment of compliance by the subject of economic and other activities with the requirements, including standards and regulations, in the field of environmental protection, the requirements of international standards and the preparation of recommendations for improving such activities;
the best existing technology - a technology based on the latest achievements of science and technology, aimed at reducing the negative impact on the environment and having a set period of practical application, taking into account economic and social factors;
harm to the environment - a negative change in the environment as a result of its pollution, resulting in the degradation of natural ecological systems and the depletion of natural resources;
environmental risk - the probability of an event occurring that has adverse consequences for the natural environment and is caused by the negative impact of economic and other activities, natural and man-made emergencies;
environmental safety - the state of protection of the natural environment and vital human interests from the possible negative impact of economic and other activities, natural and man-made emergencies, and their consequences.
Article 2. Legislation in the field of environmental protection
1. Legislation in the field of environmental protection is based on the Constitution of the Russian Federation and consists of this Federal Law, other federal laws, as well as other regulatory legal acts of the Russian Federation adopted in accordance with them, laws and other regulatory legal acts of the constituent entities of the Russian Federation.
2. This Federal Law is valid throughout the territory of the Russian Federation.
3. This Federal Law is in force on the continental shelf and in the exclusive economic zone of the Russian Federation in accordance with the norms of international law and federal laws and is aimed at ensuring the preservation of the marine environment.
4. Relations arising in the field of environmental protection as the basis for the life and activities of peoples living on the territory of the Russian Federation, in order to ensure their rights to a favorable environment, are regulated by international treaties of the Russian Federation, this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the subjects of the Russian Federation.
5. Relations arising in the field of protection and rational use of natural resources, their conservation and restoration, are regulated by international treaties of the Russian Federation, land, water, forest legislation, subsoil legislation, wildlife, other legislation in the field of environmental protection and nature management.
6. Relations arising in the field of environmental protection, to the extent necessary to ensure the sanitary and epidemiological welfare of the population, are regulated by legislation on the sanitary and epidemiological welfare of the population and legislation on health protection, otherwise aimed at ensuring a favorable environment for humans legislation.
Article 3. Basic principles of environmental protection
The economic and other activities of state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local governments, legal entities and individuals that have an impact on the environment should be carried out on the basis of the following principles:
observance of the human right to a favorable environment;
ensuring favorable conditions for human life;
scientifically substantiated combination of ecological, economic and social interests of a person, society and the state in order to ensure sustainable development and a favorable environment;
protection, reproduction and rational use of natural resources as necessary conditions for ensuring a favorable environment and environmental safety;
the responsibility of state authorities of the Russian Federation, state authorities of the subjects of the Russian Federation, local governments for ensuring a favorable environment and environmental safety in the respective territories;
payment for nature use and compensation for damage to the environment;
independence of control in the field of environmental protection;
presumption of ecological danger of the planned economic and other activities;
the obligation to assess the impact on the environment when making decisions on the implementation of economic and other activities;
the obligation to conduct a state environmental review of projects and other documentation justifying economic and other activities that may have a negative impact on the environment, create a threat to the life, health and property of citizens;
taking into account the natural and socio-economic characteristics of the territories in the planning and implementation of economic and other activities;
the priority of preserving natural ecological systems, natural landscapes and natural complexes;
the admissibility of the impact of economic and other activities on the natural environment based on the requirements in the field of environmental protection;
ensuring the reduction of the negative impact of economic and other activities on the environment in accordance with the standards in the field of environmental protection, which can be achieved through the use of the best existing technologies, taking into account economic and social factors;
obligatory participation in environmental protection activities of state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation, local governments, public and other non-profit associations, legal entities and individuals;
conservation of biological diversity;
ensuring an integrated and individual approach to the establishment of requirements in the field of environmental protection for economic and other entities that carry out such activities or plan to carry out such activities;
prohibition of economic and other activities, the consequences of which are unpredictable for the environment, as well as the implementation of projects that can lead to the degradation of natural ecological systems, change and (or) destruction of the genetic fund of plants, animals and other organisms, depletion of natural resources and other negative changes environment;
observance of the right of everyone to receive reliable information about the state of the environment, as well as the participation of citizens in decision-making regarding their rights to a favorable environment, in accordance with the law;
liability for violation of legislation in the field of environmental protection;
organization and development of the system of environmental education, education and formation of environmental culture;
participation of citizens, public and other non-profit associations in solving problems of environmental protection;
international cooperation of the Russian Federation in the field of environmental protection.
Article 4. Objects of environmental protection
1. The objects of environmental protection from pollution, depletion, degradation, damage, destruction and other negative impact of economic and other activities are:
land, subsoil, soil;
surface and ground waters;
forests and other vegetation, animals and other organisms and their genetic fund;
atmospheric air, the ozone layer of the atmosphere and near-Earth space.
2. As a matter of priority, natural ecological systems, natural landscapes and natural complexes that have not been subjected to anthropogenic impact are subject to protection.
3. Objects included in the World Cultural Heritage List and the World Natural Heritage List, state natural reserves, including biosphere reserves, state nature reserves, natural monuments, national, natural and dendrological parks, botanical gardens, medical and recreational areas and resorts, other natural complexes, original habitats, places of traditional residence and economic activities of the indigenous peoples of the Russian Federation, objects of special environmental, scientific, historical and cultural, aesthetic, recreational, health and other valuable significance, the continental shelf and the exclusive economic zone Russian Federation, as well as rare or endangered soils, forests and other vegetation, animals and other organisms and their habitats.
Chapter II. Fundamentals of Environmental Management
Article 5
The powers of state authorities of the Russian Federation in the field of relations related to environmental protection include:
ensuring the implementation of the federal policy in the field of environmental development of the Russian Federation;
development and publication of federal laws and other regulatory legal acts in the field of environmental protection and control over their application;
development, approval and implementation of federal programs in the field of environmental development of the Russian Federation;
announcement and establishment of the legal status and regime of ecological disaster zones on the territory of the Russian Federation;
coordination and implementation of environmental protection measures in ecological disaster zones;
establishment of the procedure for the implementation of state monitoring of the environment (state environmental monitoring), the formation of a state system for monitoring the state of the environment and ensuring the functioning of such a system;
establishing the procedure for exercising state control in the field of environmental protection, including at objects of economic and other activities, regardless of the form of ownership, which are under the jurisdiction of the Russian Federation, objects that contribute to transboundary environmental pollution and have a negative impact on the environment within the territories of two and more than subjects of the Russian Federation (federal state environmental control);
establishment of federal executive bodies exercising state administration in the field of environmental protection;
ensuring environmental protection, including the marine environment on the continental shelf and in the exclusive economic zone of the Russian Federation;
establishment of the procedure for handling radioactive waste and hazardous waste, control over ensuring radiation safety;
preparation and distribution of the annual state report on the state and protection of the environment;
establishment of requirements in the field of environmental protection, development and approval of regulations, state standards and other regulatory documents in the field of environmental protection;
establishing the procedure for determining the amount of payment for emissions and discharges of pollutants into the environment, waste disposal and other types of negative impact on the environment;
organizing and conducting state environmental expertise;
interaction with the subjects of the Russian Federation on environmental issues;
establishment of the procedure for restriction, suspension and prohibition of economic and other activities carried out in violation of the legislation in the field of environmental protection, and their implementation;
organization and development of the system of environmental education, the formation of environmental culture;
providing the population with reliable information about the state of the environment;
formation of specially protected natural territories of federal significance, natural objects of world heritage, management of the natural reserve fund, maintenance of the Red Book of the Russian Federation;
maintaining state records of objects that have a negative impact on the environment, and their classification depending on the level and volume of negative impact on the environment;
maintaining state records of specially protected natural areas, including natural complexes and objects, as well as natural resources, taking into account their environmental significance;
economic assessment of the impact of economic and other activities on the environment;
economic assessment of natural and natural-anthropogenic objects;
establishing the procedure for licensing certain types of activities in the field of environmental protection and its implementation;
implementation of international cooperation of the Russian Federation in the field of environmental protection;
exercising other powers provided for by federal laws and other regulatory legal acts of the Russian Federation.
Article 6
The powers of state authorities of the constituent entities of the Russian Federation in the field of relations related to environmental protection include:
determination of the main directions of environmental protection in the territories of the constituent entities of the Russian Federation, taking into account the geographical, natural, socio-economic and other characteristics of the constituent entities of the Russian Federation;
participation in the development of federal policy in the field of environmental development of the Russian Federation and relevant programs;
implementation of the federal policy in the field of environmental development of the Russian Federation in the territories of the constituent entities of the Russian Federation, taking into account their geographical, natural, socio-economic and other features;
development and publication of laws and other regulatory legal acts of the constituent entities of the Russian Federation in the field of environmental protection, taking into account the geographical, natural, socio-economic and other characteristics of the constituent entities of the Russian Federation, control over their implementation;
development and approval of regulations, state standards and other regulatory documents in the field of environmental protection containing relevant requirements, norms and rules not lower than those established at the federal level;
development, approval and implementation of targeted programs in the field of environmental protection of the constituent entities of the Russian Federation;
implementation of environmental and other measures to improve the state of the environment in the zones of ecological disaster in the territories of the constituent entities of the Russian Federation;
organization and implementation, in accordance with the procedure established by the legislation of the Russian Federation, of state monitoring of the environment (state environmental monitoring), the formation and maintenance of the functioning of territorial systems for monitoring the state of the environment in the territories of the constituent entities of the Russian Federation;
state control in the field of environmental protection (state environmental control) over objects of economic and other activities, regardless of the form of ownership, located in the territories of the constituent entities of the Russian Federation, with the exception of objects of economic and other activities subject to federal state environmental control;
economic assessment of the impact on the environment of economic and other activities;
bringing guilty persons to administrative and other types of responsibility;
bringing claims for compensation for damage to the environment caused as a result of violation of legislation in the field of environmental protection;
formation of specially protected natural territories of regional importance, management and control in the field of protection and use of such territories;
organization and development of the system of environmental education and the formation of environmental culture in the territories of the constituent entities of the Russian Federation;
restriction, suspension and (or) prohibition of economic and other activities carried out in violation of the legislation in the field of environmental protection, within the limits of their powers in the territories of the constituent entities of the Russian Federation;
providing the population with reliable information about the state of the environment in the territories of the constituent entities of the Russian Federation;
keeping records of objects and sources of negative impact on the environment in the territories of the constituent entities of the Russian Federation;
maintenance of the Red Book of the subject of the Russian Federation;
implementation of environmental certification;
regulation of other issues in the field of environmental protection within its powers.
Article 7
The powers of local self-government bodies in the field of relations related to environmental protection are determined in accordance with federal laws.
Article 8. Executive authorities exercising state management in the field of environmental protection
1. State management in the field of environmental protection is carried out by federal executive bodies authorized in accordance with the procedure established by the Constitution of the Russian Federation and the Federal Constitutional Law "On the Government of the Russian Federation".
2. State authorities of the constituent entities of the Russian Federation exercising state administration in the field of environmental protection are determined by the constituent entities of the Russian Federation.
Article 9
1. The delimitation of powers in the field of relations related to environmental protection between the state authorities of the Russian Federation and the state authorities of the constituent entities of the Russian Federation is carried out by the Constitution of the Russian Federation and federal laws, as well as agreements on the delimitation of jurisdiction and powers between the state authorities of the Russian Federation and public authorities of the constituent entities of the Russian Federation.
2. Agreements between federal executive authorities and executive authorities of the constituent entities of the Russian Federation on the transfer of the exercise of part of the powers in the field of relations related to environmental protection, including in the field of state environmental expertise of objects subject to mandatory state environmental expertise conducted at the level of subjects of the Russian Federation, are concluded in accordance with the Constitution of the Russian Federation and federal laws.
Article 10. Management in the field of environmental protection carried out by local governments
Management in the field of environmental protection is carried out by local governments in accordance with this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, charters of municipalities and regulatory legal acts of local governments.
Chapter III. Rights and obligations of citizens, public and other non-profit associations in the field of environmental protection
Article 11. Rights and obligations of citizens in the field of environmental protection
1. Every citizen has the right to a favorable environment, to its protection from the negative impact caused by economic and other activities, natural and man-made emergencies, to reliable information about the state of the environment and to compensation for damage to the environment.
