In January 2002, a new federal law “On the Protection of environment" This law replaced the RSFSR Law “On Environmental Protection” natural environment", adopted in 1991. During 2004-2008, changes were made to the law related to clarifying the powers of the constituent entities of the Russian Federation and municipalities in the field of environmental protection.

The Law “On Environmental Protection” consists of 16 chapters:

Chapter I. General provisions.

Chapter II. Fundamentals of environmental management.

Chapter III. Rights and responsibilities of citizens, public and others non-profit associations in the field of environmental protection.

Chapter IV. Economic regulation in the field of environmental protection.

Chapter V. Standardization in the field of environmental protection.

Chapter VI. Environmental impact assessment and environmental expertise.

Chapter VII. Requirements in the field of environmental protection when carrying out economic and other activities.

Chapter VIII. Zones environmental disaster, emergency zones.

Chapter IX. Natural objects under special protection.

Chapter X. State environmental monitoring (state environmental monitoring).

Chapter XI. Control in the field of environmental protection (ecological control).

Chapter XII. Scientific research in the field of environmental protection.

Chapter XIII. Fundamentals of the formation of ecological culture.

Chapter XIV. Responsibility for violation of legislation in the field of environmental protection and resolution of disputes in the field of environmental protection.

Chapter XV. International cooperation in the field of environmental protection.

Chapter XVI. Final provisions.

IN Chapter 1 The federal law provides definitions of basic concepts, including: in the field of regulation, state environmental monitoring, environmental audit, best existing technology, environmental risk and environmental safety. The basic principles of environmental protection are formulated, which allow for the impact of economic and other activities on the natural environment, based on compliance with requirements in the field of environmental protection. At the same time, reducing the negative impact of economic and other activities on the environment should be carried out based on the use of the best existing technologies, taking into account economic and social factors. The law establishes objects for environmental protection from pollution, depletion, and degradation, these include:

Lands, subsoil, soils;

Surface and underground waters;

Forests and other vegetation, animals and other organisms and their genetic fund;

Atmospheric air, the ozone layer of the atmosphere and near-Earth space.

The powers of state authorities of the Russian Federation, constituent entities of the Russian Federation and local governments in the field of relations related to environmental protection are considered in Chapter 2. The division of powers in the sphere of relations related to environmental protection between government bodies of the Russian Federation and government bodies of the constituent entities of the Russian Federation should be carried out on the basis of Agreements between federal bodies executive power and executive authorities of the constituent entities of the Russian Federation, on the transfer of part of their powers on environmental protection issues.

The rights and obligations of citizens, public and other non-profit associations in the field of environmental protection are discussed in chapter 3 law. Every citizen of the Russian Federation has the right to a favorable environment, to its protection from negative impacts caused by economic and other activities, natural and man-made emergencies, to reliable information about the state of the environment and to compensation for damage to the environment. This chapter also defines the rights and obligations of public and other non-profit associations operating in the field of environmental protection, and a system of government measures to ensure the rights to a favorable environment.

Methods of economic regulation in the field of environmental protection, discussed in chapter 4 include:

Conducting an economic assessment of the impact of economic and other activities on the environment;

Providing tax and other benefits for the implementation of the best existing technologies, non-traditional types energy, the use of secondary resources and waste recycling, as well as when implementing other effective measures to protect the environment in accordance with the legislation of the Russian Federation;

Establishment of payment for negative impact on the environment;

Support for entrepreneurial, innovative and other activities (including environmental insurance) aimed at protecting the environment.

The law abolished the system of environmental funds that existed since 1991. The fee for negative impact on the environment (pollution fee) has been retained. It has been determined that business activities carried out for the purpose of environmental protection are supported by the state through the establishment of tax and other benefits. The mechanism of voluntary environmental insurance, which had been in force since 1991, was liquidated.

IN chapter 5 the system of regulation in the field of environmental protection is considered. The law determines that regulation in the field of environmental protection consists of establishing standards for environmental quality, standards for permissible impact on the environment, as well as state standards and other documents. Rationing is carried out in the manner established by the Government of the Russian Federation.

The Law includes standards established in accordance with chemical, physical and biological indicators of the state of the environment.

In order to prevent the negative impact of economic and other activities on the environment, the following standards for permissible environmental impact are established for legal entities and individuals:

Standards for permissible emissions and discharges of substances and microorganisms;

Standards for the generation of production and consumption waste and limits on their disposal;

Standards for permissible removal of components of the natural environment;

Standards for permissible anthropogenic load on the environment.

As one of the elements of environmentally friendly economic activity, the Law introduces voluntary and mandatory environmental certification.

The Federal Law “On Environmental Protection” fundamentally changes chapter 6, dedicated to the state environmental assessment. This chapter, as an independent article of the law, includes an environmental impact assessment, which is carried out in relation to the planned economic and other activities that may have a direct or indirect impact on the environment. Environmental impact assessment is carried out during the development of all alternative options for pre-project, including pre-investment, and project documentation justifying the planned economic and other activities, with the participation of public associations.

Chapter 7 is devoted to environmental protection issues when carrying out economic and other activities and includes the following articles containing requirements in the field of environmental protection during:

placement of buildings, structures, structures and other objects;

design of buildings, structures, structures and other objects;

construction and reconstruction of buildings, structures, structures and other objects;

commissioning of buildings, structures, structures and other objects;

operation and decommissioning of buildings, structures, structures and other objects;

operation of agricultural facilities;

during land reclamation, placement, design, construction, reconstruction, commissioning and operation of reclamation systems and separately located hydraulic structures;

placement, design, construction, reconstruction, commissioning and operation of energy facilities;

placement, design, construction, reconstruction of urban and rural settlements;

use of radioactive substances and nuclear materials;

production and operation of automobile and other Vehicle;

placement, design, construction, reconstruction, commissioning and operation of oil and gas production facilities, processing facilities, transportation, storage and sale of oil, gas and their processed products;

use of chemicals in agriculture and forestry;

production, handling and neutralization of potentially hazardous chemicals, including radioactive, other substances and microorganisms;

management of production and consumption waste;

establishing protective and security zones;

privatization and nationalization of property;

placement, design, construction, reconstruction, commissioning, operation and decommissioning of military and defense facilities, weapons and military equipment.

In Chapter 8 The procedure for declaring and establishing the regime of environmental disaster zones is considered. Environmental protection in emergency zones is established by the federal law on the protection of the population and territories from natural and man-made emergencies and other regulatory legal acts of the Russian Federation.

IN Chapter 9 issues of protection of natural objects are considered. To protect natural objects that have special environmental, scientific, historical, cultural, aesthetic, recreational, health and other valuable significance, a special legal regime is established, including the creation of specially protected natural areas. Lands within the boundaries of territories on which natural objects are located that have special environmental, scientific, historical, cultural, aesthetic, recreational, health and other valuable significance and are under special protection are not subject to privatization.

IN chapter 10 The issues of organizing state environmental monitoring were considered. It is carried out in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation in order to monitor the state of the environment, including the state of the environment in the areas where sources of anthropogenic impact are located and the impact of these sources on the environment, as well as in order to meet the needs of the state, legal entities and individuals in reliable information necessary to prevent and (or) reduce the adverse consequences of changes in the state of the environment.

Chapter 11 The federal law “On Environmental Protection” is devoted to environmental control. In the Russian Federation, state, industrial and public control is carried out in the field of environmental protection. State environmental control is carried out by federal executive authorities and executive authorities of the constituent entities of the Russian Federation. In this case, the list of objects subject to federal state environmental control is determined by the Government of the Russian Federation.

Industrial environmental control is carried out in order to ensure the implementation in the process of economic and other activities of measures for environmental protection, rational use and restoration of natural resources, as well as in order to comply with the requirements in the field of environmental protection established by legislation in the field of environmental protection. Enterprises are required to provide information on the organization of industrial environmental control to the relevant executive authority exercising state environmental control. Public environmental control is carried out by public and other non-profit associations in accordance with their charters, as well as by citizens in accordance with the law.

IN chapter 12 The procedure for conducting scientific research in the field of environmental protection, which is carried out by scientific organizations in accordance with the federal law on science and state scientific and technical policy, is considered.

Chapter 13 dedicated to the formation of environmental culture. In order to develop an environmental culture and professional training of specialists in the field of environmental protection, the law establishes a system of universal and comprehensive environmental education, which includes preschool and general education, secondary, professional and higher professional education, postgraduate professional education, professional retraining and advanced training of specialists, as well as the dissemination of environmental knowledge, including through mass media, museums, libraries, cultural institutions, environmental institutions, sports and tourism organizations. Heads of organizations and specialists responsible for making decisions when carrying out economic and other activities that have or may have a negative impact on the environment must have training in the field of environmental protection and environmental safety.

IN chapter 14 establishes liability for violation of legislation in the field of environmental protection and the procedure for resolving disputes in the field of environmental protection. For violation of legislation in the field of environmental protection, property, disciplinary, administrative and criminal liability is established in accordance with the law.

Thus, economic entities are required to fully compensate for damage to the environment, including projects that have a positive conclusion from the state environmental assessment. Damage to the environment is compensated in accordance with duly approved rates and methods, and in their absence, based on actual costs, taking into account losses incurred, including lost profits. Claims for compensation for environmental damage caused by violation of environmental legislation may be brought within twenty years.

The procedure for limiting, suspending or terminating the activities of legal entities and individuals carried out in violation of environmental legislation has also been changed. If previously supervisory authorities, by their orders, could suspend or terminate the activities of business entities, now demands to limit, suspend or terminate the activities of legal entities and individuals carried out in violation of environmental legislation must be considered by a court or arbitration court.

IN chapter 15 Issues of international cooperation in the field of environmental protection were considered. The Russian Federation carries out international cooperation in the field of environmental protection in accordance with generally accepted principles and norms international law and international treaties of the Russian Federation in the field of environmental protection.

In accordance with the Constitution of the Russian Federation, everyone has the right to a favorable environment, everyone is obliged to preserve nature and the environment, to take care of natural resources, which are the basis for sustainable development, life and activities of peoples living on the territory of the Russian Federation.

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

This Federal Law regulates relations in the sphere of interaction between society and nature that arise during the implementation of economic and other activities related to the impact on the natural environment as the most important component of the environment, which is the basis of life on Earth, within the territory of the Russian Federation, as well as on the continental shelf and in the exclusive economic zone of the Russian Federation.

