Principles and methods of environmental protection. Topic Basic principles of environmental protection and rational use of natural resources

Basic principles of environmental protection

The principles of environmental legislation enshrined in Article 3 of the Federal Law “On Environmental Protection” are its main principles, guiding ideas and provisions that determine the general focus and specific content legal regulation in this area. The principles extend to a wider area public life, rather than legal norms. As a rule, one principle is reflected and embodied in a number of individual norms. In combination with the sphere of life, methods, sources and legal regimes, the principles inherent in any branch of law create special regime legal regulation, which is the most comprehensive characteristic of this industry. The principles of a branch of law most clearly express its specificity: it is enough to familiarize yourself with these principles in order, without knowing anything else about this branch, to form an adequate idea of ​​its system, social purpose, goals and objectives, and means of solving them.

The principles of legislation serve as a guideline for lawmaking and law enforcement activities of state authorities and local governments. Compliance with the principles of legislation ensures the normal and uniform development and functioning of the entire Russian legal system generally. Constitutional Court of the Russian Federation, Supreme Court of the Russian Federation and Supreme Arbitration court The Russian Federation in its resolutions often reminds of the extreme importance of using the principles of law, since the latter can be a source of law when gaps are discovered in it.

The first in Article 3 is the principle of respect for the human right to a favorable environment. It is no accident that this principle is given first place in the law. In accordance with Art. 2 of the Constitution of the Russian Federation, “man, his rights and freedoms are the highest value.” Consequently, in the context of environmental legislation, the right to a favorable environment is of the highest value.

The Law (Article 1) defines a favorable environment as “an environment whose quality ensures the sustainable functioning of natural ecological systems, natural and natural-anthropogenic objects.” However, the right to a favorable environment has a fairly broad content: it is not limited to the human right to environmental well-being in the places where his daily life takes place. Everyone has the right to demand respect for ecological balance not only in the area of ​​their immediate residence, but also in other, even remote, places on the planet. The right to a favorable environment as a subjective legal right is ensured by judicial protection. Violations of this principle can be appealed in court or administrative proceedings.

Security favorable conditions human life activity. This principle differs in content from the previous one. It involves creating the most comfortable experience for each person. living environment not only in an environmental sense, but in all other respects. Compliance with this principle means that the performance of any action must be assessed in terms of how this action affects the livelihoods of other people. The behavior of a particular subject - an individual, social group, social organization, including the state - one way or another affects others. From this point of view, socially unjustified are those acts that create an obstacle to the existence and activities of other social entities. Let us pay attention: in the legislative formulation we are talking specifically about the life activity of a person, and not society. However, the interests of the individual, which are always more concrete and tangible than the interests of society, are taken as a criterion. At the same time, we mean all living conditions, including social, economic, cultural, etc.

A scientifically based combination of environmental, economic and social interests of man, society and the state in order to ensure sustainable development and a favorable environment. Here, for the first time, the principle of sustainable development is enshrined at the legislative level. The idea of ​​sustainable development is often given a purely ecological content, which is not entirely correct. In reality, sustainable development and a favorable environment are far from the same thing, which is reflected in the text of this principle. Sustainable development as a certain social ideal has a pronounced systemic, integrative character. The environmental component comes to the fore because it was in the concept of sustainable development that for the first time due attention was paid to the problem of human interaction with nature.

Sustainable development presupposes harmonious, synchronous and coordinated progress in all areas of social life. None of the areas of development should come at the expense of other areas. For a long time, this truth was clearly insufficiently realized, as a result of which there was a sharp disharmony in certain spheres of social development, when technological progress surged far ahead, overtaking cultural and social dynamics and completely ignoring natural factors.

Sustainable development does not mean that it is now extremely important to devote all efforts to protecting the environment, sacrificing all technical and economic achievements for this. On the contrary, we should look for ways to further develop society in which it would be possible to achieve equal success in all these areas, moreover, so that they support and mutually stimulate each other. For this reason, the law talks about the optimal combination of environmental, economic and social interests, as well as the interests of the individual, society and the state (in this case, human interests, as mentioned above, are primary). The difficulty of realizing this social ideal is obvious, as is the fact that this goal can only be achieved through scientific means.

Protection, reproduction and rational use of natural resources as the necessary conditions ensuring a favorable environment and environmental safety. Natural resources, according to Art. 1 Federal Law “On Environmental Protection” - these are such components natural environment, natural and natural-anthropogenic objects that are used or have been used in carrying out economic or other activities as sources of energy, production products and consumer goods and have consumer value. The concept of natural resources, therefore, contains an assessment of natural phenomena from the point of view of their exploitation by humans.

The protection of natural resources is an activity to protect them from negative impacts, prevent such impacts and eliminate their consequences. Reproduction is an activity to replenish lost and spent resources. Rational use of natural resources is their consumption in such a way that it does not exceed the limits of what is extremely important, does not lead to irreversible depletion of resources, and leaves the opportunity for their restoration and increase.

All this is a condition for achieving environmental safety, which is a state of protection of the natural environment and vital human interests from the possible negative impact of economic and other activities, natural and man-made emergencies, and their consequences. In the legislative definition of environmental safety, trends appear that have already been mentioned above: the first of them is that the interest of the individual, rather than the social community, is put at the forefront. The second trend is to give environmental categories a broader meaning than usual; in this case, for example, environmental safety actually refers to the protection of any vital human interests from any negative consequences of any type of activity.

Responsibility of state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation, local governments for ensuring a favorable environment and environmental safety in the respective territories. Here we are talking not so much about legal responsibility for an offense, but about the social responsibility of authorities to society. There is a distribution of powers between different levels of government for environmental protection. Each of these levels is responsible for the proper implementation of its powers.

However, responsibility is distributed according to the subjects of jurisdiction, as well as at the territorial scale (“in the relevant territories”): local government bodies are responsible for the state of the environment in the territory of the municipality, regional authorities- at the level of the subject of the federation, federal authorities - throughout the country. However, a triple system of environmental authorities should operate in any individual area of ​​Russian territory. But for this to happen, it is extremely important that all three levels of government exercise their powers in a mode of mutual support and cooperation. Instead, in practice, there is a high degree of conflict in their relations and a desire to shift the implementation of environmental functions to each other.

Payment for environmental use and compensation for environmental damage. Environmental management is usually called any economic and other activity related to the use of natural resources or affecting the state of the environment. In the future, the law mainly talks about paying for negative impacts on the environment. Τᴀᴋᴎᴍ ᴏϬᴩᴀᴈᴏᴍ, negative impact the environment is not affected complete ban, which would be unrealistic - it is allowed, but within strictly defined boundaries and on a reimbursable basis. Payment of this fee does not exempt entities from carrying out environmental protection measures and from compensation for damage to the environment. Compensation for damage caused to the environment is regulated in Articles 77-78 of the Federal Law “On Environmental Protection”.

Independence of control in the field of environmental protection. Environmental control in legislation is usually understood as a system of measures aimed at preventing, identifying and suppressing violations of legislation in the field of environmental protection, ensuring compliance by economic and other entities with regulatory requirements in the field of environmental protection.

However, control activities in their content are of a law enforcement nature; The emphasis is placed precisely on monitoring the implementation of legal acts. As for the principle of independence of control, we are talking, first of all, about the fact that the controlling entities must be independent from the controlled ones, not be subordinate to them and not be subject to pressure from them.

Presumption of environmental danger of planned economic and other activities. Presumption is a special technique of legal technique when something is considered legally recognized until the contrary is proven. In this case, it is meant that any economic activity should be considered as potential threat for the environment until there is evidence to the contrary. But here, too, the scope of the principle is unjustifiably expanded due to the fact that the environmental danger of not only economic, but also “other” activities is declared. In fact, there are a huge number of activities that cannot initially cause damage to the environment (for example, conducting sociological surveys, lecturing, writing literary works and so on.). Naturally, there should be no question of presumption of environmental danger of such types of activities. For this reason, this principle requires a restrictive interpretation.

Mandatory environmental impact assessment (EIA) when making decisions on economic and other activities. EIA is an activity to identify, analyze and take into account the direct, indirect and other consequences of the environmental impact of a planned economic and other activity in order to make a decision on the possibility or impossibility of its implementation. At the same time, a literal interpretation of this principle also leads to the conclusion that environmental impact assessment must precede the start of any human activity, which is impractical and unfeasible. We are talking here, apparently, only about activities that, at least theoretically, can have any impact on the environment.