2. Citizens have the right:
create public associations, foundations and other non-profit organizations carrying out activities in the field of environmental protection;
send appeals to the state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local governments, other organizations and officials about obtaining timely, complete and reliable information about the state of the environment in their places of residence, measures for its protection;
take part in meetings, rallies, demonstrations, processions and picketing, collection of signatures for petitions, referendums on environmental issues and in other actions that do not contradict the legislation of the Russian Federation;
put forward proposals for conducting a public environmental review and participate in its conduct in the prescribed manner;
apply to the state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local authorities and other organizations with complaints, statements and proposals on issues related to environmental protection, negative impact on the environment, and receive timely and reasonable answers;
3. Citizens are obliged:
preserve nature and the environment;
take care of nature and natural resources;
comply with other legal requirements.
Article 12. Rights and obligations of public and other non-profit associations carrying out activities in the field of environmental protection
1. Public and other non-profit associations carrying out activities in the field of environmental protection have the right to:
develop, promote and implement programs in the field of environmental protection in accordance with the established procedure, protect the rights and legitimate interests of citizens in the field of environmental protection, involve citizens on a voluntary basis in the implementation of activities in the field of environmental protection;
at the expense of own and borrowed funds, carry out and promote activities in the field of environmental protection, reproduction of natural resources, ensuring environmental safety;
render assistance to state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local governments in resolving environmental issues;
organize meetings, rallies, demonstrations, marches and pickets, collect signatures for petitions and take part in these events in accordance with the legislation of the Russian Federation, make proposals for holding referendums on environmental protection issues and discussing projects related to environmental protection;
apply to the state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local governments, other organizations and officials about obtaining timely, complete and reliable information about the state of the environment, about measures to protect it, about the circumstances and facts of economic and other activities that pose a threat to the environment, life, health and property of citizens;
participate in the prescribed manner in the adoption of economic and other decisions, the implementation of which may have a negative impact on the environment, life, health and property of citizens;
apply to state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local governments and other organizations with complaints, applications, claims and proposals on issues related to environmental protection, negative impact on the environment, and receive timely and reasonable answers;
to organize and hold in accordance with the established procedure hearings on the issues of design, placement of facilities, economic and other activities of which may harm the environment, pose a threat to life, health and property of citizens;
organize and conduct, in accordance with the established procedure, a public environmental review;
submit to the state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local governments, the court an appeal to cancel decisions on the design, placement, construction, reconstruction, operation of facilities whose economic and other activities may have a negative impact on the environment, on restriction, suspension and termination of economic and other activities that have a negative impact on the environment;
sue in court for damages to the environment;
exercise other rights provided by law.
2. Public and other non-profit associations, when carrying out activities in the field of environmental protection, are obliged to comply with the requirements in the field of environmental protection.
Article 13. The system of state measures to ensure the rights to a favorable environment
1. Bodies of state power of the Russian Federation, bodies of state power of subjects of the Russian Federation, bodies of local self-government and officials are obliged to assist citizens, public and other non-profit associations in exercising their rights in the field of environmental protection.
2. When placing objects whose economic and other activities may cause harm to the environment, the decision on their placement is made taking into account the opinion of the population or the results of a referendum.
3. Officials who prevent citizens, public and other non-profit associations from carrying out activities in the field of environmental protection, exercising their rights provided for by this Federal Law and other federal laws, other regulatory legal acts of the Russian Federation, shall be held liable in the prescribed manner.
Chapter IV. Economic regulation in the field of environmental protection
Article 14. Methods of economic regulation in the field of environmental protection
Methods of economic regulation in the field of environmental protection include:
development of state forecasts of socio-economic development based on environmental forecasts;
development of federal programs in the field of environmental development of the Russian Federation and target programs in the field of environmental protection of the constituent entities of the Russian Federation;
development and implementation of environmental protection measures in order to prevent environmental damage;
setting fees for negative impact on the environment;
setting limits on emissions and discharges of pollutants and microorganisms, limits on the disposal of production and consumption waste and other types of negative impact on the environment;
conducting an economic assessment of natural objects and natural-anthropogenic objects;
conducting an economic assessment of the impact of economic and other activities on the environment;
provision of tax and other benefits in the implementation of the best existing technologies, non-traditional types of energy, the use of secondary resources and waste processing, as well as in the implementation of other effective measures to protect the environment in accordance with the legislation of the Russian Federation;
support for entrepreneurial, innovative and other activities (including environmental insurance) aimed at protecting the environment;
compensation in accordance with the established procedure for damage to the environment;
other methods of economic regulation to improve and effectively implement environmental protection.
Article 15
1. For the purpose of planning, developing and implementing environmental protection measures, federal programs in the field of environmental development of the Russian Federation and target programs in the field of environmental protection of constituent entities of the Russian Federation are being developed.
The procedure for the development, financing and implementation of federal programs in the field of environmental development of the Russian Federation is established in accordance with the legislation of the Russian Federation.
The procedure for the development, financing and implementation of targeted programs in the field of environmental protection of the constituent entities of the Russian Federation is established in accordance with the legislation of the constituent entities of the Russian Federation.
2. The development of federal programs in the field of environmental development of the Russian Federation and target programs in the field of environmental protection of the constituent entities of the Russian Federation is carried out taking into account the proposals of citizens and public associations.
3. Planning and development of environmental protection measures are carried out taking into account state forecasts of socio-economic development, federal programs in the field of environmental development of the Russian Federation, target programs in the field of environmental protection of the constituent entities of the Russian Federation on the basis of scientific research aimed at solving problems in the field environmental protection.
4. Legal entities and individual entrepreneurs engaged in economic and other activities that have a negative impact on the environment are required to plan, develop and implement environmental protection measures in the manner prescribed by law.
Article 16. Payment for negative impact on the environment
1. The negative impact on the environment is paid.
Forms of payment for negative impact on the environment are determined by federal laws.
2. The types of negative impact on the environment include:
emissions of pollutants and other substances into the atmospheric air;
discharges of pollutants, other substances and microorganisms into surface water bodies, groundwater bodies and catchment areas;
pollution of bowels, soils;
disposal of production and consumption waste;
pollution of the environment by noise, heat, electromagnetic, ionizing and other types of physical influences;
other types of negative impact on the environment.
3. The procedure for calculating and collecting fees for negative environmental impact is established by the legislation of the Russian Federation.
4. The payment of the fee determined by paragraph 1 of this article does not exempt the subjects of economic and other activities from taking measures to protect the environment and compensate for damage to the environment.
Article 17
1. Entrepreneurial activity carried out for the purpose of protecting the environment is supported by the state.
2. State support for entrepreneurial activities carried out for the purpose of environmental protection is carried out through the establishment of tax and other benefits in accordance with the law.
Article 18. Ecological insurance
1. Environmental insurance is carried out in order to protect the property interests of legal entities and individuals in case of environmental risks.
2. Compulsory state environmental insurance may be carried out in the Russian Federation.
3. Environmental insurance in the Russian Federation is carried out in accordance with the legislation of the Russian Federation.
Chapter V. Rationing in the field of environmental protection
Article 19
1. Rationing in the field of environmental protection is carried out for the purpose of state regulation of the impact of economic and other activities on the environment, which guarantees the preservation of a favorable environment and environmental safety.
2. Rationing in the field of environmental protection consists in establishing standards for the quality of the environment, standards for the permissible impact on the environment in the course of economic and other activities, other standards in the field of environmental protection, as well as state standards and other regulatory documents in the field of environmental protection .
3. Norms and normative documents in the field of environmental protection are developed, approved and put into effect on the basis of modern achievements in science and technology, taking into account international rules and standards in the field of environmental protection.
Rationing in the field of environmental protection is carried out in accordance with the procedure established by the Government of the Russian Federation.
Article 20. Requirements for the development of standards in the field of environmental protection
The development of standards in the field of environmental protection includes:
carrying out research work to substantiate standards in the field of environmental protection;
establishing the grounds for the development or revision of standards in the field of environmental protection;
exercising control over the application and observance of standards in the field of environmental protection;
formation and maintenance of a unified information database of standards in the field of environmental protection;
assessment and forecasting of environmental, social, economic consequences of the application of standards in the field of environmental protection.
Article 21. Environmental quality standards
1. Environmental quality standards are established to assess the state of the environment in order to preserve natural ecological systems, the genetic fund of plants, animals and other organisms.
2. The environmental quality standards include:
standards established in accordance with chemical indicators of the state of the environment, including standards for maximum permissible concentrations of chemicals, including radioactive substances;
standards established in accordance with physical indicators of the state of the environment, including indicators of levels of radioactivity and heat;
standards established in accordance with biological indicators of the state of the environment, including species and groups of plants, animals and other organisms used as indicators of environmental quality, as well as standards for maximum permissible concentrations of microorganisms;
other environmental quality standards.
3. When establishing environmental quality standards, the natural features of territories and water areas, the designation of natural objects and natural and anthropogenic objects, specially protected areas, including specially protected natural areas, as well as natural landscapes of special environmental significance, are taken into account.
Article 22
1. In order to prevent the negative impact on the environment of economic and other activities for legal entities and individuals - users of natural resources, the following standards of permissible environmental impact are established:
standards for permissible emissions and discharges of substances and microorganisms;
standards for the generation of production and consumption waste and limits on their disposal;
standards for permissible physical impacts (amount of heat, levels of noise, vibration, ionizing radiation, electromagnetic field strength and other physical impacts);
standards for permissible removal of components of the natural environment;
standards of permissible anthropogenic load on the environment;
standards for other permissible impact on the environment in the course of economic and other activities established by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation for the purpose of environmental protection.
2. Standards for permissible environmental impact must ensure compliance with environmental quality standards, taking into account the natural features of territories and water areas.
3. Subjects of economic and other activities, depending on the harm caused to the environment, shall be liable in accordance with the legislation for exceeding the established standards of permissible environmental impact.
Article 23. Standards for permissible emissions and discharges of substances and microorganisms
1. The standards for permissible emissions and discharges of substances and microorganisms are established for stationary, mobile and other sources of environmental impact by economic and other entities based on the standards for the permissible anthropogenic load on the environment, environmental quality standards, as well as technological standards.
2. Technological standards are established for stationary, mobile and other sources based on the use of the best available technologies, taking into account economic and social factors.
3. If it is impossible to comply with the standards for permissible emissions and discharges of substances and microorganisms, limits on emissions and discharges may be established on the basis of permits that are valid only during the period of environmental protection measures, the introduction of the best existing technologies and (or) the implementation of other environmental projects, taking into account the phased achievement of the established standards for permissible emissions and discharges of substances and microorganisms.
The establishment of limits on emissions and discharges is allowed only if there are plans to reduce emissions and discharges, agreed with the executive authorities exercising state administration in the field of environmental protection.
4. Emissions and discharges of chemicals, including radioactive, other substances and microorganisms into the environment within the established standards of permissible emissions and discharges of substances and microorganisms, limits on emissions and discharges are allowed on the basis of permits issued by executive authorities exercising public administration in the field of environmental protection.
Article 24
Standards for the generation of production and consumption waste and limits for their disposal are established in order to prevent their negative impact on the environment in accordance with the law.
Article 25
The standards for permissible physical impacts on the environment are established for each source of such impact based on the standards for the permissible anthropogenic load on the environment, environmental quality standards and taking into account the influence of other sources of physical impacts.
Article 26
1. Standards for permissible withdrawal of components of the natural environment - standards established in accordance with restrictions on the volume of their withdrawal in order to preserve natural and natural-anthropogenic objects, ensure the sustainable functioning of natural ecological systems and prevent their degradation.
2. The standards for permissible withdrawal of components of the natural environment and the procedure for their establishment are determined by the legislation on subsoil, land, water, forestry legislation, legislation on wildlife and other legislation in the field of environmental protection, nature management and in accordance with the requirements in the field of environmental protection, protection and reproduction of certain types of natural resources established by this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation in the field of environmental protection.
Article 27
1. Standards for the permissible anthropogenic load on the environment are established for subjects of economic and other activities in order to assess and regulate the impact of all stationary, mobile and other sources of environmental impact located within specific territories and (or) water areas.
2. Standards for the permissible anthropogenic load on the environment are established for each type of impact of economic and other activities on the environment and the total impact of all sources located in these territories and (or) water areas.
