Environmental law. Cheat sheet: briefly, the most important

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Environmental law. Cheat sheet: briefly, the most important

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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Table of contents

The concept of environmental law, the history of its development and formation
Subject and methods of legal regulation of environmental law
System and principles of environmental law
Norms of environmental law and environmental legal relations
Specific Features of Environmental Law
Sources of environmental law
The concept of environmental legal relationship, the grounds for its occurrence and termination
Subjects and objects of environmental legal relations
The concept of ownership of natural resources, its types
The concept of environmental law, its types and principles
Legal forms of use of natural resources
Legal protection of natural objects
Organizational mechanism of environmental protection
Cadastres of natural objects and natural resources
Environmental monitoring
Environmental regulations
Ecological expertise: concept and types
Licensing: concept and types
Economic and legal mechanism of environmental protection
Legal responsibility in the field of environmental protection
Land as an object of legal protection
Water use right and its types
Objects and subjects of water relations
Water easements
Spheres of state government in the field of use and protection of water bodies
Legal Measures for Water Protection
Atmospheric air as an object of legal regulation
Legal liability for violations of legislation on the protection of atmospheric air
Objects and subjects of the right to use subsoil
The right to use subsoil and its types
Subsoil Use Licensing System
Management and control as a means of state regulation of subsoil use relations
The concept and protection of the continental shelf of the Russian Federation
Forest and flora outside forests as objects of legal protection
Forest use right
Types of forest management
Free and short-term use of forest fund plots. Forest easements
Fundamentals of the organization of forestry and state control and protection of forests and flora outside forests
Fauna as an object of legal protection
The right to use wildlife and its types
Licensing of the use of wildlife
Red Book of the Russian Federation
Legal Regime of Specially Protected Natural Territories
Responsibility for violation of the regime of specially protected natural areas. Environmental crimes
State Cadastre of Specially Protected Natural Territories
Legal regulation of handling hazardous and radioactive substances and waste
Concepts and types of ecologically unfavorable territories
Legal Regime of Ecologically Unfavorable Territories
International legal mechanism for environmental protection
Sources of international environmental law
International cooperation in the field of environmental protection
Principles of international cooperation in the field of environmental protection
Protection of flora and fauna in international treaties
International legal prohibition of military impact on the environment
International conferences meetings and organizations for environmental protection (EP)
International environmental legal responsibility

1. The concept of environmental law, the history of its development and formation

Environmental law is one of the branches of Russian law. It regulates social relations in the sphere of interaction between nature and society in the interests of mankind. Thus, environmental law is understood as a set of rules governing social relations in the field of interaction between society and nature in order to preserve and rationally use the environment for present and future generations of people (environmental relations).

In terms of history The system of legal regulation of the interaction between society and nature is divided into four stages:

1) civil law;

2) land;

3) land resource;

4) ecological.

The main role in the system of regulation "society - nature" has always belonged to land law. In Russian pre-revolutionary legislation, land law was not an independent area of law. Initially, it was part of civil law. This was due to the fact that the land was declared real estate, the object of sale, donation, pledge, lease, inheritance and other civil law transactions.

The decree of 1917 and subsequent decrees of the Soviet state abolished private ownership of land. The land was withdrawn from civil circulation and transferred to the exclusive ownership of the state. Thus, land relations emerged from civil relations and became an independent legal area.

In the future, land law developed along the path of differentiation of land relations. However, the processes of differentiation inherent in the legal systems of the XNUMXth century did not go beyond what was permitted, i.e., only the state was the owner of land, subsoil, water, and forests.

The historical process that took place within the framework of administrative socialism led to the fact that environmental law began to be a combination of environmental and natural resource law.

With the collapse of the system of administrative socialism and the transition to a market economy, the denationalization of natural resources took place, as a result of which, instead of a single exclusive state property, several forms of ownership of natural resources were established. These forms include: the right of state, private and municipal property. Land and other natural resources become objects of economic turnover. Gradually, relations that have acquired a property character are distinguished from land relations. The method of legal regulation becomes civil law, which is based on the equality of the parties.