Mandatory verification of projects and other documentation justifying economic and other activities that may have a negative impact on the environment, create a threat to the life, health and property of citizens, for compliance with the requirements of technical regulations in the field of environmental protection. This principle was adopted in 2006. replaced the principle of mandatory state environmental assessment of project documentation justifying economic and other activities. From January 1, 2007 ᴦ. design documentation for capital construction projects is the subject of a comprehensive state examination carried out in accordance with the legislation on urban planning activities. Article 3 of the Federal Law “On Environmental Protection” specifies cases of mandatory inspection of projects and other documentation - when the projected activity may have a negative impact on the environment, as well as cause harm to the life, health or property of citizens. Today, this principle should not yet be implemented, because All technical regulations in the field of environmental protection have not yet been developed and adopted.

Taking into account the natural and socio-economic characteristics of territories when planning and implementing economic and other activities. The point is that each section of Russian territory is unique in its own way and in some way different from others. Differences may lie in the nature of the area, its level of population, climatic conditions, soil fertility, state of the environment, the presence of certain natural objects, the composition of flora and fauna, etc. Economic and other activities subject to environmental and legal assessment should not ignore the specifics of the territories in which it is planned to be carried out. Environmental legislation obliges the organization economic activity take into account not only its own interests, but also the interests of the natural and social environment where this activity is carried out.

The priority is to preserve natural ecological systems, natural landscapes and natural complexes. According to Article 1 of the Federal Law “On Environmental Protection”, a natural ecological system is 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 connected between exchange of matter and energy.

A natural complex is a complex of functionally and naturally interconnected natural objects, united by geographical and other relevant characteristics.

Natural landscape is a territory that has not been changed as a result of economic and other activities and is characterized by a combination of certain types of terrain, soils, and vegetation formed under the same climatic conditions.

As can be seen from the above definitions, the general distinctive features natural ecological systems, natural landscapes and natural complexes are their natural character and consistency. Οʜᴎ develop and function in nature objectively, regardless of human will, and at the same time they represent a special inextricable connection of natural phenomena, from which not a single component can be removed. Hence the special importance of caring for ecosystems, natural landscapes and complexes: sometimes one awkward intervention is enough to disrupt the complex interaction of elements and begin an irreversible process with the most severe environmental consequences. For this reason, the priority of preserving natural ecosystems, natural landscapes and natural complexes has been established by law, which means it is extremely important to maintain their functioning in a mode as close as possible to natural, and a ban on actions that could negatively affect their condition.

The permissibility of the impact of economic and other activities on the natural environment based on the requirements in the field of environmental protection. This general rule, in accordance with which any human activity related to environmental impact. Such an impact is inevitable, because social life humanity is inseparable from the natural environment; in the same way, the influence of nature on the activities of society is inevitable. Society is not able to completely protect nature from its influence, but it can quite reasonably limit this influence, which is dictated at least by the interests of self-preservation - after all, the reverse reaction of nature will not be slow in waiting.

However, the impact on the environment is legally permitted, but only within certain limits established by regulations and other generally binding environmental requirements.

Ensuring the reduction of the negative impact of economic and other activities in accordance with standards in the field of environmental protection, which can be achieved through the use of the best existing technologies, taking into account economic and social factors. This principle requires not only compliance with existing standards in the field of environmental protection, but also something more - constantly striving to reduce the negative anthropogenic impact on the environment. In other words, if there is an opportunity to improve a particular activity in the direction of reducing its impact on the environment, this opportunity should be used.

Under "best available technology" in Art. 1 Federal Law “On Environmental Protection” is commonly understood as technology based on latest achievements science and technology aimed at reducing the impact on the environment and having a set period of practical application, taking into account economic and social factors. The reference to socio-economic factors means that the best existing technology must be optimal not only from an environmental point of view, but also in the sense of its economic viability and practical feasibility, otherwise such a technology simply cannot be introduced and will not demonstrate its benefits. qualities

Mandatory participation in environmental protection activities of government bodies of the Russian Federation, constituent entities of the Russian Federation, local government bodies, public and other non-profit organizations, legal and individuals. The legislative formulation of this principle is extremely unfortunate.

First of all, all possible subjects of legal relations are listed, which raises the question: in whose environmental protection activities should they participate? Apparently, in each other's activities.

Secondly, for whom is this participation obligatory? As far as is known, there are no legal mechanisms for the forced involvement of individuals or public organizations to environmental activities.

Apparently, this principle refers to the extreme importance of uniting the efforts of all subjects of public life in order to jointly solve environmental problems. At the same time, the imperfection of legislative expression deprives this principle of legal certainty and makes its successful operation problematic.

Conservation of biological diversity. We must not forget that life on Earth is represented by an almost infinite variety of forms and media. The greatest mistake of man is to attribute independent value only to himself out of all these media. Any biological species has the same unconditional significance for nature as humanity. At the same time, it is man who bears increased responsibility for the fate of all other biological species, since not a single living creature is capable of such a destructive effect on nature as man. Not a single living creature can independently protect itself from this influence. For this reason, it is extremely important to protect other biological species from degradation and extinction, create decent living conditions for them, and take measures to support rare and endangered species.

Ensuring an integrated and individual approaches to the establishment of requirements in the field of environmental protection for subjects of economic and other activities carrying out such activities or planning to carry out such activities. This principle reflects a certain variability of environmental and legal regulation. Of course, there must be strict and uniform rules for environmental management and conservation for everyone, but a differentiated approach to individual situations is also necessary. In each specific case, when environmental and legal qualification is necessary, it is necessary not only to comply with general requirements in the field of environmental protection, but also to take into account the features characteristic of a specific territory, specific natural objects, specific types of activities, economic entities, etc. There should not be absolute unification in legal assessment - it depends on the individual combination of environmentally and legally significant factors. But in any case, the differentiated approach must correspond to the integrated one, developing and specifying it, but not replacing it.

Prohibition of economic and other activities, the consequences of which are unpredictable for the environment, as well as the implementation of projects that may lead to the degradation of natural ecological systems, changes and (or) destruction of the genetic fund of plants, animals and other organisms, depletion of natural resources and other negative changes environment. This provision formulates a general rule about which specific actions in relation to the environment are legally unacceptable. Unfortunately, this time too, shortcomings in legislative technology make it difficult for the legal principle to operate effectively. First of all, any activity whose results are unpredictable for the environment is prohibited. But unpredictability is largely a subjective concept: as we know, there should not be an absolutely accurate forecast, much less it is impossible to assess its reliability before the predicted event occurs.

On the other hand, there is no activity for which a forecast would be completely impossible. For this reason, everything is to some extent predictable and to some extent unpredictable. Several types of consequences are more or less clearly identified, the possibility of which the legislator considers to be grounds for prohibiting the relevant activity. This is a gross violation of the systematicity and integrity of the functioning of natural objects, a significant deterioration in their condition, a serious quantitative decrease. Moreover, “other negative environmental changes” are added to this. It turns out that any negative impact on the environment is completely prohibited. This ban is not only unenforceable, but also contradicts other principles of environmental law, in particular, the principle of paid environmental management (negative impact on the environment is prohibited, and at the same time, based on Article 16 of the Federal Law “On Environmental Protection”, it is paid).

Respect for the right of citizens to receive reliable information about the state of the environment, as well as the participation of citizens in decision-making regarding their rights to a favorable environment, in accordance with the law. The right to reliable information about the environment is specifically enshrined in Article 42 of the Constitution of the Russian Federation. At the same time, in accordance with Part 2 of Article 24 of the Russian Constitution, state and local government bodies and their officials are obliged to provide everyone with the opportunity to familiarize themselves with documents and materials that directly affect their rights and freedoms, unless otherwise provided by law. This serves as a sufficient legal basis for any citizen to request and receive from the authorities the data they have on the state of the environment, since this information most directly affects one of the constitutional human rights - the right to a healthy environment. The exception is information that constitutes a state secret. At the same time, the very practice of mass classification of materials on the state of the environment must be recognized as a violation of constitutional human rights and the principles of environmental law.

In addition to receiving information, citizens also have the right to participate in decision-making regarding their rights to a healthy environment. The legal possibilities for such participation are quite diverse - these are elections to state and municipal bodies, initiation of a referendum and participation in it, gatherings and meetings of citizens, the right to appeal to authorities with complaints, comments and suggestions, conducting a public environmental assessment, etc.