3. When establishing the standards for the permissible anthropogenic load on the environment, the natural features of specific territories and (or) water areas are taken into account.
Article 28. Other standards in the field of environmental protection
For the purpose of state regulation of the impact of economic and other activities on the environment, assessment of the quality of the environment in accordance with this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, other standards may be established in the field of environmental protection.
Article 29. State standards and other regulatory documents in the field of environmental protection
1. State standards and other regulatory documents in the field of environmental protection establish:
requirements, norms and rules in the field of environmental protection for products, works, services and relevant control methods;
restrictions on economic and other activities in order to prevent its negative impact on the environment;
the procedure for organizing activities in the field of environmental protection and managing such activities.
2. State standards and other regulatory documents in the field of environmental protection are developed taking into account scientific and technological achievements and the requirements of international rules and standards.
3. State standards for new equipment, technologies, materials, substances and other products, technological processes, storage, transportation, use of such products, including after their transfer to the category of production and consumption waste, must take into account the requirements, norms and rules in the field of environmental protection.
Article 30. Licensing of certain types of activities in the field of environmental protection
1. Certain types of activities in the field of environmental protection are subject to licensing.
2. The list of certain types of activities in the field of environmental protection subject to licensing is established by federal laws.
Article 31. Ecological certification
1. Environmental certification is carried out in order to ensure the environmentally safe implementation of economic and other activities on the territory of the Russian Federation.
2. Environmental certification may be mandatory or voluntary.
3. Mandatory environmental certification is carried out in the manner determined by the Government of the Russian Federation.
Chapter VI. Environmental Impact Assessment and Ecological Expertise
Article 32. Conducting an environmental impact assessment
1. An environmental impact assessment is carried out in relation to the planned economic and other activities that may have a direct or indirect impact on the environment, regardless of the organizational and legal forms of ownership of economic and other activities.
2. An environmental impact assessment is carried out when developing all alternative options for pre-project, including pre-investment, and project documentation substantiating the planned economic and other activities, with the participation of public associations.
3. Requirements for environmental impact assessment materials are established by the federal executive authorities exercising state administration in the field of environmental protection.
Article 33. Ecological expertise
1. An environmental review is carried out in order to establish the compliance of the planned economic and other activities with the requirements in the field of environmental protection.
2. The procedure for conducting an environmental review is established by the federal law on environmental review.
Chapter VII. Requirements in the field of environmental protection in the implementation of economic and other activities
Article 34
1. Placement, design, construction, reconstruction, commissioning, operation, conservation and liquidation of buildings, structures, structures and other objects that have a direct or indirect negative impact on the environment are carried out in accordance with the requirements in the field of environmental protection. At the same time, measures should be taken to protect the environment, restore the natural environment, rational use and reproduction of natural resources, and ensure environmental safety.
2. Violation of the requirements in the field of environmental protection entails the suspension of the placement, design, construction, reconstruction, commissioning, operation, conservation and liquidation of buildings, structures, structures and other objects on the instructions of the executive authorities exercising state management in the field of protection environment.
3. Termination in full of placement, design, construction, reconstruction, commissioning, operation, conservation and liquidation of buildings, structures, structures and other objects in case of violation of requirements in the field of environmental protection is carried out on the basis of a court decision and (or) arbitration court .
Article 35. Requirements in the field of environmental protection when placing buildings, structures, structures and other objects
1. When placing buildings, structures, structures and other objects, compliance with the requirements in the field of environmental protection, restoration of the natural environment, rational use and reproduction of natural resources, ensuring environmental safety, taking into account immediate and remote environmental, economic, demographic and other consequences operation of these facilities and observance of the priority of preserving a favorable environment, biological diversity, rational use and reproduction of natural resources.
2. The choice of locations for buildings, structures, structures and other objects is carried out in compliance with the requirements of the law in the presence of a positive conclusion of the state environmental review.
3. In cases where the placement of buildings, structures, structures and other objects affects the legitimate interests of citizens, the decision is made taking into account the results of referendums held in the respective territories.
Article 36. Requirements in the field of environmental protection when designing buildings, structures, structures and other objects
1. When designing buildings, structures, structures and other facilities, the standards for the permissible anthropogenic load on the environment should be taken into account, measures should be taken to prevent and eliminate environmental pollution, as well as methods for disposing production and consumption waste, resource-saving, low-waste, waste-free and other best existing technologies that contribute to environmental protection, restoration of the natural environment, rational use and reproduction of natural resources.
2. It is prohibited to change the cost of design work and approved projects by excluding planned environmental protection measures from such work and projects when designing construction, reconstruction, technical re-equipment, conservation and liquidation of buildings, structures, structures and other objects.
3. Projects for which there are no positive conclusions of the state environmental review are not subject to approval, and it is prohibited to finance their implementation.
Article 37
1. Construction and reconstruction of buildings, structures, structures and other facilities must be carried out according to approved projects that have positive conclusions from the state environmental review, in compliance with the requirements in the field of environmental protection, as well as sanitary and construction requirements, norms and rules.
2. Construction and reconstruction of buildings, structures, structures and other objects is prohibited before the approval of projects and before the allocation of land plots in kind, as well as changing approved projects to the detriment of requirements in the field of environmental protection.
3. During the construction and reconstruction of buildings, structures, structures and other facilities, measures are taken to protect the environment, restore the natural environment, reclaim land, and improve territories in accordance with the legislation of the Russian Federation.
Article 38
1. The commissioning of buildings, structures, structures and other facilities is carried out subject to the full compliance with the requirements in the field of environmental protection provided for by the projects, and in accordance with the acts of the commissions for the acceptance into operation of buildings, structures, structures and other objects, in which include representatives of the federal executive bodies exercising state administration in the field of environmental protection.
2. It is prohibited to put into operation buildings, structures, structures and other facilities that are not equipped with technical means and technologies for the neutralization and safe disposal of production and consumption waste, neutralization of emissions and discharges of pollutants that ensure compliance with established requirements in the field of environmental protection. It is also prohibited to put into operation facilities that are not equipped with environmental pollution control devices, without completing the work provided for by the projects on environmental protection, restoration of the natural environment, land reclamation, and landscaping in accordance with the legislation of the Russian Federation.
3. The heads and members of the commissions for the commissioning of buildings, structures, structures and other objects shall, in accordance with the legislation of the Russian Federation, bear administrative and other responsibility for the acceptance of buildings, structures, structures and other objects that do not comply with the requirements of the legislation in the field of environmental protection .
Article 39
1. Legal entities and individuals operating buildings, structures, structures and other facilities are required to comply with approved technologies and requirements in the field of environmental protection, restoration of the natural environment, rational use and reproduction of natural resources.
2. Legal entities and individuals operating buildings, structures, structures and other facilities ensure compliance with environmental quality standards through the use of technical means and technologies for the neutralization and safe disposal of production and consumption waste, neutralization of emissions and discharges of pollutants, as well as other the best existing technologies that ensure compliance with the requirements in the field of environmental protection, carry out activities to restore the natural environment, recultivate land, and improve territories in accordance with the law.
3. Decommissioning of buildings, structures, structures and other facilities is carried out in accordance with the legislation in the field of environmental protection and in the presence of duly approved project documentation.
4. When decommissioning buildings, structures, structures and other facilities, measures must be developed and implemented to restore the natural environment, including the reproduction of components of the natural environment, in order to ensure a favorable environment.
5. Re-profiling the functions of buildings, structures, structures and other objects is carried out in agreement with the executive authorities exercising state administration in the field of environmental protection.
Article 40
1. Location, design, construction and operation of energy facilities are carried out in accordance with the requirements of Articles 34 - 39 of this Federal Law.
2. During the design and construction of thermal power plants, provision should be made for equipping them with highly efficient means for cleaning emissions and discharges of pollutants, using environmentally friendly fuels and safe disposal of production waste.
3. When locating, designing, building, reconstructing, commissioning and operating hydroelectric power plants, the real needs for electrical energy of the respective regions, as well as the features of the terrain, must be taken into account.
When placing these objects, measures should be taken to preserve water bodies, catchment areas, aquatic biological resources, lands, soils, forests and other vegetation, biological diversity, ensure the sustainable functioning of natural ecological systems, preserve natural landscapes, specially protected natural areas and natural monuments, as well as take measures for the timely disposal of wood and fertile soil layer during clearing and flooding of the bed of reservoirs and other necessary measures to prevent negative changes in the natural environment, preserve the water regime, providing the most favorable conditions for the reproduction of aquatic biological resources.
4. When placing, designing, building, commissioning and operating nuclear installations, including nuclear power plants, environmental protection from the radiation effects of such installations must be ensured, the established procedure and standards for the implementation of the technological process, the requirements of federal executive authorities authorized carry out state supervision and control in the field of ensuring radiation safety, and state regulation of safety in the use of atomic energy should be carried out, measures should be taken to ensure complete radiation safety of the environment and the population in accordance with the legislation of the Russian Federation and generally accepted principles and norms of international law, training and maintaining the qualifications of workers at nuclear installations.
5. Placement of nuclear installations, including nuclear power plants, is carried out if the projects and other supporting materials have positive conclusions from the state environmental review and other state reviews provided for by the legislation of the Russian Federation and confirming the environmental and radiation safety of nuclear installations.
6. Projects for the siting of nuclear installations, including nuclear power plants, must contain solutions that ensure their safe decommissioning.
Article 41
1. Requirements in the field of environmental protection for the placement, design, construction, reconstruction, commissioning, operation and decommissioning of buildings, structures, structures and other facilities, fully apply to military and defense facilities, weapons and military equipment, with the exception of emergency situations that prevent compliance with environmental protection requirements.
2. The list of emergencies that impede compliance with the requirements in the field of environmental protection in the siting, design, construction, reconstruction, commissioning, operation and decommissioning of military and defense facilities, weapons and military equipment is determined by the legislation of the Russian Federation.
Article 42. Requirements in the field of environmental protection during the operation of agricultural facilities
1. During the operation of agricultural facilities, requirements in the field of environmental protection must be observed, measures must be taken to protect lands, soils, water bodies, plants, animals and other organisms from the negative impact of economic and other activities on the environment.
2. Agricultural organizations engaged in the production, procurement and processing of agricultural products, other agricultural organizations in the course of their activities must comply with the requirements in the field of environmental protection.
3. Agricultural facilities must have the necessary sanitary protection zones and treatment facilities that exclude contamination of soils, surface and underground waters, catchment areas and atmospheric air.
Article 43
When carrying out land reclamation, placement, design, construction, reconstruction, commissioning and operation of reclamation systems and separately located hydraulic structures, measures should be taken to ensure the water balance and economical use of water, protect land, soil, forests and other vegetation, animals and other organisms, as well as the prevention of other negative impacts on the environment during the implementation of land reclamation measures. Land reclamation should not lead to environmental degradation, disrupt the sustainable functioning of natural ecological systems.
Article 44
1. When placing, designing, building, reconstructing urban and rural settlements, the requirements in the field of environmental protection must be observed, ensuring a favorable state of the environment for human life, as well as for the habitat of plants, animals and other organisms, and the sustainable functioning of natural ecological systems.
Buildings, structures, structures and other objects must be located taking into account the requirements in the field of environmental protection, sanitary and hygienic standards and urban planning requirements.
2. When planning and building urban and rural settlements, requirements in the field of environmental protection must be observed, measures must be taken for sanitary cleaning, neutralization and safe disposal of production and consumption waste, compliance with the standards for permissible emissions and discharges of substances and microorganisms, as well as for the restoration of the natural environment , land reclamation, landscaping and other measures to ensure environmental protection and environmental safety in accordance with the law.
3. In order to protect the environment of urban and rural settlements, protective and security zones are created, including sanitary protection zones, green areas, green zones, including forest park zones and other protective and security zones with a limited regime withdrawn from intensive economic use. nature management.
Article 45
1. The production of motor vehicles and other vehicles must be carried out in accordance with the requirements in the field of environmental protection.
2. Legal entities and individuals operating automobile and other vehicles that have a negative impact on the environment are required to comply with the standards for permissible emissions and discharges of substances and microorganisms, as well as take measures to neutralize pollutants, including their neutralization, and reduce noise levels. and other negative impact on the environment.