Only those types of environmental relations that are aimed at ensuring the ecological function of nature have remained in environmental law.

2. Subject and methods of legal regulation of environmental law

В subject of legal regulation may include such social relations as:

1) relations that have a strong-willed character;

2) relations that are formed about the objects of nature and their ecological interactions;

3) relations constituting the scope of environmental legal norms.

Subject of environmental law - these are social relations in the field of interaction between society and nature.

The subject of environmental law is different:

1) from natural resource law - by a wider range of social relations, their different quality;

2) from civil law - the absence of a property nature in the use and protection of natural objects, the absence of commodity relations in the field of nature management;

3) from agrarian law - the difference between the subject of law. The leading method in environmental law is the method of greening, which is aimed at harmonizing the relationship between society and nature.

The grounds for the emergence of environmental legal relations are legal facts, which in turn are divided into events and actions. An event arises and gives rise to environmental and legal relations regardless of the will of a person. Action is the most common basis for the emergence of environmental legal relations. The institution of environmental law is a set of environmental legal norms that regulate a narrow range of such social relations.

Greening method are made up of the following elements:

I) consolidation in the current legislation of the structure of bodies that carry out specific management of the use of natural objects that control the safety and reproduction of the country's ecological system;

2) consolidation in the current legislation of the circle of users of natural resources;

3) regulation of the rules of nature management, determined, on the one hand, by the specific nature of the object of nature management, and, on the other hand, by the legal status of the nature user;

4) establishment of legal liability for violation of the rules of nature management.

Also, the environmental-legal method of regulation is manifested in other branches of Russian law. This is carried out through imperative and dispositive approaches to establishing the obligations and rights of the subjects of legal relations.

Environmental law manifests itself in the following forms:

1) legal doctrines and ideas in environmental law, which constitute the legal concept of the interaction between society and nature;

2) norms of environmental law, which establish the rules of human behavior regarding the use and protection of the environment, ensuring environmental safety;

3) legal relations.

3. System and principles of environmental law

Environmental law system - a set of institutions of environmental law, arranged in a certain sequence according to environmental legislation.

The institution of environmental law is a set of environmental legal norms that regulate a narrow range of similar social relations.

The concept of "system of environmental law" includes three semantic meanings: a branch of law, science and academic discipline.

The main principles of environmental law are determined on the basis of the conceptual provisions of the environmental doctrine on the interaction of society and nature. These principles are defined by Art. 3 of the Federal Law of January 10, 2002 No. 7-FZ "On Environmental Protection".

According to the grounds of Art. 3 of the Federal Law "On Environmental Protection" the main principles of environmental protection are:

1) observance of the human right to a favorable environment;

2) a scientifically based combination of environmental and economic interests;

3) rational use and reproduction of natural resources;

4) liability for environmental offenses;

5) international cooperation in the field of environmental protection.

All the norms regulating environmental relations of environmental protection, which are enshrined in the environmental law, must comply with these principles, the principles, and not the letter of the law, will be priority. If the law enforcement agency has encountered a gap in the regulation of environmental legal relations and there is no specific rule, then it has the right to be guided by the general principles of environmental protection, which are formulated in the current legislation.

Thus, the provision on the correlation between the norm of the law and the principle enshrined in the law is the same for all branches of Russian law.

There are the following principles of environmental law:

1) the principles inherent in the General Part of Environmental Law (use and protection of land and other natural resources as the basis of life and activity of the peoples living in the relevant territory; nationwide management of nature management; targeted use of natural objects; rational and efficient use of natural objects; priority of conservation measures );

2) the principles inherent in the Special Part of Environmental Law (priority of agricultural land; priority of drinking and domestic water; priority of the use of subsoil for the development of minerals; priority of the conditions for the existence of animals in a state of natural freedom; priority of forests of protective significance).

