Russian legislation in the field of environmental safety and environmental protection. Environmental Law

According to the Constitution, every citizen has the right to favorable environmental conditions. At the same time, there is an obligation to preserve nature and take care of its riches. Natural resources act as the basis for sustainable development and the life of all 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 framework of the document ensures balance in solving socio-economic issues, preserving favorable environmental conditions, biological diversity and resources to meet the needs of present and future generations, and monitoring the implementation of environmental legislation. The normative act regulates the relations 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 general requirements for entities conducting economic and other activities that have an impact on nature. The functioning of enterprises and the work of citizens must be carried out in accordance with the following principles:

Objects to be protected

Their list is established by the 7th Federal Law (Federal Law “On Environmental Protection”). Objects subject to protection from depletion, pollution, damage, degradation, destruction and other negative impacts 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 subject 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 habitat for small indigenous peoples.

In this category, the Law “On Environmental Protection” includes objects included in the World Heritage List, as well as those having special historical, cultural, scientific, recreational, aesthetic or other valuable significance, endangered and rare soils, forests and other vegetation, animals and other organisms and their habitats.

Citizens' rights

The Federal Law “On Environmental Protection” was adopted in pursuance of the Constitutional provisions relating to the field 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 requests to state, regional or local authorities, organizations and officials in order to timely receive complete and reliable data on the state of nature in the territory of their residence. Citizens also have the right to become familiar with information about environmental safety measures. The Law “On Environmental Protection” allows the formation of public associations and other non-profit structures (foundations, etc.) to carry out activities related to the protection of nature. Citizens can participate in demonstrations, processions, rallies, picketing, referendums, collecting signatures for adoption of petitions on environmental issues, as well as in other actions that do not contradict regulations. The Law “On Environmental Protection” provides for the right of private individuals to file claims for compensation for damage to nature.

Responsibilities

In accordance with the law, citizens must:

1. Protect natural resources.
2. Save the environment.
3. Comply with other environmental requirements.

Interaction with government agencies

Citizens have the right to put forward proposals to carry out an environmental assessment and take part in it in the prescribed manner. Private individuals can assist local, state or regional authorities in resolving environmental issues. The Law “On Environmental Protection” provides for the right of any citizen to contact authorized structures with statements, complaints and proposals regarding the protection of nature.

On December 20, 2001, the State Duma of the Russian Federation adopted the Law “On Environmental Protection” and signed on January 10, 2002 by the President of the Russian Federation. The adopted law replaced the Law “On Environmental Protection” of December 19, 1991.

The Law “On Environmental Protection” is a comprehensive legislative act of direct action and solves three problems:

1. Preservation of the natural environment;

2. Prevention and elimination of the harmful effects of economic activities on nature and human health;

3. Improving the quality of the environment.

This law is an act of direct impact, that is, its articles are effective without any additional instructions, regulations, etc.

The main objective of the law is to ensure a scientifically based combination of environmental and economic interests to preserve a healthy, clean environment. Environmental quality standards, standards for permissible impact on the environment, as well as standards for permissible emissions and discharges of pollutants, etc. are substantiated.

This law formulates environmental requirements for sources of harmful effects on the environment and human health.

The Law “On Environmental Protection” consists of XVI chapters containing 84 articles, which present:

General provisions;

Fundamentals of environmental management;

Rights and obligations of citizens, public and other non-profit associations in the field of environmental protection;

Economic regulation in the field of environmental protection;

Standardization in the field of environmental protection;

Environmental impact assessment and environmental expertise;

Requirements in the field of environmental protection when carrying out economic and other activities;

Zones of environmental disasters, zones of emergency situations;

Natural objects under special protection;

State environmental monitoring;

Control in the field of environmental protection. Environmental monitoring;

Scientific research in the field of environmental protection;

Fundamentals of the formation of ecological culture;

Responsibility for violation of legislation in the field of environmental protection;

International cooperation in the field of environmental protection;

Final provisions.

The central theme of the Law is the protection of human health from the adverse effects of the environment. A person is considered as a subject of environmental impact, responsible for the consequences of his activities, and as an object of such impact, endowed with appropriate rights and guarantees for compensation for harm caused.

The mechanism for implementing the provisions of this law consists of a system. including economic incentives for a business entity, as well as administrative and legal influence on violators.

Main acts of environmental legislation in the Russian Federation

After the adoption of the Constitution of the Russian Federation, the legislation of the Russian Federation, including environmental legislation, was almost completely revised. The main acts of environmental legislation are given in Table 3.1.