Responsibility for violation of environmental legislation. In accordance with the general legal principle of the inevitability of legal liability, a legal sanction (coercive measure) must be applied in all cases where it is established as a mandatory consequence of an offense. Environmental law is no exception. At the same time, liability for environmental violations is provided not only by environmental legislation: it is also regulated by civil, administrative and criminal law. Each type of legal liability has its own goals, its own scope, its own offenses, its own grounds for application and types of sanctions imposed.

Organization and development of the environmental education system, education and formation of environmental culture. Environmental education is an activity aimed at developing knowledge, skills and value orientations in the population in the field of environmental protection. This activity is carried out both through the existing system educational institutions, V learning programs which include environmental disciplines, and in the form of educational events - seminars, open events, publications of environmental materials in the media, production and distribution of popular literature on ecology, promotion of environmental knowledge and values ​​in works of art and many other ways. The result of effective environmental education and upbringing should be the formation of an environmental culture - a certain high level knowledge and attitude towards the environment, meaningful experience of interaction with the environment, ensuring environmental well-being and sustainable development.

Essentially, this principle is not and cannot be of a legally imperative nature, but represents only a certain desire of the state, a certain program of action, a “declaration of intent.” It is disclosed in more detail in Chapter XIII of the Federal Law “On Environmental Protection,” which is called “Fundamentals of the Formation of an Environmental Culture.”

Participation of citizens, public and other non-profit associations in solving environmental problems. In fact, this is already the third principle, which enshrines the same thing - the possibility of citizens’ participation in environmental protection activities (previously this was formulated as “the mandatory participation in environmental protection activities of state authorities of the constituent entities of the Russian Federation, local governments, public and other non-profit organizations , legal entities and individuals,” as well as “the participation of citizens in decision-making regarding their rights to a favorable environment.”

As for public and other non-profit associations, Article 12 of the Federal Law “On Environmental Protection” is devoted to their activities in environmental protection. Among the most important forms of such activities are the development, promotion and implementation of environmental programs, the organization of the protection of citizens' rights, the involvement of citizens in environmental activities, the organization of meetings, rallies, demonstrations, processions and other public events, organizing public environmental assessments, holding public hearings on environmentally significant projects, etc.

International cooperation in the field of environmental protection. Such cooperation is carried out in the form of implementing joint projects aimed at protecting specific territories and other natural objects; in the form of financial support for certain environmental activities from abroad; in the form of joint environmental research and exchange of results of scientific research in the field of environmental protection methods, etc. The most important legal form international cooperation is the conclusion of bilateral and multilateral international treaties in the field of environmental protection, as well as Russia's participation in the activities of international environmental organizations. In Art. 82 Federal Law “On Environmental Protection” contains a rule based on Part 4 of Art. 15 of the Russian Constitution, which recognizes the priority of Russia’s international obligations over its internal regulations. According to Part 2 of Article 82 of the Federal Law “On Environmental Protection”, if an international treaty provides for something different than Russian environmental legislation, then the norms of the international treaty apply. At the same time, part 1 of the same article of the Federal Law “On Environmental Protection” provides for two forms of action of international treaties in the field of environmental protection: if such a treaty does not require the adoption of special regulations, then its provisions are applied directly, otherwise, in addition to the treaty, a corresponding legal document is issued an act that develops its provisions and is applied along with it.

Basic principles of environmental protection - concept and types. Classification and features of the category "Basic principles of environmental protection" 2017, 2018.

The principles of environmental protection are enshrined in Article 3 of the Federal Law “On Environmental Protection”. Most of the provisions listed there are statements of goals and objectives, methods of achieving them and the main provisions of environmental legislation (). Only some of the provisions can be recognized as real principles.

They are as follows.

The principle of respecting the human right to a favorable environment and ensuring favorable conditions for human life. This principle is embodied in Article 11 of the Federal Law. One of the ways to implement this principle is regulation in the field of environmental protection, which is carried out in order to establish maximum acceptable standards impact on the environment, guaranteeing the environmental safety of the population.

The principle of a scientifically based combination of environmental, economic and social interests of man, state and society in order to ensure sustainable economic development and preserve a favorable environment. The implementation of this principle is intended to create conditions for ensuring real guarantees of human rights to a healthy and life-friendly natural environment and at the same time promote economic development, taking into account the negative impact of economic activities on the state of the environment. Goal: realizing progress within ecological limits. Most effective means: environmental impact assessment and environmental expertise.

The principle of ensuring the protection, reproduction and rational use of natural resources. The implementation of this principle is associated with the need to protect and reproduce natural resources and prevent irreversible consequences for the environment and human health. Rules of environmentally sound behavior regulate the process of exploitation of natural resources.

The principle of respecting the right of everyone to receive reliable information about the state of the environment, the participation of citizens in decision-making regarding their rights to a favorable environment, the participation of citizens, public and other non-profit associations in solving environmental problems. This principle means the right of these entities to demand from the relevant authorities the provision of timely, complete and reliable information about the state of the environment, its pollution and measures to protect it. Implementation – Part 3 of Article 41 of the Constitution, which talks about responsibility for concealing information. Mechanism – Federal Law “On Information, Information Technologies and Information Protection”.

The principle of international cooperation in environmental protection. The problem of environmental protection is global in nature. The impact of society on nature is constantly increasing. Its negative consequences are not limited to national boundaries.

Principles by law:

1) respect for the human right to a favorable environment;

2) ensuring favorable conditions for human life;

3) a scientifically based combination of environmental, economic and social interests of man, society and the state in order to ensure sustainable development and a favorable environment;

4) protection, reproduction and rational use of natural resources as necessary conditions for ensuring a favorable environment and environmental safety;

5) responsibility of state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation, local governments for ensuring a favorable environment and environmental safety in the relevant territories;

6) payment for environmental use and compensation for environmental damage;

7) independence of state environmental supervision;

8) presumption of environmental danger of the planned economic and other activities;

9) mandatory assessment of environmental impact when making decisions on the implementation of economic and other activities;

10) mandatory, in accordance with the legislation of the Russian Federation, verification of projects and other documentation justifying economic and other activities that may have a negative impact on the environment, create a threat to the life, health and property of citizens, for compliance with the requirements of technical regulations in the field of environmental protection ;

11) taking into account the natural and socio-economic characteristics of territories when planning and implementing economic and other activities;

12) priority of conservation of natural ecological systems, natural landscapes and natural complexes;

13) the admissibility of the impact of economic and other activities on the natural environment based on the requirements in the field of environmental protection;

14) ensuring the reduction of the negative impact of economic and other activities on the environment in accordance with standards in the field of environmental protection, which can be achieved through the use of the best existing technologies, taking into account economic and social factors;

15) mandatory participation in environmental protection activities of government bodies of the Russian Federation, government bodies of constituent entities of the Russian Federation, local government bodies, public and other non-profit associations, legal entities and individuals;

16) conservation of biological diversity;

17) ensuring an integrated and individual approach to establishing requirements in the field of environmental protection for economic and other entities carrying out such activities or planning to carry out such activities;

18) prohibition of economic and other activities, the consequences of which are unpredictable for the environment, as well as the implementation of projects that may lead to the degradation of natural ecological systems, changes and (or) destruction of the genetic fund of plants, animals and other organisms, depletion of natural resources and other negative environmental changes;

19) respect for everyone’s right to receive reliable information about the state of the environment, as well as the participation of citizens in making decisions regarding their rights to a favorable environment, in accordance with the law;

20) liability for violation of legislation in the field of environmental protection;

21) organization and development of the environmental education system, education and formation of environmental culture;

22) participation of citizens, public and other non-profit associations in solving problems of environmental protection;

23) international cooperation of the Russian Federation in the field of environmental protection.

Norms of environmental law.