Chapter I. General provisions

Article 1. Basic concepts

This Federal Law uses the following basic concepts:

environment - a set of components of the natural environment, natural and natural-anthropogenic objects, as well as anthropogenic objects;

components of the natural environment - land, subsoil, soils, surface and underground waters, atmospheric air, vegetable, animal world and other organisms, as well as the ozone layer of the atmosphere and near-Earth space, which together provide favorable conditions for the existence of life on Earth;

natural object - a natural ecological system, natural landscape and their constituent elements that have preserved their natural properties;

natural-anthropogenic object - a natural object changed as a result of economic and other activities, and (or) an object created by man, possessing the properties of a natural object and having recreational and protective significance;

anthropogenic object - an object created by man to meet his social needs and does not have the properties of natural objects;

natural ecological system - an objectively existing part of the natural environment, which has spatial and territorial boundaries and in which living (plants, animals and other organisms) and non-living elements interact as a single functional whole and are interconnected by the exchange of matter and energy;

natural complex - a complex of functionally and naturally interconnected natural objects, united by geographical and other relevant characteristics;

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

environmental protection - the activities of state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation, local governments, public and other non-profit associations, legal entities and individuals, aimed at preserving and restoring the natural environment, rational use and reproduction of natural resources, preventing negative the impact of economic and other activities on the environment and the elimination of its consequences (hereinafter also referred to as environmental activities);

environmental quality - the state of the environment, which is characterized by physical, chemical, biological and other indicators and (or) their combination;

favorable environment - an environment whose quality ensures the sustainable functioning of natural ecological systems, natural and natural-anthropogenic objects;

negative impact on the environment - the impact of economic and other activities, the consequences of which lead to negative changes in the quality of the environment;

Natural resources- components of the natural environment, natural objects and natural-anthropogenic objects that are used or can be used in economic and other activities as sources of energy, production products and consumer goods and have consumer value;

use of natural resources - exploitation of natural resources, their involvement in economic turnover, including all types of impact on them in the process of economic and other activities;

environmental pollution - the entry into the environment of a substance and (or) energy, the properties, location or quantity of which have a negative impact on the environment;

pollutant - a substance or mixture of substances, the quantity and (or) concentration of which exceeds the standards established for chemical substances, including radioactive substances, other substances and microorganisms and has a negative impact on the environment;

standards in the field of environmental protection (hereinafter also referred to as environmental standards) - established standards for environmental quality and standards for permissible impact on it, the observance of which ensures the sustainable functioning of natural ecological systems and preserves biological diversity;

environmental quality standards - standards that are established in accordance with physical, chemical, biological and other indicators for assessing the state of the environment and, if observed, ensure a favorable environment;

standards of permissible impact on the environment - standards that are established in accordance with the indicators of the impact of economic and other activities on the environment and in which environmental quality standards are observed;

standards of permissible anthropogenic load on the environment - standards that are established in accordance with the magnitude of the permissible cumulative impact of all sources on the environment and (or) individual components of the natural environment within specific territories and (or) water areas and, when observed, ensures the sustainable functioning of natural environmental systems and conserve biological diversity;

standards for permissible emissions and discharges of chemical substances, including radioactive, other substances and microorganisms (hereinafter also referred to as standards for permissible emissions and discharges of substances and microorganisms) - standards that are established for economic and other entities in accordance with the mass indicators of chemical substances, including including radioactive and other substances and microorganisms that are allowed to enter the environment from stationary, mobile and other sources in the established mode and taking into account technological standards, and subject to compliance with which environmental quality standards are ensured;

technological standard - a standard for permissible emissions and discharges of substances and microorganisms, which is established for stationary, mobile and other sources, technological processes, equipment and reflects the permissible mass of emissions and discharges of substances and microorganisms into the environment per unit of output;

standards for maximum permissible concentrations of chemical substances, including radioactive, other substances and microorganisms (hereinafter also referred to as standards for maximum permissible concentrations) - standards that are established in accordance with the indicators of the maximum permissible content of chemical substances, including radioactive, other substances and microorganisms in the environment and non-compliance with which may lead to environmental pollution and degradation of natural ecological systems;

standards for permissible physical impacts - standards that are established in accordance with the levels of permissible impact physical factors on the environment and, subject to compliance with which, environmental quality standards are ensured;

limits on emissions and discharges of pollutants and microorganisms (hereinafter also referred to as limits on emissions and discharges) - restrictions on emissions and discharges of pollutants and microorganisms into the environment established for the period of environmental protection measures, including the introduction of the best existing technologies, in order to achieve environmental standards;

environmental impact assessment - a type of 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;

environmental monitoring (ecological monitoring) - a comprehensive system of monitoring the state of the environment, assessing and forecasting changes in the state of the environment under the influence of natural and anthropogenic factors;

state environmental monitoring (state environmental monitoring) - environmental monitoring carried out by state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation;

control in the field of environmental protection (ecological control) - 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 requirements, including standards and regulatory documents, in the field of environmental protection environment;

requirements in the field of environmental protection (hereinafter also referred to as environmental requirements) - mandatory conditions, restrictions or a combination of them imposed on economic and other activities established by laws, other regulatory legal acts, environmental regulations, state standards and other regulatory documents in the field of environmental protection ;

environmental audit - an independent, comprehensive, documented assessment of compliance by a business entity and other activities with requirements, including standards and regulatory documents, in the field of environmental protection, requirements international standards and preparation of recommendations for improving such activities;

best existing technology - technology based on the latest achievements of science and technology, aimed at reducing the negative impact on the environment and having a set period of practical application, taking into account economic and social factors;

environmental harm - a negative change in the environment as a result of its pollution, resulting in the degradation of natural ecological systems and depletion of natural resources;

environmental risk - the probability of an event occurring that has adverse consequences for the natural environment and is caused by negative impact economic and other activities, natural and man-made emergencies;

environmental safety is the state of protection of the natural environment and vital human interests from the possible negative impact of economic and other activities, natural and man-made emergencies, and their consequences.

Article 2. Legislation in the field of environmental protection

1. Legislation in the field of environmental protection is based on the Constitution of the Russian Federation and consists of this Federal Law, other federal laws, as well as other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation adopted in accordance with them.

2. This Federal Law is valid throughout the Russian Federation.

3. This Federal Law applies on the continental shelf and in the exclusive economic zone of the Russian Federation in accordance with international law and federal laws and is aimed at ensuring the conservation of the marine environment.

4. Relations arising in the field of environmental protection as the basis for the life and activities of peoples living on the territory of the Russian Federation, in order to ensure their rights to a favorable environment, are regulated by international treaties of the Russian Federation, this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation.

5. Relations arising in the field of protection and rational use of natural resources, their conservation and restoration are regulated by international treaties of the Russian Federation, land, water, forestry legislation, legislation on subsoil, wildlife, and other legislation in the field of environmental protection and natural resource management.

6. Relations arising in the field of environmental protection, to the extent necessary to ensure the sanitary and epidemiological well-being of the population, are regulated by legislation on the sanitary and epidemiological well-being of the population and legislation on health protection, otherwise aimed at ensuring a favorable environment for humans legislation.

Article 3. Basic principles of environmental protection

Economic and other activities of government bodies of the Russian Federation, government bodies of constituent entities of the Russian Federation, local government bodies, legal entities and individuals that have an impact on the environment must be carried out on the basis of the following principles:

respect for the human right to a healthy environment;

ensuring favorable conditions for human life;

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;

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

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;

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;

mandatory state environmental assessment of projects and other documentation justifying economic and other activities that may have a negative impact on the environment, create a threat to the life, health and property of citizens;

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

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

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

ensuring 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;

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;

conservation of biological diversity;

ensuring integrated and individual approaches 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;

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;

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;

liability for violation of environmental legislation;

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

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

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

Article 4. Environmental protection objects

1. Objects of environmental protection from pollution, depletion, degradation, damage, destruction and other negative impacts of economic and other activities are:
land, subsoil, soil;

surface and groundwater;

forests and other vegetation, animals and other organisms and their genetic fund;

atmospheric air, the ozone layer of the atmosphere and near-Earth space.

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

3. Objects included in the World Cultural Heritage List and the World Natural Heritage List, state natural reserves, including biosphere reserves, state nature reserves, natural monuments, national, natural and dendrological parks, are subject to special protection. botanical gardens, medical and recreational areas and resorts, other natural complexes, ancestral habitats, places of traditional residence and economic activity of indigenous peoples of the Russian Federation, objects of special environmental, scientific, historical, cultural, aesthetic, recreational, health and other valuable significance, continental shelf and exclusive economic zone of the Russian Federation, as well as rare or endangered soils, forests and other vegetation, animals and other organisms and their habitats.

Chapter II. Fundamentals of environmental management

Article 5. Powers of state authorities of the Russian Federation in the field of relations related to environmental protection

The powers of government bodies of the Russian Federation in the field of relations related to environmental protection include:

ensuring the implementation of federal policy in the field of environmental development of the Russian Federation;

development and publication of federal laws and other regulatory legal acts in the field of environmental protection and control over their application;

development, approval and ensuring the implementation of federal programs in the field of environmental development of the Russian Federation;

declaration and establishment of the legal status and regime of environmental disaster zones on the territory of the Russian Federation;

coordination and implementation of environmental protection measures in environmental disaster zones;

establishing a procedure for state environmental monitoring (state environmental monitoring), forming a state system for monitoring the state of the environment and ensuring the functioning of such a system;

establishing a procedure for exercising state control in the field of environmental protection, including at facilities of economic and other activities, regardless of the form of ownership, under the jurisdiction of the Russian Federation, facilities that contribute to transboundary environmental pollution and have a negative impact on the environment within the territories of two and more than subjects of the Russian Federation (federal state environmental control);

establishment of federal executive bodies exercising public administration in the field of environmental protection;

ensuring environmental protection, including the marine environment on the continental shelf and in the exclusive economic zone of the Russian Federation;

establishing procedures for managing radioactive waste and hazardous waste, monitoring the provision of radiation safety;

preparation and distribution of an annual state report on the state and protection of the environment;

establishing requirements in the field of environmental protection, development and approval of regulations, state standards and other regulatory documents in the field of environmental protection;

establishing a procedure for determining the amount of payment for emissions and discharges of pollutants into the environment, waste disposal and other types of negative impact on the environment;

organization and conduct of state environmental assessment;

interaction with constituent entities of the Russian Federation on environmental issues;

establishing a procedure for limiting, suspending and prohibiting economic and other activities carried out in violation of legislation in the field of environmental protection, and their implementation;

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

providing the population with reliable information about the state of the environment;

formation of specially protected natural areas of federal significance, natural world heritage sites, management of natural reserves, maintaining the Red Book of the Russian Federation;

maintaining state records of objects that have a negative impact on the environment and their classification depending on the level and volume of negative impact on the environment;

maintaining state records of specially protected natural areas, including natural complexes and objects, as well as natural resources, taking into account their environmental significance;

economic assessment of the impact of economic and other activities on the environment;

economic assessment of natural and natural-anthropogenic objects;

establishing a licensing procedure individual species activities in the field of environmental protection and its implementation;

implementation of international cooperation of the Russian Federation in the field of environmental protection;

exercise of other powers provided for by federal laws and other regulatory legal acts of the Russian Federation.

Article 6. Powers of state authorities of the constituent entities of the Russian Federation in the field of relations related to environmental protection

The powers of government bodies of the constituent entities of the Russian Federation in the field of relations related to environmental protection include:

determination of the main directions of environmental protection in the territories of the constituent entities of the Russian Federation, taking into account the geographical, natural, socio-economic and other characteristics of the constituent entities of the Russian Federation;

participation in the development of federal policy in the field of environmental development of the Russian Federation and related programs;

implementation of federal policy in the field of environmental development of the Russian Federation in the territories of the constituent entities of the Russian Federation, taking into account their geographical, natural, socio-economic and other features;

development and publication of laws and other regulatory legal acts of the constituent entities of the Russian Federation in the field of environmental protection, taking into account the geographical, natural, socio-economic and other characteristics of the constituent entities of the Russian Federation, monitoring their implementation;

development and approval of regulations, state standards and other regulatory documents in the field of environmental protection, containing relevant requirements, norms and rules not lower than those established at the federal level;

development, approval and implementation of target programs in the field of environmental protection of the constituent entities of the Russian Federation;

implementation of environmental and other measures to improve the state of the environment in environmental disaster zones on the territories of the constituent entities of the Russian Federation;

organization and implementation, in the manner established by the legislation of the Russian Federation, of state environmental monitoring (state environmental monitoring), formation and ensuring the functioning of territorial systems for monitoring the state of the environment in the territories of the constituent entities of the Russian Federation;

state control in the field of environmental protection (state environmental control) over objects of economic and other activities, regardless of the form of ownership, located on the territories of the constituent entities of the Russian Federation, with the exception of objects of economic and other activities subject to federal state environmental control;

economic assessment of the environmental impact of economic and other activities;

bringing the perpetrators to administrative and other types of liability;

filing claims for compensation for environmental damage caused as a result of violation of environmental legislation;

formation of specially protected natural areas of regional significance, management and control in the field of protection and use of such areas;

organization and development of the environmental education system and the formation of environmental culture in the territories of the constituent entities of the Russian Federation;

restriction, suspension and (or) prohibition of economic and other activities carried out in violation of legislation in the field of environmental protection, within the limits of their powers in the territories of the constituent entities of the Russian Federation;

providing the population with reliable information about the state of the environment in the territories of the constituent entities of the Russian Federation;

keeping records of objects and sources of negative impact on the environment in the territories of the constituent entities of the Russian Federation;

maintaining the Red Data Book of a constituent entity of the Russian Federation;

implementation of environmental certification;

regulation of other issues in the field of environmental protection within the limits of its powers.