Table 3.1 Main acts of environmental legislation in the Russian Federation.

Natural resource legislation includes regulations governing the protection and use of certain types of natural resources: Land Code of the Russian Federation (2001), Forest Code of the Russian Federation (1997), Water Code of the Russian Federation (1995), Law of the Russian Federation “On Subsoil” (1992), Law “On Specially Protected Natural Territories” (1995), Law of the Russian Federation “On the Protection of Atmospheric Air” (1999), Federal Law “On Wildlife” (1995).

Environmental legislation includes regulations governing environmental protection in general: the Law of the Russian Federation “On Environmental Protection” (2002), the Federal Law “On Environmental Expertise” (1995), “On Radiation Safety of the Population” (1995), “On the safety of handling pesticides and agrochemicals” (1997), etc.

The current land code of the Russian Federation was adopted in 2001.

The first land code of the RSFSR was adopted in 1992 by the All-Russian Central Executive Committee. He proclaimed state ownership of land and the withdrawal of lands from civil circulation. The Second Land Code of the RSFSR was adopted by the Supreme Council of the RSFSR in June 1970. This was the code of the period of developed socialism, which established the complete dominance of the collective and state farm form of agriculture. The Land Code of 1991 is a code for abolishing the exclusivity of state ownership of land and other natural resources.

The Law of the Russian Federation “On Subsoil” of 1992 establishes legal relations in the study, use and protection of subsoil.

This law establishes strict licensing, introduces fees for the use of subsoil for various purposes and the distribution of the share of income received by the subsoil user. There are many complex and unresolved problems in subsoil use: depletion of mineral resources, disposal of rock dumps, disposal of toxic and radioactive waste.

The Fundamentals of Forestry Legislation (1997) establish the requirements for forestry management. Basic legal norms are aimed at using the forest as a natural resource. Forest reproduction. Conservation and protection of forests. It can distinguish five groups of legal norms: forestry (forestry management, forest reproduction, conservation and protection of forests, etc.), forest resources (planning and use of forests as a natural resource), forest land (use of forest fund lands), management (compensation forestry management bodies), environmental, which relate to the principles of organizing forest management, the distribution of forests into groups according to protection categories, the protection of forests from fires, illegal logging, from pollution, depletion, etc.

The Water Code of the Russian Federation (1995) regulates legal relations in the field of use and protection of water bodies, determines the procedure for acquiring and terminating user rights of water bodies, and establishes liability for violation of water legislation. Legal norms are aimed at the rational use of water. Their protection from pollution, clogging and depletion.

The legal basis for the protection of atmospheric air is reflected in the law of the Russian Federation on environmental protection, as well as in the law “On the protection of atmospheric air” (1999).

Important general measures for air protection are the establishment of standards for maximum permissible harmful effects (MPC, MPE) and fees for emissions of pollutants into the atmosphere.

On the basis of and in pursuance of the Constitution of the Russian Federation, Federal laws, regulatory decrees of the President of the Russian Federation, the Government issues decrees and orders, and is also responsible for their implementation. The Government Resolution is also a normative legal act. Government resolutions on environmental issues can be divided into three groups:

The first group includes those laws that are adopted in pursuance of the law to specify certain provisions. For example, the Regulations on the Ministry of Environmental Protection and Natural Resources, approved by Decree of the Government of the Russian Federation of February 22, 1993.

The third group of decrees of the Government of the Russian Federation includes normative legal acts for further legal regulation of economic relations. Such an act should be considered the Government Decree of November 4, 1993 on the creation of a Russian system of warnings and actions in emergency situations.

Environmental ministries and departments are given the right to issue regulations within their competence. They are intended for mandatory execution by other ministries and departments, individuals and legal entities. For example, the Russian Ministry of Natural Resources issues regulatory orders, instructions and regulations on environmental protection and the use of natural resources.

An important role is played by regulatory rules - sanitary, construction, technical and economic, technological, etc. These include environmental quality standards: standards for permissible radiation, noise levels, vibration, etc.

The formation of environmental legislation that meets modern challenges of ensuring sustainable development and environmental recovery began in the Nizhny Novgorod region in 1995 with the adoption of the Charter of the Nizhny Novgorod region, which established constitutional environmental priorities for the region. The fifth chapter of the Charter reflects the fundamentals of the region’s environmental and social policy. Article 19 of Chapter 5 notes that “land, water, forest and other natural resources are used and protected in the region as the basis for the life of present and future generations of its inhabitants.” The oblast ensures mandatory state environmental assessment. Regional laws and other regulatory legal acts establish limits, environmental standards and regulatory fees for the use of natural resources and environmental pollution, and provide tax and credit benefits for the introduction of environmental and resource-saving technologies.