Norms environmental rights - these are the rules governing human activities in the field of protection and use of the natural environment. There are standards:
industry- protection and use of natural objects such as land, subsoil, water, forests, etc.;

complex- protection and use of natural complexes, the natural environment as a whole;
eco-friendlyat provided for by other branches of law (administrative, criminal, economic, etc.) and requiring compliance with environmental protection rules. Based contentlegalinstructions, environmental legal norms are subdivided into norms-principles, norms-priorities, norms-rules.
Norms-principles consolidate the fundamental principles of environmental protection (Article 3 of the Law “On Environmental Protection”).
Norms-priorities establish legal advantages V protection and use of some objects over others in the interests of ensuring the quality of the natural environment. Environmentalpriorities mean that any economic or other activities are prohibited if they threaten human health and environmental safety.
Identifies norms-priorities threelevels: sectoral, intersectoral and general environmental level:
industrypriorities are established in the provisions of natural resource branches of legislation;
intersectoralpriorities Provided for by industry legislation, they establish advantages in the protection of certain natural objects;
are common The highest environmental priorities are to ensure favorable environmental conditions for human life, work and recreation, and the rational use of natural resources, taking into account the laws of nature. The list of general environmental priorities is provided for in Art. 3 of the Law "On Environmental Protection". Their action is not limited to any region, territory or sphere of economic activity.
Norms and rules provide for environmental requirements and imperatives in relation to a specific area of ​​environmental relations. By content environmental imperatives are divided into:

to warning ones;

prohibitive;
binding;

permitting;

restorative (compensatory);

punitive;
authorizing;
incentives. Warning are aimed at preventing the implementation of an unlawful action that may entail harmful effects. Preventive and prohibitive imperatives are the main set of environmental legal norms. Target prohibitive imperatives - to prevent the commission
actions that may cause harm to the environment. For example, it is prohibited to put into operation facilities that are not equipped with means of waste treatment and disposal, the use of expired drugs, and the use of chemicals obtained during research work, the nature of which has not been identified, are not permitted.
Permissive And binding norms determine the procedure for the activities of natural resource users. In the first case, by decision of a specially authorized body, an economic entity receives the right to perform certain actions through which the impact on the natural environment is carried out. In the second case, the user of nature, as a participant in environmental legal relations, is forced to fulfill the relevant requirements.

Restorative,tuncompensation, The rules of law provide for a requirement addressed to the offender to restore the disturbed state of the natural environment and compensate not only the costs of compensation for damage, but also the costs of carrying out environmental protection measures.
Punitive imperatives occur in cases of involvement in administrative, civil, disciplinary, property or criminal liability for an environmental offense or crime. The grounds for imposing a penalty are, respectively, the Code of Administrative Offences, civil law, labor legislation or the Criminal Code. For environmental violations committed, enterprises, organizations and institutions bear administrative and civil liability.
Incentive Environmental legal norms relate primarily to economic incentives for environmental protection. Wide range Such standards are provided for by the Law of the Russian Federation “On Environmental Protection”. The law establishes, for example, the possibility of applying tax and other benefits when an enterprise introduces waste-free technology that provides an environmental effect, incentive prices and premiums for environmentally friendly products, preferential lending to enterprises that effectively implement measures to protect the natural environment. Such measures include the removal of environmentally unsafe production complexes from populated areas.
Enabling norms establish the competence of representative, executive and special bodies of the state (the Government of the Russian Federation, republics within the Russian Federation, territories, regions, autonomous entities, local governments, specially authorized bodies) in the field of environmental protection.

Topic Basic principles of environmental protection and rational use of natural resources.

The basic principles of caring for natural resources are set out in international document"The concept of sustainable economic development", adopted at the second UN World Conference on Environmental Protection in Rio de Janeiro in 1992.

In Art. 3 of the Law of the RSFSR “On the Protection of the Natural Environment” formulates the basic principles of its protection, the priority of protecting human life and health, ensuring favorable environmental conditions for life, work and rest of the population; a scientifically based combination of environmental and economic interests of society, providing real guarantees of human rights to a healthy and life-friendly natural environment.

Nature management and environmental protection are two sides of the same human activity. In Art. 42 of the Constitution of the Russian Federation enshrines the right of citizens to a favorable environment; in the Law of the RSFSR “On the Protection of the Natural Environment” in Section 2 “The right of citizens to a healthy and favorable environment” the environmental rights of citizens are formulated for the first time.

The Decree of the President of the Russian Federation of February 4, 1994 “Basic provisions of the state strategy for environmental protection and sustainable development” provides for a balanced solution to the problems of socio-economic development for the future and the preservation of a favorable state of the environment and natural resource potential in order to meet the vital needs of the population.

Environmental problems are not limited to individual countries or regions - they have become global. The need to solve them on a planetary scale requires combining the efforts of the international community and developing international cooperation for the purpose of environmental protection.

Rational use of resources assumes as a basis the study of all aspects of environmental management. Engineering and environmental research involves identifying and studying with a view to developing environmental protection measures to ensure: rational use of mineral resources and protection of subsoil for the mining industry and processing enterprises; protection of land resources; protection of water resources; atmospheric protection; organizing control over the state of the natural environment for all types of industry.

Scientists envisage comprehensive monitoring, which is understood as a system of continuous observations and control over the state of the natural environment, which consists of three stages: observation, condition assessment and forecast possible changes. Monitoring carries out observations of anthropogenic changes, as well as the natural state of nature, so that there are objects for comparison when assessing anthropogenic changes. Local sanitary-toxicological, regional and global environmental monitoring are proposed. Background monitoring stations are divided into two types: regional and basic. Regional stations are designed to monitor the situation in large regions, such as Europe or North America, where the overall background level of pollution is very high. At base stations, observations are made of the slowest processes, the consequences of which can be the most dangerous, since they are more difficult to isolate due to their inertia, but cover the entire planet. Space monitoring allows you to very effectively monitor atmospheric pollution and the state of the earth's surface. Multichannel spectrozonal photography allows you to record changes in optical density, clearly highlighting cities, industrial centers and their surroundings, since the atmosphere here contains much more various particles and gases, and the snow cover is darker. The transfer of particles over very long distances during dust storms on the African continent has been repeatedly observed, in Central Asia and in other areas of the Earth. Dust emissions from volcanic eruptions are clearly recorded.

A special place belongs to the economic assessment of natural resources, i.e., the determination of their monetary or commodity value in absolute or relative terms.

This problem arose relatively recently, about two decades ago. Initially to replace natural indicators quantitative and qualitative characteristics of natural resources (volume of reserves, productivity, thickness of layers, depth of occurrence, etc.) received a score (production, technological). It is aimed at comparing homogeneous natural resources from the point of view of the favorableness of their use for one purpose or another. Its indicators are points, categories, degrees (forests of 1-5 quality classes, lands of 1-10 categories).

One of the most important tasks of economic assessment is to determine the material damage caused to society when natural resources are withdrawn from economic circulation. Economic assessment underlies payment for environmental management, which creates a material interest for enterprises in the rational use of natural resources and improvement technological processes in order to reduce waste released into the environment.

One of the elements of the economic mechanism of rational management in the field of environmental management and environmental protection is environmental management planning.

The main purpose of planning is to ensure economical and comprehensive use and, possibly, to increase resource potential countries.

The cost of environmental degradation or environmental protection cannot be considered statically. Pollutants accumulate over time, and only after this time can the full extent of the damage become apparent.

Not only the damage, but also the cost of environmental protection must be considered prospectively. Environmental activities are very capital intensive. It takes several years to accumulate capital (for example, construction of water treatment plants and sewerage). Adaptation production processes, changes in industry structure, relocation of firms require one to two decades. Therefore, environmental policy must be pursued continuously.

In addition, control over the use of natural resources and the level of environmental pollution is provided. For example, monitoring compliance with maximum permissible standards biological pollution is conducted by the sanitary and epidemiological service. It has the right to issue mandatory orders to suspend or close enterprises, laboratories and other facilities if they violate established standards and rules for protecting the natural environment from harmful biological effects.

Security

With regard to renewable resources, it is required that their exploitation be carried out at least within the framework of simple reproduction, and their total quantity does not decrease over time. In Russia, over the past 15 years, the volume of felling has increased many times (timber is one of the budget revenue items), and forest planting has not been carried out at all during this period. At the same time, to restore forests after felling, forest plantings of two or three times the area are required: forests grow slowly, for the full reproduction of overmature trees, i.e. suitable for industrial use forests require 35-40 years.

Requires careful treatment and protection land resources. More than half of Russia's land fund is located in the permafrost zone; Agricultural lands in the Russian Federation occupy only about 13% of the area, and every year these areas are reduced as a result of erosion (destruction of the fertile layer), misuse (for example, for the construction of cottages), waterlogging, mining (industrial deserts appear in place of agricultural lands ). To protect against erosion use:

Forest shelterbelts;

Plowing without turning over the formation;

In hilly areas - plowing across the slopes and tinning the land;

Regulation of livestock grazing.

Disturbed, contaminated lands can be restored; this process is called reclamation. Such restored lands can be used in four ways: for agricultural use, for forest plantations, for artificial reservoirs and for housing or capital construction.