Article 7. Powers of local government bodies in the field of relations related to environmental protection

The powers of local governments in the field of relations related to environmental protection are determined in accordance with federal laws.

Article 8. Executive authorities exercising public administration in the field of environmental protection

1. State administration in the field of environmental protection is carried out by federal executive authorities authorized in the manner established by the Constitution of the Russian Federation and the Federal Constitutional Law “On the Government of the Russian Federation”.

2. State authorities of the constituent entities of the Russian Federation that carry out public administration in the field of environmental protection are determined by the constituent entities of the Russian Federation.

Article 9. Division of powers in the sphere of relations related to environmental protection between state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation

1. The division of powers in the sphere of relations related to environmental protection between state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation is carried out by the Constitution of the Russian Federation and federal laws, as well as agreements on the delimitation of jurisdiction and powers between state authorities of the Russian Federation and government bodies of the constituent entities of the Russian Federation.

2. Agreements between federal executive authorities and executive authorities of constituent entities of the Russian Federation on the transfer of part of the powers in the field of relations related to environmental protection, including in the field of state environmental assessment of objects subject to mandatory state environmental assessment conducted at the level of constituent entities of the Russian Federation, are concluded in accordance with the Constitution of the Russian Federation and federal laws.

Article 10. Management in the field of environmental protection carried out by local government bodies

Management in the field of environmental protection is carried out by local government bodies in accordance with this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, charters of municipalities and regulatory legal acts of local government bodies.

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

Article 11. Rights and obligations of citizens in the field of environmental protection

1. Every citizen has the right to a favorable environment, to its protection from negative impacts caused by economic and other activities, natural and man-made emergencies, to reliable information about the state of the environment and to compensation for damage to the environment.

2. Citizens have the right:

create public associations, foundations and other non-profit organizations carrying out activities in the field of environmental protection;

send appeals to state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation, local government bodies, other organizations and officials to receive timely, complete and reliable information about the state of the environment in their places of residence, measures to protect it;

take part in meetings, rallies, demonstrations, processions and picketing, collection of signatures for petitions, referendums on environmental issues and other actions that do not contradict the legislation of the Russian Federation;

put forward proposals to conduct a public environmental assessment and participate in its conduct in the prescribed manner;

contact state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation, local governments and other organizations with complaints, statements and proposals on issues related to environmental protection, negative impacts on the environment, and receive timely and reasonable responses;

3. Citizens are obliged:

preserve nature and the environment;

treat nature and natural resources with care;

comply with other legal requirements.

Article 12. Rights and obligations of public and other non-profit associations carrying out activities in the field of environmental protection

1. Public and other non-profit associations carrying out activities in the field of environmental protection have the right:

develop, promote and implement, in the prescribed manner, programs in the field of environmental protection, protect the rights and legitimate interests of citizens in the field of environmental protection, and involve citizens on a voluntary basis in activities in the field of environmental protection;

at the expense of own and borrowed funds, carry out and promote activities in the field of environmental protection, reproduction of natural resources, and ensuring environmental safety;

provide assistance to state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation, local governments in resolving environmental protection issues;

organize meetings, rallies, demonstrations, processions and picketing, collect signatures for petitions and take part in these events in accordance with the legislation of the Russian Federation, make proposals for holding referendums on environmental issues and discussing projects related to environmental protection;

contact state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation, local government bodies, other organizations and officials to receive timely, complete and reliable information about the state of the environment, measures to protect it, circumstances and economic facts and other activities that pose a threat to the environment, life, health and property of citizens;

participate in the prescribed manner in making economic and other decisions, the implementation of which may have a negative impact on the environment, life, health and property of citizens;

contact state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation, local governments and other organizations with complaints, statements, claims and proposals on issues related to environmental protection, negative impacts on the environment, and receive timely and reasonable responses;

organize and conduct, in the prescribed manner, hearings on the design and placement of facilities, economic and other activities of which may harm the environment, create a threat to the life, health and property of citizens;

organize and conduct public environmental assessments in accordance with the established procedure;

submit to the state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local self-government bodies, and the court of appeal for the cancellation of decisions on the design, placement, construction, reconstruction, operation of facilities, the economic and other activities of which may have a negative impact on the environment, on the limitation, suspension and termination of economic and other activities that have a negative impact on the environment;

bring claims to court for compensation for environmental damage;

exercise other rights provided for by law.

2. Public and other non-profit associations, when carrying out activities in the field of environmental protection, are required to comply with requirements in the field of environmental protection.

Article 13. System of state measures to ensure rights to a favorable environment

1. State authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local government bodies and officials are obliged to provide assistance to citizens, public and other non-profit associations in the implementation of their rights in the field of environmental protection.

2. When locating objects whose economic and other activities may cause harm to the environment, the decision on their location is made taking into account the opinion of the population or the results of a referendum.

3. Officials who prevent citizens, public and other non-profit associations from carrying out activities in the field of environmental protection, exercising their rights provided for by this Federal Law and other federal laws, other regulatory legal acts of the Russian Federation, are held accountable in the prescribed manner.

Chapter IV. Economic regulation in the field of environmental protection

Article 14. Methods of economic regulation in the field of environmental protection

Methods of economic regulation in the field of environmental protection include:

development of state forecasts of socio-economic development based on environmental forecasts;

development of federal programs in the field of environmental development of the Russian Federation and target programs in the field of environmental protection of the constituent entities of the Russian Federation;

development and implementation of environmental protection measures in order to prevent harm to the environment;

establishing fees for negative impacts on the environment;

establishing limits on emissions and discharges of pollutants and microorganisms, limits on the disposal of production and consumption waste and other types of negative impact on the environment;

conducting an economic assessment of natural objects and natural-anthropogenic objects;

conducting an economic assessment of the impact of economic and other activities on the environment;

providing tax and other benefits when introducing the best existing technologies, non-traditional types of energy, using secondary resources and recycling waste, as well as when implementing other effective measures to protect the environment in accordance with the legislation of the Russian Federation;

support for entrepreneurial, innovative and other activities (including environmental insurance) aimed at environmental protection;

compensation in accordance with the established procedure for environmental damage;

other methods of economic regulation to improve and effectively implement environmental protection.

Article 15. Federal programs in the field of environmental development of the Russian Federation, target programs in the field of environmental protection of the constituent entities of the Russian Federation and measures for environmental protection

1. In order to plan, develop and implement environmental protection measures, federal programs in the field of environmental development of the Russian Federation and target programs in the field of environmental protection of the constituent entities of the Russian Federation are being developed.

The procedure for the development, financing and implementation of federal programs in the field of environmental development of the Russian Federation is established in accordance with the legislation of the Russian Federation.

The procedure for the development, financing and implementation of target programs in the field of environmental protection of the constituent entities of the Russian Federation is established in accordance with the legislation of the constituent entities of the Russian Federation.

2. The development of federal programs in the field of environmental development of the Russian Federation and target programs in the field of environmental protection of the constituent entities of the Russian Federation is carried out taking into account the proposals of citizens and public associations.

3. Planning and development of environmental protection measures are carried out taking into account state forecasts of socio-economic development, federal programs in the field of environmental development of the Russian Federation, target programs in the field of environmental protection of the constituent entities of the Russian Federation on the basis of scientific research aimed at solving problems in the field environmental protection.

4. Legal entities and individual entrepreneurs carrying out economic and other activities that have a negative impact on the environment are required to plan, develop and implement environmental protection measures in the manner prescribed by law.

Article 16. Payment for negative impact on the environment

1. Negative impact on the environment is subject to payment.

The forms of payment for negative environmental impact are determined by federal laws.

2. Types of negative impact on the environment include:

emissions of pollutants and other substances into the air;

discharges of pollutants, other substances and microorganisms into surface water bodies, underground water bodies and drainage areas;

pollution of subsoil and soil;

disposal of production and consumption waste;

environmental pollution by noise, heat, electromagnetic, ionizing and other types of physical influences;

other types of negative impact on the environment.

3. The procedure for calculating and collecting fees for negative impacts on the environment is established by the legislation of the Russian Federation.

4. Payment of the fee specified in paragraph 1 of this article does not exempt economic and other business entities from carrying out environmental protection measures and compensating for environmental damage.

Article 17. Business activities carried out for the purpose of environmental protection

1. Business activities carried out for the purpose of environmental protection are supported by the state.

2. State support for business activities carried out for the purpose of environmental protection is carried out through the establishment of tax and other benefits in accordance with the law.

Article 18. Environmental insurance

1. Environmental insurance is carried out in order to protect the property interests of legal entities and individuals in the event of environmental risks.

2. In the Russian Federation, compulsory state environmental insurance may be carried out.

3. Environmental insurance in the Russian Federation is carried out in accordance with the legislation of the Russian Federation.

Chapter V. Standardization in the field of environmental protection

Article 19. Fundamentals of regulation in the field of environmental protection

1. Standardization in the field of environmental protection is carried out in order to government regulation the impact of economic and other activities on the environment, guaranteeing the preservation of a favorable environment and ensuring environmental safety.

2. Standardization in the field of environmental protection consists of establishing standards for environmental quality, standards for permissible impact on the environment when carrying out economic and other activities, other standards in the field of environmental protection, as well as state standards and other regulatory documents in the field of environmental protection .

3. Standards and regulatory documents in the field of environmental protection are developed, approved and put into effect on the basis of modern achievements of science and technology, taking into account international rules and standards in the field of environmental protection.
Standardization in the field of environmental protection is carried out in the manner established by the Government of the Russian Federation.

Article 20. Requirements for the development of standards in the field of environmental protection

Development of standards in the field of environmental protection includes:

carrying out research work to substantiate standards in the field of environmental protection;

establishing the grounds for developing or revising standards in the field of environmental protection;

monitoring the application and compliance with environmental standards;

formation and maintenance of a unified information database of standards in the field of environmental protection;

assessment and forecasting of environmental, social, economic consequences application of standards in the field of environmental protection.

Article 21. Environmental quality standards

1. Environmental quality standards are established to assess the state of the environment in order to preserve natural ecological systems, the genetic fund of plants, animals and other organisms.

2. Environmental quality standards include:

standards established in accordance with chemical indicators of the state of the environment, including standards for maximum permissible concentrations of chemicals, including radioactive substances;

standards established in accordance with physical indicators of the state of the environment, including indicators of levels of radioactivity and heat;

standards established in accordance with biological indicators of the state of the environment, including species and groups of plants, animals and other organisms used as indicators of environmental quality, as well as standards for maximum permissible concentrations of microorganisms;

other environmental quality standards.

3. When establishing environmental quality standards, the natural features of territories and water areas, the purpose of natural objects and natural-anthropogenic objects, specially protected areas, including specially protected natural areas, as well as natural landscapes of special environmental significance are taken into account.

