Legal regulation in the field of ecology. Environmental regulation

Ecology has long gone beyond the boundaries of biological science and has become a complex science that includes all aspects of human life and activity.

A special role in the system of relationships “man - society - nature” is given to law, which should not be confined to the domestic level, but should have comprehensive, planetary regulation. Environmental law will formulate the principles and goals of the further development of humanity in the field of environmental management and environmental protection.

The long-term benefits that can be obtained from nature depend on the conservation of ecological processes and systems. Man must acquire the knowledge necessary to conserve and expand his ability to use natural resources, while preserving species and ecosystems. Human life depends on the continuous functioning of natural ecosystems, which are a constant source of energy and nutrients. Human use of natural ecosystems, as well as land, sea and atmospheric resources, must be regulated in such a way that the balance in the biosphere and in individual ecosystems is not disturbed, and there is no damage to the integrity of ecosystems or the species with which they coexist. A planned activity that poses a danger to nature must be preceded by a deep analysis (expertise), and persons carrying out such activities must prove that the expected benefit from it is significantly greater than the damage that could be caused to nature, and in cases where possible The harmful effects of such activities have not been clearly established and should not be undertaken 1 .

Moving on to the direct analysis of ecosystems, to legal issues associated with their functioning, it is necessary to determine their place.

In Art. 1 of the Environmental Protection Law defines for the first time 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 non-living elements interact as a single functional whole and are interconnected by metabolism and energy.”

Scientists stand out different kinds ecosystems: small associations of organisms (sinusia) with a corresponding biotope (for example, in a forest, a community of a rotting stump), mesoecosystems (meadow, swamp, etc.) and macroecosystems (ocean, continent, etc.). The global ecosystem is the biosphere. Its specificity is determined by its dual nature: on the one hand, it is a living environment, and on the other, it is the result of life activity in which the circulation of substances is maintained.

An ecological system is a multidimensional concept. It applies to both natural ecosystems (forest, river) and artificial ones (indoor swimming pool). Along with the concept of “ecosystem”, other terms are also widely used. Thus, groups of individuals are called populations(from lat. populus - people, population), and the collectively living populations of various living organisms that form historically established specific communities - biocenosis(from Greek bios - life and koinos- general).

A biocenosis is an integral element of a natural landscape - a certain territory with its own specific characteristics, where many different biocenoses are located.

Along with natural ecosystems, there are ecological systems that arise as a result of anthropogenic human impact (transformed, as well as modified, changed in the process of transformative activities of society).

As is known, ecological systems are inextricably linked with factors of inanimate nature (soil, humidity, light, temperature). The foundation of connections between populations in an ecosystem is the nature of the nutrition of individuals and the ways they obtain energy. All organisms, depending on their feeding methods, are divided into two groups. The first group includes those that use inorganic compounds from the environment to synthesize organic substances. These are mainly plants. The second group includes organisms (animals, humans, bacteria, etc.) that feed on ready-made organic substances, synthesized by plants.

In each ecosystem, as a result of the vital activity of organisms, processes of transformation of inanimate nature into living nature and back are carried out, closing in the cycle of substances, which is a necessary condition existence of life on Earth.

To characterize ecosystems and the processes occurring in them, it is necessary to know about species diversity, population density and biomass - the total amount of organic matter, the totality of individuals and the energy contained in them.

Any ecosystem develops and evolves. Having studied the internal organizational processes in ecosystems, defined the ecosystem as a dynamic, developing and evolving structure, and identified the main characteristics of the ecosystem, we naturally come to the conclusion about the ecological systemicity in the organization of any life, about its connection with inanimate nature and the cosmos.

The Earth is a huge and complex ecosystem. The processes occurring in it are related to space. Cosmic factors influence the physiological and neurophysical processes occurring in humans. In 1915, the Russian scientist A.L. Chizhevsky managed to draw definite conclusions about the close relationship of the human body with the environment, and above all with the processes occurring on the Sun.

The patterns of energy-information exchange associated with the triad “man - nature - society” and the connection between human biorhythms and natural energy georhythms are being intensively studied. Of great interest is the study of the relationship “Sun - climate - biosphere”. The climate regime of large regions of the Earth changes not only as a result of “purely terrestrial” processes: the rise and fall of the earth’s crust, changes in the directions of sea currents, volcanic eruptions, etc., but also as a result of processes occurring on the Sun. Scientists' data clearly indicate the existence of an 11-year cycle of solar activity (which corresponds to changes in the climate regime), as well as a longer (century-long) period of 80-90 years.

It is also well known that all meteorological phenomena and processes on the earth’s surface, as well as in the hydrosphere and atmosphere, and psychophysiological ones in humans depend on the phases of the Moon, the movement of the planets, and solar radiation.

Analysis of the ecosystem as a multidimensional and multilateral concept, interconnected with all spheres of human activity, to a greater or lesser extent allows us to determine its essential properties, which are important in terms of legal regulation. There are also many legislative acts that directly or indirectly relate to issues of ecosystem functioning. For example, the federal law dated April 24, 1995 No. 52-FZ “On the Animal World” defines animal world as being integral part natural environment, an integral link in the chain of ecological systems, a necessary component in the process of the cycle of substances and energy of nature, actively influencing the functioning of natural communities, the structure and natural fertility of soils, the formation of vegetation, the biological properties of water and the quality of the environment as a whole.

Summarizing the issue of legal regulation of ecosystems, it should certainly be noted that a separate legal act regulating the general principles of protection and use of ecosystems does not exist, which is due to their diversity, different territorial spheres of existence and the natural features of each of them.

Closedness, independent functioning of the ecological system. We can say that, for example, a drop of water, a sea, a forest or a stump in a forest are ecosystems. Since each of these objects has its own stable system of organisms (ciliates in a drop, fish in the sea, etc.), they are connected to other ecosystems, there are numerous connections within each of these ecosystems.

Any, even indirect, intervention in the ecosystem has an impact on it. This thesis defines not one, but a whole layer environmental problems indirect influence, i.e. such forms of influence that influence the environment independently of our will and desire. For example, international transport connections are expanding, and as their volumes increase, in particular, the introduction of plant and animal species to places where they have never existed before increases. Another example. We are changing the landscape. There was a steppe, it was plowed up and sown with wheat. The structure changed dramatically: instead of many crops growing in the steppe, one began to grow. This immediately affected the lives of the indigenous inhabitants of the steppe. Those who are not associated with cereals are forced to retreat and even end up in the Red Book, i.e. Man destroyed these animals not directly, but through changing the environment of their existence. The presence of such a layer of environmental problems associated with natural human activities requires an understanding of the mechanisms that maintain the integrity and functional stability of ecosystems. Figure it out and take control. And here the question inevitably arises, which all ecologists consider the most important: artificially forming sustainable, necessary for a person, productive ecosystems, i.e. take care of creating the environment ourselves and improve it. The closedness of ecological systems obliges all citizens and organizations to take into account the environmental consequences of their actions, even if they seem to be unrelated to the impact on nature.

The interconnection of ecological systems, which leads to the creation of natural complexes. Thus, lands, forests, waters and other natural objects are connected by atmospheric air, which contributes to the implementation of the functions of natural objects and itself changes in the process of such functioning. Representatives of the fauna saturate it with carbon dioxide, and it comes out of the forests enriched with oxygen.

When using natural objects, an integrated approach is required, which in environmental management practice is called landscape. For example, when allocating land for arable land or carrying out land reclamation, it is necessary to take into account the migration routes of representatives of wild fauna and try to preserve habitats rare species animals, leave individual bushes, swamps, copses untouched, i.e. do not disturb the existing landscape in the area.

The landscape approach to the use of natural objects allows us to ensure a general environmental priority in environmental management, according to which all types of use of natural objects must be subject to the requirements of the ecological well-being of the natural environment.

The concept of landscape was defined by L. S. Berg back in the 1940s. as a kind of natural organism in which the parts determine the whole, and the whole influences the parts, and if we change any part of the landscape, the whole landscape will change 1. Officially, a landscape is defined as a territorial system consisting of interacting natural or anthropogenic components and complexes of lower taxonomic rank.