4. Norms of environmental law and environmental legal relations

Environmental Law are requirements in the field of environmental protection, and environmental offenses - non-compliance with these requirements, enshrined in legislation, norms, rules, etc. Such requirements include the requirements for:

1) placement, design, construction, reconstruction, commissioning, operation, conservation and liquidation of buildings, structures, structures and other objects;

2) placement of buildings, structures, structures and other objects;

3) design of buildings, structures, structures and other objects;

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

5) commissioning of buildings, structures, structures and other facilities;

6) operation and decommissioning of buildings, structures, structures and other facilities;

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

8) placement, design, construction, reconstruction, commissioning, operation and decommissioning of military and defense facilities, weapons and military equipment;

9) operation of agricultural facilities;

10) land reclamation, placement, design, construction, reconstruction, commissioning of separately located hydraulic structures;

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

12) production and operation of automobile and other vehicles;

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

14) production, handling and disposal of potentially hazardous chemicals, including radioactive and other substances and microorganisms;

15) use of radioactive substances and nuclear materials;

16) the use of chemicals in agriculture and forestry;

17) handling of production and consumption wastes;

18) establishment of protective and security zones;

19) privatization and nationalization of property;

20) protection of the environment from negative biological impact;

21) protection of the environment from negative physical impact.

For violation of environmental requirements, administrative criminal sanctions are provided.

5. Specific features of environmental law

Legislation in the field of environmental protection defines the legal framework for state policy in this area, ensuring a balanced solution of socio-economic problems, maintaining 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.

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

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

Objects of environmental protection environment from pollution, depletion, degradation, damage, destruction and other negative impact of economic and other activities are:

1) land, subsoil, soil;

2) surface and ground waters;

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

4) atmospheric air, ozone layers of the atmosphere and near-earth space.

Citizens have the right:

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

2) send appeals to state authorities and officials about obtaining timely, complete and reliable information about the state of the environment in their places of residence, measures for its protection;

3) take part in meetings, rallies, demonstrations, processions and picketing, collection of signatures for petitions, referendums on environmental issues and other actions;

4) put forward proposals for conducting a public environmental review and participate in its conduct in the prescribed manner;

5) provide assistance to public authorities in resolving issues of environmental protection;

6) apply to state authorities and other organizations with complaints, statements and proposals on issues related to environmental protection, negative impact on the environment, and receive timely and reasonable answers;

7) bring claims to court for compensation for damage caused to the environment.

6. Sources of environmental law

Sources of environmental law - regulations adopted by authorized state bodies and local governments in the prescribed form and in compliance with a certain procedure, regulating public relations in the field of nature management, environmental protection and environmental safety.

The public source of environmental law is environmental legislation, which is conditionally divided into three subsystems.

1. Normative acts of complex regulation, created on the basis of and in accordance with the Constitution of the Russian Federation. An example of such acts is the Federal Law "On Environmental Protection". This law is the main comprehensive legislative act regulating public relations in the field of environmental protection.

2. Regulations that regulate the use of natural resources, for example, the Forest Code of the Russian Federation dated December 4, 2006 No. 200-FZ (LK RF).

3. Federal Law No. 21-FZ of December 1994, 69 "On Fire Safety" and Federal Law No. 9-FZ of January 1996, 3 "On Radiation Safety of the Population".

Sources of environmental law have all the features that are characteristic of the sources of law, i.e. they are of an official nature and are recognized by the state. This determines the support of the norms contained in them, their state security. A special feature is that a special place is given to international legal acts. These acts include:

Convention for the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (1972);

Protocol (1985) on the reduction of emissions of sulfur or its transboundary fluxes by at least 30%;

Convention (1979) on Long-range Transboundary Air Pollution.

Approximately 4 normative acts of various legal force are united in environmental legislation.

The peculiarity of environmental legislation is that in the total volume of normative acts, by-laws prevail, and among by-laws - departmental acts. This means that most public relations in the field of nature management, environmental protection and environmental safety are regulated not by acts of higher legal force - laws, but by-laws, most often departmental ones.