Article 22. Standards for permissible environmental impact

1. In order to prevent the negative impact on the environment of economic and other activities for legal entities and individuals - users of natural resources, the following standards for permissible impact on the environment are established:

standards for permissible emissions and discharges of substances and microorganisms;

standards for the generation of production and consumption waste and limits on their disposal;

standards for permissible physical impacts (amount of heat, levels of noise, vibration, ionizing radiation, strength of electromagnetic fields and other physical impacts);
standards for permissible removal of components of the natural environment;

standards for permissible anthropogenic load on the environment;

standards for other permissible impacts on the environment when carrying out economic and other activities, established by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation for the purpose of environmental protection.

2. Standards for permissible environmental impact must ensure compliance with environmental quality standards, taking into account the natural features of territories and water areas.

3. For exceeding the established standards of permissible impact on the environment, subjects of economic and other activities, depending on the harm caused to the environment, are liable in accordance with the law.

Article 23. Standards for permissible emissions and discharges of substances and microorganisms

1. Standards for permissible emissions and discharges of substances and microorganisms are established for stationary, mobile and other sources of environmental impact by economic and other activities based on standards for permissible anthropogenic load on the environment, environmental quality standards, as well as technological standards.

2. Technological standards are established for stationary, mobile and other sources based on the use of the best existing technologies, taking into account economic and social factors.

3. If it is impossible to comply with the standards for permissible emissions and discharges of substances and microorganisms, limits on emissions and discharges may be established on the basis of permits valid only during the period of environmental protection measures, the introduction of the best existing technologies and (or) the implementation of other environmental projects, taking into account the phased achieving established standards for permissible emissions and discharges of substances and microorganisms.

Establishing limits on emissions and discharges is permitted only if there are plans to reduce emissions and discharges agreed upon with the executive authorities exercising public administration in the field of environmental protection.

4. Emissions and discharges of chemical substances, including radioactive, other substances and microorganisms into the environment within the established standards for permissible emissions and discharges of substances and microorganisms, limits on emissions and discharges are allowed on the basis of permits issued by executive authorities exercising public administration in the field of environmental protection.

Article 24. Standards for the generation of production and consumption waste and limits on their disposal

Standards for the generation of production and consumption waste and limits on their disposal are established in order to prevent their negative impact on the environment in accordance with the law.

Article 25. Standards for permissible physical impacts on the environment

Standards for permissible physical impacts on the environment are established for each source of such impact based on standards for permissible anthropogenic load on the environment, environmental quality standards and taking into account the influence of other sources of physical impacts.

Article 26. Standards for permissible removal of components of the natural environment

1. Standards for permissible withdrawal of components of the natural environment - standards established in accordance with restrictions on the volume of their withdrawal in order to preserve natural and natural-anthropogenic objects, ensure the sustainable functioning of natural ecological systems and prevent their degradation.

2. Standards for the permissible withdrawal of components of the natural environment and the procedure for their establishment are determined by the legislation on subsoil, land, water, forestry legislation, legislation on wildlife and other legislation in the field of environmental protection, natural resource management and in accordance with the requirements in the field of environmental protection, protection and reproduction of certain types of natural resources established by this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation in the field of environmental protection.

Article 27. Standards for permissible anthropogenic load on the environment

1. Standards for permissible anthropogenic load on the environment are established for subjects of economic and other activities in order to assess and regulate the impact of all stationary, mobile and other sources of impact on the environment located within specific territories and (or) water areas.

2. Standards for permissible anthropogenic load on the environment are established for each type of impact of economic and other activities on the environment and the total impact of all sources located in these territories and (or) water areas.

3. When establishing standards for permissible anthropogenic load on the environment, the natural features of specific territories and (or) water areas are taken into account.

Article 28. Other standards in the field of environmental protection

For the purpose of state regulation of the impact of economic and other activities on the environment, assessment of environmental quality in accordance with this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, other standards in the field may be established environmental protection.

Article 29. State standards and other regulatory documents in the field of environmental protection

1. State standards and other regulatory documents in the field of environmental protection establish:

requirements, norms and rules in the field of environmental protection for products, works, services and relevant control methods;

restrictions on economic and other activities in order to prevent its negative impact on the environment;

the procedure for organizing activities in the field of environmental protection and managing such activities.

2. State standards and other regulatory documents in the field of environmental protection are developed taking into account scientific and technical achievements and the requirements of international rules and standards.

3. State standards for new equipment, technologies, materials, substances and other products, technological processes, storage, transportation, use of such products, including after their transition to the category of production and consumption waste, must take into account the requirements, norms and rules in field of environmental protection.

Article 30. Licensing of certain types of activities in the field of environmental protection

1. Certain types of activities in the field of environmental protection are subject to licensing.

2. The list of certain types of activities in the field of environmental protection subject to licensing is established by federal laws.

Article 31. Environmental certification

1. Environmental certification is carried out in order to ensure environmentally safe implementation of economic and other activities on the territory of the Russian Federation.

2. Environmental certification can be mandatory or voluntary.

3. Mandatory environmental certification is carried out in the manner determined by the Government of the Russian Federation.

Chapter VI. Environmental Impact Assessment and Environmental Expertise

Article 32. Conducting an environmental impact assessment

1. An environmental impact assessment is carried out in relation to planned economic and other activities that may have a direct or indirect impact on the environment, regardless of the organizational and legal forms of ownership of the subjects of economic and other activities.

2. An environmental impact assessment is carried out when developing all alternative options for pre-project, including pre-investment, and project documentation justifying the planned economic and other activities, with the participation of public associations.

3. Requirements for environmental impact assessment materials are established by federal executive authorities exercising public administration in the field of environmental protection.

Article 33. Environmental expertise

1. An environmental assessment is carried out in order to establish compliance of the planned economic and other activities with requirements in the field of environmental protection.

2. The procedure for conducting environmental impact assessment is established by the federal law on environmental impact assessment.

Chapter VII. Requirements in the field of environmental protection when carrying out economic and other activities

Article 34. General requirements in the field of environmental protection during the placement, design, construction, reconstruction, commissioning, operation, conservation and liquidation of buildings, structures, structures and other objects

1. Placement, design, construction, reconstruction, commissioning, operation, conservation and liquidation of buildings, structures, structures and other objects that have a direct or indirect negative impact on the environment are carried out in accordance with the requirements in the field of environmental protection. At the same time, measures should be taken to protect the environment, restore the natural environment, rational use and reproduction of natural resources, and ensure environmental safety.

2. Violation of requirements in the field of environmental protection entails the suspension of the placement, design, construction, reconstruction, commissioning, operation, conservation and liquidation of buildings, structures, structures and other objects as prescribed by executive authorities exercising public administration in the field of environmental protection environment.

3. Termination in full of placement, design, construction, reconstruction, commissioning, operation, conservation and liquidation of buildings, structures, structures and other objects in case of violation of requirements in the field of environmental protection is carried out on the basis of a court decision and (or) arbitration court .

Article 35. Requirements in the field of environmental protection when placing buildings, structures, structures and other objects

1. When placing buildings, structures, structures and other objects, compliance with the requirements in the field of environmental protection, restoration of the natural environment, rational use and reproduction of natural resources, ensuring environmental safety, taking into account immediate and long-term environmental, economic, demographic and other consequences must be ensured. operation of these facilities and compliance with the priority of preserving a favorable environment, biological diversity, rational use and reproduction of natural resources.

2. The choice of locations for buildings, structures, structures and other objects is carried out in compliance with the requirements of the law in the presence of a positive conclusion of the state environmental assessment.

3. In cases where the placement of buildings, structures, structures and other objects affects the legitimate interests of citizens, the decision is made taking into account the results of referendums held in the relevant territories.

Article 36. Requirements in the field of environmental protection when designing buildings, structures, structures and other objects

1. When designing buildings, structures, structures and other objects, standards for permissible anthropogenic load on the environment must be taken into account, measures to prevent and eliminate environmental pollution must be provided, as well as methods for disposing of production and consumption waste, resource-saving, low-waste, non-waste and other best methods must be used. existing technologies that contribute to environmental protection, restoration of the natural environment, rational use and reproduction of natural resources.

2. It is prohibited to change the price design work and approved projects by excluding from such works and projects planned measures for environmental protection during the design of construction, reconstruction, technical re-equipment, conservation and liquidation of buildings, structures, structures and other objects.

3. Projects for which there are no positive conclusions of the state environmental impact assessment are not subject to approval, and work on their implementation is prohibited from being financed.

Article 37. Requirements in the field of environmental protection during the construction and reconstruction of buildings, structures, structures and other objects

1. Construction and reconstruction of buildings, structures, structures and other objects must be carried out according to approved projects that have positive conclusions of the state environmental assessment, in compliance with requirements in the field of environmental protection, as well as sanitary and construction requirements, norms and rules.

2. The construction and reconstruction of buildings, structures, structures and other objects are prohibited before the approval of projects and before the allocation of land plots in kind, as well as changes in approved projects to the detriment of requirements in the field of environmental protection.

3. When carrying out the construction and reconstruction of buildings, structures, structures and other objects, measures are taken to protect the environment, restore the natural environment, reclaim land, and improve territories in accordance with the legislation of the Russian Federation.

Article 38. Requirements in the field of environmental protection when commissioning buildings, structures, structures and other objects

1. Commissioning of buildings, structures, structures and other objects is carried out subject to full compliance with the requirements in the field of environmental protection provided for by the projects, and in accordance with the acts of the commissions for the acceptance into operation of buildings, structures, structures and other objects, in which includes representatives of federal executive authorities exercising public administration in the field of environmental protection.

2. It is prohibited to put into operation buildings, structures, structures and other objects that are not equipped with technical means and technologies for the neutralization and safe disposal of production and consumption waste, neutralization of emissions and discharges of pollutants, ensuring compliance with established requirements in the field of environmental protection. It is also prohibited to commission facilities that are not equipped with environmental pollution control means without completing the work envisaged by the projects on environmental protection, restoration of the natural environment, land reclamation, and landscaping in accordance with the legislation of the Russian Federation.

3. Managers and members of commissions for the acceptance into operation of buildings, structures, structures and other objects bear, in accordance with the legislation of the Russian Federation, administrative and other responsibility for the acceptance into operation of buildings, structures, structures and other objects that do not comply with the requirements of legislation in the field of environmental protection .

Article 39. Requirements in the field of environmental protection during operation and decommissioning of buildings, structures, structures and other objects

1. Legal entities and individuals operating buildings, structures, structures and other objects are required to comply with approved technologies and requirements in the field of environmental protection, restoration of the natural environment, rational use and reproduction of natural resources.

2. Legal entities and individuals operating buildings, structures, structures and other objects ensure compliance with environmental quality standards based on the application technical means and technologies for the neutralization and safe disposal of production and consumption waste, neutralization of emissions and discharges of pollutants, as well as other best existing technologies that ensure compliance with environmental protection requirements, carry out measures to restore the natural environment, land reclamation, landscaping in accordance with the law .

3. Decommissioning of buildings, structures, structures and other objects is carried out in accordance with legislation in the field of environmental protection and in the presence of design documentation approved in the prescribed manner.

4. When decommissioning buildings, structures, structures and other objects, measures must be developed and implemented to restore the natural environment, including the reproduction of components of the natural environment, in order to ensure a favorable environment.

5. Repurposing the functions of buildings, structures, structures and other objects is carried out in agreement with executive authorities exercising public administration in the field of environmental protection.

Article 40. Requirements in the field of environmental protection during the placement, design, construction, reconstruction, commissioning and operation of energy facilities

1. The placement, design, construction and operation of energy facilities are carried out in accordance with the requirements of Articles 34 - 39 of this Federal Law.

2. When designing and constructing thermal power plants, provision must be made for their equipping with highly effective means of purifying emissions and discharges of pollutants, the use of environmentally friendly fuels and the safe disposal of production waste.