In the Nizhny Novgorod region, activities whose consequences may lead to a deterioration of the environmental situation should not be allowed. The list of environmentally hazardous activities and sources of environmental hazard in the Nizhny Novgorod region is established by a decision of government authorities. All types of environmentally hazardous activities can only be carried out on the basis of a license. Environmentally hazardous facilities on the territory of the Nizhny Novgorod region must necessarily have a certificate of environmental safety of the facility.

The system of legal protection of nature in Russia includes four groups of legal measures:

1) legal regulation of relations on the use, conservation and renewal of natural resources;

2) organization of education and training of personnel, financing and logistical support of environmental actions;

3) state and

public control over compliance with environmental protection requirements;

4) legal liability of offenders.

In accordance with environmental legislation object Legal protection is the natural environment - an objective reality that exists outside a person and independently of his consciousness, serving as a habitat, condition and means of his existence.

Sources of environmental law Regulatory legal acts are recognized that contain legal norms regulating environmental relations. These include laws, decrees, resolutions and orders, regulations of ministries and departments, laws and regulations of the constituent entities of the Federation. Finally, among the sources of environmental law, international legal acts regulating internal environmental relations on the basis of the primacy of international law occupy a large place.

As a result of the latest codification, a system of environmental legislation has emerged, which is based on three fundamental normative acts: Declaration of the First Congress of People's Deputies of the RSFSR on the state sovereignty of the Russian Soviet Federative Socialist Republic (1990), Declaration of the Rights and Freedoms of Man and Citizen (1991) and the Constitution of the Russian Federation, adopted by popular vote on December 12, 1993.

Environmental legislation system, guided by the ideas of the fundamental constitutional acts, includes two subsystems:

• environmental
• natural resource legislation.

In environmental legislation includes Federal Law No. 7-FZ of January 10, 2002 “On Environmental Protection” and other legislative acts of comprehensive legal regulation.

In the subsystem of natural resource legislation includes: Land Code of the Russian Federation (Federal Law No. 136 of October 25, 2001), Law of the Russian Federation of February 21, 1992 No. 2395-1 “On Subsoil”, Forestry Code of the Russian Federation (Federal Law No. 200 of December 4, 2006), Water Code of the Russian Federation (Federal Law No. 74 of June 3, 2006), Federal Law of April 24, 1995 No. 52-FZ “On the Animal World,” as well as other legislative and regulatory acts.

In the Constitution of the Russian Federation the main provisions of the state's environmental strategy and the main directions of strengthening the environmental legal order are reflected. The Constitution of the Russian Federation introduces into scientific circulation the definition of human environmental activity in the sphere of interaction between society and nature: environmental management, environmental protection, ensuring environmental safety.

The central place among the environmental norms of the Constitution of the Russian Federation is occupied by Part 1 of Art. 9, which states that land and other natural resources in the Russian Federation are used and protected as the basis for the life and activities of the peoples living in the relevant territory.

The Constitution of the Russian Federation has two very important norms, one of which (Article 42) enshrines the right of every person to a favorable environment, reliable information about its condition and to compensation for damage caused to his health or property, and the other proclaims the right of citizens and legal entities on private ownership of land and other natural resources (Part 2, Article 9). The first concerns the biological principles of man, the second - his material foundations of existence.

The Constitution of the Russian Federation also formalizes the organizational and legal relations between the Federation and the subjects of the Federation. According to Art. 72 use, ownership and disposal of land, subsoil, water and other natural resources, environmental management, environmental protection and ensuring environmental safety are the joint competence of the Federation and the subjects of the Federation.

On the subject of its jurisdiction, the Russian Federation adopts federal laws that are binding throughout the country. Subjects of the Federation have the right to their own regulation of environmental relations, including the adoption of laws and other regulations. The Constitution of the Russian Federation establishes a general rule: laws and other legal acts of the constituent entities of the Federation must not contradict federal laws. The provisions of the Constitution of the Russian Federation are specified in the sources of environmental law.

Federal Law “On Environmental Protection” defines the legal framework of state policy in the field of environmental protection, ensuring a balanced solution of socio-economic problems, preserving a favorable environment, biological diversity and natural resources in order to meet the needs of current and future generations, strengthening the rule of law in the field of environmental protection and ensuring environmental safety.