The protection of water resources is one of the most important environmental problems of our time. It is difficult to overestimate the role of the ocean in the life of the biosphere, which carries out the process of self-purification of water in nature with the help of plankton living in it; stabilizing the planet's climate, being in constant dynamic equilibrium with the atmosphere; producing huge biomass. But for life and economic activity, people need fresh water. The rapid growth of the planet's population and the rapid development of the world economy have led to a shortage of fresh water not only in traditionally dry countries, but also in those that were recently considered quite water-rich.

Finally, one of the most important problems of our time is the pollution of both the World Ocean and freshwater sources. Currently, wastewater pollutes more than a third of the world's river flows. There is only one conclusion from all that has been said: it is necessary to strictly conserve fresh water and prevent its pollution.

Development

In the modern world, one of the main tasks is the task scientific development most effective use and consumption of natural resources and the application of economically feasible and rational methods for the prevention and elimination of pollution and environmental destruction. These two sides, expressing the ecological and economic nature and essence, contain a broad and complex system of measures that ensure economy directly in the process of environmental management. That is, the consumption of fewer natural raw materials to obtain a unit of the final product, and also involves scientifically based minimization of costs for environmental protection and improvement of environmental quality surrounding a person environment. Thus, the efficiency of environmental management is the effectiveness of the socio-economic and environmental performance of the use of natural resources and the exploitation of the natural environment.

In this regard, it is necessary to create and implement new technologies that will increase the share of extracted oil, coal, ores, metals and other resources. Naturally, this requires considerable funds. This can be seen most clearly in the mining industry. In our country, the number of “unpromising” flooded mines is multiplying, which, with skillful exploitation, could still produce production, oil wells and drilling rigs abandoned in the tundra (it’s cheaper to drill new ones in order to quickly recoup the costs and pump, pump, and then abandon them, leaving them in the depths more than 30% fossils).

More to the task complete extraction from the depths there is another one - the integrated use of mineral raw materials. As a rule, no single metal occurs alone in nature. Analysis of some ores of the Urals showed that in addition to the main mined metal (for example, copper), they contain a large amount of rare and trace elements, and their cost often exceeds the cost of the main material. However, this valuable raw material very often remains in dumps due to the lack of technology for its extraction.

Conversion

Issues of conservation of natural resources and their compensation are directly related to cultural land use. Existing methods of rational transformation of the natural human environment are explored, promising forms of intraspecific and regional changes are highlighted. The rationalization of environmental transformation is associated with such new forms of protection and use of ecosystems as National parks and natural parks. Analyzing the meaning of these forms, the recreational use of forest areas is highlighted, taking into account not only pragmatic objectives, but also their aesthetic meanings. A special place in rational environmental management is given to optimizing the relationship between man and the natural world as an area of ​​improving the technology of cultural-transformative activities for the use and processing of biosphere resources. Attention is also paid to the technique of organizing national parks as aesthetically valuable objects.

Although, according to the traditional definition, conservation is understood as a certain constancy in the natural environment, achieved by purposeful cultural activity, however, in objective reality, both the laws of nature itself and the influence of people who subject the natural environment to transformations in practical processes exclude the possibility of conservation of what has been achieved, which denies development and movement within the “society-nature” system.

In all areas of activity related to the transformation of living nature and landscape according to the laws of beauty - from the breeding of new varieties of decorative flora, the aesthetic organization of agricultural areas to chamber forms of garden art - the principle of spatial unity is manifested as important condition preserving the natural human environment.

Society, being part of the global system, has a significant impact on the qualitative side of the system as a whole. The entire history of mankind is an instructive description of its activities to transform living nature in the conditions of its development.

New forms of creatively transformed, artificially designed nature are emerging. Individual forms landscape gardening art are becoming an independent part of the urban landscape, revealing a tendency towards further evolution based on a different functional value. A special dendrodecoration genre is being formed in the system of nature-creating activities, which subsequently has a strong influence on the design of rural regions.

A qualitative leap in the art of nature creation is associated with the emergence of landscape thinking. Together with it, the practice of transforming nature according to the laws of beauty receives a new impetus for development.

Planning of nature-transforming activities on a society-wide scale and reasonable control on the part of society open up endless prospects for nature conservation.

Today we can already talk about a system formed in environmental management consisting of three complexly related components: industry included in production; arenas of action - nature; creative activity of people. In society, conditions are created on a national scale to overcome the negative impact of industrialization on nature, to increase the role of production as an accelerator of natural processes, a decisive environmental force. The creativity of the broad masses in these conditions is aimed both at optimizing the process of using natural and technical resources, and at the artificial aestheticization of the natural environment.

Optimizing connections with nature is becoming an important principle in the nature-transforming activities of society. Here, methods of functioning of the “society-nature” system are formed, which provide, with the least expenditure of funds, useful results in terms of both preserving the natural environment and satisfying social interests; a scientifically based optimal strategy is being developed, allowing one to choose from many options that contribute to the gradual development of the natural environment. systems as a whole. An example would be national parks, game reserves, nature reserves, where practical, scientific and recreational objectives do not conflict, and measures to solve them complement each other.

Consequently, the time has come to radically change the very approach to the concept of profitability when it comes to environmental management.

From the National Action Plan for Environmental Protection of the Russian Federation for 1999-2001, which were reviewed at a meeting of the Government of the Russian Federation on November 12, 1998 and recommended to executive authorities for use in practical environmental protection activities

Atmospheric air

The largest group of the population (15 million people) is exposed to suspended substances, the second largest group of exposure is benzo(a)pyrene - 14 million people. More than 5 million people live in territories with increased content in the air there is nitrogen dioxide, hydrogen fluoride, carbon disulfide, more than 4 million people - formaldehyde and carbon monoxide, more than 3 million people - ammonia, styrene.

A significant portion of the population (more than 1 million people) is exposed to increased concentrations benzene, nitrogen oxide, hydrogen sulfide, methyl mercaptan.

In 1996, the list of cities with highest level air pollution (their pollution index - IZ A is at least 14) included 44 cities: Moscow, Novosibirsk, Yekaterinburg, Samara, Omsk, Chelyabinsk, Rostov-on-Don, Saratov, Krasnoyarsk, Tolyatti, Krasnodar, Irkutsk, Khabarovsk, Novokuznetsk , Ulyanovsk, Kemerovo, Lipetsk, Magnitogorsk, Nizhny Tagil, Kurgan, Ulan-Ude, Vladimir, Makhachkala, Stavropol, Angarsk, Volzhsky, Bratsk, Biysk, Blagoveshchensk, Norilsk, Novorossiysk, Syzran, Solikamsk, Yuzhno-Sakhalinsk, Ussuriysk, Abakan, Birobidzhan, Kyzyl, Novomoskovsk, Cheremkhovo, Novodvinsk, Zima, Shelikhov.

Water resources

Almost all surface water supplies in last years exposed to contamination. A particularly unfavorable situation with providing the population with good-quality drinking water has developed in Buryatia, Dagestan, Kalmykia, Primorsky Krai, Arkhangelsk, Kaliningrad, Kemerovo, Kurgan, Tomsk, Yaroslavl regions.

Among the main rivers of Russia, the Volga, Don, Kuban, Ob, and Yenisei are characterized by the greatest environmental problems. They are rated as "contaminated". Their large tributaries: Oka, Kama, Tom, Irtysh, Tobol, Miass, Iset, Tura - are assessed as “heavily polluted.”

Soils and land use

As part of Russian agricultural land, erosive-hazardous soils and susceptible to water and wind erosion occupy more than 125 million hectares, including eroded soils - 54.1 million hectares. Every third hectare of arable land and pastures is eroded and requires measures to protect against degradation.

Pollution and littering of land are noted on 54% of the country's territory. The area under landfills for waste disposal and disposal is about 6.5 thousand hectares, under authorized landfills - about 35 thousand hectares. The area of ​​land disturbed during mining and processing of minerals, geological exploration, peat mining and construction in 1996 amounted to about 1 million hectares.

Cities change the environmental situation not only within their own borders. The zones of influence of cities extend for tens of kilometers, and for large industrial agglomerations - for hundreds, for example, Sredneuralskaya - 300 km, Kemerovo and Moscow - 200 km, Tula - 120 km.

Over 90% of emergency oil spills cause severe and largely irreversible damage to complexes.