Among the provisions of environmental legislation there are many technical norms. Their role in environmental law is one of the main ones. Technical norms are included in normative acts and thus acquire the status of technical and legal norms.

First of all, this refers to the standards for maximum allowable discharges and emissions of pollutants, the size of sanitary protection zones, the rules for the construction and operation of treatment facilities, etc.

The fundamental environmental norms are enshrined in the Constitution of the Russian Federation of 1993.

7. The concept of environmental legal relationship, the grounds for its occurrence and termination

Environmental legal relations - these are social relations that arise in the sphere of interaction between society and nature and are regulated by the norms of environmental law. The grounds for the emergence of legal legal relations are legal facts, which are divided into events and actions. An event arises and gives rise to environmental and legal relations regardless of the will of a person, for example, natural disasters, volcanic eruptions, forest fires, floods, etc. However, events do not always act as purely natural phenomena. Quite often they are the consequences of ill-conceived human activity.

The most common basis for the emergence of environmental legal relations is action. This is due to the fact that at the present stage, the main source of harm to the natural environment and, accordingly, through it, to a person is anthropogenic activity. The manifestation of actions is carried out through the actions of people. There are the following types of actions: positive; negative.

The positive behavior of a person as a participant in environmental legal relations is the fulfillment by him of the environmental requirements of the law in the process of nature management.

According to two forms of interaction between society and nature these activities are divided into:

1) use of natural resources - economic activities that have an impact on the natural environment;

2) environmental protection - environmental actions that neutralize the harmful effects of the above activities.

The grounds for termination of environmental legal relations can be conditionally divided into two groups. The first group consists of grounds that occur at the will of the nature user; these include: refusal to use a natural resource, liquidation of an enterprise, death of a nature user. The second group consists of such grounds that are committed at the will of state bodies authorized to protect the natural environment: withdrawal of a natural resource; deprivation of the right to use due to violation of the law, irrational use of a natural resource, non-development of it within the established period, evasion of taxes and other legal payments, violation of contractual obligations.

The grounds for terminating an environmental legal relationship or changing it are:

1) the decision of the body performing the functions of state environmental control over the protection of the natural environment;

2) decision of the court, arbitration court;

3) representation of sanitary, mining supervision bodies and other specially authorized bodies;

4) representation or protest of the prosecutor's office in connection with the violation of the current legislation on the procedure for the use and protection of the environment.

If the competent authority does not agree to comply with the instructions of the prosecutor's office, the prosecutor has the right to file a claim with the arbitration court on the merits of the violation. The decision of the arbitral tribunal is final.

8. Subjects and objects of environmental legal relations

Subjects of environmental law - these are persons who have the rights and obligations provided for by environmental legislation.

The Constitution of the Russian Federation stipulates that land and other natural resources are used and protected as the basis of the life and activity of peoples. The state guarantees the protection of the environmental rights of man and citizen. It follows from this that the state as a subject represented by its competent authority is a participant in environmental legal relations. The state is the subject of environmental legal relations even if natural resources legally become the property of legal entities or individuals or are transferred to them for possession, permanent or temporary use (lease).

A legal or natural person that affects the natural environment for the purpose of its use, reproduction or protection also acts as a subject of environmental relations. Such entities also include citizens, foreign and business entities.

Economic entities - enterprises, institutions, organizations that affect the natural environment, including citizens who are engaged in entrepreneurial activities, as well as citizens who carry out general or special nature management.

The bearers of authority for management and control in the field of environmental protection are state bodies.

Objects of environmental legal relations - natural objects. They can be both individual natural objects and the natural habitat as a whole.

The law provides that, under certain conditions, the objects of environmental legal relations can be natural complexes - nature reserves, wildlife sanctuaries, natural monuments, medical and recreational areas, etc.