The 16 chapters of the Law establish the following legal provisions:

• fundamentals of environmental management;
• rights and obligations of citizens, public and other non-profit associations in the field of environmental protection;
• economic regulation in the field of environmental protection;
• regulation in the field of environmental protection;
• environmental impact assessment and environmental expertise;
• requirements in the field of environmental protection when carrying out economic activities;
• environmental disaster zones, emergency zones;
• state environmental monitoring (state environmental monitoring);
• control in the field of environmental protection (ecological control);
• scientific research in the field of environmental protection;
• fundamentals of the formation of ecological culture;
• international cooperation in the field of environmental protection.

Protecting human health and ensuring human well-being is the ultimate goal of protecting the natural environment. Therefore, in legislative acts aimed at protecting the health of citizens, environmental requirements occupy a leading place. In this sense, the source of environmental law is the Federal Law of March 30, 1999 No. 52-FZ “On the sanitary and epidemiological welfare of the population.” It regulates sanitary relations related to the protection of health from the adverse effects of the external environment - industrial, domestic, natural. The environmental requirements expressed in the articles of the Law are also sources of environmental law. For example, the provisions of Art. 18 of the Law on burial, processing, neutralization and disposal of industrial and household waste, etc.

Another source of environmental law is the Federal Law “On the Fundamentals of Protecting the Health of Citizens in the Russian Federation” dated November 21, 2011 No. 323-FZ. It contains a norm that ensures the environmental rights of citizens. Yes, Art. 18 states that: “Everyone has the right to health care. The right to health is ensured by environmental protection...”

Legal norms for nature protection and rational use of natural resources are also contained in other acts of Russian natural resource legislation. These include the Forest Code of the Russian Federation, the Water Code of the Russian Federation, the Federal Law “On Wildlife”, etc.

The range of environmental issues on which decrees and orders of the President of the Russian Federation can be issued is practically unlimited. Among them should be mentioned Decree of the President of the Russian Federation of February 4, 1994 No. 238 “On the state strategy of the Russian Federation for environmental protection and ensuring sustainable development.”

On the basis of and in pursuance of the Constitution of the Russian Federation, federal laws, and regulatory decrees of the President of the Russian Federation, the Government of the Russian Federation issues decrees and orders, also being responsible for their implementation. The Decree of the Government of the Russian Federation is also a normative legal act. In accordance with Art. 114 of the Constitution of the Russian Federation The Government of the Russian Federation ensures the implementation in the Russian Federation of a unified state policy in the field of science, culture, education, healthcare, social security, and ecology.

Decrees of the Government of the Russian Federation on environmental issues can be divided into three groups.

• The first group includes those that are adopted in pursuance of the law to specify individual provisions.
• The second group of regulations is intended to determine the competence of management and control bodies.
• The third group of resolutions includes normative and legal acts for further legal regulation of environmental relations.

Environmental ministries and departments are given the right to issue regulations within their competence. They are intended for mandatory execution by other ministries and departments, individuals and legal entities.

Regulatory rules play an important role - sanitary, construction, technical and economic, technological etc. These include environmental quality standards: standards for permissible radiation, noise levels, vibration, etc. These standards are technical rules, and in this form they are not considered as sources of law. Departmental regulations can be canceled by the Government of the Russian Federation if they contradict the law. Acts come into force only after registration with the Ministry of Justice and publication in the Rossiyskie Vesti newspaper. According to the Constitution of the Russian Federation, the subjects of the Federation also have the right to adopt laws and other regulatory legal acts on issues within their jurisdiction. Representative and executive authorities of republics, territories, regions, autonomous entities, the cities of Moscow and St. Petersburg, and Sevastopol have the right to engage in rule-making activities.

The sphere of competence of the subjects of the Federation is determined by sectoral legislative acts: for land use - the Land Code of the Russian Federation, for subsoil - the Law of the Russian Federation "On Subsoil", for water use - the Water Code of the Russian Federation, for the use of wildlife - the Federal Law "On Wildlife", for the natural environment - Federal Law “On Environmental Protection”. This division of legal regulation is based on the attitude towards natural resources. The procedure for classifying natural resources as federal or other is regulated by the Decree of the President of the Russian Federation on federal resources. The Constitution of the Russian Federation (Article 76) establishes laws and other regulatory legal acts of the subjects of the Federation must not contradict the Constitution of the Russian Federation and federal laws. If there is a contradiction between the regulations of the constituent entities of the Federation and articles of federal laws, the former are subject to repeal by a decree of the President of the Russian Federation or a resolution of the Government of the Russian Federation. In addition to special environmental regulations, in recent years the greening of regulations governing the economic, business and administrative activities of enterprises has been widely used. Under greening understand the implementation of environmental requirements in regulatory legal acts of non-environmental content. The need for such a process is explained by the fact that environmental laws may not always directly affect business entities engaged in various areas of production.