3. When locating, designing, constructing, reconstructing, commissioning and operating hydroelectric power plants, the real needs for electrical energy of the relevant regions, as well as the features of the terrain, must be taken into account.

When placing these objects, measures must be taken to preserve water bodies, drainage areas, aquatic biological resources, lands, soils, forests and other vegetation, biological diversity, ensure the sustainable functioning of natural ecological systems, preserve natural landscapes, specially protected natural areas and natural monuments, and also take measures for the timely disposal of wood and fertile soil layer when clearing and flooding reservoir beds and other necessary measures to prevent negative changes in the natural environment, preserve the water regime, providing the most favorable conditions for the reproduction of aquatic biological resources.

4. During siting, design, construction, commissioning and operation nuclear installations, including nuclear power plants, the environment must be protected from the radiation effects of such installations, the established procedure and standards for implementation must be observed. technological process, requirements of federal executive authorities authorized to exercise state supervision and control in the field of ensuring radiation safety, and state regulation of safety in the use of atomic energy must be carried out, measures must be taken to ensure complete radiation safety of the environment and the population in accordance with the legislation of the Russian Federation and generally accepted principles and norms of international law, ensure training and maintenance of qualifications of workers at nuclear installations.

5. The placement of nuclear installations, including nuclear power plants, is carried out if the projects and other supporting materials contain positive conclusions from the state environmental assessment and other state examinations provided for by the legislation of the Russian Federation and confirming the environmental and radiation safety of nuclear installations.

6. Projects for siting nuclear installations, including nuclear power plants, must contain solutions to ensure their safe decommissioning.

Article 41. Requirements in the field of environmental protection during the placement, design, construction, reconstruction, commissioning, operation and decommissioning of military and defense facilities, weapons and military equipment

1. The requirements in the field of environmental protection imposed upon the placement, design, construction, reconstruction, commissioning, operation and decommissioning of buildings, structures, structures and other objects fully apply to military and defense facilities, weapons and military equipment, with the exception of emergency situations that impede compliance with environmental protection requirements.

2. The list of emergency situations that impede compliance with environmental protection requirements during the placement, design, construction, reconstruction, commissioning, operation and decommissioning of military and defense facilities, weapons and military equipment is determined by the legislation of the Russian Federation.

Article 42. Requirements in the field of environmental protection during the operation of agricultural facilities

1. When operating agricultural facilities, requirements in the field of environmental protection must be observed, measures must be taken to protect lands, soils, water bodies, plants, animals and other organisms from the negative impact of economic and other activities on the environment.

2. Agricultural organizations engaged in the production, procurement and processing of agricultural products, and other agricultural organizations, when carrying out their activities, must comply with requirements in the field of environmental protection.

3. Agricultural facilities must have the necessary sanitary protection zones and treatment facilities to prevent contamination of soil, surface and groundwater, drainage areas and atmospheric air.

Article 43. Requirements in the field of environmental protection during land reclamation, placement, design, construction, reconstruction, commissioning and operation of reclamation systems and separately located hydraulic structures

When carrying out land reclamation, placement, design, construction, reconstruction, commissioning and operation of reclamation systems and separately located hydraulic structures, measures must be taken to ensure water balance and economical use of water, protection of lands, soils, forests and other vegetation, animals and other organisms, as well as preventing other negative impacts on the environment when implementing reclamation measures. Land reclamation should not lead to environmental deterioration or disrupt the sustainable functioning of natural ecological systems.

Article 44. Requirements in the field of environmental protection during the placement, design, construction, reconstruction of urban and rural settlements

1. When locating, designing, constructing, reconstructing urban and rural settlements, requirements in the field of environmental protection must be observed, ensuring a favorable state of the environment for human life, as well as for the habitat of plants, animals and other organisms, and the sustainable functioning of natural ecological systems.

Buildings, structures, structures and other objects must be located taking into account the requirements in the field of environmental protection, sanitary and hygienic standards and urban planning requirements.

2. When planning and developing urban and rural settlements, requirements in the field of environmental protection must be observed, measures must be taken for sanitary cleaning, neutralization and safe disposal of production and consumption waste, compliance with standards for permissible emissions and discharges of substances and microorganisms, as well as restoration of the natural environment , land reclamation, landscaping and other measures to ensure environmental protection and environmental safety in accordance with the law.

3. In order to protect the environment of urban and rural settlements, protective and security zones are created, including sanitary protection zones, green areas, green zones, including forest park areas and other protective and security zones with a limited regime withdrawn from intensive economic use environmental management.

Article 45. Requirements in the field of environmental protection during the production and operation of automobiles and other vehicles

1. The production of automobiles and other vehicles must be carried out in accordance with environmental protection requirements.

2. Legal entities and individuals operating automobiles and other vehicles that have a negative impact on the environment are required to comply with standards for permissible emissions and discharges of substances and microorganisms, as well as take measures to neutralize pollutants, including their neutralization, and reduce noise levels and other negative impacts on the environment.

3. Relations in the field of production and operation of automobiles and other vehicles are regulated by law.

Article 46. Requirements in the field of environmental protection during the placement, design, construction, reconstruction, commissioning and operation of oil and gas production facilities, processing facilities, transportation, storage and sale of oil, gas and their processed products

1. Placement, design, construction, reconstruction, commissioning and operation of oil and gas production facilities, processing, transportation, storage and sale of oil, gas and their products must be carried out in accordance with the requirements established by legislation in the field of environmental protection.

2. When locating, designing, constructing, reconstructing, commissioning and operating oil and gas production facilities, processing, transportation, storage and sale of oil, gas and their products, effective measures must be taken to clean up and neutralize waste from production and collection of oil (associated ) gas and mineralized water, reclamation of disturbed and contaminated lands, reducing the negative impact on the environment, as well as compensation for environmental damage caused during the construction and operation of these facilities.

3. Construction and operation of oil and gas production facilities, processing facilities, transportation, storage and sale of oil, gas and their processed products are permitted in the presence of projects for the restoration of contaminated lands in zones of temporary and (or) permanent land acquisition, positive conclusions of the state environmental assessment and other established legislation of state examinations, financial guarantees for the implementation of such projects.

4. Construction and operation of oil and gas production facilities, oil and gas processing, transportation and storage facilities located in water areas, on the continental shelf and in the exclusive economic zone of the Russian Federation are permitted subject to positive conclusions of the state environmental assessment and other state assessments established by law after restoration of contaminated lands.

Article 47. Requirements in the field of environmental protection during the production, handling and neutralization of potentially hazardous chemicals, including radioactive substances, other substances and microorganisms

1. The production and circulation of potentially hazardous chemical substances, including radioactive, other substances and microorganisms are permitted on the territory of the Russian Federation after the necessary toxicological, hygienic and toxicological studies of these substances have been carried out, the procedure for handling them, environmental standards and state registration of these substances in accordance with the legislation of the Russian Federation.

2. Neutralization of potentially dangerous chemicals and biological substances is carried out in the presence of design and technological documentation approved in accordance with the established procedure in accordance with the law.

Article 48. Requirements in the field of environmental protection when using radioactive substances and nuclear materials

1. Legal entities and individuals are obliged to comply with the rules of production, storage, transportation, use, disposal of radioactive substances (sources of ionizing radiation) and nuclear materials, not to exceed the established maximum permissible standards for ionizing radiation, and if they are exceeded, immediately inform the executive authorities in in the field of ensuring radiation safety about increased levels of radiation dangerous to the environment and human health, take measures to eliminate sources of radiation contamination.

2. Legal entities and individuals who do not ensure compliance with the rules for handling radioactive substances and nuclear materials, as well as radioactive waste, bear responsibility in accordance with the legislation of the Russian Federation.

3. The import of radioactive waste and nuclear materials into the Russian Federation from foreign countries for the purpose of their storage or burial, as well as the flooding and sending of radioactive waste and nuclear materials into outer space for the purpose of burial are prohibited, except in cases established by this Federal Law.

4. Import of irradiated fuel assemblies into the Russian Federation from foreign countries nuclear reactors for the implementation of temporary technological storage and (or) their processing is permitted if the state environmental examination and other state examinations of the relevant project, provided for by the legislation of the Russian Federation, have been carried out, the general reduction in the risk of radiation exposure and the increase in the level of environmental safety as a result of the implementation of the relevant project are justified.

Import of irradiated fuel assemblies of nuclear reactors into the Russian Federation is carried out on the basis of international treaties of the Russian Federation.

The procedure for importing irradiated fuel assemblies of nuclear reactors into the Russian Federation is established by the Government of the Russian Federation based on the basic principles of ensuring the non-proliferation of nuclear weapons, environmental protection and economic interests of the Russian Federation, taking into account the priority of the right to return radioactive waste generated after reprocessing to the state of origin of nuclear materials or to ensure their return.

Article 49. Requirements in the field of environmental protection when using chemicals in agriculture and forestry

1. Legal entities and individuals are obliged to comply with the rules for the production, storage, transportation and use of chemicals used in agriculture and forestry, requirements in the field of environmental protection, as well as take measures to prevent the negative impact of economic and other activities and eliminate harmful consequences to ensure environmental quality, sustainable functioning of natural ecological systems and conservation of natural landscapes in accordance with the legislation of the Russian Federation.

Article 50. Protection of the environment from negative biological impacts

1. The production, breeding and use of plants, animals and other organisms that are not characteristic of natural ecological systems, as well as those created artificially, are prohibited, without the development of effective measures to prevent their uncontrolled reproduction, a positive conclusion of the state environmental assessment, and permission from the federal executive authorities carrying out public administration in the field of environmental protection, other federal executive authorities in accordance with their competence and legislation of the Russian Federation.

2. When placing, designing, constructing, reconstructing, commissioning, operating and decommissioning hazardous production facilities, the use of technologies associated with the negative impact of microorganisms on the environment must comply with requirements in the field of environmental protection, environmental standards, including standards for maximum permissible concentrations of microorganisms, state standards and other regulatory documents in the field of environmental protection.

3. Legal entities and individuals carrying out activities related to the possibility of negative impacts of microorganisms on the environment are obliged to ensure environmentally safe production, transportation, use, storage, placement and neutralization of microorganisms, to develop and implement measures to prevent accidents and disasters, prevention and liquidation consequences of the negative impact of microorganisms on the environment.

Article 51. Requirements in the field of environmental protection when handling production and consumption waste

1. Production and consumption waste, including radioactive waste, is subject to collection, use, neutralization, transportation, storage and burial, the conditions and methods of which must be safe for the environment and regulated by the legislation of the Russian Federation.

discharge of production and consumption waste, including radioactive waste, into surface and underground water bodies, into drainage areas, into the subsoil and onto the soil;

placement of hazardous waste and radioactive waste in areas adjacent to urban and rural settlements, in forest parks, resorts, medical and recreational areas, on animal migration routes, near spawning grounds and in other places where a danger to the environment may be created, natural ecological systems and human health;

burial of hazardous waste and radioactive waste in catchment areas of underground water bodies used as sources of water supply, for balneological purposes, for the extraction of valuable mineral resources;

import of hazardous waste and radioactive waste into the Russian Federation for the purpose of their disposal and neutralization.

3. Relations in the field of management of production and consumption waste, as well as hazardous waste and radioactive waste are regulated by the relevant legislation of the Russian Federation.

Article 52. Requirements in the field of environmental protection when establishing protective and security zones

1. In order to ensure the sustainable functioning of natural ecological systems, the protection of natural complexes, natural landscapes and specially protected natural areas from pollution and other negative impacts of economic and other activities, protective and security zones are established.