Vegetable and animal world

Compared to the 1995 level, the total volume of reforestation in Russia as a whole decreased by 344 thousand hectares. In the Caspian region, there remains a real threat of the spread of desertification, especially in Kalmykia, in Stavropol region and Rostov region. The problems of preserving tundra vegetation, which occupies about a third of the territory of the Russian Federation, have not been resolved.

In cities, the level of provision of green space per capita does not meet accepted standards.

In 1997, the list of animals listed in the Red Book of the Russian Federation increased by 1.6 times.

Subsoil use

In the mining sector, environmental protection measures are practically not recorded. In the oil fields in 1996, more than 35 thousand accidents related to the violation of the tightness of pipeline systems occurred. A decrease in reliability and an increase in the accident rate of pipeline systems may become a landslide in 3-4 years.

I would like to draw the reader’s attention to the fact that Magnitogorsk is included in the official list of cities in the Russian Federation with the highest level of air pollution; the Miass River flows through the territory adjacent to the city and is characterized in the National Plan by the greatest environmental problems; the zone of influence of a large industrial agglomeration extends over 300 km. Ecological problems Russia entails general hygienic problems, which highlight the need for a comprehensive study of the aspects of “Environmental Hygiene - Health”.

The principles of environmental legislation enshrined in Article 3 of the Federal Law “On Environmental Protection” are its main principles, guiding ideas and provisions that determine the general direction and specific content of legal regulation in this area. The principles extend their effect to a wider area of ​​social life than legal norms. As a rule, one principle is reflected and embodied in a number of individual norms. In combination with the sphere of life, methods, sources and legal regimes, the principles inherent in a particular branch of law create a special regime of legal regulation, which is the most comprehensive characteristic of this industry. The principles of a branch of law most clearly express its specificity: it is enough to familiarize yourself with these principles in order, without knowing anything else about this branch, to form an adequate idea of ​​its system, social purpose, goals and objectives, and means of solving them.

The principles of legislation serve as a guideline for lawmaking and law enforcement activities of state authorities and local governments. Compliance with the principles of legislation ensures the normal and uniform development and functioning of the entire Russian legal system as a whole. The Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation in their decisions often remind us of the need to use the principles of law, since the latter can be a source of law when gaps are discovered in it.

The first in Article 3 is the principle of respect for the human right to a favorable environment. It is no accident that this principle is given first place in the law. In accordance with Art. 2 of the Constitution of the Russian Federation, “man, his rights and freedoms are the highest value.” Consequently, in the context of environmental legislation, the right to a favorable environment is of the highest value.

The Law (Article 1) defines a favorable environment as “an environment whose quality ensures the sustainable functioning of natural ecological systems, natural and natural-anthropogenic objects.” Thus, the right to a favorable environment has a fairly broad content: it is not limited to the human right to environmental well-being in the places where his daily life takes place. Everyone has the right to demand respect for ecological balance not only in the area of ​​their immediate residence, but also in other, even remote, places on the planet. The right to a favorable environment as a subjective legal right is ensured by judicial protection. Violations of this principle may be appealed in court or administrative proceedings.

Providing favorable conditions for human life. This principle differs in content from the previous one. It involves creating for each person the most comfortable living environment, not only in an environmental sense, but also in all other respects. Compliance with this principle means that the performance of any action must be assessed in terms of how this action affects the livelihoods of other people. The behavior of a particular subject - an individual, a social group, a social organization, including the state - in one way or another affects others. From this point of view, socially unjustified are those acts that create an obstacle to the existence and activities of other social entities. Let us pay attention: in the legislative formulation we are talking specifically about the life activity of a person, and not society. Thus, the interests of the individual are taken as a criterion, which are always more concrete and tangible than the interests of society. In addition, we mean all living conditions, including social, economic, cultural, etc.

A scientifically based combination of environmental, economic and social interests of man, society and the state in order to ensure sustainable development and a favorable environment. Here, for the first time, the principle of sustainable development is enshrined at the legislative level. The idea of ​​sustainable development is often given a purely ecological content, which is not entirely correct. In reality, sustainable development and a favorable environment are far from the same thing, which is reflected in the text of this principle. Sustainable development as a certain social ideal has a pronounced systemic, integrative character. The environmental component comes to the fore because it was in the concept of sustainable development that for the first time due attention was paid to the problem of human interaction with nature.

Sustainable development presupposes harmonious, synchronous and coordinated progress in all areas of social life. None of the areas of development should come at the expense of other areas. For a long time, this truth was clearly insufficiently realized, as a result of which there was a sharp disharmony in certain spheres of social development, when technological progress surged far ahead, overtaking cultural and social dynamics and completely ignoring natural factors.

Sustainable development does not mean that it is now necessary to devote all efforts to protecting the environment, sacrificing all technical and economic achievements for this. On the contrary, we should look for ways to further develop society in which it would be possible to achieve equal success in all these areas, moreover, so that they support and mutually stimulate each other. Therefore, the law talks about the optimal combination of environmental, economic and social interests, as well as the interests of the individual, society and the state (in this case, human interests, as mentioned above, are primary). The difficulty of realizing this social ideal is obvious, as is the fact that this goal can only be achieved through scientific means.

Protection, reproduction and rational use of natural resources as necessary conditions for ensuring a favorable environment and environmental safety. Natural resources, according to Art. 1 of the Federal Law “On Environmental Protection” are such components of the natural environment, natural and natural-anthropogenic objects that are used or can be used in economic or other activities as sources of energy, production products and consumer goods and have consumer value. The concept of natural resources, therefore, contains an assessment of natural phenomena from the point of view of their exploitation by humans.

The protection of natural resources is an activity to protect them from negative impacts, prevent such impacts and eliminate their consequences. Reproduction is an activity to replenish lost and spent resources. Rational use of natural resources is their consumption that does not exceed the limits of what is necessary, does not lead to irreversible depletion of resources, and leaves the opportunity for their restoration and increase.

All this is a condition for achieving environmental safety, which is a state of protection of the natural environment and vital human interests from the possible negative impact of economic and other activities, natural and man-made emergencies, and their consequences. In the legislative definition of environmental safety, trends appear that have already been mentioned above: the first of them is that the interest of the individual, rather than the social community, is put at the forefront. The second trend is to give environmental categories a broader meaning than usual; in this case, for example, environmental safety actually includes the protection of any vital human interests from any negative consequences of any type of activity.

Responsibility of state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation, local governments for ensuring a favorable environment and environmental safety in the respective territories. Here we are talking not so much about legal responsibility for an offense, but about the social responsibility of authorities to society. There is a distribution of powers between different levels of government for environmental protection. Each of these levels is responsible for the proper implementation of its powers.

Thus, responsibility is distributed according to the subjects of jurisdiction, as well as on a territorial scale (“in the relevant territories”): local authorities are responsible for the state of the environment in the territory of the municipality, regional authorities - at the level of the subject of the federation, federal authorities - throughout the territory of the municipality. countries. Thus, a triple system of environmental authorities must operate in any individual area of ​​Russian territory. But this requires that all three levels of government exercise their powers in a mode of mutual support and cooperation. Instead, in practice, there is a high degree of conflict in their relations and a desire to shift the implementation of environmental functions to each other.

Payment for environmental use and compensation for environmental damage. Environmental management refers to any economic and other activities related to the use of natural resources or affecting the state of the environment. In the future, the law mainly talks about paying for negative impacts on the environment. Thus, negative impact on the environment is not completely prohibited, which would be unrealistic - it is allowed, but within strictly defined limits and on a reimbursable basis. Payment of this fee does not exempt entities from carrying out environmental protection measures and from compensation for damage to the environment. Compensation for damage caused to the environment is regulated in Articles 77-78 of the Federal Law “On Environmental Protection”.

Independence of control in the field of environmental protection. Environmental control in legislation is understood as a system of measures aimed at preventing, identifying and suppressing violations of legislation in the field of environmental protection, ensuring compliance by economic and other entities with regulatory requirements in the field of environmental protection.

Thus, control activities in their content are of a law enforcement nature; The emphasis is placed precisely on monitoring the implementation of legal acts. As for the principle of independence of control, we are talking, first of all, about the fact that the controlling entities must be independent from the controlled ones, not be subordinate to them and not be subject to pressure from them.