The landscape approach to the use of natural objects involves constant care of the landscape, including a system of regular measures aimed at maintaining its properties (land reclamation, forest restoration, etc.) in a state in which the functions assigned to it are successfully performed. For example, it has been proven that it is more economically profitable to build a farming system based on the landscape-geographical principle, and not on the principles of economic feasibility, transport accessibility, and the availability of markets. It is reasonable to combine these principles, create infrastructures that meet scientific requirements (specific recommendations possible loads by region, determining the parameters up to which it is possible to intervene in a natural system carefully tuned by evolution).

Such a holistic approach to environmental management is not consistent with natural resource legal regulation, since natural resource branches of law have a narrowly targeted regulatory focus dictated by the characteristics of the regulated objects (for example, the Water Code of the Russian Federation regulates public relations relating to water bodies located within the territory of Russia, i.e. e. the state water fund in isolation from other natural objects, without taking into account their interconnection and interdependence that exists in real nature). Given this situation in legal regulation, the use of some objects, as a rule, causes exorbitant harm to other objects.

Of course, complete preservation of natural resources in the process economic activity can't be. We are talking about the inadmissibility of impoverishing nature in a given area, violating its diversity, since the more diverse an ecological system is, the more stable it is, and vice versa. For example, arable land becomes ecologically unsustainable, as natural forbs are replaced by monoculture (systems, as a rule, are pampered, genetically significantly aligned, have a smaller amplitude of ecological adaptability, and therefore require constant human help), specific types plants (weeds) are destroyed, as are food chains (plant pests). That's why agrocenosis(biogeocenoses, greatly modified by humans), of course, must be combined with biocenosis (natural, untransformed), i.e. Violations of the interconnections of ecological systems should not be allowed.

Bioproductivity contributes to the self-reproduction of the ecosystem, the performance of one or another of its functions, which determines the different legal status of the lands. Thus, lands of high fertility should be primarily allocated for agricultural needs, and unproductive lands - for other purposes. This kind of differentiation of lands depending on the purpose of their use is quite naturally determined by their bioproductive function, economic and environmental aspects.

Self-reproduction of the ecosystem- this is its ability to self-regulation (preservation and increase), self-regeneration, each organism is the embodiment of this. Suffice it to say that in the initial period of development of Russian industry, when there was a slight release of pollutants into the atmosphere, discharge of wastewater into water bodies, etc., the process of self-regulation was carried out until these pollution and discharges in huge quantities led to irreversible changes in ecosystems.

In the context of analyzing these properties of ecosystems, it seems logical to consider the related issue of waste-free ecological systems. In ecosystems from elementary biogeocenosis to the global biosphere, there are biogeochemical exchanges - cycles of substances - relatively closed, but only relatively. The vast ecosystems of land and ocean are the most independent. But exchange between them still occurs due to the removal of solid substances and due to the interchange of gases, moisture, and nutrients, and in the contact zone between land and ocean, border ecosystems such as mangroves develop. For example, many species of fish go from the seas to rivers to spawn, while others, like the eel, move from rivers to the sea to do this. Where is the closedness of the cycles here? But it is precisely with the “cycle of substances in nature” that waste-free ecological systems are associated. They say that in nature everything is recycled. No, not all. With complete utilization, soils would not form and peat would not be deposited. In tropical forests, where the cycle of substances is most perfect, there is practically no soil. And in the chernozem steppes there is an almost two-meter layer, and under it is not just a mineral layer, but a product of former ecosystems. If the biosphere were “waste-free,” then where would all the biogenic sedimentary rocks come from - chalk, limestone, marble, etc.? Coal, oil, shale - all this is also “waste” of past biospheres. The secret of nature is not that it is waste-free, but that the inevitable waste is buried in such a way and in such a form that it does not have a harmful effect on nature at future stages of its development. Unless, of course, a person interferes.

Thus, any ecosystem is characterized by at least three characteristics: isolation, relationship with other ecosystems and with the planetary ecosystem and bioproductivity, i.e. self-reproduction.

These features make it possible to define the concept of an ecological system (acting as an object of legal regulation) as a natural sphere of the environment, which has a closed system of interrelations between its constituent components, giving it stability, interconnected with other sustainable ecosystems and having a certain biological productivity.

In the sphere of production, in which society consumes natural objects, environmental laws apply. Their concentrated expression is interest. However, public interest is selective; it is not ecological systems as a whole that are subject to legal regulation, but only individual elements of these systems:

• a) natural objects (land, subsoil, forests, water, atmospheric air, wild fauna, etc.);
• b) natural complexes, resort areas, landscapes special purpose(reserves, national natural parks, sanctuaries, natural monuments, etc.);
• c) natural properties of natural objects (hydrological regime of water, regime of soil moisture, beneficial properties of the life activity of wild fauna, etc.);
• d) natural processes (fish spawning period, animal migration period, etc.).

• See: World Charter for Nature, adopted on October 28, 1982 at the 37th session of the UN General Assembly // International Public Law: collection. documents: in 2 volumes. T. 2. M., 1996.S. 132-135.
• See: Ecological Dictionary. M., 1993. P. 98.
• See: Berg L. S. Geographical zones of the Soviet Union. M., 1947. P. 6.
• See: GOST 17.8.1.01-86 “Nature conservation. Landscapes. Terms and definitions": approved and put into effect by Decree of the USSR State Standard of December 19, 1986 No. 4182.

Rental block

The concept of environmental law. Legal regulation of environmental protection is carried out using special rules established by the state for the behavior of people in relation to the natural environment, natural objects, natural resources and natural complexes - environmental legal norms. The system of these norms and those arising in the process of their application legal relations forms environmental law- an independent branch of law.

Historically, three types of such relationships, interactions between society and nature, have been formed: a) rational use of natural resources (environmental management); b) protection of the natural environment; c) ensuring the environmental safety of humans and other objects (society, state). They are also called forms of environmental activity, i.e. such activities that a person and human society carry out in relation to natural environment its habitat.

Rational use of natural resources means maintaining such a quality of the natural environment and natural resources, on the one hand, achieving such a national model of production and consumption and such an international economic system, on the other, in which the development of natural resources ensures economic growth and sustainable development of society. "

Under environmental protection environment is understood as preserving its quality in which, firstly, preservation, protection and restoration are possible healthy condition and the integrity of the Earth's ecosystem; secondly, the conservation of biodiversity.

Ensuring environmental safety of humans and other objects (society, state) is to achieve and maintain such a quality of the natural environment that achieves a state of protection of the vital interests of these objects from environmental threats. So, in relation to a person, this is a state of protection of his health from the influence of adverse environmental factors. In relation to society we're talking about on the protection of its material and spiritual values. For example, the destructive impact of polluted atmospheric air on buildings, structures and structures (economic values), on architectural monuments (cultural and historical values) is well known, and the impact of consumer attitudes towards living nature on the spirituality of society (spiritual values). In relation to the state, we can talk about the protection of its constitutional system and sovereignty. In particular, it is obvious that without the availability of sufficient natural resources (primarily fuel and energy), without organizing their reasonable and sustainable use, the sovereignty of the state, its economic and, consequently, political independence can be jeopardized.

Subject of environmental law. Environmental law regulates public environmental relations. They make up subject of environmental law. Social environmental relations are understood in two ways. IN in the narrow sense words are relationships to protect the natural environment. Public environmental relations in the broad sense of the word represent relations not only to protect the natural environment, but also to ensure the environmental safety of humans and other objects, and the use of natural resources.

Objects of public environmental relations are:

a) nature; b) natural environment; c) natural objects; d) natural resources. In legislation and in special legal literature they are understood in a certain way.

Nature is considered as a set of natural conditions of existence of living organisms and their communities, humans and society, which they directly or indirectly influence in the process of their life activity.

Under natural environment understand the habitat created as a result of the impact on nature of human economic activity, which serves as a condition, means and place of life for both humans and other living organisms.

Natural object acts as an integral part (element, component) of nature (natural environment), having a natural origin and located in a system of natural ecological connections with other natural objects. Legislation considers lands (soils), subsoil, water, forests, wildlife, and atmospheric air as natural objects.