2. In order to protect human living conditions, the habitat of plants, animals and other organisms around industrial zones and objects of economic and other activities that have a negative impact on the environment, protective and security zones, including sanitary protection zones, are created in neighborhoods , microdistricts of urban and rural settlements - territories, green zones, including forested parks and other zones with a limited regime of environmental management.

3. The procedure for establishing and creating protective and security zones is regulated by law.

Article 53. Requirements in the field of environmental protection during privatization and nationalization of property

During the privatization and nationalization of property, environmental protection measures and compensation for environmental damage are ensured.

Article 54. Protection of the ozone layer of the atmosphere

Protection of the ozone layer of the atmosphere from environmentally hazardous changes is ensured by regulating the production and use of substances that destroy the ozone layer of the atmosphere, in accordance with international treaties of the Russian Federation, generally recognized principles and norms of international law, as well as the legislation of the Russian Federation.

Article 55. Protection of the environment from negative physical impacts

1. State authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation, local government bodies, legal entities and individuals, when carrying out economic and other activities, are obliged to take the necessary measures to prevent and eliminate the negative impact of noise, vibration, electric, electromagnetic, magnetic fields and other negative physical impacts on the environment in urban and rural settlements, recreation areas, habitats of wild animals and birds, including their reproduction, on natural ecological systems and natural landscapes.

2. When planning and developing urban and rural settlements, designing, constructing, reconstructing and operating production facilities, creating and mastering new equipment, producing and operating vehicles, measures must be developed to ensure compliance with the standards for permissible physical impacts.

Article 56. Penalties for violation of environmental requirements

In case of violation of the environmental requirements provided for in this chapter, activities carried out in violation of these requirements may be limited, suspended or terminated in the manner established by the legislation of the Russian Federation.

Chapter VIII. Ecological disaster zones, emergency zones

Article 57. Procedure for establishing environmental disaster zones and emergency zones

1. The procedure for declaring and establishing the regime of environmental disaster zones is established by the legislation on environmental disaster zones.

2. Environmental protection in emergency zones is established by the federal law on the protection of the population and territories from natural and man-made emergencies, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation.

Chapter IX. Natural objects under special protection

Article 58. Measures for the protection of natural objects

1. Natural objects that have special environmental, scientific, historical, cultural, aesthetic, recreational, health and other valuable significance are under special protection. To protect such natural objects, a special legal regime is established, including the creation of specially protected natural areas.

2. The procedure for the creation and functioning of specially protected natural areas is regulated by the legislation on specially protected natural areas.

3. State natural reserves, including state natural biosphere reserves, state natural reserves, natural monuments, National parks, dendrological parks, natural parks, botanical gardens and other specially protected areas, natural objects that have special environmental, scientific, historical, cultural, aesthetic, recreational, health and other valuable significance, form a natural reserve fund.

4. Confiscation of lands of natural reserve fund is prohibited, except for cases provided for by federal laws.

5. Lands within the boundaries of territories on which natural objects are located that have special environmental, scientific, historical, cultural, aesthetic, recreational, health and other valuable significance and are under special protection are not subject to privatization.

Article 59. Legal regime for the protection of natural objects

1. The legal regime for the protection of natural objects is established by legislation in the field of environmental protection, legislation on natural and cultural heritage, as well as other legislation.

2. Economic and other activities that have a negative impact on the environment and lead to degradation and (or) destruction of natural objects that have special environmental, scientific, historical, cultural, aesthetic, recreational, health and other valuable significance and are under special protection are prohibited .

Article 60. Protection of rare and endangered plants, animals and other organisms

1. In order to protect and record rare and endangered plants, animals and other organisms, the Red Book of the Russian Federation and the Red Books of the constituent entities of the Russian Federation are established. Plants, animals and other organisms belonging to species listed in the Red Books are everywhere subject to withdrawal from economic use. In order to preserve rare and endangered plants, animals and other organisms, their genetic fund must be preserved in low-temperature gene banks, as well as in artificially created habitats. Activities leading to a reduction in the numbers of these plants, animals and other organisms and deteriorating their habitat are prohibited.

2. The procedure for the protection of rare and endangered plants, animals and other organisms, the procedure for maintaining the Red Book of the Russian Federation, the red books of the constituent entities of the Russian Federation, as well as the procedure for preserving their genetic fund in low-temperature gene banks and in artificially created habitats is determined by legislation in field of environmental protection.

3. Import into the Russian Federation, export from the Russian Federation and transit through the Russian Federation, as well as the circulation of rare and endangered plants, animals and other organisms, their especially valuable species, including plants, animals and other organisms falling under subject to international treaties of the Russian Federation, is regulated by the legislation of the Russian Federation taking into account the generally recognized principles and norms of international law.

Article 61. Protection of the green fund of urban and rural settlements

1. The green fund of urban and rural settlements is a set of green zones, including areas covered with trees and shrubs and areas covered with grassy vegetation, within the boundaries of these settlements.

2. The protection of the green fund of urban and rural settlements provides for a system of measures that ensure the preservation and development of the green fund and are necessary to normalize the environmental situation and create a favorable environment.

In the territories that are part of the green fund, economic and other activities that have a negative impact on these territories and interfere with their implementation of environmental, sanitary, hygienic and recreational functions are prohibited.

3. State regulation in the field of protection of the green fund of urban and rural settlements is carried out in accordance with the law.

Article 62. Protection of rare and endangered soils

1. Rare and endangered soils are subject to state protection, and for the purpose of their registration and protection, the Red Book of Soils of the Russian Federation and the Red Books of Soils of the Subjects of the Russian Federation are established, the procedure for maintaining which is determined by the legislation on soil protection.

2. The procedure for classifying soils as rare and endangered, as well as the procedure for establishing regimes for the use of land plots whose soils are classified as rare and endangered, are determined by law.

Chapter X. State environmental monitoring (state environmental monitoring)

Article 63. Organization of state environmental monitoring (state environmental monitoring)

1. State environmental monitoring (state environmental monitoring) is carried out in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation in order to monitor the state of the environment, including the state of the environment in the areas where sources of anthropogenic impact are located and the impact of these sources on the environment environment, as well as in order to meet the needs of the state, legal entities and individuals for reliable information necessary to prevent and (or) reduce the adverse consequences of changes in the state of the environment.

2. The procedure for organizing and implementing state environmental monitoring (state environmental monitoring) is established by the Government of the Russian Federation.

3. Information about the state of the environment, its changes, obtained during state environmental monitoring (state environmental monitoring) is used by state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local governments to develop forecasts of socio-economic development and adoption relevant decisions, development of federal programs in the field of environmental development of the Russian Federation, target programs in the field of environmental protection of the constituent entities of the Russian Federation and measures for environmental protection.

The procedure for providing information on the state of the environment is regulated by law.

Chapter XI. Control in the field of environmental protection (ecological control)

Article 64. Tasks of control in the field of environmental protection (ecological control)

1. Control in the field of environmental protection (ecological control) is carried out in order to ensure that government bodies of the Russian Federation, government bodies of constituent entities of the Russian Federation, local government bodies, legal entities and individuals comply with legislation in the field of environmental protection, compliance with requirements, including including standards and regulatory documents in the field of environmental protection, as well as ensuring environmental safety.

2. In the Russian Federation, state, industrial, municipal and public control is exercised in the field of environmental protection.

Article 65. State control in the field of environmental protection (state environmental control)

1. State control in the field of environmental protection (state environmental control) is carried out by federal executive authorities and executive authorities of the constituent entities of the Russian Federation.

State control in the field of environmental protection (state environmental control) is carried out in the manner established by the Government of the Russian Federation.

2. The list of objects subject to federal state environmental control in accordance with this Federal Law and other federal laws is determined by the Government of the Russian Federation.

3. List officials The federal executive body exercising federal state environmental control (federal state inspectors in the field of environmental protection) is established by the Government of the Russian Federation.

4. The list of officials of state authorities of the constituent entities of the Russian Federation exercising state environmental control (state inspectors in the field of environmental protection of the constituent entities of the Russian Federation) is established in accordance with the legislation of the constituent entities of the Russian Federation.

5. It is prohibited to combine the functions of state control in the field of environmental protection (state environmental control) and the functions of economic use of natural resources.

Article 66. Rights, duties and responsibilities of state inspectors in the field of environmental protection

1. State inspectors in the field of environmental protection in the performance of their job responsibilities within the limits of their powers, they have the right, in the prescribed manner:

visit, for the purpose of inspection, organizations, objects of economic and other activities, regardless of the form of ownership, including objects subject to state protection, defense objects, civil defense objects, get acquainted with documents and other materials necessary for the implementation of state environmental control;

check compliance with regulations, state standards and other regulatory documents in the field of environmental protection, the operation of treatment facilities and other neutralizing devices, control means, as well as the implementation of plans and measures for environmental protection;

verify compliance with requirements, norms and rules in the field of environmental protection during the placement, construction, commissioning, operation and decommissioning of production and other facilities;

check compliance with the requirements specified in the conclusion of the state environmental assessment and make proposals for its implementation;

make demands and issue instructions to legal entities and individuals to eliminate violations of legislation in the field of environmental protection and violations of environmental requirements identified during the implementation of state environmental control;

suspend economic and other activities of legal entities and individuals if they violate legislation in the field of environmental protection;

bring to administrative responsibility persons who have committed violations of legislation in the field of environmental protection;

exercise other powers determined by law.

2. State inspectors in the field of environmental protection are obliged to:

prevent, identify and suppress violations of environmental legislation;

explain to violators of environmental legislation their rights and obligations;

comply with legal requirements.

3. Decisions of state inspectors in the field of environmental protection can be appealed in accordance with the legislation of the Russian Federation.

4. State inspectors in the field of environmental protection are subject to state protection in accordance with the legislation of the Russian Federation.

Article 67. Industrial control in the field of environmental protection (industrial environmental control)

1. Industrial control in the field of environmental protection (industrial environmental control) is carried out in order to ensure the implementation in the process of economic and other activities of measures for environmental protection, rational use and restoration of natural resources, as well as in order to comply with requirements in the field of environmental protection, established by legislation in the field of environmental protection.

2. Subjects of economic and other activities are required to provide information on the organization of industrial environmental control to executive authorities and local government bodies, respectively, exercising state and municipal control in the manner established by law.

Article 68. Municipal control in the field of environmental protection (municipal environmental control) and public control in the field of environmental protection (public environmental control)

1. Municipal control in the field of environmental protection (municipal environmental control) on the territory of a municipal entity is carried out by local government bodies or bodies authorized by them.

2. Municipal control in the field of environmental protection (municipal environmental control) on the territory of a municipal entity is carried out in accordance with the legislation of the Russian Federation and in the manner established by regulatory legal acts of local government bodies.

3. Public control in the field of environmental protection (public environmental control) is carried out in order to realize everyone’s right to a favorable environment and prevent violations of legislation in the field of environmental protection.

4. Public control in the field of environmental protection (public environmental control) is carried out by public and other non-profit associations in accordance with their charters, as well as by citizens in accordance with the law.

5. Results public control in the field of environmental protection (public environmental control), submitted to government bodies of the Russian Federation, government bodies of constituent entities of the Russian Federation, local government bodies, are subject to mandatory consideration in the manner established by law.

Article 69. State registration of objects that have a negative impact on the environment

1. State registration of objects that have a negative impact on the environment is carried out for the purpose of state regulation of environmental activities, as well as current and long-term planning of measures to reduce the negative impact of economic and other activities on the environment.

2. State registration of objects that have a negative impact on the environment, as well as assessment of this impact on the environment, is carried out in the manner established by law.

3. Objects that have a negative impact on the environment and data on their impact on the environment are subject to state statistical registration.