3. Relations in the field of production and operation of automobile and other vehicles are regulated by law.
Article 46
1. Location, design, construction, reconstruction, commissioning and operation of oil and gas production facilities, facilities for processing, transportation, storage and sale of oil, gas and products of their processing must be carried out in accordance with the requirements established by the legislation in the field of environmental protection.
2. When locating, designing, building, reconstructing, commissioning and operating oil and gas production facilities, facilities for processing, transporting, storing and selling oil, gas and products of their processing, effective measures should be provided for the treatment and neutralization of production waste and collection of oil (associated ) gas and mineralized water, reclamation of disturbed and polluted lands, reduction of the negative impact on the environment, as well as compensation for environmental damage caused during the construction and operation of these facilities.
3. Construction and operation of oil and gas production facilities, facilities for processing, transportation, storage and sale of oil, gas and products of their processing are allowed if there are projects for the restoration of contaminated land in zones of temporary and (or) permanent land acquisition, positive conclusions of the state environmental review and other established legislation of state expertise, financial guarantees for the implementation of such projects.
4. Construction and operation of oil and gas production facilities, oil and gas processing, transportation and storage facilities located in the water areas of water bodies, on the continental shelf and in the exclusive economic zone of the Russian Federation, are allowed if there are positive conclusions of the state environmental expertise and other state expertise established by law after the restoration of contaminated lands.
Article 47
1. The production and circulation of potentially hazardous chemicals, including radioactive, other substances and microorganisms, shall be allowed on the territory of the Russian Federation after the necessary toxicological and hygienic and toxicological studies of these substances have been carried out, the procedure for handling them, environmental standards and state registration of these substances in in accordance with the legislation of the Russian Federation.
2. Neutralization of potentially hazardous chemical and biological substances is carried out in the presence of duly agreed design and technological documentation in accordance with the law.
Article 48. Requirements in the field of environmental protection when using radioactive substances and nuclear materials
1. Legal entities and individuals are obliged to comply with the rules for the production, storage, transportation, use, disposal of radioactive substances (sources of ionizing radiation) and nuclear materials, not to exceed the established maximum allowable standards for ionizing radiation, and in case of their excess, immediately inform the executive authorities in in the field of ensuring radiation safety about elevated levels of radiation dangerous to the environment and human health, take measures to eliminate sources of radiation pollution.
2. Legal entities and individuals who do not ensure compliance with the rules for handling radioactive substances and nuclear materials, as well as radioactive waste, are liable in accordance with the legislation of the Russian Federation.
3. Import into the Russian Federation of radioactive waste and nuclear materials from foreign states for the purpose of their storage or disposal, as well as flooding, sending radioactive waste and nuclear materials for disposal into outer space are prohibited, except as otherwise established by this Federal Law.
4. Import into the Russian Federation from foreign countries of irradiated fuel assemblies of nuclear reactors for temporary technological storage and (or) their processing is permitted if the state environmental review and other state reviews of the relevant project, provided for by the legislation of the Russian Federation, have been carried out, and the overall risk reduction has been substantiated. radiation impact and an increase in the level of environmental safety as a result of the implementation of the relevant project.
Irradiated fuel assemblies of nuclear reactors are imported into the Russian Federation on the basis of international treaties of the Russian Federation.
The procedure for the import into the Russian Federation of irradiated fuel assemblies of nuclear reactors is established by the Government of the Russian Federation on the basis of the basic principles of ensuring the nonproliferation of nuclear weapons, environmental protection and economic interests of the Russian Federation, taking into account the priority of the right to return the radioactive waste generated after processing to the state of origin of nuclear materials or to ensure their return.
Article 49. Requirements in the field of environmental protection when using chemicals in agriculture and forestry
1. Legal entities and individuals are obliged to comply with the rules for the production, storage, transportation and use of chemicals used in agriculture and forestry, requirements in the field of environmental protection, as well as take measures to prevent the negative impact of economic and other activities and eliminate harmful consequences to ensure the quality of the environment, the sustainable functioning of natural ecological systems and the conservation of natural landscapes in accordance with the legislation of the Russian Federation.
Article 50. Protection of the environment from negative biological impact
1. It is prohibited to produce, breed and use plants, animals and other organisms that are not characteristic of natural ecological systems, as well as those created artificially, without the development of effective measures to prevent their uncontrolled reproduction, a positive conclusion of the state ecological expertise, permission of the federal executive authorities that carry out state administration in the field of environmental protection, other federal executive bodies in accordance with their competence and the legislation of the Russian Federation.
2. When placing, designing, building, reconstructing, commissioning, operating and decommissioning hazardous production facilities, applying technologies associated with the negative impact of microorganisms on the environment, the requirements in the field of environmental protection, environmental standards, including including standards for maximum permissible concentrations of microorganisms, state standards and other regulatory documents in the field of environmental protection.
3. Legal entities and individuals engaged in activities related to the possibility of a negative impact of microorganisms on the environment are obliged to ensure environmentally safe production, transportation, use, storage, placement and neutralization of microorganisms, develop and implement measures to prevent accidents and disasters, prevent and eliminate consequences of the negative impact of microorganisms on the environment.
Article 51. Requirements in the field of environmental protection when handling production and consumption waste
1. Production and consumption waste, including radioactive waste, shall be subject to collection, use, neutralization, transportation, storage and disposal, the conditions and methods of which must be safe for the environment and regulated by the legislation of the Russian Federation.
discharge of production and consumption wastes, including radioactive wastes, into surface and underground water bodies, into catchment areas, into the subsoil and onto the soil;
placement of hazardous waste and radioactive waste in areas adjacent to urban and rural settlements, in forest parks, resorts, medical and recreational areas, on animal migration routes, near spawning grounds and in other places where a hazard to the environment may be created, natural ecological systems and human health;
disposal of hazardous waste and radioactive waste in the catchment areas of underground water bodies used as sources of water supply, for balneological purposes, to extract valuable mineral resources;
import of hazardous waste and radioactive waste into the Russian Federation for the purpose of their disposal and neutralization.
3. Relations in the field of handling production and consumption waste, as well as hazardous waste and radioactive waste are regulated by the relevant legislation of the Russian Federation.
Article 52. Requirements in the field of environmental protection when establishing protective and security zones
1. In order to ensure the sustainable functioning of natural ecological systems, protect natural complexes, natural landscapes and specially protected natural areas from pollution and other negative impacts of economic and other activities, protective and protected zones are established.
2. In order to protect the conditions of human life, the habitat of plants, animals and other organisms around industrial zones and objects of economic and other activities that have a negative impact on the environment, protective and security zones are created, including sanitary protection zones, in quarters , microdistricts of urban and rural settlements - territories, green zones, including forest park zones and other zones with a limited nature management regime.
3. The procedure for establishing and creating protective and security zones is regulated by law.
Article 53
During the privatization and nationalization of property, environmental protection measures and compensation for damage to the environment are ensured.
Article 54. Protection of the ozone layer of the atmosphere
The protection of the ozone layer of the atmosphere from environmentally hazardous changes is ensured by regulating the production and use of substances that destroy the ozone layer of the atmosphere, in accordance with international treaties of the Russian Federation, generally recognized principles and norms of international law, as well as the legislation of the Russian Federation.
Article 55. Protection of the environment from negative physical impact
1. Bodies of state power of the Russian Federation, bodies of state power of constituent entities of the Russian Federation, bodies of local self-government, legal entities and individuals, when carrying out economic and other activities, are obliged to take the necessary measures to prevent and eliminate the negative impact of noise, vibration, electric, electromagnetic, magnetic fields and other negative physical impact on the environment in urban and rural settlements, recreation areas, habitats of wild animals and birds, including their breeding, on natural ecological systems and natural landscapes.
2. When planning and developing urban and rural settlements, designing, building, reconstructing and operating production facilities, creating and mastering new equipment, manufacturing and operating vehicles, measures must be developed to ensure compliance with the standards of permissible physical impacts.
Article 56. Measures of influence for violation of environmental requirements
In case of violation of the environmental requirements provided for by this Chapter, activities carried out in violation of these requirements may be limited, suspended or terminated in the manner established by the legislation of the Russian Federation.
Chapter VIII. Zones of ecological disaster, zones of emergency situations
Article 57
1. The procedure for declaring and establishing the regime of zones of ecological disaster is established by the legislation on zones of ecological disaster.
2. Environmental protection in emergency zones is established by the federal law on the protection of the population and territories from natural and man-made emergencies, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation.
Chapter IX. Natural objects under special protection
Article 58. Measures for the protection of natural objects
1. Natural objects of special environmental, scientific, historical, cultural, aesthetic, recreational, health and other value value are under special protection. To protect such natural objects, a special legal regime is established, including the creation of specially protected natural areas.
2. The procedure for the creation and functioning of specially protected natural territories is regulated by the legislation on specially protected natural territories.
3. State natural reserves, including state natural biosphere reserves, state natural reserves, natural monuments, national parks, dendrological parks, natural parks, botanical gardens and other specially protected areas, natural objects that have special environmental, scientific, historical and cultural , aesthetic, recreational, health-improving and other valuable value, form a natural reserve fund.
4. Withdrawal of lands of the natural reserve fund is prohibited, with the exception of cases provided for by federal laws.
5. Lands within the boundaries of the territories on which natural objects of special environmental, scientific, historical, cultural, aesthetic, recreational, health-improving and other valuable significance and are under special protection are located are not subject to privatization.
Article 59. Legal regime for the protection of natural objects
1. The legal regime for the protection of natural objects is established by legislation in the field of environmental protection, legislation on natural and cultural heritage, as well as other legislation.
2. Economic and other activities that have a negative impact on the environment and lead to the degradation and (or) destruction of natural objects that have special environmental, scientific, historical and cultural, aesthetic, recreational, health and other valuable significance and are under special protection are prohibited. .
Article 60. Protection of rare and endangered plants, animals and other organisms
1. In order to protect and record rare and endangered plants, animals and other organisms, the Red Book of the Russian Federation and the Red Books of the constituent entities of the Russian Federation are established. Plants, animals and other organisms belonging to the species listed in the Red Books are everywhere subject to withdrawal from economic use. In order to preserve rare and endangered plants, animals and other organisms, their genetic fund must be preserved in low-temperature genetic banks, as well as in an artificially created habitat. Activities leading to a reduction in the number of these plants, animals and other organisms and worsening their habitat are prohibited.
2. The procedure for the protection of rare and endangered plants, animals and other organisms, the procedure for maintaining the Red Book of the Russian Federation, the red books of the subjects of the Russian Federation, as well as the procedure for preserving their genetic fund in low-temperature genetic banks and in an artificially created habitat is determined by legislation in the field of environmental protection.
3. Import into the Russian Federation, export from the Russian Federation and transit transportation through the Russian Federation, as well as circulation of rare and endangered plants, animals and other organisms, their especially valuable species, including plants, animals and other organisms falling under under the effect of international treaties of the Russian Federation, is regulated by the legislation of the Russian Federation, taking into account the generally recognized principles and norms of international law.
Article 61. Protection of the green fund of urban and rural settlements
1. The green fund of urban and rural settlements is a set of green areas, including areas covered with trees and shrubs and areas covered with grassy vegetation, within the boundaries of these settlements.
2. The protection of the green fund of urban and rural settlements provides for a system of measures that ensure the preservation and development of the green fund and are necessary to normalize the ecological situation and create a favorable environment.
In the territories that are part of the green fund, economic and other activities that have a negative impact on these territories and impede the implementation of their functions of ecological, sanitary-hygienic and recreational purposes are prohibited.
3. State regulation in the field of protection of the green fund of urban and rural settlements is carried out in accordance with the law.
Article 62. Protection of rare and endangered soils
1. Rare and endangered soils are subject to protection by the state, and for the purpose of recording and protecting them, the Red Book of Soils of the Russian Federation and the Red Books of Soils of the constituent entities of the Russian Federation are established, the procedure for maintaining which is determined by the legislation on soil protection.
2. The procedure for classifying soils as rare and endangered, as well as the procedure for establishing regimes for the use of land plots, the soils of which are classified as rare and endangered, is determined by legislation.