Natural resource constitutes a part of a natural object that is consumed, used to meet the economic, social and environmental needs of humans and society, or intended for such use.

Most natural objects are simultaneously considered by law as natural resources of the same name. For example, the animal world is “...an integral element of the natural environment and biological diversity of the Earth, a renewable natural resource...” (preamble to Federal Law No. 52-FZ of April 24, 1995 “On Animal World”). At the same time, natural resources (except for atmospheric air) can be considered as objects of property and civil circulation.

Environmental legal norms(environmental legal norms) are the main instrument for regulating public environmental relations.

Being regulated by legal norms, environmental social relations acquire the character of legal relations. They are called environmental legal (or environmental-legal) relations.

Environmental legal relations are predetermined by the characteristics of objects of environmental law, which are natural objects, natural resources, natural complexes. The specificity of the objects in relation to which social relations arise predetermines the specificity of these relations themselves. The features of these relations are reflected in special purposes, for the achievement of which the parties to the environmental legal relationship are endowed with legal rights and obligations and interact with each other. These goals are established in environmental legislation and differ from the goals of other branches of legislation. The goal determines the nature of the connections (a set of legal rights and obligations) of the participants in the legal relationship and the nature of their interaction with each other.

Objects of environmental legal relations are certain parts of natural objects and natural resources. These are: land plots, subsoil plots (in the form of mining and geological allotments), forest plots, water bodies, wildlife objects, etc.

Objects of environmental legal relations are distinguished from objects of other types of legal relations using a number of criteria. The first one is natural origin. As a general rule, everything that is a product human labor, is not the object of environmental legal relations. The exception is, for example, woody and shrubby vegetation grown for reforestation; juvenile fish released into natural water bodies to restore fish stocks, etc.

Second criterion - location of the object in the system of natural ecological connections. For example, wild animals in a state of natural freedom, standing forest trees, and atmospheric air are objects of environmental legal relations. Domestic and farm animals or animals in semi-free conditions (for example, in a zoo) are objects of civil legal relations, and in terms of sanitary conditions of their maintenance - objects of administrative legal relations. The air in production and other premises (as opposed to atmospheric air) is the object of legal relations in the field of labor protection and safety, etc.

Environmental legislation is a system of legislative and subordinate normative legal acts regulating social relations in the sphere of “society-nature”. According to the Constitution of the Russian Federation, environmental management, environmental protection and ensuring environmental safety, specially protected natural territories, and, accordingly, land, water, forestry legislation, legislation on subsoil, on environmental protection are assigned to the joint jurisdiction of the Russian Federation and the constituent entities of the Federation (Article 72 ). Because of this, environmental legislation is divided into federal legislation and legislation of the constituent entities of the Federation. In accordance with the Constitution, laws and other regulatory legal acts of the constituent entities of the Russian Federation adopted on the subject of joint jurisdiction cannot contradict federal laws.

The Constitution of the Russian Federation establishes a number of provisions that constitute the constitutional basis for the legal regulation of environmental rights and obligations of citizens; relations of ownership of natural resources as the basis for the life and activities of peoples living in the relevant territory; relations on the delimitation of jurisdiction and powers in the field of environmental protection between the Russian Federation and its constituent entities, etc.

system federal legislative acts environmental legislation are:

legislative acts on environmental protection ("environmental")- Federal laws: dated January 10, 2002 No. 7-FZ “On Environmental Protection”; dated February 23, 1995 No. 26-FZ “On natural healing resources, health resorts and resorts”; dated March 14, 1995 No. 33-FZ "On Specially Protected natural areas"; dated November 23, 1995, No. 174-FZ "On Environmental Expertise" (as amended and supplemented); dated May 4, 1999, No. 96-FZ "On the Protection of Atmospheric Air";

natural resource legislation- Land Code of the Russian Federation 2001; Law of the RSFSR of October 11, 1991 “On Payment for Land” (as amended and supplemented), Law of the Russian Federation of February 21, 1992 “On Subsoil” (as amended and supplemented); Federal Law of April 24, 1995 No. 52-FZ “On the Animal World”; Water Code of the Russian Federation (1995); Federal Law of November 30, 1995, No. 187-FZ “On the Continental Shelf of the Russian Federation” (as amended and supplemented); Forest Code of the Russian Federation (1997); Federal laws of May 6, 1998 No. 71-FZ “On payment for the use of water bodies” (as amended and supplemented); dated July 31, 1998 No. 155-FZ "ABOUT internal sea waters, the territorial sea and the adjacent zone of the Russian Federation"; dated December 17, 1998, No. 191-FZ "On the exclusive economic zone of the Russian Federation"; dated January 2, 2000, No. 28-FZ "On the state land cadastre";

legislative acts regulating related relations in the field of economic, managerial and other activities, a number of norms of which simultaneously regulate relations in the sphere of “society-nature”: Fundamentals of legislation of the Russian Federation on the protection of the health of citizens (1993); Civil Code RF; federal laws: dated December 21, 1994 No. 68-FZ “On the protection of the population and territories from natural and man-made emergencies” (1994); dated November 21, 1995 No. 170-FZ "On the use atomic energy"; dated January 9, 1996 No. 3-FZ "On Radiation Safety of the Population"; dated March 30, 1999 No. 52-FZ "On the Sanitary and Epidemiological Welfare of the Population"; Town Planning Code of the Russian Federation (1998), etc.

Correlation of acts of environmental legislation with acts of other branches of legislation is based on the recognition of two facts. The environmental legislation of the Russian Federation consists of special acts, i.e. acts issued to regulate relations in the sphere of "society-nature". At the same time, legal norms regulating these relations may be contained in acts of other branches of legislation - constitutional, civil, administrative, criminal, etc.

Moreover, the specificity of the legal regulation of environmental relations is that in a number of cases the norm regulating environmental relations does not act directly, but through norms regulating specific economic and other activities. Such norms, containing their acts and the totality of the latter, are usually called “greened”.

Current legislation establishes: a) environmental rights of citizens; b) environmental rights of public associations; c) environmental responsibilities of citizens; d) norms defining the environmental responsibilities of the state; e) guarantees and methods of protecting the environmental rights of citizens and other entities.

Environmental rights and responsibilities of citizens. The Constitution of the Russian Federation provides that “everyone has the right to a favorable environment, reliable information about its condition and to compensation for damage caused to his health or property by environmental violations” (Article 42). These rights are usually called environmental rights citizens in the narrow sense of the word.

In addition, federal laws establish:

the right of every citizen to health protection from the adverse effects of the natural environment caused by economic or other activities, accidents, catastrophes, natural disasters (Article 11 of the Federal Law “On Environmental Protection”);

the right of citizens “to radiation safety” (Article 22 of the Federal Law “On Radiation Safety of the Population”);

the right of citizens “to request and receive from the relevant executive authorities, organizations... information on the safety of nuclear installations, radiation sources and storage facilities planned for construction, being designed, constructed, operated and decommissioned, with the exception of information constituting a state secret”; "receive information about the radiation situation in a given region from organizations of the system state control monitoring the radiation situation"; the right of citizens exposed to radiation "to receive an appropriate document on the dose of radiation received" (Article 13 of the Federal Law "On the Use of Atomic Energy");

the right of every citizen “to a favorable living environment” (Article 7 Town Planning Code RF); the right of citizens “to a favorable living environment, the factors of which do not have a harmful effect on humans” (Article 8 of the Federal Law “On the Sanitary and Epidemiological Welfare of the Population”). These rights, together with those listed above, can be considered environmental rights in the broad sense of the word.

The Constitution of the Russian Federation and federal legislative acts also establish: the right to health protection (Part 1, Article 41 of the Constitution; Article 17 of the Fundamentals of Legislation of the Russian Federation on the protection of the health of citizens, 1993); the right to work in conditions that meet safety and hygiene requirements (Part 3 of Article 37 of the Constitution). They can be called adjacent to the environmental rights of citizens.