Features of the content of environmental legal relations depend on the natural object in relation to which they arise. Proceeding from this, rights and obligations are distinguished in land, water, forest and non-drainage legal relations that are associated with the use and protection of lands, waters, forests, and subsoil. At the same time, sectoral rights and obligations are highlighted, which are aimed at protecting individual natural objects. However, along with sectoral powers, there are also complex powers. They establish rights and obligations regarding the protection of the entire natural environment. Such powers are vested in special state bodies for the protection of the natural environment and economic entities - nature users who use nature to fulfill their practical tasks.

9. The concept of ownership of natural resources, its types

Land and other natural resources are used and protected in the Russian Federation as the basis for the life and activities of the peoples who live in the respective territory. Land and other natural resources may be in private, state, municipal and other forms of ownership. Lands that are not owned by citizens, legal entities or municipalities are state property.

The owner of land and other natural resources owns, uses and disposes of them freely, provided that this does not damage the environment and does not violate the rights and legitimate interests of other persons. However, the basic rights of the owner to natural objects and resources may be limited due to their special significance for society. This is primarily due to social and environmental reasons.

Ownership of natural resources - Possibility of possession, use and disposal of these natural resources.

In an objective sense, the right of ownership covers legal norms that fix, regulate and protect the state of ownership of material assets by certain individuals and legal entities.

Possession eligibility - the actual belonging of material assets to a specific person established by law.

Authorization to use - based on the law, the possibility of exploiting material values, extracting useful properties from them in order to meet production and personal needs.

Authority of disposition - the opportunity granted to the owner by law to change the legal fate of the material values belonging to him.

All three listed powers must be available to the owner at the same time. This is necessary for ownership.

The owner bears the burden of costs for the protection, protection, reproduction and organization of the rational use of objects of environmental relations belonging to him.

The owner has the right to receive income from the use of the forest fund and forests that are not included in the forest fund.

The legislation provides for the following types of ownership of natural objects and resources:

1) the right of private property;

2) the right of state ownership:

a) federal property;

b) the property of the subjects of the Federation;

3) the right of municipal property.

Privatization of natural objects is one way of acquiring ownership of them. In other words, privatization is the transfer of state-owned natural objects and resources into the ownership of citizens and legal entities in the manner prescribed by laws on the privatization of state and municipal property.

10. The concept of the right to use nature, its types and principles

Nature management - this is an activity that is associated with the extraction of useful properties of the natural environment in order to meet the various interests of society.

Article 9 of the Constitution of the Russian Federation defines land and other natural resources as the basis for the life and activities of peoples.

natural environment is a natural and necessary condition for the life of society, therefore, the interest in preserving the natural environment favorable for existence is characteristic of both society as a whole and each person individually. Proceeding from this, it is necessary to establish by society and the state the correct behavior of people in relation to nature. The right to use nature is a form of organization of such behavior.

Only types of use of the properties of the natural environment that are subject to legal regulation are subject to regulation. The regulation applies to such natural objects as land, water, forests, subsoil, etc.

The norms that regulate nature management constitute a separate institution of environmental law.

The right to use nature - an institution that determines the procedure for the use of natural resources, as well as the powers of users of natural resources and their responsibility. The formation of this system is based on sources of various levels. These include the Constitution of the Russian Federation, federal laws, relevant regulations of the President of the Russian Federation and the Government of the Russian Federation.

Articles 9, 36, 41, 42, 58, 72 of the Constitution of the Russian Federation define the initial provisions for nature management. In accordance with the Constitution of the Russian Federation, the use of land and other natural resources is subject to no damage to the environment. The Constitution of the Russian Federation separates the powers of the Federation and its subjects in terms of regulation of nature management. At the same time, in Art. 72 of the Constitution of the Russian Federation, the issues of ownership, use of land, subsoil, water and other natural resources are assigned to the joint jurisdiction of the Russian Federation and its subjects.

Principles of nature management:

1) public principles (democracy, federalism, equality, legality, interconnection of rights and duties);

2) principles directly related to nature management (control of the right to use by the state, targeted nature of use, combination of use and protection).