Chapter X. State Environmental Monitoring (State Environmental Monitoring)
Article 63. Organization of state environmental monitoring (state environmental monitoring)
1. State environmental monitoring (state environmental monitoring) is carried out in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation in order to monitor the state of the environment, including the state of the environment in the areas where sources of anthropogenic impact are located and the impact of these sources on the environment. environment, as well as in order to meet the needs of the state, legal entities and individuals in reliable information necessary to prevent and (or) reduce the adverse effects of changes in the state of the environment.
2. The procedure for organizing and implementing state environmental monitoring (state environmental monitoring) is established by the Government of the Russian Federation.
3. Information about the state of the environment, its change, obtained in the course of state monitoring of the environment (state environmental monitoring), is used by the state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local governments to develop forecasts of socio-economic development and adopt relevant decisions, development of federal programs in the field of environmental development of the Russian Federation, target programs in the field of environmental protection of the constituent entities of the Russian Federation and environmental protection measures.
The procedure for providing information on the state of the environment is regulated by law.
Chapter XI. Control in the field of environmental protection (environmental control)
Article 64. Tasks of control in the field of environmental protection (environmental control)
1. Control in the field of environmental protection (environmental control) is carried out in order to ensure the implementation of legislation in the field of environmental protection by the state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local governments, legal entities and individuals, compliance with requirements, including including standards and regulations in the field of environmental protection, as well as ensuring environmental safety.
2. State, industrial, municipal and public control in the field of environmental protection is exercised in the Russian Federation.
Article 65. State control in the field of environmental protection (state environmental control)
1. State control in the field of environmental protection (state environmental control) is carried out by federal executive authorities and executive authorities of the constituent entities of the Russian Federation.
State control in the field of environmental protection (state environmental control) is carried out in accordance with the procedure established by the Government of the Russian Federation.
2. The list of facilities subject to federal state environmental control in accordance with this Federal Law and other federal laws is determined by the Government of the Russian Federation.
3. The list of officials of the federal executive body exercising federal state environmental control (federal state inspectors in the field of environmental protection) is established by the Government of the Russian Federation.
4. The list of officials of state authorities of the constituent entities of the Russian Federation exercising state environmental control (state inspectors in the field of environmental protection of the constituent entities of the Russian Federation) is established in accordance with the legislation of the constituent entities of the Russian Federation.
5. It is prohibited to combine the functions of state control in the field of environmental protection (state environmental control) and the functions of economic use of natural resources.
Article 66. Rights, duties and responsibilities of state inspectors in the field of environmental protection
1. State inspectors in the field of environmental protection, in the performance of their official duties, within their powers, have the right in the prescribed manner:
visit organizations, objects of economic and other activities, regardless of the form of ownership, including objects subject to state protection, defense facilities, civil defense facilities, to get acquainted with documents and other materials necessary for the implementation of state environmental control;
check compliance with regulations, state standards and other regulatory documents in the field of environmental protection, the operation of treatment facilities and other neutralizing devices, controls, as well as the implementation of plans and measures for environmental protection;
check compliance with the requirements, norms and rules in the field of environmental protection during the placement, construction, commissioning, operation and decommissioning of production and other facilities;
check the fulfillment of the requirements specified in the conclusion of the state environmental expertise, and make proposals for its implementation;
make demands and issue instructions to legal entities and individuals on the elimination of violations of legislation in the field of environmental protection and violations of environmental requirements identified in the course of state environmental control;
suspend economic and other activities of legal entities and individuals in case of their violation of the legislation in the field of environmental protection;
bring to administrative responsibility persons who have committed violations of legislation in the field of environmental protection;
exercise other powers determined by law.
2. State inspectors in the field of environmental protection are obliged to:
to prevent, detect and suppress violations of legislation in the field of environmental protection;
explain to violators of legislation in the field of environmental protection their rights and obligations;
comply with legal requirements.
3. Decisions of state inspectors in the field of environmental protection may be appealed in accordance with the legislation of the Russian Federation.
4. State inspectors in the field of environmental protection are subject to state protection in accordance with the legislation of the Russian Federation.
Article 67. Production control in the field of environmental protection (industrial environmental control)
1. Production control in the field of environmental protection (industrial environmental control) is carried out in order to ensure the implementation in the process of economic and other activities of measures for environmental protection, rational use and restoration of natural resources, as well as in order to comply with requirements in the field of environmental protection, established by legislation in the field of environmental protection.
2. Subjects of economic and other activities are obliged to provide information on the organization of industrial environmental control to the executive authorities and local governments exercising state and municipal control, respectively, in the manner prescribed by law.
Article 68
1. Municipal control in the field of environmental protection (municipal environmental control) on the territory of a municipal formation is carried out by local self-government bodies or bodies authorized by them.
2. Municipal control in the field of environmental protection (municipal environmental control) on the territory of the municipality is carried out in accordance with the legislation of the Russian Federation and in the manner established by the regulatory legal acts of local governments.
3. Public control in the field of environmental protection (public environmental control) is carried out in order to realize the right of everyone to a favorable environment and prevent violations of legislation in the field of environmental protection.
4. Public control in the field of environmental protection (public environmental control) is carried out by public and other non-profit associations in accordance with their charters, as well as by citizens in accordance with the law.
5. The results of public control in the field of environmental protection (public environmental control), submitted to the state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local governments, are subject to mandatory consideration in the manner prescribed by law.
Article 69. State registration of objects that have a negative impact on the environment
1. State registration of objects that have a negative impact on the environment is carried out for the purpose of state regulation of environmental activities, as well as current and long-term planning of measures to reduce the negative impact of economic and other activities on the environment.
2. State registration of objects that have a negative impact on the environment, as well as the assessment of this impact on the environment, is carried out in the manner prescribed by law.
3. Objects that have a negative impact on the environment and data on their impact on the environment are subject to state statistical accounting.
Chapter XII. Scientific research in the field of environmental protection
Article 70. Scientific research in the field of environmental protection
1. Scientific research in the field of environmental protection is carried out for the purposes of the social, economic and environmentally balanced development of the Russian Federation, the creation of a scientific basis for environmental protection, the development of scientifically based measures to improve and restore the environment, ensure the sustainable functioning of natural ecological systems, rational use and reproduction of natural resources, ensuring environmental safety.
2. Scientific research in the field of environmental protection is carried out in order to:
development of concepts, scientific forecasts and plans for the conservation and restoration of the environment;
assessment of the consequences of the negative impact of economic and other activities on the environment;
improvement of legislation in the field of environmental protection, creation of regulations, state standards and other regulatory documents in the field of environmental protection;
development and improvement of indicators of a comprehensive environmental impact assessment, methods and methods for their determination;
development and creation of the best technologies in the field of environmental protection and rational use of natural resources;
development of programs for the rehabilitation of territories classified as zones of ecological disaster;
development of measures for the conservation and development of the natural potential and recreational potential of the Russian Federation;
other purposes in the field of environmental protection.
3. Scientific research in the field of environmental protection is carried out by scientific organizations in accordance with the federal law on science and state scientific and technical policy.
Chapter XIII. Fundamentals of the formation of ecological culture
Article 71. Generality and complexity of environmental education
In order to form an ecological culture and professional training of specialists in the field of environmental protection, a system of general and comprehensive environmental education is being established, including preschool and general education, secondary, vocational and higher professional education, postgraduate professional education, professional retraining and advanced training of specialists, and also dissemination of environmental knowledge, including through the media, museums, libraries, cultural institutions, environmental institutions, sports and tourism organizations.
Article 72. Teaching the basics of environmental knowledge in educational institutions
1. In preschool educational institutions, general educational institutions and educational institutions of additional education, regardless of their profile and organizational and legal forms, the basics of environmental knowledge are taught.
2. In accordance with the profile of educational institutions providing professional training, retraining and advanced training of specialists, the teaching of academic disciplines on environmental protection, environmental safety and rational nature management is provided.
Article 73. Training of heads of organizations and specialists in the field of environmental protection and environmental safety
1. Heads of organizations and specialists responsible for making decisions in the course of economic and other activities that have or may have a negative impact on the environment must be trained in the field of environmental protection and environmental safety.
2. Training of heads of organizations and specialists in the field of environmental protection and environmental safety responsible for making decisions in the course of economic and other activities that have or may have a negative impact on the environment is carried out in accordance with the law.
Article 74. Environmental education
1. In order to form an ecological culture in society, foster a caring attitude towards nature, rational use of natural resources, environmental education is carried out through the dissemination of environmental knowledge about environmental safety, information about the state of the environment and the use of natural resources.
2. Environmental education, including informing the public about legislation in the field of environmental protection and legislation in the field of environmental safety, is carried out by state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local authorities, public associations, the media, and also educational institutions, cultural institutions, museums, libraries, environmental institutions, sports and tourism organizations, other legal entities.
Chapter XIV. Responsibility for violation of environmental legislation and resolution of disputes in the field of environmental protection
Article 75. Types of liability for violation of legislation in the field of environmental protection
For violation of the legislation in the field of environmental protection, property, disciplinary, administrative and criminal liability is established in accordance with the legislation.
Article 76. Settlement of disputes in the field of environmental protection
Disputes in the field of environmental protection are resolved in court in accordance with the law.
Article 77. Obligation to fully compensate for environmental damage
1. Legal entities and individuals who have caused harm to the environment as a result of its pollution, depletion, damage, destruction, irrational use of natural resources, degradation and destruction of natural ecological systems, natural complexes and natural landscapes and other violations of legislation in the field of environmental protection, are obliged reimburse it in full in accordance with the law.
2. Damage to the environment caused by a subject of economic and other activities, including the project of which there is a positive conclusion of the state environmental expertise, including activities for the removal of components of the natural environment, is subject to compensation by the customer and (or) the subject of economic and other activities.
3. Damage to the environment caused by a subject of economic and other activities shall be compensated in accordance with the duly approved rates and methods for calculating the amount of damage to the environment, and in their absence, based on the actual costs of restoring the disturbed state of the environment, taking into account the losses incurred, including lost profits.
Article 78
1. Compensation for damage to the environment caused by violation of the legislation in the field of environmental protection is carried out voluntarily or by decision of a court or an arbitration court.
Determination of the amount of damage to the environment caused by violation of the legislation in the field of environmental protection is carried out on the basis of the actual costs of restoring the disturbed state of the environment, taking into account the losses incurred, including lost profits, as well as in accordance with the projects of reclamation and other restoration works, in their absence, in accordance with the rates and methods for calculating the amount of damage to the environment, approved by the executive authorities exercising state administration in the field of environmental protection.
2. On the basis of a decision of a court or an arbitration court, damage to the environment caused by a violation of legislation in the field of environmental protection may be compensated by imposing on the defendant the obligation to restore the disturbed state of the environment at his expense in accordance with the project of restoration work.
3. Claims for compensation for damage to the environment caused by violation of legislation in the field of environmental protection may be brought within twenty years.
Article 79
1. Damage caused to the health and property of citizens by the negative impact of the environment as a result of economic and other activities of legal entities and individuals shall be subject to compensation in full.
2. Determination of the volume and amount of compensation for harm caused to the health and property of citizens as a result of violation of legislation in the field of environmental protection is carried out in accordance with the law.
Article 80
Claims for restriction, suspension or termination of the activities of legal entities and individuals carried out in violation of the legislation in the field of environmental protection are considered by a court or an arbitration court.
Chapter XV. International cooperation in the field of environmental protection
Article 81. Principles of international cooperation in the field of environmental protection
The Russian Federation carries out international cooperation in the field of environmental protection in accordance with the generally recognized principles and norms of international law and international treaties of the Russian Federation in the field of environmental protection.
Article 82. International treaties of the Russian Federation in the field of environmental protection
1. International treaties of the Russian Federation in the field of environmental protection that do not require the issuance of domestic acts for application shall apply directly to relations arising in the course of carrying out activities in the field of environmental protection. In other cases, along with the international treaty of the Russian Federation in the field of environmental protection, the relevant regulatory legal act adopted to implement the provisions of the international treaty of the Russian Federation is applied.
2. If an international treaty of the Russian Federation in the field of environmental protection establishes rules other than those provided for by this Federal Law, the rules of the international treaty shall apply.
Chapter XVI. Final provisions
Article 83. Entry into force of this Federal Law
This Federal Law shall enter into force on the day of its official publication.