Thus, the Law of the Russian Federation of February 7, 1992 No. 2300-1 “On the Protection of Consumer Rights” (Article 7) gives the consumer the right to demand that goods are safe for his life. It also gives government authorities the right to suspend the sale of goods if there is a threat to the health of citizens or the state of the environment. Laws on local self-government and taxation of legal entities reflect various benefits for reducing emissions, using clean technologies, etc.

The Federal Law “On Environmental Protection”, adopted on January 10, 2002, is a systematized, comprehensive legal act in the field of environmental protection. It regulates basic social relations in the field of environmental management and environmental protection.

General characteristics of the law

This law determined the main tasks and mechanism for regulating relations in the sphere of interaction between society and people. He laid the foundations for the progressive development of environmental legislation as legislation of a new generation. This law is characterized by the following features:

The law is a comprehensive normative act regulating environmental relations in general without differentiation by individual natural objects. It formulates the main provisions that make it possible to prevent harm to the environment and ensure compliance with environmental requirements. These include: the creation of an economic mechanism for environmental protection, regulation of state environmental assessment, liability for environmental violations.

The law is a basic normative act, the provisions of which are developed and specified in other acts of environmental legislation. Certain sections of this law subsequently became the basis for the development of other federal laws and other regulations of environmental legislation.

The law establishes the priority of protecting human life and health from the adverse effects of the environment. Protecting the natural environment is not an end in itself; the main goal is to prevent the harmful effects of the environment on the human body. From this point of view, the main legal institutions of environmental protection operate. In particular, human health is the main criterion when establishing environmental standards.

The law is based on a scientifically based combination of environmental

cultural and economic interests of society. The principle of the relationship between environmental and economic interests of society is fundamental in the concept of sustainable development, formulated at the UN conferences in 1972 and 1992. In our legislation this principle is reflected in such a compromise formulation

The law establishes a system of economic incentives for environmental protection activities in combination with administrative and legal measures. This combination allows, on the one hand, the state to control the activities of natural resources users, since natural resources are the property of the entire society, on the other hand, the introduction of market mechanisms creates the prerequisites for the rational use of natural resources.

The law consists of a preamble, 16 chapters and 84 articles.

Regulatory acts on rational environmental management

As noted above, among the laws that regulate environmental legal relations, two groups can be distinguished: environmental and natural resource.

Natural resource regulations regulate social relations that develop in the sphere of rational use of certain types of natural resources and natural objects: land, subsoil, water, forests, atmospheric air, wildlife, specially protected areas.

The group of federal laws, which are fundamental regulatory acts, includes the following: Land Code of the Russian Federation, Law of the Russian Federation “On Subsoil”, Water Code of the Russian Federation, Forestry Code of the Russian Federation, Federal Law “On the Protection of Atmospheric Air”, Federal Law of March 14, 1995 No. 33-FZ “On Specially Protected Natural Areas”, Federal Law “On Wildlife”.

These regulations are characterized by the presence of some common features.

1. Natural resources may be in different forms of ownership, but they are a specific object of ownership.

ity, but they are a specific object of property, since they are used by the entire society, and therefore the state limits the right of ownership of natural resources, establishing certain rights and obligations of owners, determining the intended purpose of natural resources.

Significant, from the point of view of legal regulation, is the content of the concept of “protection and rational use of a natural resource”. What qualities of a natural resource are priority? For example, water can be used for drinking, for household needs, as a shipping route, etc. If water is used as a shipping route, its purity is not critical. The legislation determines that the priority quality of water is its suitability for drinking, i.e. purity.

Compliance with any instructions is impossible without responsibility. A rule of law is not a recommendation, but a command, behind which stands the authority of the state.

These legislative acts provide for liability for violation of relevant legislation (land, water, forestry, etc.), and measures of liability may have their own specific features.

Let's take a closer look at the two main natural resource federal laws.

Land Code regulates relations in the field of use and protection of water bodies (water relations) in order to ensure the right of citizens to clean water and a favorable water environment. These goals are achieved through the following activities:

maintaining optimal conditions for water use, the quality of surface and groundwater in a state that meets sanitary and environmental requirements;

protection of water bodies from pollution, clogging and depletion;

preventing or eliminating the harmful effects of water, as well as preserving the biological diversity of aquatic ecosystems.