According to the Federal Law “On Environmental Protection,” citizens have the right to: create public associations and other public formations for the protection of the natural environment, become members of such associations and funds, and contribute their labor savings; participate in meetings, rallies, pickets, processions and demonstrations, petitions, referendums on environmental protection, express your opinion, submit letters, complaints, statements on environmental protection issues, demand their consideration; demand from the relevant authorities the provision of timely, complete and reliable information about the state of the natural environment and measures to protect it, and, according to the Constitution of the Russian Federation, also the right to association; the right to hold meetings, rallies and demonstrations, processions and picketing; the right to seek, receive, produce and disseminate information by anyone in a legal way etc. The listed rights, being independent types of rights of citizens, simultaneously serve as rights-guarantees of the environmental rights of citizens.

IN last years A system of legal norms is being actively formed to regulate relations regarding the participation of citizens (the public) in making environmentally significant decisions. The Constitution and federal laws establish the rights of citizens and public organizations:

participate in the management of state affairs (Part 1, Article 32 of the Constitution);

demand in an administrative or judicial manner the cancellation of decisions on the placement, design, construction, reconstruction, operation of environmentally harmful facilities, restriction, suspension, termination of the activities of enterprises and other facilities providing bad influence on the natural environment and human health (Law “On Environmental Protection”);

participate in the discussion of draft legislative acts and programs in the field of the use of atomic energy, in the discussion of issues on the placement, design, construction, operation and decommissioning of nuclear installations, radiation sources and storage facilities (Article 14 of the Federal Law "On the Use of Atomic Energy") ;

recommend their representatives to participate in the state environmental assessment on issues of location and design of facilities, conduct a public environmental assessment; demand the appointment of a state environmental assessment (Article 13 of the RSFSR Law “On Environmental Protection”);

put forward proposals to conduct a public environmental impact assessment (Article 19 of the Federal Law “On Environmental Impact Assessment”).

Environmental rights of public associations. environmental and other public associations performing environmental functions have the right:

develop, approve and promote their environmental programs, protect environmental rights and interests of the population; develop the ecological culture of the population; involve citizens on a voluntary basis in active environmental activities;

at the expense of its own funds and the voluntary labor participation of the population, carry out work to protect and reproduce natural resources and improve the natural environment; to assist government authorities in every possible way in the fight against violations of environmental legislation; create public funds for environmental protection and spend them on environmental activities;

raise the issue of bringing guilty officials to justice; bring claims in court or arbitration court for compensation for damage to the health and property of citizens caused by environmental violations, etc.

The legislation of the Russian Federation stipulates the following environmental responsibilities of citizens:

preserve nature and the environment, take care of natural resources (Article 58 of the Constitution);

participate in the protection of the natural environment, comply with the requirements of environmental legislation and established standards for the quality of the natural environment, protect and increase natural resources through personal work, constantly improve the level of your knowledge about nature, environmental culture, promote environmental education of the younger generation (Law on Environmental Protection ").

Environmental responsibilities of the state. The legislation of the Russian Federation contains legal norms establishing the range of environmental responsibilities of the state. These include constitutional provisions on encouraging activities that promote human health, environmental and sanitary-epidemiological well-being; on liability for concealment by officials of facts and circumstances that pose a threat to life and health; on the right to compensation by the state for damage caused by illegal actions (or inaction) of state authorities or their officials; provisions of the Federal Law “On Environmental Protection”, establishing state guarantees of environmental rights, etc.

Guarantees and protection of environmental rights. The legislation of the Russian Federation establishes several types guarantees of environmental rights of citizens and other entities: constitutional guarantees; state guarantees under the Law “On Environmental Protection”; rights-guarantees under this Law: regulation, planning, environmental insurance, etc.; guarantees (conditions and opportunities) enshrined in certain legislative and other regulatory legal acts: notifying the public and taking into account comments made when making decisions in the process of granting land use, carrying out public control, public examination and other functions of environmental management.

At the same time, there are a number of norms aimed at to protect the environmental rights of citizens and other entities. Such protection can be carried out by both civil and administrative means. Of these, the greatest practical importance is: establishing in law ways to protect environmental rights in the event of their termination or restriction by the state, including the possibility of suppressing actions that violate environmental rights or create a threat of their violation (both in court and in administrative procedure).

Due to the well-known specificity of the objects of environmental legal relations, the protection of environmental rights has a number of features compared to the protection of other, for example, civil rights. Thus, it is impossible, difficult or limited to use such methods of protection as restoration of the situation that existed before the violation of the right; award to perform duties in kind, etc.

Functions of executive authorities in the field of environmental protection. TO the functions of these bodies include: providing environmental information; environmental impact assessment; environmental assessment; environmental control, environmental regulation; environmental licensing, environmental planning, environmental monitoring; state accounting in the field of environmental protection; environmental certification; environmental audit, environmental certification, environmental licensing. Most specific specifically for the protection of the natural environment dynamically developing first five of the listed functions.

Information support in the field of environmental protection (providing environmental information) is an activity to streamline existing and organize new information flows, to ensure the processing and delivery of primary and analytical environmental information to interested consumers.

Included in environmental information includes information: a) about state of environmental elements, such as air and atmosphere, water, soil, land, landscape and natural features, biological diversity and its components, including genetically modified organisms, and the interactions between these elements; b) o factors, such as substances, energy, noise and radiation, c) o activities and decisions made, including administrative measures, environmental agreements, policies, legislation, plans and programs that have or may have an impact on elements of the environment, analysis of the costs and consequences of implementing decisions on environmental issues; d) o condition health and people's safety, their living conditions, the state of cultural objects, buildings and structures to the extent that they are affected or may be affected by the state of environmental elements, including as a result of the activities or implementation of decisions and measures specified in subparagraph. "V".

The legislation establishes the following requirements for environmental information: completeness; reliability; timeliness of provision; accessibility, including free provision; formalization of information; comparability and relevance; maintaining information.

The state provides environmental information in certain forms. The main form is the publication of the annual State report on the state of the natural environment of the Russian Federation, the corresponding reports of the constituent entities of the Federation, annual state reports on the state of use and protection of lands in the Russian Federation. Other documents are also published.

Subject to publication international juristic documents, including resolutions or recommendations of conferences to which the Russian Federation is a participant, on procedures for ensuring public access to environmental information or rights relating to public participation in making environmentally significant decisions, etc.

Voluntary, regular provision of information to the public by organizations whose activities have a significant negative impact on the environment is encouraged.

Finally, environmental information is provided upon applications from citizens and their organizations, regardless of the citizen’s citizenship, nationality or place of residence.

In providing environmental information may be refused If:

the government body to which the request is sent does not have the requested environmental information;

the request is clearly unreasonable or formulated in too general a form;

the request concerns materials at the final stage of their preparation or internal correspondence of government bodies, when such an exception is provided for by law or established practice; the interest of the public in obtaining such information is taken into account;

if the disclosure of such information will negatively affect: a) the confidentiality of the work of government bodies, the confidentiality of commercial and industrial information, the confidentiality of personal data and (or) archives relating to an individual (in all cases - subject to the conditions established by law); b) international relations; c) national defense or state security; d) the administration of justice, the ability to receive a fair trial, or the ability of government authorities to conduct criminal or disciplinary investigations.

Environmental information not classified subject to the conditions established by federal law.

Assessment of the impact of planned economic and other activities on the environment (EIA) can be understood as the stage of adoption of an environmentally oriented management decision about planned economic and other activities. At the same time, EIA is a procedure for identifying possible adverse impacts on the environment, assessing environmental consequences, taking into account public opinion, and developing measures to reduce and prevent these impacts.

The purpose of the EIA is to prevent or mitigate the impact of economic and other activities on the environment and associated social, economic and other consequences.

As a result of the EIA, information should be obtained on the nature and scale of the environmental impact of the planned activity, alternatives for its implementation, an assessment of the environmental and related socio-economic and other consequences of this impact and their significance, and the possibility of minimizing the impacts. In addition, public preferences must be identified and taken into account when the customer makes decisions regarding the planned activity. On this basis, we determine alternative options implementation of the planned activity (including the location of the facility, choice of technologies, etc.) or abandonment of it.

The principles and stages of conducting an EIA, the requirements for EIA materials, the procedure for informing and public participation in an EIA are established by law.

Environmental assessment in legislation it is understood as a procedure for establishing the compliance of planned economic and other activities with environmental requirements and determining the admissibility of the implementation of an environmental impact assessment object.