Types of nature management are distinguished according to various criteria, but no classification is exhaustive and universal.

The following is the most widely used classification of types of environmental rights:

1) by types of exploited natural objects;

2) by spheres of human activity;

3) by subjective and objective composition.

11. Legal forms of use of natural resources

Use of natural resources is the exploitation of natural resources, their involvement in economic circulation, as well as all types of impact on them in the course of economic and other activities.

Relations that arise 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, subsoil legislation, wildlife, other legislation in the field of environmental protection and nature management.

The rational use of natural resources is one of the essential conditions for ensuring a favorable environment and environmental safety.

Combining the functions of state control in the field of environmental protection (state environmental control) and the functions of economic use of natural resources is prohibited.

Distinguish the following types of subsoil use:

1) regional geological study, other work carried out without significant violation of the integrity of the subsoil;

2) geological study, including prospecting and evaluation of mineral deposits, study and evaluation of the suitability of subsoil plots for the construction and operation of underground structures not related to the extraction of minerals;

3) exploration and extraction of minerals, as well as the use of waste from mining and related processing industries;

4) construction and operation of underground structures not related to the extraction of minerals;

5) the formation of specially protected geological objects of scientific, cultural, aesthetic, health-improving and other significance (such as scientific and educational polygons, geological reserves, wildlife sanctuaries, natural monuments, caves and other underground cavities);

6) collection of mineralogical, paleontological and other geological collection materials.

For persons who are not owners of water bodies, as well as depending on the purpose of use, resource potential and the ecological state of water bodies, the following are distinguished: types of water use:

1) long-term use (from 3 to 25 years);

2) short-term use (up to 3 years);

3) limited use (water easement).

Forms of water easement:

1) public - everyone can use public water bodies and other water bodies;

2) private - the rights of persons to whom water objects are provided for long-term or short-term use are limited. The basis for the establishment of private easements is also a court order.

12. Legal protection of natural objects

Objects of environmental protection from pollution, depletion, degradation, damage, destruction and other negative impact of economic or other activities are:

1) land, subsoil, soil;

2) surface and ground waters;

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

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

First of all, natural ecological systems, natural landscapes and natural complexes that have not been subject to anthropogenic impact are subject to protection.

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

natural landscape - a territory that is not subject to change as a result of economic and other activities and is characterized by a combination of certain types of terrain, soils, vegetation, which are formed in uniform climatic conditions.

Natural complex is a complex of functionally and naturally interconnected natural objects that are united by geographical and other relevant features.

Subject to special protection:

1) objects included in the World Cultural Heritage List and the World Natural Heritage List;

2) state nature reserves, including biosphere reserves, state nature reserves, natural monuments, national, natural and dendrological parks, botanical gardens, health-improving areas and resorts, other natural complexes;

3) the original habitat, places of traditional residence and economic activity of the indigenous peoples of the Russian Federation;

4) objects of special environmental, scientific, historical and cultural, aesthetic, recreational, health and other value;

5) the continental shelf and the exclusive economic zone of the Russian Federation;

6) rare or endangered soils, forests and other vegetation, animals and other organisms and their habitats.

To ensure the protection of these natural objects, a special legal regime is introduced and specially protected natural territories are created. Economic and other activities that have a negative impact on the environment and lead to the degradation and (or) destruction of natural objects that have special environmental, scientific, historical, cultural, aesthetic, recreational, health and other valuable significance and are under special protection are prohibited.

13. Organizational mechanism for environmental protection

The organizational mechanism for environmental protection includes the main activities in this area.

The implementation of regulation in the field of environmental protection is carried out in order to:

1) state regulation of the impact of economic and other activities on the environment, which guarantees the preservation of a favorable environment;

2) ensuring environmental safety. The development, approval and implementation of standards and regulatory documents is carried out on the basis of modern achievements in science and technology. At the same time, international rules and standards in the field of environmental protection are taken into account.

Licensing subject to certain types of activities in the field of environmental protection.