The Water Code of the Russian Federation provides for the following responsibilities of water users: rational use of water bodies; prevent violation of the rights of other water users, as well as

causing harm to human health and the environment; prevent deterioration of the quality of surface and ground waters, habitats of flora and fauna; inform government authorities about emergencies and other emergency situations affecting the condition of water bodies.

The Water Code of the Russian Federation stipulates that “persons guilty of violating the water legislation of the Russian Federation bear administrative and criminal liability in accordance with the legislation of the Russian Federation” (Article 130). If damage is caused to a water body, the persons responsible for this are obliged to compensate for the damage.

Self-test questions

Name the main legal acts that regulate the use of certain natural resources and the protection of the natural environment.

Describe the main stages of the formation of Russian legislation.

Give a general description of the Federal Law “On Environmental Protection”.

What social relations are regulated by natural resource regulations?

Give a description of the Land Code of the Russian Federation.

Give a description of the Water Code of the Russian Federation.

What responsibilities of land users are provided for by the Land Code of the Russian Federation?

Protection of the natural environment, as nature conservation was recently said, is necessary for every state. The natural environment is those ecosystems in which citizens of a particular country live, and they
first queue interested in clean air and water, and non-toxic food. The environment has to be protected from pollution by agricultural and industrial enterprises, and from domestic wastewater in every large populated area. So laws on environmental protection are always laws on limiting human activity in a given area. The environment must also be protected from external encroachment, so that foreigners do not seize natural resources that historically (by right of residence) belonged to a particular people. All this is true, and, however, in all these arguments there are many contradictions.

We already know that man is not opposed to his environment, he is part of it. It does not need special protection, because the main components of the substance cycle are not “maintained” by humans
and not at all by higher organisms, but by an immense variety of the most primitive organisms, the limits of tolerance and adaptability of which are unusually great. So environmental protection always comes down to the regulation of human environment-transforming activities, 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, which most often do not heed the calls of citizens. Therefore, it cannot be said that the environment has been transferred into the possession of some people and is their property. You can squander your property! 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, but society is able to do this without his knowledge and consent. Arbitrary and complete use of natural environmental resources is practically impossible. However, every state needs a Law on Environmental Protection. Our state adopted the Law of the RSFSR in 1963"On nature conservation" . With government reforms, it became obsolete by 1985. In its place, the Supreme Council of the Russian Federation adopted on December 19, 1991 the Law of the Russian Federation “On environmental protection" . Before this we did not have a common law
in the field of environmental protection.

The 1991 Law was characterized by the following main features:

1. This is a comprehensive, leading legislative act of direct action. It performs three tasks: a) preservation of the natural environment; b) preventing the harmful effects of economic activities 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 operate without additional acts - resolutions, instructions, regulations, etc.

2. The law defines the measure of a reasonable combination of environmental and economic interests with priority to the protection of human health. That is, maximum permissible standards for the impact of economic activities on the environment are established, the excess of which creates a danger to human health.

3. The law formulates the environmental requirements of humans, as a species, to sources of harmful effects on the natural environment.

4. The central theme of the law is the person, the protection of his life and health from the adverse effects of the external environment. That is, ultimately, this is a law about human protection. A person is considered in two aspects: as a subject influencing the environment and bearing responsibility for the consequences of his actions; and also as an object of influence, endowed with rights and guarantees for compensation for harm caused.

5. The mechanisms for implementing the provisions of the Law are indicated. They consist of incentives for environmental protection combined with administrative and legal measures against violators. Measures of such influence are economic mechanisms for protecting the natural environment: environmental assessment, environmental control, powers to limit, suspend, terminate the activities of environmentally harmful objects, administrative, criminal liability, compensation for damage caused by violation of the law, environmental education and training.

According to the text of the Law, nature and itswealth are national heritage of peoples Russia, natural their basis sustainable socio-economic development and human well-being. This should not be understood as the ability of 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."

It has changed little in terms of volume and contains 14 chapters divided into 84 articles.