Purpose of environmental assessment- prevention of possible adverse impacts of this activity on the natural environment and associated social, economic and other consequences of the implementation of the object of environmental assessment.

Principles of environmental assessment are: presumption of potential environmental danger of any planned economic and other activities; the obligation to conduct a state environmental assessment before making decisions on the implementation of the object of environmental assessment; reliability and completeness of information submitted for environmental assessment; independence of environmental assessment experts in the exercise of their powers in the field of environmental assessment; scientific validity, objectivity and legality of environmental assessment conclusions; openness, participation of public organizations (associations), taking into account public opinion, etc.

By species environmental assessment is divided into state and public.

State environmental examination carried out by specially authorized government bodies: federal, territorial (at the level of constituent entities of the Russian Federation), their divisions specialized in organizing and conducting state environmental assessments, as well as expert commissions and experts.

Experts of the State Environmental Expertise there may be specialists who have scientific and (or) practical knowledge on the issue under consideration and are involved in the manner established by the Federal Law “On Environmental Expertise” to conduct a state environmental impact assessment.

The list of persons who cannot act as experts is established in the said Federal Law.

State Environmental Expertise required in regarding everyone objects, specified in the Federal Law "On Environmental Expertise".

Conclusion of the state environmental assessment may be positive or negative. A positive conclusion of the state environmental assessment is a condition for financing and implementing the object of the state environmental assessment. The legal consequence of a negative conclusion of the state environmental assessment is a ban on the implementation of the object of the state environmental assessment.

Public environmental review organized and carried out on the initiative of citizens and public associations, bodies local government public organizations (associations), the main activity of which, in accordance with their charters, is the protection of the natural environment, including the organization and conduct of environmental assessments, and which are registered in the prescribed manner.

The public environmental examination is carried out before the state environmental examination or simultaneously with it. It can also be carried out independently of the state environmental assessment of the same objects.

Public environmental assessment is carried out subject to state registration of the application of public organizations (associations) to conduct it. State registration of an application for a public environmental impact assessment may be refused only in the cases specified in the Federal Law “On Environmental Impact Assessment”.

As objects of public environmental Any objects of state environmental expertise may be subject to examination, with the exception of those whose information constitutes a state, commercial or other secret protected by law.

A public environmental assessment is being carried out expert commissions and experts. Experts of public environmental impact assessment are subject to the same requirements as experts of state environmental impact assessment.

Conclusion of public environmental review acquires legal force after approval by a specially authorized state body in the field of environmental assessment.

Standardization in the field of environmental protection.The purpose of environmental regulation- establishing maximum permissible standards for impact on the natural environment, guaranteeing human environmental safety, preserving the genetic fund and biodiversity, ensuring the sustainable use of natural resources.

The following are distinguished: types of environmental standards. First of all, these are standards focused on human health, which are essentially sanitary and hygienic standards, used in environmental activities: maximum permissible concentrations harmful substances, as well as harmful microorganisms and other biological substances that pollute atmospheric air, water, and soil (MPC).

The listed standards include standards for maximum permissible levels of noise, vibration, magnetic fields and other harmful physical impacts (MPL for physical impacts); standards for the maximum permissible level of safe content of radioactive substances in the environment and food products, the maximum permissible level of radiation exposure of the population (MPL radiation exposure); extremely acceptable standards the use of mineral fertilizers, plant protection products, growth stimulants and other agrochemicals in agriculture (PDN of agrochemicals in agriculture); standards for maximum permissible residual quantities chemical substances in food products (MPOC in food products); standards for sanitary and protective zones, sanitary protection zones.

TO actual environmental standards include: maximum permissible norms of load on the natural environment, environmental requirements for products presented in the standards for new equipment, technologies, materials, substances and other products that can have a harmful effect on the natural environment (environmental requirements for products).

As technological standards standards for maximum permissible harmful effects on the natural environment (MPHE) are applied; standards for maximum permissible emissions (MPE) and discharges (MPD) of harmful substances, as well as harmful microorganisms and other biological substances that pollute atmospheric air, water, and soil.

Any activity associated with an impact on the natural environment, characterized by exceeding established standards, subject to a number of conditions (the fact of causing harm or real threat causing it, etc.) will be considered illegal.

Environmental control, as a general rule, it is understood as an independent function of state executive authorities and at the same time as a guarantee of the implementation of most of their other environmental functions.

Purpose of environmental control- ensuring the achievement and maintenance of the quality (state) of the environment as a place and condition for life and activity of living and future generations.

TO principles of environmental control include the principle of independence of environmental control bodies and officials when carrying out control activities; the principle of minimizing (overcoming multiplicity) of environmental control bodies; the principle of separating the functions of environmental control and economic functions, etc.

Environmental control has its own functions: informational; preventative; suppression of environmental violations.

Depending on the control tasks and the bodies performing them, the following are distinguished: types of environmental control: state; public; local government bodies; departmental; industrial. At the same time, control can be preventive, current and subsequent.

The main type of control currently is state. Its task is to ensure that all citizens and legal entities, regardless of their departmental subordination and forms of ownership, implement environmental programs, plans, carry out the necessary environmental measures, and comply with established environmental requirements, rules and regulations.

Conducting state environmental control is entrusted to specially authorized state bodies. The federal executive body that carries out state policy and manages the study, use, reproduction, protection of natural resources and the environment, ensuring environmental safety, as well as coordinating, in cases established by the legislation of the Russian Federation, the activities of other federal executive bodies in this area , is Ministry of Natural Resources of the Russian Federation (MPR of Russia).

A number of federal executive authorities and their territorial bodies perform related functions. These are: Ministry of Health of the Russian Federation (State Sanitary and Epidemiological Surveillance), State Committee Russian Federation for construction and housing and communal services, Federal Mining and Industrial Supervision of Russia, Federal Supervision of Russia for Nuclear and Radiation Safety, etc.

Regulation of the economic mechanism of the natural environment. The economic mechanism for protecting the natural environment is understood as an emerging system of interconnected and mutually adapted elements that function in accordance with objective economic laws to achieve the goals of protecting the natural environment. At the same time, this is one of the types of mechanisms for regulating environmental relations, used along with legal, organizational, and ideological mechanisms.

In accordance with the Federal Law "On Environmental Protection" tasks of the economic mechanism for environmental protection are: financing of environmental activities; establishing payment standards for the use of natural resources, emissions and discharges of pollutants into the environment, waste disposal and other types of harmful effects; providing resource users with tax, credit and other benefits when they introduce low-waste and resource-saving technologies and non-traditional types energy, other measures to protect the environment, etc.

The key element of the economic mechanism for environmental protection is fee for environmental pollution(OOPS), waste disposal, other types of harmful effects - environmental payments. They are aimed at stimulating: a) the development and implementation of programs and measures to protect the natural environment, ensuring the environmental safety of humans and other objects; b) formation of environmental and other funds to finance these programs and activities; c) reducing or maintaining emissions and discharges within standards; d) insurance of civil liability for environmental damage, environmental risks; e) reimbursement of costs for the design and construction of environmental facilities.

Types of environmental payments are payments for: emissions of pollutants into the atmosphere from stationary and mobile sources; discharge of pollutants into surface and underground water bodies, as well as any underground placement of pollutants; waste disposal, etc.

The procedure for establishing and changing environmental payments involves several stages. First, basic payment standards are established. They are of two types: a) for emissions, discharges of pollutants, and other types of harmful effects within acceptable standards; b) for emissions, discharges of pollutants, waste disposal, and other types of harmful effects within established limits (temporarily agreed standards). Changes in basic payment standards are carried out in the process of indexation of environmental payments using indexation coefficients: federal, regional, etc. Changes in payments are also carried out using differentiated rates of environmental payments, adjusting the amount of payments of natural resource users taking into account their use of funds for environmental protection measures, reducing the amount of payments or exempting individual natural resource users from them, regulating payment standards taking into account changes in the price level.

Sources of environmental payments may act as production costs and profits.

Collection procedure environmental payments, their transfers by natural resource users, the use of environmental payment funds, distribution of payments between budgets different levels and the procedure for directing payments to income federal budget are established by the Government of the Russian Federation.