Chapter XII. Scientific research in the field of environmental protection

Article 70. Scientific research in the field of environmental protection

1. Scientific research in the field of environmental protection is carried out for the purpose of social, economic and environmentally balanced development of the Russian Federation, creating a scientific basis for environmental protection, developing scientifically based measures to improve and restore the environment, ensuring the sustainable functioning of natural ecological systems, rational use and reproduction of natural resources, ensuring environmental safety.

2. Scientific research in the field of environmental protection is carried out for the purposes of:

development of concepts, scientific forecasts and plans for environmental conservation and restoration;

assessing the consequences of the negative impact of economic and other activities on the environment;

improving legislation in the field of environmental protection, creating regulations, state standards and other regulatory documents in the field of environmental protection;

development and improvement of indicators for comprehensive assessment of environmental impact, methods and methods for their determination;

development and creation best technologies in the field of environmental protection and rational use of natural resources;

development of rehabilitation programs for territories classified as environmental disaster zones;

development of measures to preserve and develop the natural potential and recreational potential of the Russian Federation;

other purposes in the field of environmental protection.

3. Scientific research in the field of environmental protection is carried out by scientific organizations in accordance with the federal law on science and state scientific and technical policy.

Chapter XIII. Fundamentals of the formation of ecological culture

Article 71. Universality and complexity of environmental education

In order to form an environmental culture and professional training of specialists in the field of environmental protection, a system of universal and comprehensive environmental education is being established, which includes preschool and general education, secondary, vocational and higher vocational education, postgraduate vocational education, professional retraining and advanced training of specialists, and also dissemination of environmental knowledge, including through the media, museums, libraries, cultural institutions, environmental institutions, sports and tourism organizations.

Article 72. Teaching the basics of environmental knowledge in educational institutions

1. In preschool educational institutions, general education institutions and educational institutions additional education Regardless of their profile and organizational and legal forms, the fundamentals of environmental knowledge are taught.

2. In accordance with the profile of educational institutions providing professional training, retraining and advanced training of specialists, the teaching of academic disciplines on environmental protection, environmental safety and rational use of natural resources is provided.

Article 73. Training of heads of organizations and specialists in the field of environmental protection and environmental safety

1. Heads of organizations and specialists responsible for making decisions when carrying out economic and other activities that have or may have a negative impact on the environment must have training in the field of environmental protection and environmental safety.

2. Training of heads of organizations and specialists in the field of environmental protection and environmental safety, responsible for making decisions when carrying out economic and other activities that have or may have a negative impact on the environment, is carried out in accordance with the law.

Article 74. Environmental education

1. In order to form an ecological culture in society, educate careful attitude to nature, rational use of natural resources, environmental education is carried out through the dissemination of environmental knowledge about environmental safety, information about the state of the environment and the use of natural resources.

2. Environmental education, including informing the population about legislation in the field of environmental protection and legislation in the field of environmental safety, is carried out by government bodies of the Russian Federation, government bodies of the constituent entities of the Russian Federation, local government bodies, public associations, the media, and educational institutions, cultural institutions, museums, libraries, environmental institutions, sports and tourism organizations, and other legal entities.

Chapter XIV. Responsibility for violation of legislation in the field of environmental protection and resolution of disputes in the field of environmental protection

Article 75. Types of liability for violation of legislation in the field of environmental protection

For violation of legislation in the field of environmental protection, property, disciplinary, administrative and criminal liability is established in accordance with the law.

Article 76. Resolution of disputes in the field of environmental protection

Disputes in the field of environmental protection are resolved in court in accordance with the law.

Article 77. Obligation to fully compensate for damage to the environment

1. Legal entities and individuals who have caused harm to the environment as a result of its pollution, depletion, damage, destruction, irrational use of natural resources, degradation and destruction of natural ecological systems, natural complexes and natural landscapes and other violations of legislation in the field of environmental protection are obliged reimburse it in full in accordance with the law.

2. Damage to the environment caused by a subject of economic and other activities, including the project of which has a positive conclusion from the state environmental assessment, including activities for the removal of components of the natural environment, is subject to compensation by the customer and (or) the subject of economic and other activities.

3. Damage to the environment caused by a subject of economic and other activities is compensated in accordance with the fees and methods for calculating the amount of damage to the environment approved in the established manner, and in their absence, based on the actual costs of restoring the disturbed state of the environment, taking into account the losses incurred, including lost profits.

Article 78. Procedure for compensation for environmental damage caused by violation of legislation in the field of environmental protection

1. Compensation for environmental damage caused by violation of legislation in the field of environmental protection is carried out voluntarily or by decision of a court or arbitration court.

Determination of the amount of damage to the environment caused by violation of legislation in the field of environmental protection is carried out based on the actual costs of restoring the disturbed state of the environment, taking into account the losses incurred, including lost profits, as well as in accordance with projects for reclamation and other restoration work, in their absence, in accordance with the rates and methods for calculating the amount of damage to the environment, approved by executive authorities exercising public administration in the field of environmental protection.

2. Based on a decision of a court or arbitration court, damage to the environment caused by a violation of legislation in the field of environmental protection can be compensated by imposing on the defendant the obligation to restore the disturbed state of the environment at his own expense in accordance with the restoration project.

3. Claims for compensation for environmental damage caused by violation of environmental legislation may be brought within twenty years.

Article 79. Compensation for harm caused to the health and property of citizens as a result of violation of legislation in the field of environmental protection

1. Damage caused to the health and property of citizens by the negative impact of the environment as a result of economic and other activities of legal entities and individuals is subject to compensation in full.

2. Determination of the scope and amount of compensation for harm caused to the health and property of citizens as a result of violation of legislation in the field of environmental protection is carried out in accordance with the law.

Article 80. Requirements for restriction, suspension or termination of activities of persons carried out in violation of legislation in the field of environmental protection

Requests for restriction, suspension or termination of activities of legal entities and individuals carried out in violation of legislation in the field of environmental protection are considered by a court or arbitration court.

Chapter XV. International cooperation in the field of environmental protection

Article 81. Principles of international cooperation in the field of environmental protection

The Russian Federation carries out international cooperation in the field of environmental protection in accordance with generally accepted principles and norms of international law and international treaties of the Russian Federation in the field of environmental protection.

Article 82. International treaties of the Russian Federation in the field of environmental protection

1. International treaties of the Russian Federation in the field of environmental protection, which do not require the publication of internal acts for application, apply directly to relations arising in the implementation of activities in the field of environmental protection. In other cases, along with the international treaty of the Russian Federation in the field of environmental protection, the corresponding regulatory legal act adopted to implement the provisions of the international treaty of the Russian Federation is applied.

2. If an international treaty of the Russian Federation in the field of environmental protection establishes rules other than those provided for by this Federal Law, the rules of the international treaty apply.

Chapter XVI. Final provisions

Article 83. Entry into force of this Federal Law

This Federal Law comes into force on the date of its official publication.

Article 84. Bringing regulatory legal acts into compliance with this Federal Law

1. From the date of entry into force of this Federal Law, the following shall be declared invalid:

Law of the RSFSR of December 19, 1991 N2060-I “On the Protection of the Natural Environment” (Vedomosti Congress people's deputies Russian Federation and the Supreme Council of the Russian Federation, 1992, N10, Art. 457), with the exception of Article 84, which loses force simultaneously with the entry into force of the Code of the Russian Federation on Administrative Offences;

Law of the Russian Federation of February 21, 1992 N2397-I “On Amendments to Article 20 of the Law of the RSFSR “On Environmental Protection” (Gazette of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, N10, Art. 459);

Article 4 of the Law of the Russian Federation of June 2, 1993 N5076-I "On Amendments and Additions to the Law of the RSFSR "On the Sanitary and Epidemiological Welfare of the Population", the Law of the Russian Federation "On the Protection of Consumer Rights", the Law of the Russian Federation "On the Protection of the Natural Environment" "(Vedomosti of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, No. 29, Art. 1111);

Federal Law of July 10, 2001 N93-FZ “On introducing amendments to Article 50 of the RSFSR Law “On Environmental Protection” (Collected Legislation of the Russian Federation, 2001, N29, Art. 2948).

2. Resolution of the Supreme Council of the RSFSR dated December 19, 1991 N2061-I “On the procedure for enacting the Law of the RSFSR “On Environmental Protection” (Gazette of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, N10, Art. 458) loses force simultaneously with Article 84 of the RSFSR Law “On Environmental Protection”.

3. The President of the Russian Federation and the Government of the Russian Federation shall bring their regulatory legal acts into compliance with this Federal Law.

The president
Russian Federation
V. Putin

general characteristics Federal Law “On Environmental Protection”.

Federal Law of January 10, 2002 No. 7-FZ “On Environmental Protection” is fundamental in the system environmental legislation. The law is valid throughout the Russian Federation, as well as on the continental shelf and in the exclusive economic zone. It systematizes the rules relating to:

the rights of citizens to a healthy and favorable natural environment;

economic mechanism for environmental protection;

environmental quality standards;

state environmental assessment;

environmental requirements for the design, construction, reconstruction, commissioning of enterprises, structures and other facilities;

environmental emergencies;

specially protected natural areas and objects;

environmental control;

environmental education, education, scientific research, etc.

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

The Federal Law “On Environmental Protection” regulates relations in the sphere of interaction between society and nature that arise during the implementation of economic and other activities related to the impact on the natural environment as the most important component of the environment, which is the basis of life on Earth, within the territory of the Russian Federation, as well as on continental shelf and in the exclusive economic zone of the Russian Federation.

The Federal Law consists of 16 chapters (84 articles).

Chapter 1. General provisions (concepts, legislation, principles, objects);

Chapter 2. Fundamentals of management in the field of environmental protection (powers of government bodies of the Russian Federation, constituent entities of the Russian Federation, local government, delimitation of powers);

Chapter 3. Rights and obligations of citizens, public and others. associations in the field of environmental protection;

Chapter 4. Economic regulation in the region. ocher env. environment;

Chapter 5. Rationing in LLC;

Chapter 6. Environmental Impact Assessment. environment (assessment, environmental assessment);

Chapter 7. Requirements in LLCOS when carrying out economic and other activities;

Chapter 8. Ecological disaster zones, emergency zones (establishment procedure);

Chapter 9. Natural objects under special protection;

Chapter 10. State environmental monitoring (organization);

Chapter 11. Control in the field of environmental protection (ecological control) (control tasks, state control, rights and responsibilities of state inspectors, production control, municipal control);

Chapter 12. Scientific research in the field of environmental protection;

Chapter 13. Fundamentals of the formation of environmental culture;

Chapter 14. Responsibility for violation of legislation in LLCE and environmental safety;

Chapter 15. International cooperation in OOO (principles of medical workers, international treaties);

Chapter 16. Final provisions.

Structure and summary Law of the Russian Federation “On Environmental Protection”

Section 1. General provisions.

This section defines the following: the tasks of the environmental legislation of the Russian Federation, the system of environmental legislation, the basic principles of environmental protection, objects of environmental protection, competence government agencies authorities at various levels in the field of environmental protection.

The system of environmental legislation is built on the same principle as the main law.

Section 2. The right of citizens to a healthy favorable environment.

The right of citizens to health protection from the adverse effects of the natural environment caused by economic or other activities is secured; consequences of accidents, disasters, natural disasters, which is ensured by:

• - planning and regulation of the quality of the natural environment;
• - social insurance citizens;
• - providing real opportunities to live in conditions favorable to life and health;
• - compensation for harm caused to health;
• - state control over the state of the natural environment.

Section 3. Economic mechanism for environmental protection.