To the first chapter The law still includes general provisions. It outlines the tasks of environmental legislation of the Russian Federation, consisting of regulating relations 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 standards for its quality, 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 formulates the basic principles of environmental protection that should guide any individual or legal entity in the country. Here are some of them:

respect for the human right to a healthy environment;

ensuring favorable conditions for human life;

scientifically based combinations of environmental, economic interests and social interests of man, 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 relevant territories;

payment for environmental use and compensation for environmental damage;

independence of environmental control;

presumption of environmental danger of planned economic and other activities;

mandatory environmental impact assessment when making decisions on economic and other activities;

In general, this chapter guarantees human rights to a favorable environment, ensuring favorable living conditions, as well as the responsibility of public authorities and the obligation to conduct a state environmental assessment. The priority of preserving natural ecological systems is also stipulated. An obligation is being introduced to participate in environmental protection activities of government bodies of the Russian Federation, constituent entities of the Russian Federation, local governments, public and other non-profit associations of legal entities and individuals.

The last article in this chapter lists environmental protection objects. These are lands, subsoil, soils, surface and underground waters, and, in addition, atmospheric air, the ozone layer of the atmosphere
and near-Earth space. Of living nature these are forests
and other vegetation, animals and other organisms and their genetic fund.

Natural ecological systems, natural landscapes and natural complexes that have not been subject to anthropogenic impact are subject to priority protection.

Objects included in the World Cultural Heritage List and the World Natural Heritage List are subject to special protection.
as well as state natural reserves, including biospheres, state natural reserves, natural monuments, national natural and dendrological parks, botanical gardens, health resorts and resorts, other natural complexes, ancestral habitats, places of traditional residence and economic activity of indigenous minorities peoples of the Russian Federation, objects of special environmental, scientific, historical, cultural, aesthetic, recreational, health and other valuable significance, 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 environmental management. Here in with chapters from 5 to 10 regulate the powers of state authorities and local self-government in the field of relations related to security, and 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 lists the rights of citizens to create public associations, send appeals to authorities, take part in meetings and rallies, put forward proposals and make complaints, and file lawsuits. They are obliged to do relatively little: to preserve nature, treat it with care and comply with the law.

Article 12 regulates the participation of organizations in environmental activities, and the latter, 13, article This chapter stipulates a system of government measures to ensure the rights to a favorable environment.

IN fourth chapter The law, as in the previous one, proposes economic mechanisms for protecting the natural environment, their tasks, planning and accounting of resources. Limits on the use of natural resources, payment for the use of resources, environmental insurance, environmental funds and economic incentives for environmental protection are also determined here. Chapters 14 to 18 discuss in detail methods of economic regulation, federal programs in the field of environmental development, and business activities carried out for the purpose of environmental protection.

In the fifth chapter the standardization of the quality of the natural environment is determined. It's no secret that the current natural environment is often so polluted that it negatively 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 permissible doses and levels of contamination, as well as environmental requirements for products are discussed in this section in articles 19 to 31.

Chapter Six consists of only two articles and contains a description of the environmental impact assessment procedure and the procedure for conductingenvironmental assessment. Its goals have been defined, and such an examination is made mandatory when making any business decisions. The objects of state environmental expertise, the mandatory nature of public environmental expertise are considered, and both the responsibility for failure to comply with the requirements of the expertise and the responsibility of experts are determined.

Most voluminouschapter seven The law defines environmental requirements for the placement, design, construction, reconstruction, commissioning and operation of enterprises, structures and other facilities. Here are the rules for the storage, use and destruction of chemical, biological, industrial and household waste, and the protection of the Earth's ozone layer. This chapter contains articles 32 to 56; at the end it stipulates the possible suspension of activities if they are carried out in violation of the requirements specified in this chapter.

IN eighth chapter in just one article the procedure for establishing environmental disaster zones is described and environmental emergencies are considered. The criteria by which territories are identified as zones of environmental emergency and zones of environmental disaster are identified, and measures to eliminate such zones and methods of financing these expensive measures are provided.

Special ninth chapter The law focuses attention on natural objects 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 nature reserve is considered a natural complex intended for the conservation or reproduction of certain types of natural resources in combination with the 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, such as typical or rare landscapes, habitats for communities of wild plants and animals, places of recreation, tourism, excursions, and education of the population .

Natural monuments Individual unique natural objects and natural complexes are considered that have relict, scientific, historical, environmental and educational significance and require special protection by the state.

Around cities and industrial towns there aresuburban greens zones , including forest-park protective belts, as territories that perform environmental protection (environment-forming, ecological), sanitary, hygienic and recreational functions.

It should be noted that all provisions regarding these territories, protected species of organisms and green areas surrounding human settlements are similar to those long ago adopted in almost all enlightened countries, regardless of their economic level.