Responsibility for environmental violations. The Federal Law "On Environmental Protection" provides for the following types of liability for environmental violations: disciplinary, administrative, criminal, civil, material. The most common of them are administrative and criminal liability.

Administrative responsibility established in the Code of Administrative Offenses for the following environmental offenses: pollution of the environment, damage, damage, destruction of natural objects, failure to comply with the instructions of environmental control authorities, etc.

It is applied primarily in the form of a fine imposed administratively by state executive authorities (state control) within the competence granted to them (bodies of the Ministry of Natural Resources of Russia, State Sanitary and Epidemiological Supervision, etc.).

A fine can be imposed both on citizens and officials, and on legal entities. The law establishes the lower and upper limits the amount of the fine, calculated as a multiple of the minimum wages.

Administrative liability occurs if the nature of the environmental offense does not entail criminal liability.

Criminal liability are borne by officials and citizens if the act they committed falls under the signs of an environmental crime provided for by the Criminal Code of the Russian Federation.

In ch. 26 of the Criminal Code of the Russian Federation "Environmental crimes" are concentrated 17 elements of environmental crimes(Articles 246-262): violation of environmental protection rules during work; violation of rules for handling environmentally hazardous substances and waste; violation of safety rules when handling microbiological or other biological agents or toxins; violation of veterinary rules and regulations established to combat plant diseases and pests; water pollution; air pollution; marine pollution; damage to the earth; violation of the regime of specially protected natural areas and natural objects, etc.

Compensation for damage caused by environmental violations. The harm caused by environmental violations has certain specifics.

Firstly, it is caused not only to the surrounding natural environment, natural objects (ecological harm), but also as a result of exposure to unfavorable factors - human health (social harm), entails the death of crops, premature aging of buildings, structures, structures under the influence of polluted atmospheric air and so on. (economic harm).

Secondly, environmental damage is characterized by a number of features. Due to the lack of value of natural objects (both socially necessary expenses on their creation) the harm caused by it can receive only a subjective assessment. Such harm cannot be fully calculated, since it is impossible to calculate and evaluate all the consequences of pollution, damage or destruction of one of the elements of the ecosystem for its other elements, as well as for the ecosystem as a whole. Environmental damage often cannot be compensated in kind (it is impossible to replace extinct species of animals and plants with others; cut down forests can only be reproduced after several decades, etc.).

Labor Code - Labor Code. Criminal Code - Criminal Code. Russian Federation of the Russian Federation. General provisions about state and law. The essence and main features of state and law. Fundamentals of the state and legal structure of Russia. Judicial system and law enforcement agencies. Legal regulation of civil legal relations and entrepreneurship. General provisions of civil law. Agreement and individual species obligations. Exclusive rights. Legal support for private interests of citizens. Legal regulation of other types of relations. Legal regulation of other types of relations.

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The main regulator is the Federal Law of the Russian Federation “On Production and Consumption Waste”, which establishes the legal framework for the management of production and consumption waste in order to prevent the harmful effects of production and consumption waste on human health and the environment, as well as the inclusion of such waste in economic circulation .

All users of natural resources are obliged to clean, use, neutralize, dispose of or dispose of production waste. Transboundary waste transportation is divided into external (international) and internal (on the territory of the Russian Federation). According to the legislation of the Russian Federation, waste is an object of ownership that belongs to the owner of raw materials, materials, semi-finished products, and other items or products, as well as goods (products), as a result of the use of which they were generated. Individual entrepreneurs and legal entities can carry out activities in the field of waste management, with the exception of radioactive waste management, on the basis of methodological instructions. The main requirements for them during the operation of enterprises, buildings, structures, structures and other objects related to waste management:

• - licensing of hazardous waste management activities in accordance with the Regulations on licensing activities for the neutralization and disposal of waste of I - IV hazard classes;
• - introduction of low-waste technologies;
• - accounting for generated, used, neutralized, transferred to other persons or received from other persons, as well as disposed waste, conducting an inventory of waste and its disposal facilities;
• - monitoring the state of the environment in the territories of waste disposal sites;
• - provision of necessary information in the prescribed manner;
• - compliance with the requirements for preventing accidents related to waste management and taking urgent liquidation measures.

When disposing of waste, the following measures are applied to ensure the safety of the population and the environment: permit for waste disposal; the procedure for collecting waste in the territories of urban and other settlements provides for their division into types; rationing; the state waste cadastre takes into account the federal waste classification catalogue; economic regulation (stimulation), i.e. payment for waste disposal.

Legal measures for radioactive waste management are also being developed. To solve the problem of reducing the level of radiation danger, the Government of the Russian Federation adopted Resolution No. 1298 of October 11, 1997 “On approval of the rules for organizing a system of state accounting and control of radioactive waste” (as amended on April 22, 2009) and Federal programs“Management of radioactive waste and spent nuclear materials, their recycling and disposal for 1996-2005”, “Reprocessing and disposal of metallic radioactive waste”, “Waste”. Activities in the field of waste management are subject to both state, industrial and public control.

For violation of legislation in the field of waste disposal, administrative liability is provided (Article 8.19 of the Code of Administrative Offenses of the Russian Federation) and criminal liability (Article 247 of the Criminal Code of the Russian Federation).

Within the protected zone of the Semiozersky Forest natural monument located on the territory of Tatarstan, a number of land allocations were made for dacha construction and gardens.

Representatives of public environmental organizations in Tatarstan, concerned about the future fate of this unique natural complex, contacted the republican prosecutor's office, as well as the General Prosecutor's Office of the Russian Federation, demanding that they check the legality of such land allotments.

How are protected zones of natural monuments established?

What kind of restrictions are established within the territories designated as protected zones of natural monuments?

1. Natural monuments are unique, irreplaceable, ecologically, scientifically, culturally and aesthetically valuable natural complexes, as well as objects of natural and artificial origin.

Natural objects and complexes are declared natural monuments of federal significance, and the territories occupied by them are declared specially protected natural territories of federal significance by the Government of the Russian Federation on the proposal of state authorities of the constituent entities of the Russian Federation.

The main purpose of declaring natural complexes and objects natural monuments is to preserve them in their natural state.

Natural objects and complexes are declared natural monuments of regional significance, and the territories occupied by them are declared specially protected natural areas of regional significance by the relevant government bodies of the constituent entities of the Russian Federation.

The state authorities of the Russian Federation and the state authorities of the constituent entities of the Russian Federation approve the boundaries and determine the regime of special protection of the territories of natural monuments under their jurisdiction. The transfer of natural monuments and their territories under the protection of persons into whose jurisdiction they are transferred, the registration of a protective obligation, passport and other documents are carried out by a specially authorized state body of the Russian Federation in the field of environmental protection. Changes to the boundaries and regime of special protection of territories of natural monuments are carried out in the same manner as their initial establishment.

• 2. In accordance with clause 1 of Article 27 of the Federal Law “On Specially Protected Natural Territories”, in the territories where natural monuments are located and within the boundaries of their protective zones, any activity that entails a violation of the preservation of natural monuments is prohibited. The use of monuments is permitted only for the following purposes:
• 1) Scientific (monitoring the state of the natural environment, studying natural ecosystems and their components);
• 2) Environmental and educational (conducting educational excursions, making videos, taking photographs for the purpose of producing printed products);
• 3) Recreational (transit walks);
• 4) Environmental protection (preservation of the gene pool of species of living organisms, provision of habitat conditions for rare and endangered species of plants and animals);

Permissible types of use of each natural monument are established depending on its nature and condition and are indicated in the passport of the natural monument. The regime of special protection of a natural monument for permissible types of its use may provide for seasonal or other restrictions.

So, we can say that in accordance with paragraph 3 of Article 95 of the Land Code of the Russian Federation, on the lands of natural monuments, activities not related to the preservation and study of natural complexes and objects are prohibited. Within the lands of specially protected natural areas, changing the intended purpose of plots or terminating rights to land for needs that contradict their intended purpose is not permitted.