Article 84
1. From the date of entry into force of this Federal Law, to recognize as invalid:
Law of the RSFSR of December 19, 1991 N2060-I "On Environmental Protection" (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, N10, Art. 457), with the exception of Article 84, which becomes invalid simultaneously with the introduction into effect of the Code of the Russian Federation on Administrative Offenses;
Law of the Russian Federation of February 21, 1992 N2397-I "On Amendments to Article 20 of the Law of the RSFSR "On Environmental Protection" (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, N10, Article 459);
article 4 of the Law of the Russian Federation of June 2, 1993 N5076-I "On Amendments and Additions to the Law of the RSFSR "On the Sanitary and Epidemiological Welfare of the Population", the Law of the Russian Federation "On Protection of Consumer Rights", the Law of the Russian Federation "On the Protection of the Environment" "(Vedomosti of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, N29, Art. 1111);
Federal Law No. 93-FZ of July 10, 2001 "On Amending Article 50 of the Law of the RSFSR "On Environmental Protection" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2001, No. 29, Art. 2948).
2. Decree of the Supreme Council of the RSFSR of December 19, 1991 N2061-I "On the Procedure for Enacting the Law of the RSFSR "On the Protection of the Environment" (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, N10, Art. 458) lapses simultaneously with Article 84 of the Law of the RSFSR "On the Protection of the Environment".
3. The President of the Russian Federation and the Government of the Russian Federation shall bring their regulatory legal acts in line with this Federal Law.
The president
Russian Federation
V. Putin
RF LAW "ON ENVIRONMENTAL PROTECTION"
From the time the new Federal Law “On Environmental Protection” was adopted, the previous Law of the RSFSR “On Environmental Protection” became invalid. When the previous legal act regulating this sphere of society's life was adopted in December 1991, it represented the beginning of a new stage in the development of domestic legislation in the field of ecology. This was necessary due to the political, environmental, economic and social development of the country.
The new law, which was adopted on 10.01.2002, has a structure similar to the previous legal act.
We present it below.
Chapter I. General provisions.
Chapter II. Fundamentals of management in the field of environmental protection.
Chapter III. Rights and obligations of citizens, public and other non-profit associations in the field of environmental protection.
Chapter IV. Economic regulation in the field of environmental protection.
Chapter V. Rationing in the field of environmental protection.
Chapter VI. Environmental impact assessment and ecological expertise.
Chapter VII. Requirements in the field of environmental protection in the implementation of economic and other activities.
Chapter VIII. Zones of ecological disaster, zones of emergency situations.
Chapter IX. Natural objects under special protection.
Chapter X. State environmental monitoring (state environmental monitoring).
Chapter XI. Control in the field of environmental protection (environmental control).
Chapter XII. Scientific research in the field of environmental protection.
Chapter XIII. Fundamentals of formation of ecological culture.
Chapter XIV. Responsibility for violation of legislation in the field of environmental protection and resolution of disputes in the field of environmental protection.
Chapter XV. International cooperation in the field of environmental protection.
Chapter XVI. Final provisions.
The preamble of the law under consideration states that this regulatory legal act determines the foundations that characterize the state policy in terms of environmental protection, and these foundations ensure a balanced solution to problems that relate to socio-economic. The foundations enshrined in laws are designed to preserve a favorable environment, biological diversity and natural resources in order to meet the needs of present and future generations, strengthen the rule of law in the area related to environmental protection, and ensure environmental safety. The law regulates relations related to the interaction of society and nature that arise when economic and other activities are carried out that affect the natural environment, which is an important component of the environment and is the basis of life on Earth, within the boundaries defined by the territory of Russia, as well as on the territory of the continental shelf.
Many experts give negative assessments of this regulatory legal act. Despite this, it also has a number of advantages. As such advantages, one can note, in particular, the presence of the legislator's claim for the implementation of a comprehensive (comprehensive) regulation of relations related to environmental protection. In this case, an attempt is being made to develop a broader, in comparison with the Law that was in effect earlier, development of a mechanism related to the regulation of this area. In relation to the previous law, some experts expressed claims that were justified and related to the fact that it did not contain requirements related to the assessment of the impact on the environment of the activity that was planned, environmental certification, and environmental audit. The new law, despite its shortcomings, contains some provisions regarding these instruments. The normative-legal act deals with environmental audit. However, this procedure is discussed only in the article that contains the basic concepts. The law also contains general provisions related to environmental entrepreneurship.
Based on the provisions that the concept of sustainable development contains, great importance is given to the regulation of rationing, which is related to the removal of components of the natural environment. These provisions are contained in article 26 of the law.
The law also establishes a legal criterion that refers to the level of design of an enterprise and other facilities. As such an implementation criterion is the criterion that those technologies that correspond to the best should be implemented.
Based on the conditions that are associated with the development of a market economic system, the requirements that are presented in Article 53 of this law and which relate to the fact that in the course of the nationalization or privatization of property, measures must be taken to protect the environment and compensate for damage to it, are justified. .
When assessing the merits of Article 65, which relates to state environmental control, it is necessary to keep in mind the traditionally problematic practice of organizing state management of nature management and environmental protection, which take place in the Russian Federation.
According to the new law, it is prohibited to combine functions that relate to state control in the field of environmental protection with functions that relate to the economic use of natural resources.
In the process of regulation in Article 75 of the types of liability associated with violation of legislation related to environmental protection, it is customary to single out the following types of liability:
Property liability;
Disciplinary responsibility;
Administrative responsibility;
Criminal liability.
Liability, which was provided by the previous law, is excluded.
In this case, the position of the legislator is quite reasonable. Liability associated with environmental offenses, which will be applied in the organization based on the norms of labor legislation, does not carry environmental content or environmental characteristics.
Nevertheless, despite the advantages of this law described above, it is also criticized by many experts, which is not unfounded.
For example, the law does not reflect approaches to environmental protection, as well as possible concepts related to the state environmental policy of the Russian Federation in the 21st century.
The disadvantage of the law is also the fact that it contains a significant number of provisions that can be called declarative. The law does not regulate procedural relations; it lacks modern means of legal technique.
Many experts also point out the fact that the text of the law contains stylistic errors.
hunting legislation responsibility supervision
In January 2002, a new federal law "On Environmental Protection" came into effect. This law replaced the law of the RSFSR "On the Protection of the Environment", adopted in 1991. During 2004-2008, the law was amended to clarify the powers of the subjects of the Russian Federation and municipalities in the field of environmental protection.
The Law on Environmental Protection consists of 16 chapters:
Chapter I. General provisions.
Chapter II. Fundamentals of management in the field of environmental protection.
Chapter III. Rights and obligations of citizens, public and other non-profit associations in the field of environmental protection.
Chapter IV. Economic regulation in the field of environmental protection.
Chapter V. Rationing in the field of environmental protection.
Chapter VI. Environmental impact assessment and ecological expertise.
Chapter VII. Requirements in the field of environmental protection in the implementation of economic and other activities.
Chapter VIII. Zones of ecological disaster, zones of emergency situations.
Chapter IX. Natural objects under special protection.
Chapter X. State environmental monitoring (state environmental monitoring).
Chapter XI. Control in the field of environmental protection (environmental control).
Chapter XII. Scientific research in the field of environmental protection.
Chapter XIII. Fundamentals of formation of ecological culture.
Chapter XIV. Responsibility for violation of legislation in the field of environmental protection and resolution of disputes in the field of environmental protection.
Chapter XV. International cooperation in the field of environmental protection.
Chapter XVI. Final provisions.
AT chapter 1 The federal law gives definitions of the main concepts, including: in the field of regulation, state environmental monitoring, environmental audit, best existing technology, environmental risk and environmental safety. The main principles of environmental protection are formulated, which allow the impact of economic and other activities on the natural environment, based on compliance with the requirements in the field of environmental protection. At the same time, the reduction of the negative impact of economic and other activities on the environment should be carried out on the basis of the use of the best existing technologies, taking into account economic and social factors. The law establishes the objects of environmental protection from pollution and depletion, degradation, these include:
Lands, bowels, soils;
Surface and ground waters;
Forests and other vegetation, animals and other organisms and their genetic stock;
Atmospheric air, the ozone layer of the atmosphere and near-Earth space.
The powers of state authorities of the Russian Federation, constituent entities of the Russian Federation and local governments in the field of relations related to environmental protection are considered in chapter 2. The delimitation of powers in the sphere of relations related to environmental protection between the state authorities of the Russian Federation and the state authorities of the constituent entities of the Russian Federation should be carried out on the basis of Agreements between federal executive authorities and executive authorities of the constituent entities of the Russian Federation, on the transfer of the exercise of part of their powers on environmental protection issues environment.
The rights and obligations of citizens, public and other non-profit associations in the field of environmental protection are considered in chapter 3 law. Every citizen of the Russian Federation has the right to a favorable environment, to its protection from the negative impact caused by economic and other activities, natural and man-made emergencies, to reliable information about the state of the environment and to compensation for damage to the environment. This chapter also defines the rights and obligations of public and other non-profit associations carrying out activities in the field of environmental protection, and the system of state measures to ensure the rights to a favorable environment.
Methods of economic regulation in the field of environmental protection, considered in chapter 4 include:
Conducting an economic assessment of the impact of economic and other activities on the environment;
Provision of tax and other benefits in the implementation of the best existing technologies, non-traditional types of energy, the use of secondary resources and waste processing, as well as in the implementation of other effective measures to protect the environment in accordance with the legislation of the Russian Federation;
Establishment of payment for negative impact on the environment;
Support for entrepreneurial, innovative and other activities (including environmental insurance) aimed at protecting the environment.
The law abolished the system of environmental funds that had existed since 1991. The fee for the negative impact on the environment (the fee for environmental pollution) has been retained. It is determined that entrepreneurial activity carried out for the purpose of environmental protection is supported by the state through the establishment of tax and other benefits. The mechanism of voluntary environmental insurance, which has been in operation since 1991, has been liquidated.
AT chapter 5 the system of regulation in the field of environmental protection is considered. The law determines that regulation in the field of environmental protection consists in establishing standards for environmental quality, standards for permissible environmental impact, as well as state standards and other documents. Rationing is carried out in the manner established by the Government of the Russian Federation.
The Law refers to the environmental quality standards the standards established in accordance with the chemical, physical and biological indicators of the state of the environment.
In order to prevent the negative impact on the environment of economic and other activities, the following standards of permissible environmental impact are established for legal entities and individuals:
Standards for permissible emissions and discharges of substances and microorganisms;
Standards for the generation of production and consumption waste and limits on their disposal;
Standards for permissible removal of components of the natural environment;
Standards for permissible anthropogenic load on the environment.
As one of the elements of the implementation of environmentally sound economic activities, the Law introduces voluntary and mandatory environmental certification.
The federal law "On Environmental Protection" fundamentally changed chapter 6 dedicated to the state ecological expertise. This chapter, as an independent article of the law, includes an environmental impact assessment, which is carried out in relation to the planned economic and other activities that may have a direct or indirect impact on the environment. An environmental impact assessment is carried out when developing all alternative options for pre-project, including pre-investment, and project documentation substantiating the planned economic and other activities, with the participation of public associations.
Chapter 7 is devoted to the issues of environmental protection in the course of economic and other activities and includes the following articles containing requirements in the field of environmental protection in case of:
placement of buildings, structures, structures and other objects;
design of buildings, structures, structures and other objects;
construction and reconstruction of buildings, structures, structures and other objects;
commissioning of buildings, structures, structures and other facilities;
operation and decommissioning of buildings, structures, structures and other facilities;
operation of agricultural facilities;
during land reclamation, placement, design, construction, reconstruction, commissioning and operation of reclamation systems and separately located hydraulic structures;
placement, design, construction, reconstruction, commissioning and operation of energy facilities;
placement, design, construction, reconstruction of urban and rural settlements;
use of radioactive substances and nuclear materials;
production and operation of automobile and other vehicles;
placement, design, construction, reconstruction, commissioning and operation of oil and gas production facilities, facilities for processing, transportation, storage and sale of oil, gas and products of their processing;
the use of chemicals in agriculture and forestry;
production, handling and disposal of potentially hazardous chemicals, including radioactive and other substances and microorganisms;
waste management of production and consumption;
establishment of protective and security zones;
privatization and nationalization of property;
placement, design, construction, reconstruction, commissioning, operation and decommissioning of military and defense facilities, weapons and military equipment.