IN tenth chapter Article 63 describes state environmental monitoring. The procedure for its organization is established by the government of the Russian Federation, the results are also used by the government. The availability of these results to 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. Of course, state control officials had significantly more rights than public control organizations. Public control in this chapter, consisting of 6 articles, is allocated 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. Its only article lists only possible purposes for which scientific research can be conducted. So this chapter turned out to be significantly shortened 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 environmental culture. It is presented in four articles, and since only they in the text of the Law are related to environmental education and environmental educational activities, we will present the entire chapter.

Article 71. Universality and complexity of environmental education.

In order to form an environmental culture and professional training of specialists in the field of environmental protection, a system of universal and comprehensive environmental education is being established, which includes preschool and general education, secondary vocational and higher vocational education, postgraduate vocational 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 education institutions and educational institutions of additional education, regardless of their profile and organizational and legal forms, the fundamentals 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 use of natural resources 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 when carrying out economic and other activities that have or may have a negative impact on the environment must have training 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 when carrying out 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 environmental culture in society, cultivate a caring attitude towards nature, and 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 government bodies of the Russian Federation, government bodies of the constituent entities of the Russian Federation, local government bodies, public associations, the media, and also educational institutions, cultural institutions, museums, libraries, environmental institutions, sports and tourism organizations, and other legal entities.

Thus, unlike the previous law, the new one has significantly strengthened the state component and no longer stipulates in such detail the rights of citizens and their priority. Despite the fact that information support for citizens in the field of environmental quality has been left in place, the role of the Government of the Russian Federation in organizing a system of universal and continuous environmental education for all citizens of the country has been completely excluded. This should have been 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 training. In republics, autonomous regions and districts, in territories, regions and local governments, the organization of general environmental education, upbringing and enlightenment was required by law as an essential attribute of environmental protection. Unfortunately, very little remains of these provisions, which has 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 deals with liability for environmental violations. First of all, the types of such liability are listed. This provides for disciplinary, material, and administrative liability. 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 compensating for damage caused by violation of environmental legislation are stipulated. In addition, compensation for damage caused to the health and property of citizens as a result of violation of the law is provided, as well as requirements to limit, suspend or even terminate the activities of persons carried out in violation of legislation in the field of environmental protection.

In the fourteenth chapter The law discusses compensation for damage caused by environmental violations. It is expected that such damage will be compensated in full in the form of adequate material compensation, or in kind, in the form of restoration of the natural environment. Options for compensation for damage caused by a source of increased danger to the health of citizens or their property are considered, and methods of claims to stop environmentally harmful activities are discussed.

Provided in fifteenth chapter Law and international cooperation in the field of environmental protection. It is stated here that the Russian Federation carries out international cooperation in the field of environmental protection in accordance with generally accepted principles and norms of international law .

Unfortunately, the definitions of specially protected areas have been removed from the Law. We provide these definitions from the text of the previous Law. Here they are: " State natural reserves natural complexes (land, subsoil, water, flora and fauna) that have environmental, scientific, environmental and educational significance, as standards of the natural environment, are considered to be permanently withdrawn from economic use and not subject to withdrawal for any other purposes, especially protected by law , typical or rare landscapes, places where the genetic fund of plants and animals is preserved.”

There, scientists conducting such developments were provided with government support, and they were members of expert councils, giving opinions on environmental assessments of projects, and participating in solving practical problems of rational environmental management and the formation of an environmental culture in society. And, what is especially important, 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 natural environment and resulting harm to human health, flora and fauna, property of citizens and legal entities;

— damage, damage and destruction of natural objects, including natural monuments, depletion and destruction of natural reserve complexes and natural ecological systems;

- violation of the established procedure or rules for the extraction, collection, procurement, sale, purchase, acquisition, exchange, shipment, import and export abroad of objects of flora and fauna, products from them, as well as botanical, zoological and mineralogical collections;

— exceeding established standards for maximum permissible levels and concentrations of harmful substances;

— untimely or distorted information, refusal to provide timely, complete and reliable information about the state of the natural environment and radiation situation.

Unfortunately, they are omitted from 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;

— every 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 environmental well-being of one state cannot be ensured at the expense of other states or without taking into account their interests;

— economic activities carried out on the territory of the state must not cause damage to the natural environment both within and outside its jurisdiction;

— any types of economic and other activities whose environmental consequences are unpredictable are unacceptable;

— control must 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 must be ensured;

— states must provide assistance to each other in environmental emergencies;

— all disputes related to environmental problems must 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.