According to clause 7 of Article 95 of the Land Code of the Russian Federation, on the lands of specially protected natural areas, the presentation of gardening and summer cottage plots is prohibited. protection nature waste safety

Consequently, the General Prosecutor's Office of the Russian Federation will issue a ruling to satisfy the plaintiff's demands to verify the legality of such land allotments and subsequently make a decision on this fact about the illegality of the above land allotments.

Problem No. 2

The city prosecutor filed a claim in the arbitration court to recover from the mineral fertilizer plant the amount of damage caused by air and water pollution as a result of the release of harmful substances into the atmosphere without the appropriate permission from environmental protection authorities.

The arbitration court satisfied the prosecutor's claim.

Analyze the prosecutor's claim and the arbitration court's decision from the point of view of current legislation.

Answer: Compensation for environmental damage caused by violation of environmental legislation is carried out voluntarily or by decision of a court or arbitration court. Determination of the amount of damage to the environment caused by violation of legislation in the field of environmental protection is carried out based on 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 projects for reclamation and other restoration work, in their absence, in accordance with the rates and methods for calculating the amount of damage to the environment, approved by the executive authorities carrying out public administration in the field of environmental protection. In accordance with Article 77 of the Federal Law “On Environmental Protection”, legal 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 to compensate it in full in accordance with the law.

Persons guilty of violating the legislation of the Russian Federation in the field of atmospheric air protection bear criminal, administrative and other liability in accordance with the legislation of the Russian Federation (Article 31). Damage caused to health, property of citizens, property of legal entities and the environment by air pollution is subject to compensation in full and in accordance with duly approved rates and methods for calculating the amount of harm, in their absence, in full and in accordance with actual costs to restore the health, property of citizens and the environment at the expense of individuals and legal entities responsible for air pollution (Article 32).

The release of harmful (pollutant) substances into the atmospheric air by a stationary source is permitted on the basis of a permit issued by the territorial body of the federal executive body in the field of environmental protection, executive authorities of the constituent entities of the Russian Federation exercising public administration in the field of environmental protection, in the manner determined by the Government Russian Federation.

A permit for the emission of harmful (pollutant) substances into the atmospheric air establishes maximum permissible emissions and other conditions that ensure the protection of atmospheric air.

For the issuance of permits for emissions of harmful (pollutant) substances into the atmospheric air and harmful physical effects on the atmospheric air, a state duty is paid in the amounts and in the manner established by the legislation of the Russian Federation on taxes and fees.

In the absence of permits for emissions of harmful (pollutant) substances into the atmospheric air and harmful physical effects on the atmospheric air, as well as in case of violation of the conditions provided for by these permits, emissions of harmful (pollutant) substances into the atmospheric air and harmful physical effects on it may be limited, suspended or terminated in the manner established by law Russian Federation.

List of sources used

• 1. “The Constitution of the Russian Federation” (adopted by popular vote on December 12, 1993) (taking into account amendments made by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation of December 30, 2008 N 6-FKZ, of December 30, 2008 N 7-FKZ , dated February 5, 2014 N 2-FKZ, dated July 21, 2014 N 11-FKZ) // "Collection of Legislation of the Russian Federation", August 4, 2014, N 31, Art. 4398.
• 2. “Land Code of the Russian Federation” dated October 25, 2001 N 136-FZ (as amended on July 21, 2014) // “Parlamentskaya Gazeta”, N 204-205, October 30, 2001.
• 3. Federal Law of March 14, 1995 No. 33-FZ (as amended on March 12, 2014, as amended on June 23, 2014) “On Specially Protected Natural Areas” // “ Russian newspaper", No. 57, March 22, 1995.
• 4. Federal Law of June 24, 1998 N 89-FZ (as amended on December 29, 2000) “On Production and Consumption Waste” // Rossiyskaya Gazeta, No. 121, June 30, 1998.
• 5. Federal Law of May 4, 1999 No. 96-FZ (as amended on July 23, 2013) “On the Protection of Atmospheric Air” // Rossiyskaya Gazeta, No. 91, May 13, 1999.
• 6. Federal Law of January 10, 2002 N 7-FZ (as amended on March 12, 2014) “On Environmental Protection” // “Rossiyskaya Gazeta”, N 6, January 12, 2002.
• 7. Decree of the Government of the Russian Federation of October 11, 1997 N 1298 (as amended on November 19, 2012) “On approval of the Rules for organizing the system of state accounting and control of radioactive substances and radioactive waste” // “Rossiyskaya Gazeta”, N 211, November 30, 1997 .
• 8. Decree of the Government of the Russian Federation of March 28, 2012 N 255 (as amended on February 5, 2013, as amended on March 24, 2014) “On licensing activities for the neutralization and disposal of waste of I - IV hazard classes” (together with the “Regulation on licensing activities for the neutralization and disposal of waste of I - IV hazard classes") // "Collection of Legislation of the Russian Federation", April 9, 2012, No. 15, Art. 1781.
• 9. Erofeev B.V. Environmental law. - M., 2008. - p. 289.

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B.V. Erofeev

ECOLOGICAL SYSTEM

AS AN OBJECT OF LEGAL REGULATION

1. Life on our planet exists in a variety of forms and at different levels. All forms and manifestations of life do not exist on their own; they are connected by complex relationships with the biosphere. These connections and relationships in living nature carry out the cycle of substances, prolonging life and preventing it from being interrupted. The relationships in the biosphere, consisting of many ecosystems, are very complex and diverse and therefore affect all spheres of social life, which gives us grounds to assert that ecology has gone beyond biological science and has become a complex science that includes all aspects of human life and activity.

A special role in the system of relationships “man - society - nature” is given to law, which should not be confined to the domestic level, but should have comprehensive, planetary regulation. Environmental law must formulate the principles and goals of the further development of humanity in the field of environmental management and environmental protection.

As is well known, man is a part of nature, and his life depends on the continuous functioning of natural systems.

The long-term benefits that can be obtained from nature depend on the conservation of ecological processes and systems essential to the sustenance of life, as well as the diversity of organic forms that humans endanger through overexploitation and destruction of their habitats.

A person must acquire the knowledge necessary to maintain and expand

its ability to use natural resources while conserving species and ecosystems for the benefit of present and future generations.

Human life depends on the continuous functioning of natural ecosystems, which are a constant source of energy and nutrients. Natural ecosystems used by humans, as well as the resources of land, sea and atmosphere, must be regulated in such a way that the balance in individual ecosystems is not disturbed.

Ecosystems and organisms used by humans, as well as terrestrial, marine and atmospheric resources, must be managed so that their optimal and continuous productivity can be achieved and maintained without compromising the integrity of those ecosystems or species with which they coexist. Activities concealing within themselves increased danger for nature, must be preceded by an in-depth analysis, and persons carrying out such activities must prove that the expected benefits from them are significantly greater than the damage that may be caused to nature, and in cases where the possible harmful effects of such activities are not clearly established, they should not be attempted 1.

So, moving on to the direct analysis of ecosystems, to the legal issues related to their functioning, it is necessary to determine their place. The biosphere is an integral system that consists of subsystems.

1 World Charter for Nature, adopted on October 28, 1982 at the 37th session General Assembly UN // Sat. documents. M., 1996. T. 2. P. 134.

Ecosystems consist of biogecenoses (“bios” - life, “ge” - Earth, “koinos” - together). However, each system is independent, it has subsystems - populations, which consist of individual organisms. But each organism is also a separate biological system.

2. The concept of “ecological system” (“ecosystem”) was absent in the current legislation of the Russian Federation, and even in legal science and literature. This state of affairs is dominant in world practice. In the new Federal Law of the Russian Federation “On Environmental Protection” in Art. 1, for the first time, an attempt was made to define a 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 non-living elements interact as a single functional whole and are interconnected by metabolism and energy.

All scientists distinguish microorganisms: small associations of organisms with the corresponding biotope and macroecosystems. The global ecosystem is the biosphere1. Its specificity is determined by its dual nature, i.e., on the one hand, it is a living environment, and on the other, it is the result of life activity in which the circulation of substances associated with the activities of these creatures is maintained. This is precisely what does not exist on other planets.