Presumption of environmental danger of planned economic and other activities. Presumption is a special technique of legal technique when something is considered legally recognized until the contrary is proven. In this case, it is meant that any economic activity should be considered as a potential threat to the environment until there is confidence to the contrary. But here, too, the scope of the principle is unjustifiably expanded due to the fact that the environmental danger of not only economic, but also “other” activities is declared. In fact, there are a huge number of activities that cannot initially cause damage to the environment (for example, conducting sociological surveys, giving lectures, writing literary works, etc.). Naturally, there can be no question of a presumption of environmental danger for such types of activities. Therefore, this principle requires a restrictive interpretation.

Mandatory environmental impact assessment (EIA) when making decisions on economic and other activities. EIA is an activity to identify, analyze and take into account the direct, indirect and other consequences of the environmental impact of a planned economic and other activity in order to make a decision on the possibility or impossibility of its implementation. However, a literal interpretation of this principle also leads to the conclusion that environmental impact assessment must precede the commencement of any human activity, which is neither practical nor feasible. We are talking here, apparently, only about activities that, at least theoretically, can have any impact on the environment.

Mandatory verification of projects and other documentation justifying economic and other activities that may have a negative impact on the environment, create a threat to the life, health and property of citizens, for compliance with the requirements of technical regulations in the field of environmental protection. In 2006, this principle replaced the principle of mandatory state environmental assessment of project documentation justifying economic and other activities. Since January 1, 2007, design documentation for capital construction projects has been the subject of a comprehensive state examination carried out in accordance with the legislation on urban planning activities. Article 3 of the Federal Law “On Environmental Protection” specifies cases of mandatory inspection of projects and other documentation - when the projected activity may have a negative impact on the environment, as well as cause harm to the life, health or property of citizens. At present, this principle cannot yet be implemented, because All technical regulations in the field of environmental protection have not yet been developed and adopted.

Taking into account the natural and socio-economic characteristics of territories when planning and implementing economic and other activities. The point is that each section of Russian territory is unique in its own way and in some way different from others. Differences may lie in the nature of the area, its level of population, climatic conditions, soil fertility, state of the environment, the presence of certain natural objects, the composition of flora and fauna, etc. Economic and other activities subject to environmental and legal assessment should not ignore the specifics of the territories in which it is planned to be carried out. Environmental legislation obliges, when organizing economic activity, to take into account not only its own interests, but also the interests of the natural and social environment where this activity is carried out.

The priority is to preserve natural ecological systems, natural landscapes and natural complexes. According to Article 1 of the Federal Law “On Environmental Protection”, a natural ecological system is 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 the exchange of matter and energy.

A natural complex is a complex of functionally and naturally interconnected natural objects, united by geographical and other relevant characteristics.

Natural landscape is a territory that has not been changed as a result of economic and other activities and is characterized by a combination of certain types of terrain, soils, and vegetation formed under the same climatic conditions.

As can be seen from the above definitions, the common distinctive features of natural ecological systems, natural landscapes and natural complexes are their natural character and consistency. They develop and function in nature objectively, regardless of human will, and at the same time they represent a special inextricable connection of natural phenomena, from which not a single component can be removed. Hence the special importance of caring for ecosystems, natural landscapes and complexes: sometimes one awkward intervention is enough to disrupt the complex interaction of elements and begin an irreversible process with the most severe environmental consequences. Therefore, the priority of preserving natural ecosystems, natural landscapes and natural complexes has been established by law, which means the need to maintain their functioning in a mode as close as possible to natural, and a ban on actions that could negatively affect their condition.

The permissibility of the impact of economic and other activities on the natural environment based on the requirements in the field of environmental protection. This is a general rule according to which any human activity that has an impact on the environment should be carried out. Such an impact is inevitable, because the social life of humanity is inseparable from the natural environment; in the same way, the influence of nature on the activities of society is inevitable. Society is not able to completely protect nature from its influence, but it can quite reasonably limit this influence, which is dictated at least by the interests of self-preservation - after all, the reverse reaction of nature will not be slow in waiting.

Thus, impact on the environment is legally permitted, but only within certain limits established by regulations and other generally binding environmental requirements.

Ensuring the reduction of the negative impact of economic and other activities in accordance with standards in the field of environmental protection, which can be achieved through the use of the best existing technologies, taking into account economic and social factors. This principle requires not only compliance with existing standards in the field of environmental protection, but also something more - constantly striving to reduce the negative anthropogenic impact on the environment. In other words, if there is an opportunity to improve a particular activity in the direction of reducing its impact on the environment, this opportunity should be taken.

Under "best available technology" in Art. 1 of the Federal Law “On Environmental Protection” is understood as a technology based on the latest achievements of science and technology, aimed at reducing the impact on the environment and having a set period of practical application, taking into account economic and social factors. The reference to socio-economic factors means that the best existing technology must be optimal not only from an environmental point of view, but also in the sense of its economic feasibility and practical feasibility, otherwise such a technology simply cannot be introduced and will not demonstrate its useful qualities.

Mandatory participation in environmental protection activities of government bodies of the Russian Federation, constituent entities of the Russian Federation, local governments, public and other non-profit organizations, legal entities and individuals. The legislative formulation of this principle is extremely unfortunate.

Firstly, all possible subjects of legal relations are listed, which raises the question: in whose environmental protection activities should they participate? Apparently, in each other's activities.

Secondly, for whom is this participation obligatory? As far as is known, there are no legal mechanisms for the forced involvement of individuals or public organizations in environmental activities.

Apparently, this principle refers to the need to unite the efforts of all subjects of public life in order to jointly solve environmental problems. However, the imperfection of legislative expression deprives this principle of legal certainty and makes its successful operation problematic.

Conservation of biological diversity. We must not forget that life on Earth is represented by an almost infinite variety of forms and media. The greatest mistake of man is to attribute independent value only to himself, of all these carriers. Any biological species has the same unconditional significance for nature as humanity. However, it is man who bears increased responsibility for the fate of all other biological species, since not a single living creature is capable of such a destructive effect on nature as man. Not a single living creature can independently protect itself from this influence. Therefore, it is necessary to protect other biological species from degradation and extinction, create decent living conditions for them, and take measures to support rare and endangered species.

Providing an integrated and individual approach to establishing requirements in the field of environmental protection for economic and other entities carrying out such activities or planning to carry out such activities. This principle reflects a certain variability of environmental and legal regulation. Of course, there must be strict and uniform rules for environmental management and conservation for everyone, but a differentiated approach to individual situations is also necessary. In each specific case, when environmental and legal qualification is necessary, it is necessary not only to comply with general requirements in the field of environmental protection, but also to take into account the features characteristic of a specific territory, specific natural objects, specific types of activities, economic entities, etc. There cannot be absolute unification in legal assessment - it depends on the individual combination of environmentally and legally significant factors. But in any case, the differentiated approach must correspond to the integrated one, developing and specifying it, but not replacing it.

Prohibition of economic and other activities, the consequences of which are unpredictable for the environment, as well as the implementation of projects that may lead to the degradation of natural ecological systems, changes and (or) destruction of the genetic fund of plants, animals and other organisms, depletion of natural resources and other negative changes environment. This provision formulates a general rule about which specific actions in relation to the environment are legally unacceptable. Unfortunately, this time too, flaws in legislative technology make it difficult for the legal principle to operate effectively. First of all, any activity whose results are unpredictable for the environment is prohibited. But unpredictability is largely a subjective concept: as we know, there cannot be an absolutely accurate forecast, much less it is impossible to assess its reliability before the predicted event occurs.

On the other hand, there is no activity for which a forecast would be completely impossible. Therefore, everything is to some extent predictable and to some extent unpredictable. Several types of consequences are more or less clearly identified, the possibility of which the legislator considers to be grounds for prohibiting the relevant activity. This is a gross violation of the systematicity and integrity of the functioning of natural objects, a significant deterioration in their condition, a serious quantitative decrease. However, “other negative environmental changes” are also added to this. It turns out that any negative impact on the environment is completely prohibited. This ban is not only unenforceable, but also contradicts other principles of environmental law, in particular, the principle of payment for the use of natural resources (negative impact on the environment is prohibited, and at the same time, in accordance with Article 16 of the Federal Law “On Environmental Protection” is paid) .