This section covers the following:

• - tasks of the economic mechanism;
• - the need to maintain inventories of natural resources;
• - sources of financing for environmental activities;
• - procedure for issuing a license for integrated environmental management;
• - limits on environmental management (withdrawal of natural resources, emissions and discharges of pollutants into the environment, disposal of production waste);
• - types of payments for natural resources (for the right to use natural resources within established limits, for over-limit and irrational use of natural resources, for the reproduction and protection of natural resources);
• - a mechanism for economic incentives for environmental protection (tax discounts, deferred payments, preferential loans, incentive prices and premiums for environmentally friendly products, etc.).

Section 4. Standardization of environmental quality.

The section provides the basic requirements for regulating the quality of the natural environment and provides a list of maximum permissible standards for impact on the natural environment.

Section 5. State environmental assessment.

The section defines the purpose of conducting a state environmental assessment (checking the compliance of economic and other activities with the environmental safety of society), the objects of the examination, and the possibility of conducting a public environmental assessment.

Section 6. Environmental requirements for the placement, design, construction, reconstruction, commissioning of enterprises, structures and other objects.

The section pays attention to the need to take environmental safety into account when developing feasibility studies for projects.

Section 7. Environmental requirements for the operation of enterprises, structures, other facilities and other activities.

The section provides separate environmental requirements:

• - in agriculture;
• - during reclamation works;
• - to energy facilities;
• - during the reconstruction and construction of cities and other populated areas;
• - when using chemicals;
• - to military and defense facilities.

Section 8. Environmental emergencies.

The law provides for the identification of two types of crisis zones:

• 1. Zones of environmental emergency - areas of the territory of the Russian Federation where, as a result of economic and other activities, sustainable negative changes occur in the natural environment, threatening the health of the population, the state of natural ecological systems, genetic funds of animals and plants;
• 2. Zones of environmental disaster - territories where profound irreversible changes in the natural environment have occurred, resulting in a significant deterioration in public health, disruption of natural balance, destruction of ecosystems, degradation of flora and fauna.

Such zones are declared by resolutions of the Government of the Russian Federation, decrees of the President of the Russian Federation on the basis of the conclusion of the state environmental assessment. In Russia, the following zones are recognized: Kuznetsk coal basin Kemerovo region, Nizhny Tagil, Sverdlovsk region, Bratsk, Irkutsk region.

Section 9. Specially protected natural territories and objects.

The section defines the conditions for classifying natural objects as specially protected, their legal regime and protection measures.

Section 10. Environmental control.

The section defines the tasks of environmental control:

• - monitoring the state of the natural environment and its changes;
• - checking the implementation of plans and measures for nature conservation, rational use of natural resources, improvement of the natural environment, compliance with the requirements of environmental legislation and environmental quality standards;

And also the levels of environmental control:

• - state;
• - production;
• - public.

Section 11. Environmental education, education, scientific research.

The section talks about the need for universal, comprehensive and continuous environmental education and training, as well as the mandatory requirement of environmental knowledge in educational institutions, preventive environmental training for managers and specialists, and scientific environmental research.

Section 12. Resolution of disputes in the field of environmental protection.

The law determines the possibility of resolving disputes between legal entities and individuals in court.

Section 13. Liability for environmental violations.

The section provides a definition of environmental offenses (guilty, illegal acts that violate environmental legislation); according to the methods of applying sanctions, 4 types of environmental and legal liability are distinguished:

• 1. Disciplinary (for individuals) - for failure to implement plans and measures for nature conservation and rational use of natural resources, violation of environmental quality standards and requirements of environmental legislation arising from labor function or official position;
• 2. Material (to individuals) - in the form of reimbursement of expenses of an enterprise, institution or organization to eliminate harm caused by an environmental violation;
• 3. Administrative (for individuals and legal entities) - for committing environmental offenses in the form of fines;
• 4. Criminal (for individuals) - for committing an environmental crime.

Section 14. Compensation for damage caused by environmental violations.

The law determines the obligation of full compensation for harm, the procedure for its compensation (voluntary, by court decision). Damage can be caused:

• - environment;
• - health;
• - property.

Section 15. International cooperation in the field of environmental protection.

The section provides principles and types of international cooperation.

The system of environmental legislation based on fundamental constitutional acts includes two subsystems: environmental and natural resource legislation.

The main law is the Constitution of the Russian Federation, which introduces into scientific circulation the definition of human environmental activity in the sphere of interaction between society and nature: environmental management, environmental protection, ensuring environmental safety.

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

The Constitution of the Russian Federation has two very important norms, one of which (Article 42) enshrines the human right to a favorable environment and to compensation for damage caused to his health or property, and the other proclaims the right of citizens and legal entities to private ownership of land and other natural resources (Article 9, Part 2).

The first concerns the biological principles of man, the second - his material foundations of existence.

The Constitution of the Russian Federation also formalizes the organizational and legal relations between the Federation and the subjects of the Federation. The current system of legislative and regulatory acts in the field of environmental protection, ensuring environmental safety and rational use of natural resources in accordance with the requirements of the Constitution of the Russian Federation is illustrated in Table. 1.

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

Firstly, this Law is the main legislative act, the subject of regulation of which is environmental relations.

Table 1.

Federal level	Regional level
Russian Federation Federal laws governing legal regulation on the territory of the Russian Federation Decrees of the President, resolutions of the State Duma, resolutions (orders) of the Government of the Russian Federation System of state standards (GOST) and building codes and regulations (SNIP) System of industry standards (OST, RD, Sanpin, MPC, OBUV, etc.) System of interdepartmental and departmental normative and methodological documentation International treaties, conventions, agreements and other international legal acts to which the Russian Federation is a party (legal successor)	Subjects of the Russian Federation Laws of the subjects of the Russian Federation Resolutions (orders) of executive authorities of the constituent entities of the Federation System of regional standards and regulations Bilateral international agreements

By regulating these relations, it aims to solve three problems: conservation of the natural environment, prevention and elimination harmful influence economic activities on nature and human health, improvement and improvement of the quality of environmental protection.

The law heads the system of environmental legislation, i.e., in matters of environmental protection, the norms of other laws should not contradict this legislation.

Secondly, the main direction of the Law is to ensure a scientifically based combination of environmental and economic interests with the priority of protecting health and natural human rights to a favorable environment. This justification is extremely acceptable standards impact of economic activities on the natural environment. Exceeding these standards is an environmental offense.

Thirdly, in contrast to sectoral laws (for example, the fundamentals of land legislation), the Law formulates requirements addressed to sources of harmful impacts on the natural environment, i.e., to enterprises, institutions and organizations that provide harmful effects to the natural environment.

Fourthly, central theme The law is a person, protecting his life and health from the adverse effects of environmental exposure. The Law considers a person both as a subject of impact on the natural environment, responsible for his activities, and as a subject of such impact, endowed with guarantees for compensation for harm caused.

Fifthly, the provisions of the Law establish the mechanism for its implementation, which consists of a system that includes economic incentives for the business owner in the PA and measures of administrative and legal influence on violators of environmental and legal regulations. The law establishes the economic mechanism of the environmental protection system, as well as the mandatory state environmental assessment, state environmental control, its powers to suspend, limit, terminate environmental activities hazardous industries, measures of administrative and criminal liability for environmental violations, compensation for damage to the natural environment and human health, environmental education and upbringing.

The effectiveness of this mechanism depends on the level of organizational activity of the supervisory and control bodies for environmental protection, on the material, technical and financial support of environmental protection measures, on executive discipline, as well as the state of environmental culture in society.

RF LAW “ON PROTECTION OF THE NATURAL ENVIRONMENT”

Since the time the new Federal Law “On Environmental Protection” was adopted, the previously valid Law of the RSFSR “On Environmental Protection” has lost force. When the previous legal act regulating this area of ​​society was adopted in December 1991, it represented the beginning of a new stage in the development of domestic legislation in the field of ecology. This was necessary due to the political, environmental, economic and social features of the country's development.

New law, which was adopted on January 10, 2002, has a structure similar to the previous legal act.

We present it below.

Chapter I. General provisions.

Chapter II. Fundamentals of environmental management.

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

Chapter IV. Economic regulation in the field of environmental protection.

Chapter V. Standardization in the field of environmental protection.

Chapter VI. Environmental impact assessment and environmental expertise.

Chapter VII. Requirements in the field of environmental protection when carrying out economic and other activities.

Chapter VIII. Ecological disaster zones, emergency zones.

Chapter IX. Natural objects under special protection.

Chapter X. State environmental monitoring (state environmental monitoring).

Chapter XI. Control in the field of environmental protection (ecological control).

Chapter XII. Scientific research in the field of environmental protection.

Chapter XIII. Fundamentals of the formation of ecological culture.

Chapter XIV. Responsibility for violation of legislation in the field of environmental protection and resolution of disputes in the field of environmental protection.

Chapter XV. International cooperation in the field of environmental protection.

Chapter XVI. Final provisions.

The preamble of the law in question states that this legal act defines the foundations that characterize state policy in terms of environmental protection, and also these foundations ensure a balanced solution to problems that relate to socio-economic ones. The fundamentals enshrined in laws are designed to preserve a favorable environment, biological diversity and natural resources in order to meet the needs of current as well as future generations, strengthen the rule of law in the field related to environmental protection, and ensure environmental safety. The law regulates relations related to the interaction of society and nature, which arise when economic and other activities are carried out affecting the natural environment, which appears to be an important component of the environment and is the basis of life on Earth, within the boundaries defined by the territory of Russia, as well as on the territory of the continental shelf.

Many experts give negative assessments of this normative legal act. Despite this, it also has a number of advantages. As such advantages, we can note, in particular, the presence of the legislator’s claim to implement comprehensive (integrated) regulation of relations related to environmental protection. In this case, we are considering an attempt to develop a broader mechanism related to the regulation of this area, in comparison with the Law that was in force earlier. Regarding the previously existing law, some experts expressed claims that were justified and related to the fact that it did not contain requirements related to the assessment of the environmental impact of the planned activity, environmental certification, and environmental audit. The new law, despite its shortcomings, contains some provisions regarding these instruments. The legal act talks about environmental audit. However, this procedure is discussed only in the article that contains the basic concepts. The law also contains general provisions, related to environmental entrepreneurship.

Based on the provisions contained in the concept related to sustainable development, great importance is paid to the regulation of rationing, which is related to the removal of components of the natural environment. These provisions are contained in Article 26 of the law.

The law also establishes a legal criterion that relates to the level of design of an enterprise and other facilities. Such an implementation criterion is the criterion that those technologies that correspond to the best should be implemented.

Based on the conditions that are associated with the development of a market economic system, the requirements that are presented in Article 53 of this law and which relate to the fact that when carrying out nationalization or privatization of property, measures must be taken to protect the environment and compensate for damage to it - are justified .

In assessing the merits of Article 65, which relates to state environmental control, it is necessary to bear in mind the traditionally problematic practice of the organization government controlled nature management and environmental protection that take place in the Russian Federation.

According to the new law, it is prohibited to combine functions that relate to state control in the field of environmental protection with functions that relate to the economic use of natural resources.

In the process of regulation in Article 75 of the types of liability associated with violation of legislation related to environmental protection, it is customary to distinguish the following types of liability:

Property liability;

Disciplinary responsibility;

Administrative responsibility;

Criminal liability.

Financial liability, which was provided for by the previous law, is excluded.

In this case, the legislator’s position is completely justified. Material liability associated with environmental violations, which is applied in an organization based on labor legislation, does not carry environmental content or environmental characteristics.

However, despite the above-described advantages of this law, it is also criticized by many experts, which is not unfounded.

For example, the law does not reflect approaches to environmental protection, as well as possible concepts related to the state environmental policy of the Russian Federation in the 21st century.

Another disadvantage of the law is the fact that it contains a significant number of provisions that can be called declarative. The law does not regulate procedural relations; it contains no modern means legal technology.

Many experts also point out the fact that the text of the law contains stylistic errors.

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