An ecological system is a multidimensional concept. It applies to both natural ecosystems and artificial ones, where metabolic and energy processes under the influence of anthropogenic human activity occur many times faster than in natural ecosystems. Along with the concept of ecosystem, other terms are also widely used. Thus, groups of individuals are called populations (from the Latin word “populus” - people, population), and collectively living populations of various living organisms that form historical

1 Ecological dictionary. M., 1993. P. 98.

specifically formed communities are called biocenoses (from the Greek word “bios” - life and “cenosis” - general).

As is known, ecological systems are inextricably linked with factors of inanimate nature (soil, humidity, light, temperature, etc.), and exchange of substances occurs between the components of the ecosystem. The foundation of connections between populations in an ecosystem is the nature of the nutrition of individuals and the ways they obtain energy.

All organisms, depending on their feeding methods, are divided into two groups. The first group includes those that use inorganic compounds from the environment to synthesize organic substances. These are mainly plants. The second group includes organisms (animals, humans, bacteria, etc.) that feed on ready-made organic substances synthesized by plants.

In each ecosystem, as a result of the vital activity of organisms, processes of transformation of inanimate nature into living nature and vice versa are carried out, closing in the cycle of substances, which is a necessary condition for the existence of life on Earth.

Any system develops and evolves. Having studied intra-organizational processes in ecosystems, defined an ecosystem as a dynamic, developing and evolving structure, and identified the main characteristics of an ecosystem, we naturally come to the conclusion about the ecological systematicity in the organization of any life, about its connection with inanimate nature and the Cosmos.

The Earth is a huge and complex ecosystem. The processes taking place in it are connected with the Cosmos. Today, no one doubts the statement that cosmic factors influence the physiological and neurophysical processes occurring in humans. A good example scientific elaboration and duration of study of such phenomena is the fact that back in 1915 the Russian scientist A.L. became interested in the influence of solar activity on humans. Chizhevsky. Exactly

he managed to draw definite conclusions about the close relationship of the human body with the environment and, above all, with the processes occurring on the Sun. Research in this area indicates that man has not completely lost connections with nature and the Universe. The patterns of energy-information exchange associated with the triad “man - nature - society” and the connection between human biorhythms and natural energy georhythms are being intensively studied. Of great interest is the study of the relationship “Sun - climate - biosphere”. The climate regime of large regions of the Earth changes due to not only “purely terrestrial” processes, but also processes occurring on the Sun.

It is well known that all meteorological phenomena and processes on the earth’s surface, as well as in the hydrosphere and atmosphere, depend on the phases of the Moon, the movement of the planets, and solar radiation. There are cyclical changes in the intensity of various physical, electromagnetic, radiation, gravitational and other fields, which affects geological, hydrological, atmospheric processes occurring on Earth, and psychophysiological processes in humans.

Analysis of the ecosystem as a multidimensional and multilateral concept, interconnected with all spheres of human activity, allows us to determine its essential properties, which are important in terms of legal regulation. To improve this regulation great importance should have Decree of the President of the Russian Federation of December 16, 1993 No. 2144 “On Federal Natural Resources”. However, it does not create a certain consistency and interconnectedness for the subsequent legal regulation of this issue, and does not provide any guarantees that would increase the efficiency of use of natural resources classified in this category. And such guarantees are necessary, since if the state or economic interest in a natural object is not clear, and there are no guarantees, then state

talk about the formality and declarative nature of any legal regulation. In connection with the above, this Decree is not a system-forming fundamental regulatory legal act in the legal regulation of the life of ecosystems. However, there are many legislative acts that directly or indirectly relate to issues of ecosystem functioning. For example, the Federal Law “On Fauna”, adopted by the State Duma of the Russian Federation on April 24, 1995, which defines fauna as an integral part of the natural environment, as an integral link in the chain of ecological systems, a necessary component in the process of the cycle of substances and energy of nature, biological water properties and environmental quality in general.

1. The concept of environmental law, its features

Environmental law– an independent complex branch of law that regulates relations in the field of interaction between society and man and the environment.

Independence of environmental law is due to the presence of its own subject of regulation - environmentally significant behavior of people - and specific tasks, which include: preserving the environment, improving its condition and quality, restoring environment-forming elements, ensuring the environmental safety of the population and territories, environmental law and order, etc. These tasks cannot be solved by other branches of law. Complexity of environmental law is explained by the fact that it includes environmental norms themselves and uses the norms of other branches of law, both fundamental and derivative, secondary, to solve the tasks assigned to it.

Environmental law is characterized by a number of essential manifestations, features, and features that help to reveal its content and purpose, to understand its role in the modern legal system of Russia and in the global legal system.

One of the features of this branch of law is its youth. In contrast to fundamental branches, environmental law began to emerge as a branch in the second half of the 20th century. This happened due to the aggravated social and environmental situation in the world, primarily in post-war Europe, the increased impact of anthropogenic factors, especially industrial production, changes in technology, increased consumption, etc. The formation of environmental law both internationally and internationally national levels was largely completed in the 80s. of the past century.

Associated with this feature of environmental law is such a feature as emergency intensity of development.

The features of environmental law include specificity of terminology, specialization legal language in general, narrowly professional orientation of the texts of normative legal acts.

Versatility represents the trend towards convergence of different legal systems.

Justiciarity characterizes the inclusion of a particular right in the established justice system.

Globality and significance of environmental law in the modern world - its most important characteristics. These features also determine such a feature of environmental law as interdependence (and complementarity) international and national regulation.

Openness of environmental law- its most important property.

Exceptional renewal and novelty of environmental law how its properties are manifested due to the isolation of new subjects of legal regulation in it. These properties reflect modern conceptuality and high level adaptability environmental law to real problems.

Russian environmental law is characterized by significant orientation on the implemented state environmental policy.

One can point out such a feature of environmental law as conflict, which manifests itself primarily between environmental and economic interests, the need to conserve natural resources and increased consumption, etc.

2. Ecological system as an object of legal regulation

Ecological system– a multidimensional concept. It applies to both natural ecosystems (forest, river) and artificial ones (indoor swimming pool), where metabolic and energy procedures under the influence of anthropogenic human activity occur many times faster than in natural ecosystems.

Analysis of the ecosystem as a multidimensional and multilateral concept, interconnected with all spheres of human activity, to a greater or lesser extent allows us to determine its essential properties that are important in terms of legal regulation.

It should be noted that there is no separate legal act regulating the general principles of protection and use of ecosystems, which is due to their diversity, different territorial spheres of existence and the natural characteristics of each of them.

When performing a legal analysis of each ecosystem, one should remember the presence of essential properties of ecosystems and their ecocycles.

1. Closedness, independent functioning of the ecological system. Any, even indirect, intervention in the ecosystem has an impact on it. The presence of environmental problems associated with natural human activities requires an understanding of the mechanisms that maintain the integrity and functional stability of ecosystems. Figure it out and take control. Here the question inevitably arises, which ecologists consider to be the most important: artificially forming stable, productive ecosystems that people need. The closedness of ecological systems obliges all citizens and organizations to take into account the environmental consequences of their actions.

2. Interconnection of ecological systems, which leads to the creation of natural complexes.

When using natural objects, an integrated approach is required, which in environmental management practice is called landscape. The landscape approach to the use of natural objects involves constant care of the landscape, including a system of regular measures aimed at maintaining the properties of the landscape in a state in which the functions assigned to it are successfully performed.

3. Bioproductivity. Promotes the self-reproduction of the ecosystem, the performance of one or another of its functions, which determines the different legal status of the lands. The differentiation of lands depending on the purpose of their use is naturally determined by their bioproductive function, economic and environmental aspects.

Self-reproduction of the ecosystem– this is its ability to self-regulation, self-regeneration. In the initial period of industrial development in Russia, when there was a slight release of pollutants into the atmosphere, discharge of wastewater into water bodies, etc., the process of self-regulation was carried out until these pollution and discharges in huge quantities led to irreversible changes in ecosystems .

These features characterizing an ecosystem make it possible to define the concept of an ecosystem, which acts as an object of legal regulation. Ecological system is a natural sphere of the environment that has a closed system of interrelations of its constituent components, giving it stability, interconnected with other sustainable ecological ecosystems and having a certain biological productivity.