Respect for the right of citizens to receive reliable information about the state of the environment, as well as the participation of citizens in decision-making regarding their rights to a favorable environment, in accordance with the law. The right to reliable information about the environment is specifically enshrined in Article 42 of the Constitution of the Russian Federation. In addition, in accordance with Part 2 of Article 24 of the Russian Constitution, state and local government bodies and their officials are obliged to provide everyone with the opportunity to familiarize themselves with documents and materials that directly affect their rights and freedoms, unless otherwise provided by law. This serves as a sufficient legal basis for any citizen to request and receive from the authorities the data they have on the state of the environment, since this information most directly affects one of the constitutional human rights - the right to a healthy environment. The exception is information that constitutes a state secret. However, the very practice of mass classification of materials on the state of the environment must be recognized as a violation of constitutional human rights and the principles of environmental law.

In addition to receiving information, citizens also have the right to participate in decision-making regarding their rights to a healthy environment. The legal possibilities for such participation are quite diverse - these are elections to state and municipal bodies, initiation of a referendum and participation in it, gatherings and meetings of citizens, the right to appeal to authorities with complaints, comments and suggestions, conducting a public environmental assessment, etc.

Responsibility for violation of environmental legislation. In accordance with the general legal principle of the inevitability of legal liability, a legal sanction (coercive measure) must be applied in all cases where it is established as a mandatory consequence of an offense. Environmental law is no exception. At the same time, liability for environmental violations is provided not only by environmental legislation: it is also regulated by civil, administrative and criminal law. Each type of legal liability has its own goals, its own scope, its own offenses, its own grounds for application and types of sanctions imposed.

Organization and development of the environmental education system, education and formation of environmental culture. Environmental education is an activity aimed at developing knowledge, skills and value orientations in the field of environmental protection among the population. This activity is carried out both through the existing system of educational institutions, whose curricula include environmental disciplines, and in the form of educational events - seminars, open events, publications of environmental materials in the media, publication and distribution of popular literature on ecology, promotion of environmental knowledge and values ​​in works of art and in many other ways. The result of effective environmental education and upbringing should be the formation of an environmental culture - a certain high level of knowledge and attitude towards the environment, meaningful experience of interaction with the environment, ensuring environmental well-being and sustainable development.

Essentially, this principle is not and cannot be of a legally imperative nature, but represents only a certain desire of the state, a certain program of action, a “declaration of intent.” It is disclosed in more detail in Chapter XIII of the Federal Law “On Environmental Protection,” which is called “Fundamentals of the Formation of an Environmental Culture.”

Participation of citizens, public and other non-profit associations in solving environmental problems. In fact, this is already the third principle, which enshrines the same thing - the possibility of citizens’ participation in environmental protection activities (previously this was formulated as “the mandatory participation in environmental protection activities of state authorities of the constituent entities of the Russian Federation, local governments, public and other non-profit organizations , legal entities and individuals,” as well as “the participation of citizens in decision-making regarding their rights to a favorable environment.”

As for public and other non-profit associations, Article 12 of the Federal Law “On Environmental Protection” is devoted to their activities in environmental protection. Among the most important forms of such activities are the development, promotion and implementation of environmental programs, organizing the protection of citizens' rights, involving citizens in environmental activities, organizing meetings, rallies, demonstrations, processions and other public events, organizing public environmental assessments, holding public hearings on environmentally significant issues. projects, etc.

International cooperation in the field of environmental protection. Such cooperation is carried out in the form of implementing joint projects aimed at protecting specific territories and other natural objects; in the form of financial support for certain environmental activities from abroad; in the form of joint environmental research and exchange of results of scientific research in the field of environmental protection methods, etc. The most important legal form of international cooperation is the conclusion of bilateral and multilateral international treaties in the field of environmental protection, as well as Russia’s participation in the activities of international environmental organizations. In Art. 82 of the Federal Law “On Environmental Protection” contains a rule based on Part 4 of Art. 15 of the Russian Constitution, which recognizes the priority of Russia’s international obligations over its internal regulations. According to Part 2 of Article 82 of the Federal Law “On Environmental Protection”, if an international treaty provides for something other than Russian environmental legislation, then the norms of the international treaty are applied. At the same time, part 1 of the same article of the Federal Law “On Environmental Protection” provides for two forms of action of international treaties in the field of environmental protection: if such an agreement does not require the adoption of special regulations, then its provisions are applied directly; otherwise, in addition to the agreement, it is issued a corresponding legal act that develops its provisions and is applied along with it.

In the Russian Federation, when conducting economic and other activities by state authorities, local governments, legal entities and individuals that have an impact on the environment, the following principles of environmental protection must be observed:

Respect for the human right to a favorable environment;

Providing favorable conditions for human life;

Protection, reproduction and rational use of natural resources as necessary conditions for ensuring a favorable environment and environmental safety;

Responsibility of state authorities and local governments for ensuring a favorable environment and environmental safety in the respective territories;

Payment for environmental use and compensation for environmental damage;

Independence of control in the field of environmental protection;

Presumption of environmental danger of planned economic and other activities;

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

The obligation to carry out, in accordance with the legislation of the Russian Federation, verification of projects and other documentation justifying economic and other activities that may have a negative impact on the environment, create a threat to the life, health and property of citizens, for compliance with the requirements of technical regulations in the field of environmental protection (ecological expertise);

Priority of conservation of natural ecological systems, natural landscapes and natural complexes;

Ensuring a reduction in the negative impact of economic and other activities on the environment in accordance with standards in the field of environmental protection, which can be achieved through the use of the best existing technologies, taking into account economic and social factors;

Conservation of biological diversity;

Prohibition of economic and other activities, the consequences of which are unpredictable for the environment, as well as the implementation of projects that can lead to the degradation of natural ecological systems, destruction of the genetic fund of plants and animals, depletion of natural resources, etc.;

Participation of citizens in decision-making regarding their rights to a healthy environment;

Organization and development of the environmental education system, education and formation of environmental culture.

3.3. Environmental protection objects and nature conservation management

The following are subject to protection from pollution, spoilage, damage, depletion, and destruction:

The earth, its subsoil, surface and underground waters, atmospheric air, forests and other vegetation, fauna, microorganisms, genetic fund, natural landscapes,

The ozone layer of the atmosphere and near-Earth space.

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

Objects included in the World Cultural Heritage List and the World Natural Heritage List, state nature reserves, nature reserves, national natural parks, natural monuments, rare or endangered species of plants and animals and their habitats, places of traditional residence and economic activities of indigenous 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.

Coordination of the environmental work of associations, enterprises and organizations, regardless of their departmental affiliation, is carried out by state authorities and local governments.

State nature protection bodies, ecology (nature conservation) committees and their local bodies established in 1988 are granted the right to:

a) impose bans on construction, work on the exploitation of natural resources and other work carried out in violation of environmental legislation, as well as suspend the work of industrial and other enterprises that grossly violate the norms and rules of environmental protection;

b) bring claims to enterprises, organizations, citizens, foreign individuals and legal entities for the recovery of funds and compensation for damage caused to the state by environmental pollution and irrational use of natural resources;

c) consider cases of administrative liability for offenses in the field of nature protection and use of natural resources.

A new institute designed to solve many problems of environmental management is environmental expertise.

The objectives of the state environmental assessment are:

Determining the level of environmental hazard of planned and ongoing economic and other activities that may in the present or future directly or indirectly impact the state of the environment and public health;

Verification of compliance of the designed economic and other activities with the requirements of natural legislation;

Determining the sufficiency and validity of the environmental protection measures provided for by the project.

The state environmental assessment is carried out by the bodies of the State Committee for Environmental Protection on the basis of the principles of legality, scientific validity, complexity, transparency and public participation.

Environmental expertise is independent, non-departmental and consists of competent specialists who are not interested in departmentalism or localism. It is equipped with modern equipment and is connected to local government.

Such examinations are created under regional nature protection committees. All projects and programs without exception must undergo environmental assessment, and, at the initiative of local governments, previously adopted programs must also undergo environmental assessment.

The list of objects subject to mandatory state environmental review is constantly expanding:

These are draft state plans, programs, concepts, main directions and schemes for the location of the country's productive forces and economic sectors, pre-planning, pre-project documentation, the implementation of which may have an impact on the state of the environment;

Projects of instructional, methodological and regulatory technical documents, documentation on the creation of new equipment, technologies, materials and substances, including those purchased abroad, products imported into Russia and exported from Russia.

Recently, the environmental situation in the region, operating enterprises and other objects that affect the state of the environment have been subject to examination.

Implementation of a project subject to environmental impact assessment without a positive conclusion from the state environmental impact assessment is prohibited and is not subject to financing.

It should be noted that when locating objects whose economic or other activities may cause harm to the environment, the decision on their placement is made taking into account the opinion of the population or the results of a referendum.