Environmental certification is carried out in order to ensure the environmentally safe implementation of economic and other activities on the territory of the Russian Federation. It may be mandatory or voluntary.

An environmental impact assessment is carried out in relation to the planned economic and other activities that may have a direct or indirect impact on the environment, regardless of the organizational and legal forms of ownership of the subjects of economic and other activities. It is carried out during the development of all alternative options for pre-project (including pre-investment) and project documentation, substantiating the planned economic and other activities, with the participation of public associations.

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

State monitoring environment (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, as well as in in order to meet the needs of the state, legal entities and individuals in reliable information necessary to prevent and (or) reduce the adverse effects of changes in the state of the environment.

Control in the field of environmental protection (environmental control) is carried out in order to ensure that the state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local authorities, legal entities and individuals comply with the legislation in the field of environmental protection, compliance with requirements, including standards and regulations in the field of environmental protection, and ensuring environmental safety.

14. Cadastres of natural objects and natural resources

Cadastre - a set of information about the quantitative and qualitative state of natural resources, their environmental and economic assessment. Cadastre maintenance is carried out at the federal, republican, regional and regional levels. Their maintenance is entrusted to the relevant state environmental authorities. These bodies maintain the following cadastres: land, water, forest, mineral deposits, wildlife, natural reserves, medical and health-improving natural resources, etc.

The main provisions on the cadastre are defined in the Federal Law of the Russian Federation of January 2, 2000 No. 28-FZ "On the State Land Cadastre".

Subject to state cadastral registration land plots located on the territory of the Russian Federation, regardless of the form of land ownership, intended purpose and permitted use of land plots. The maintenance of the state land cadastre throughout the Russian Federation is carried out according to a single methodology and represents consistent actions for collecting, documenting, accumulating, processing, recording and storing information about land plots.

Legal basis for conducting water cadastre is the Water Code of the Russian Federation dated June 3, 2006 No. 74-FZ. The water legislation determines the procedure for maintaining the water cadastre, within the framework of which the certification of rivers and lakes, which are of ecological, economic and recreational importance, is carried out. The Forest Code determines the legal status of the state forest cadastre. When maintaining the state forest cadastre, data from the state registration of the forest fund, carried out on the basis of Art. 67 LK RF. The State Forest Cadastre is maintained by the Ministry of Natural Resources of the Russian Federation and its local authorities.

Law of the Russian Federation of February 21, 1992 No. 2395-1 "On Subsoil" determines the legal regime for maintaining a cadastre of mineral deposits. This cadastre is maintained by the federal governing body of the State Subsoil Fund (Ministry of Natural Resources of the Russian Federation).

Cadastre of the animal world is carried out on the basis of the Federal Law of the Russian Federation of April 24, 1995 No. 52-FZ "On the Fauna". The state cadastre of wildlife objects is maintained in order to ensure the protection and use of wildlife, the conservation and restoration of its habitat. The organization and maintenance of this cadastre is carried out by specially authorized bodies for the protection, control and regulation of the use of objects of the animal world and its habitat.

Cadastre of nature reserves is carried out on the basis of the Federal Law of the Russian Federation of March 14, 1995 No. 33-FZ "On Specially Protected Natural Territories". The procedure for maintaining this cadastre is established by the Government of the Russian Federation.

Other cadastral documents include accounting of environmental pollutants, which is carried out by the amount and composition of emissions, and accounting of waste disposal by composition and toxicity.

15. Environmental monitoring

Environmental monitoring (environmental 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 - monitoring of the environment, carried out by public authorities of the Russian Federation and public authorities of the constituent entities of the Russian Federation.

Goals environmental monitoring (Article 63 of the Federal Law of January 10, 2002 No. 7-FZ "On Environmental Protection"):

1) monitoring the state of the environment, including in areas where sources of anthropogenic impact are located;

2) monitoring the impact of anthropogenic sources on the environment;

3) ensuring the needs of the state, legal entities and individuals in reliable information necessary to prevent and (or) reduce the adverse effects of changes in the state of the environment.