Chapter 8 the procedure for declaring and establishing the regime of ecological disaster zones was considered. Environmental protection in emergency zones is established by the federal law on the protection of the population and territories from natural and man-made emergencies and other regulatory legal acts of the Russian Federation.
AT chapter 9 issues of protection of natural objects are considered. For the protection of natural objects that have a special environmental, scientific, historical, cultural, aesthetic, recreational, health and other value value, a special legal regime is established, including the creation of specially protected natural areas. Lands within the boundaries of territories on which natural objects of special environmental, scientific, historical, cultural, aesthetic, recreational, health and other valuable significance and are under special protection are located are not subject to privatization.
AT chapter 10 the issues of organizing state environmental monitoring were considered. It is carried out in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation in order to monitor the state of the environment, including the state of the environment in the areas where sources of anthropogenic impact are located and the impact of these sources on the environment, as well as to meet the needs of the state, legal entities and individuals in reliable information necessary to prevent and (or) reduce the adverse effects of changes in the state of the environment.
Chapter 11 Federal Law "On Environmental Protection" is devoted to environmental control. In the Russian Federation, state, industrial and public control in the field of environmental protection is carried out. State environmental control is carried out by federal executive authorities and executive authorities of the constituent entities of the Russian Federation. At the same time, the list of objects subject to federal state environmental control is determined by the Government of the Russian Federation.
Industrial environmental control is carried out in order to ensure the implementation in the process of economic and other activities of measures for environmental protection, rational use and restoration of natural resources, as well as in order to comply with the requirements in the field of environmental protection established by the legislation in the field of environmental protection. Enterprises are obliged to provide information on the organization of industrial environmental control to the relevant executive authority exercising state environmental control. Public environmental control is carried out by public and other non-profit associations in accordance with their charters, as well as by citizens in accordance with the law.
AT chapter 12 the procedure for conducting scientific research in the field of environmental protection, which is carried out by scientific organizations in accordance with the federal law on science and state scientific and technical policy, is considered.
Chapter 13 dedicated to the formation of ecological culture. In order to form an ecological culture and professional training of specialists in the field of environmental protection, the law establishes a system of general and comprehensive environmental education, including preschool and general education, secondary, vocational and higher professional education, postgraduate professional education, professional retraining and advanced training of specialists, and dissemination of environmental knowledge, including through the media, museums, libraries, cultural institutions, environmental institutions, sports and tourism organizations. The heads of organizations and specialists responsible for making decisions in the course of economic and other activities that have or may have a negative impact on the environment must be trained in the field of environmental protection and environmental safety.
AT chapter 14 establishes liability for violation of legislation in the field of environmental protection and the procedure for resolving disputes in the field of environmental protection. For violation of the legislation in the field of environmental protection, property, disciplinary, administrative and criminal liability is established in accordance with the legislation.
Thus, economic entities are obliged to fully compensate for environmental damage, including projects that have a positive conclusion from the state environmental review. Harm to the environment is compensated in accordance with duly approved rates and methods, and in their absence, based on actual costs, taking into account losses incurred, including lost profits. Claims for compensation for environmental damage caused by violation of environmental laws may be brought within twenty years.
Also, the procedure for restricting, suspending or terminating the activities of legal entities and individuals carried out in violation of the legislation in the field of environmental protection has been changed. If earlier the supervisory authorities could suspend or terminate the activities of economic entities by their instructions, now the requirements for the restriction, suspension or termination of the activities of legal entities and individuals carried out in violation of the legislation in the field of environmental protection must be considered by the court or arbitration court.
AT chapter 15 issues of international cooperation in the field of environmental protection were considered. The Russian Federation carries out international cooperation in the field of environmental protection in accordance with the generally recognized principles and norms of international law and international treaties of the Russian Federation in the field of environmental protection.
The protection of the natural environment, as they recently said the protection of nature, is necessary for every state. The natural environment is those ecosystems in which the citizens of a particular country live, and they
first queue interested in clean air and water, in non-toxic food. The environment has to be protected from pollution by agricultural and industrial enterprises, from domestic wastewater from each large settlement. So environmental protection laws are always laws to restrict human activity in a given area. The environment must also be protected from outside encroachments, so that foreigners do not seize natural resources that historically (by right of residence) belong to a particular people. All this is true, and yet there are many contradictions in all these arguments.
| Introductory chapter What is ecology? |
| Chapter I Environmental Factors and Resources |
| Chapter II Ecology of the individual (autecology) |
| Chapter III Fundamentals of the Doctrine of Population |
| Chapter IV Biocenoses, Ecosystems, Biosphere |
| Chapter V Ecosystems of Urbanized Landscapes |
| Chapter VI Biocenotic patterns of urban evolution |
| Chapter VII Laws of ecology and human activity |
| Chapter VIII Russian Environmental Legislation |
| Appendix |
We already know that a person is not opposed to his environment, he is a part of it. It does not need special protection, because the main components of the cycle of matter are not “maintained” by humans.
and by no means higher organisms, but an immense multitude of the most primitive organisms, the limits of tolerance and adaptability of which are unusually large. So the protection of the environment always comes down to the regulation of the environment-transforming activity of a person, and there is no need to talk about citizens here, they are not able to destroy their own habitat. It is destroyed by public structures, most often not heeding the calls of citizens. Therefore, it cannot be said that the environment was transferred to the possession of some people and is their property. After all, you can squander your wealth! The natural environment destroyed in some local place on the planet is a threat to the entire population of the Earth.
So, a person cannot use the environment as his property, being himself a part of the natural environment. A citizen is not able to sufficiently damage his environment, and society is able to do this without his knowledge and consent. Arbitrary and complete use of the resources of the natural environment is practically impossible. However, each state needs a law on environmental protection. Our state adopted in 1963 the Law of the RSFSR"On the protection of nature"
. With state reforms, by 1985 it was outdated. Instead, the Supreme Council of the Russian Federation adopted on December 19, 1991 the Law of the Russian Federation "On the Protection of the Environment”
. Before that we had no common law
in the field of environmental protection.
The 1991 law was characterized by the following main features:
1. This is a complex, head legislative act of direct action. It performs three tasks: a) preservation of the natural environment; b) prevention of the harmful effects of economic activity on it; c) improvement and improvement of the quality of the environment. The direct effect of the law is expressed in the fact that its norms are valid without additional acts - resolutions, instructions, regulations, etc.
2. The law determines the measure of a reasonable combination of environmental and economic interests, with the priority of protecting human health. That is, maximum permissible norms for the impact of economic activity on the environment are established, the excess of which creates a danger to human health.
3. The law formulates the ecological requirements of a person, as a species, to sources of harmful effects on the natural environment.
4. The central theme of the law is a person, the protection of his life and health from the adverse effects of the external environment. That is, ultimately, it is a law on the protection of man. A person is considered in two aspects: as a subject that influences the environment and is responsible for the consequences of his actions; and also as an object of influence, endowed with rights and guarantees for compensation for the harm caused.
5. The mechanisms for the implementation of the provisions of the Law are indicated. They consist of stimulating the protection of the environment, combined with measures of administrative and legal influence on violators. Measures of such influence are economic mechanisms for protecting the natural environment: environmental expertise, environmental control, powers to limit, suspend, terminate the activities of environmentally harmful objects, administrative, criminal liability, compensation for harm caused by violation of the law, environmental education and education.
According to the text of the Law, nature and itsriches are national heritage of peoples Russia, natural basis of their sustainable socio-economic development and human well-being. This should not be understood as an opportunity for the peoples inhabiting the country to arbitrarily and fully use all the natural resources of their territory, hiding behind the slogans of national interests or acute political moments experienced by society.
The law contained 15 sections divided into 94 articles.
On December 20, 2001, the State Duma adopted the Federal Law " On environmental protection”.
In terms of volume, it has changed little and contains 14 chapters, divided into 84 articles.
To the first chapter The law still included general provisions. It outlines the tasks of the environmental legislation of the Russian Federation, consisting of regulating the relationship between society and nature in order to preserve natural resources and the natural environment in the interests of present and future generations of people.
At the beginning, the basic concepts are given: environment, natural environment, components of the natural environment, natural object, natural-anthropogenic object, anthropogenic object, natural complex. In addition, the quality of the environment is determined: favorable environment, negative impact on the environment. It also defines natural resources, environmental pollution and its quality standards, as well as monitoring, control in the field of protection, environmental audit, as well as environmental damage, environmental risk, and the concept of environmental safety is given. The latter, however, like many other concepts, was apparently defined without the participation of ecologists, so the ecological meaning remains not entirely clear.
It also formulated the basic principles of environmental protection, which should guide any individual and legal entity in the country. Here are some of them:
observance of the human right to a favorable environment;
ensuring favorable conditions for human life;
scientifically based combinations of environmental, economic interests and social interests of a person, society and the state in order to ensure sustainable development and a favorable environment;
responsibility of state authorities of the Russian Federation, constituent entities of the Russian Federation, local governments for ensuring a favorable environment and environmental safety in the respective territories;
payment for nature use and compensation for damage to the environment;
independence of environmental control;
presumption of ecological danger of the planned economic and other activities;
the obligation to assess the impact on the environment when making decisions on the implementation of economic and other activities;
In general, this chapter guarantees human rights to a favorable environment, provision of favorable living conditions, as well as the responsibility of public authorities and the obligation to conduct a state environmental review. The priority of preserving natural ecological systems is also stipulated. The obligation to participate in environmental protection activities of state authorities of the Russian Federation, constituent entities of the Russian Federation, local self-government, public and other non-profit associations of legal entities and individuals is introduced.
The last article of this chapter lists the objects of environmental protection. These are lands, bowels, soils, surface and underground waters, and, in addition, atmospheric air, the ozone layer of the atmosphere
and near-Earth space. Of wildlife, these are forests
and other vegetation, animals and other organisms and their genetic fund.
As a matter of priority, natural ecological systems, natural landscapes and natural complexes that have not been subjected to anthropogenic impact are subject to protection.
Objects included in the World Cultural Heritage List and the World Natural Heritage List are subject to special protection.
as well as state nature reserves, including biosphere reserves, state nature reserves, natural monuments, national natural and dendrological parks, botanical gardens, health-improving areas and resorts, other natural complexes, original habitat, places of traditional residence and economic activity of indigenous peoples peoples of the Russian Federation, objects of special environmental, scientific, historical and cultural, aesthetic, recreational, health and other value, the continental shelf and the exclusive economic zone of the Russian Federation, as well as rare or endangered soils, forests and other vegetation, animals and other organisms and their habitats.
In the second chapter are given fundamentals of management in the field of environmental protection. Here in with tatyah from 5 to 10 regulate the powers of state authorities and local self-government in the field of relations related to protection, the delimitation of these powers.
In the third chapter stipulates the rights and obligations of citizens, public and other non-profit associations in the field of environmental protection. Here, Article 11 again declares the right of citizens to a favorable environment, and enumerates the rights of citizens to create public associations, send appeals to authorities, take part in meetings and rallies, put forward proposals and file complaints, file lawsuits. They are obligated relatively little: to preserve nature, treat it with care and comply with the law.
12 article regulates the participation of organizations in environmental activities, and the latter, 13, article of this chapter stipulates a system of state measures to ensure the rights to a favorable environment.
AT fourth chapter The law, as in the previous one, proposes economic mechanisms for the protection of the natural environment, their tasks, planning and accounting of resources. Limits on nature use, payment for the use of resources, environmental insurance, environmental funds and economic incentives for environmental protection are also determined here. Chapters 14 to 18 deal in detail with the methods of economic regulation, and federal programs in the field of environmental development, and entrepreneurial activities carried out in order to protect the environment.
In the fifth chapter the rationing of the quality of the natural environment is determined. It's no secret that the current natural environment is often so polluted that it adversely affects all living things. First of all, it highlights the requirements for the development of regulations in the field of environmental protection. All standards for maximum allowable doses and levels of contamination, as well as environmental requirements for products are discussed in this section in articles 19 to 31.
sixth chapter consists of only two articles and contains a description of the environmental impact assessment procedure and the procedure for conductingecological expertise. Its goals are defined, the obligatory nature of such an examination is introduced when making any economic decisions. The objects of state environmental expertise, the obligation of public environmental expertise are considered, and both responsibility for failure to comply with the requirements of the expertise and the responsibility of experts are determined.
The most voluminousseventh chapter The law defines environmental requirements for the placement, design, construction, reconstruction, commissioning and operation of enterprises, structures and other facilities. It lists the rules for the storage, use and destruction of chemical, biological, industrial and domestic waste, the protection of the ozone layer of the Earth. This chapter contains articles 32 to 56, at the end of which the possible suspension of activities is stipulated if they are carried out in violation of the requirements specified in this chapter.
AT eighth chapter in just one article the procedure for establishing zones of ecological disaster is described and emergency ecological situations are considered. The signs are determined according to which territories are distinguished as zones of ecological emergency and zones of ecological disaster, and measures are given to eliminate such zones and ways to finance these expensive activities.
Special ninth chapter The law focuses on natural objects that are under special protection. It describes the protection measures and its legal regime, the natural reserve fund of the Russian Federation, state natural reserves, wildlife sanctuaries, national parks and natural monuments. Rare and endangered species of organisms and green areas around cities and towns are also subject to special protection. .
State natural reserve a natural complex is considered to be intended for the conservation or reproduction of some types of natural resources in combination with a limited and coordinated use of other types of natural resources.
National natural parks are called specially protected natural complexes withdrawn from economic use that have ecological, genetic, scientific, environmental, educational, recreational significance, as typical or rare landscapes, habitats for communities of wild plants and animals, places of recreation, tourism, excursions, education of the population .
Monuments of nature individual unique natural objects and natural complexes are considered to be of relic, scientific, historical, environmental and educational significance and in need of special state protection.
Around cities and industrial towns stand outsuburban greens zones , including forest park protective belts, as territories that perform environmental protection (environment-forming, ecological), sanitary and hygienic and recreational functions.
It should be noted that all the provisions on these territories, protected species of organisms and green areas surrounding human settlements are similar to those adopted long ago in almost all enlightened countries, regardless of their economic level.
AT tenth chapter article 63 describes state environmental monitoring. The order of its organization is established by the government of the Russian Federation, the results are also used by the government. The availability of these results for citizens is not specified in the article.
Chapter Eleven The law is devoted to environmental control over the state of the environment. Its tasks and significance are explained, the hierarchy of the control service is introduced - state, industrial, public. Undoubtedly, the rights of state controlling officials turned out to be much greater than those of public controlling organizations. Public control in this chapter, consisting of 6 articles, is assigned only two positions in Article 68.
Instead of a special section devoted to environmental education and education of the country's citizens, two separate chapters appeared.
Chapter Twelve regulates scientific research in the field of environmental protection. Her single article lists only possible targets for which scientific research can be conducted. So this chapter turned out to be significantly truncated in comparison with the previous law. .
The new chapter that appeared in this version of the Law is Chapter 13, is devoted to the basics of the formation of ecological culture. It is represented by four articles, and since they are the only ones in the text of the Law that are related to environmental education and environmental education activities, we will quote the chapter in its entirety.
Article 71. Generality and complexity of environmental education.
In order to form an ecological culture and professional training of specialists in the field of environmental protection, a system of general and comprehensive environmental education is being established, including preschool and general education, secondary vocational and higher professional education, postgraduate professional education, professional retraining and advanced training of specialists, as well as dissemination of environmental knowledge, including through the media, museums, libraries, cultural institutions, environmental institutions, sports and tourism organizations.
Article 72 Teaching the basics of environmental knowledge in educational institutions.
1. In preschool educational institutions, general educational institutions and educational institutions of additional education, regardless of their profile and organizational and legal forms, the basics of environmental knowledge are taught.
2. In accordance with the profile of educational institutions providing professional training and advanced training of specialists, the teaching of academic disciplines on environmental protection, environmental safety and rational nature management is provided.
Article 73 Training of heads of organizations and specialists in the field of environmental protection and environmental safety.
1. Heads of organizations and specialists responsible for making decisions in the course of economic and other activities that have or may have a negative impact on the environment must be trained in the field of environmental protection and environmental safety.
2. Training of heads of organizations and specialists in the field of environmental protection and environmental safety responsible for making decisions in the course of economic and other activities that have or may have a negative impact on the environment is carried out in accordance with the law.
Article 74 . Environmental education.
1. In order to form an ecological culture in society, foster a caring attitude towards nature, rational use of natural resources, environmental education is carried out through the dissemination of environmental knowledge about environmental safety, information about the state of the environment and the use of natural resources.
2. Environmental education, including informing the population about legislation in the field of environmental protection and legislation in the field of environmental safety, is carried out by state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local authorities, public associations, the media, and also educational institutions, cultural institutions, museums, libraries, environmental institutions, sports and tourism organizations, other legal entities.
Thus, unlike the previous law, the new law significantly strengthens the state component and no longer specifies the rights of citizens and their priority in such detail. Despite the fact that the information support of citizens in the field of environmental quality has been left, the role of the Government of the Russian Federation in organizing a system of universal and continuous environmental education and education of all citizens of the country has already been completely excluded. This was to be carried out by specially authorized state bodies of the Russian Federation, providing the population with environmental information and participating in the organization of universal continuous environmental education and upbringing. In republics, autonomous regions and districts, in territories, regions and local self-government bodies, the organization of universal environmental education, upbringing and enlightenment was mandatory prescribed by law, as an essential attribute of environmental protection. Unfortunately, very little of these provisions remained, which made it possible, since the adoption of this new law, to practically curtail the teaching of ecology in educational institutions. We will return to this topic in chapter 13 of the Law.
Chapter Fourteen The law is devoted to liability for environmental offenses. First of all, the types of such responsibility are listed. It provides for disciplinary, and material, and administrative responsibility. There is also an article on criminal liability for environmental crimes. It is stipulated that disputes in the field of environmental protection are resolved in court in accordance with the law.
The obligation to fully compensate for damage to the environment and the procedure for compensation for damage caused by violation of environmental legislation are stipulated. In addition, it also provides for compensation for harm caused to the health and property of citizens as a result of violation of the law, as well as requirements to limit, suspend or even terminate the activities of persons carried out in violation of environmental legislation.
In the fourteenth chapter The law discusses compensation for harm caused by an environmental offense. It is supposed to compensate for such harm in full in the form of adequate material compensation, or in kind, in the form of restoration of the natural environment. Options for compensation for harm caused by a source of increased danger to the health of citizens or their property are considered, methods of claims for the termination of environmentally harmful activities are specified.
Provided in fifteenth chapter Law and international cooperation in the field of environmental protection. It states that the Russian Federation carries out international cooperation in the field of environmental protection in accordance with the generally recognized principles and norms of international law .
Unfortunately, definitions of specially protected territories have been withdrawn from the Law. We quote these definitions from the text of the previous Law. Here they are: " State natural reserves are considered withdrawn forever from economic use and not subject to withdrawal for any other purposes, specially protected by law, natural complexes (land, subsoil, water, flora and fauna) that have environmental, scientific, environmental and educational significance, as standards of the natural environment , typical or rare landscapes, places of conservation of the genetic fund of plants and animals.
There, scientists conducting such developments were provided with state support, and they were members of expert councils, giving opinions on the environmental impact assessment of projects, participated in solving practical problems of rational environmental management, and the formation of an ecological culture of society. And, most importantly, they were personally responsible for the scientific results of their developments.
Environmental offenses were listed in the text of the previous Law, here are some of them:
— non-compliance with standards, norms and other environmental quality standards;
- pollution of the environment and causing damage to human health, flora and fauna, property of citizens and legal entities as a result;
— damage, damage and destruction of natural objects, including natural monuments, depletion and destruction of nature reserves and natural ecological systems;
- violation of the established procedure or rules for obtaining, collecting, harvesting, selling, buying up, acquiring, exchanging, sending, importing and exporting abroad objects of flora and fauna, products from them, as well as botanical, zoological and mineralogical collections;
- exceeding the established standards of maximum permissible levels and concentrations of harmful substances;
— untimely or distorted information, refusal to provide timely, complete and reliable information on the state of the natural environment and the radiation situation.
Unfortunately, they are omitted in the text of the Law, but we recall them from the text of the previous Law. These principles boil down to the following:
— every person has the right to life in the most favorable environmental conditions;
- each state has the right to use the natural environment and natural resources for the purposes of development and meeting the needs of its citizens;
- the ecological well-being of one state cannot be ensured at the expense of other states or without taking into account their interests;
- economic activity carried out on the territory of the state should not cause damage to the natural environment both within and outside its jurisdiction;
- any types of economic and other activities, the environmental consequences of which are unpredictable, are unacceptable;
— control should be established at the global, regional and national levels over the state and changes in the natural environment and natural resources based on internationally recognized criteria and parameters;
— free and unhindered international exchange of scientific and technical information on environmental problems and advanced environmental technologies should be ensured;
- States should provide assistance to each other in emergency environmental situations;
- all disputes related to problems of the natural environment should be resolved only by peaceful means.
These fundamental principles of international cooperation are most often violated under the pretext of national interests or state secrets.
According to the Constitution, every citizen has the right to favorable environmental conditions. At the same time, an obligation arises to preserve nature, to take care of its riches. Natural resources act as the basis for sustainable development and the life of all the peoples of Russia. Legal regulation of the sphere of nature protection is carried out by the relevant Federal Law.
Law "On Environmental Protection": general information
The normative act establishes the principles in accordance with which the protection of nature is carried out. The legal basis of the document ensures a balance in solving socio-economic issues, maintaining favorable environmental conditions, biological diversity and resources to meet the needs of present and future generations, monitoring the implementation of environmental legislation. The normative act regulates the relations that are formed in the process of carrying out economic and other activities related to the impact on nature. 
Principles
The federal law "On Environmental Protection" defines the general requirements for entities conducting economic and other activities that affect nature. The functioning of enterprises and the work of citizens should be carried out in accordance with the following principles:
Objects to be protected
Their list is established by the 7th Federal Law (FZ "On Environmental Protection"). The objects subject to protection from depletion, pollution, damage, degradation, destruction and other negative impact of economic or other activities include:
Special categories
The Law of the Russian Federation "On Environmental Protection" establishes a list of objects subject to priority protection. These include ecosystems, natural complexes and landscapes that have not been subjected to anthropogenic influence. The Law "On Environmental Protection" also defines the category of objects subject to special protection. This list includes:
- state reserves, wildlife sanctuaries;
- botanical gardens;
- natural monuments;
- dendrological and national parks;
- health-improving and resort areas;
- permanent living environment of small indigenous peoples.
In this category, the Law "On Environmental Protection" includes objects included in the World Heritage List, as well as those of special historical, cultural, scientific, recreational, aesthetic or other valuable value, endangered and rare soils, forests and other vegetation, animals and other organisms and their ranges. 
Citizens' rights
The Federal Law "On Environmental Protection" was adopted in pursuance of the Constitutional provisions relating to the sphere of environmental safety. In this regard, the normative act spells out the rights of citizens in this area. In particular, the Law "On Environmental Protection" establishes that every Russian can send appeals to state, regional or local authorities, organizations and officials in order to receive timely complete and reliable data on the state of nature in the territory of their residence. Citizens also have the right to get acquainted with information about environmental safety measures. The law "On Environmental Protection" allows the formation of public associations, other non-profit structures (foundations, etc.) to carry out activities related to the protection of nature. Citizens can participate in demonstrations, marches, rallies, pickets, referendums, collection of signatures for the adoption of petitions on environmental issues, as well as in other actions that do not contradict normative acts. The law "On Environmental Protection" provides for the right of individuals to apply to the courts with claims for compensation for damage to nature.
Responsibilities
According to the law, citizens must:
- Protect natural resources.
- Save the environment.
- Comply with other environmental requirements.
Interaction with government agencies
Citizens have the right to put forward proposals for the implementation of environmental expertise and take part in it in the prescribed manner. Individuals can assist local, state or regional authorities in solving environmental issues. The law "On Environmental Protection" provides for the right of any citizen to apply to the authorized structures with statements, complaints and proposals regarding the protection of nature.