Information obtained as a result of state environmental monitoring may be provided for use by:

1) public authorities of the Russian Federation;

2) public authorities of the constituent entities of the Russian Federation;

3) local governments.

The information obtained during the state environmental monitoring is intended to develop:

1) forecasts of socio-economic development

2) federal programs in the field of environmental development of the Russian Federation;

3) target programs in the field of environmental protection of subjects of the Russian Federation and measures for environmental protection.

Information on the state of the environment and its pollution and information products are open and publicly available, with the exception of information classified as restricted access, and can be distributed in two ways:

1) free of charge in the form of texts in writing, tables and graphs on networks of electric and postal communication through the media in the mode of regular messages or at the request of users;

2) under contracts.

At the present stage, state environmental monitoring is carried out in the Russian Federation:

1) water bodies;

2) aquatic biological resources;

3) food quality and safety, public health;

4) atmospheric air;

5) the state of internal maritime waters and territorial seas;

6) objects of the animal world;

7) the unique ecological system of Lake Baikal;

8) social and hygienic.

For this purpose, a departmental monitoring network has been created.

16. Environmental regulations

Environmental quality standards - these are the maximum permissible norms for the impact on the environment from anthropogenic human activities.

General requirements to the content of these norms are formulated in the Federal Law "On Environmental Protection". These include:

1) environmental safety of the population;

2) preservation of the genetic fund, i.e. not only plants and animals, but also the human genetic fund;

3) ensuring the rational use and reproduction of natural conditions for the sustainable development of economic activity.

Maximum allowable standards - this is a kind of compromise between the economy and ecology, which allows you to develop the economy and protect human life and well-being on the basis of mutual interest.

Of all these standards, there are three groups:

1) sanitary and hygienic standards, which include standards for maximum permissible concentrations of harmful substances - chemical, biological, physical effects, standards for sanitary, protective zones, maximum permissible levels of rational impact. The purpose of such standards is to define indicators of environmental quality in relation to human health;

2) production and economic standards.

At the head of this group are the standards for emissions and discharges of harmful substances. The normative acts under consideration also include any other requirements for sources in order to protect the environment and human health;) auxiliary norms and rules. Their main task is to ensure unity in the terminology used, in the activities of organizational structures and in the legal regulation of environmental relations.

Decree of the Government of the Russian Federation of August 3, 1992 No. 545 approved the procedure for the development and approval of environmental regulatory emissions and discharges of pollutants into the environment, limits on the use of natural resources, and waste disposal.

Draft standards for emissions and discharges of pollutants are developed by the enterprises themselves. At the same time, proposals from local self-government bodies, scientific institutions, public organizations, and public opinion are taken into account.

The procedure for the development of norms in the field of the use of nuclear energy is defined in Regulation No. 1 of December 1997, 1511 "On the development and approval of federal norms and rules in the field of the use of nuclear energy."

In accordance with Decree of the Government of the Russian Federation of December 19, 1996 No. 1504 "On the procedure for developing the approval of standards for maximum permissible harmful effects on water bodies", standards for maximum permissible harmful effects on water bodies are being developed.

17. Ecological expertise: concept and types

Environmental assessment - establishing the compliance of the planned economic and other activities with economic requirements and determining the admissibility of the implementation of objects of environmental expertise.

Goals carrying out ecological expertise:

1) checking the compliance of economic and other activities with the environmental safety of the company;

2) prevention of possible adverse impacts of economic activities on the environment and related social, economic and other consequences of the implementation of the object of environmental expertise;

3) determination of the admissibility of the implementation of the object of environmental expertise.

Legislation of the Russian Federation on environmental expertise:

1) the Constitution of the Russian Federation;

2) Federal Law of November 23, 1995 No. 1 74-FZ "On Environmental Expertise";

3) Federal Law "On Environmental Protection".

There are two types of environmental expertise: state expertise, organized and conducted exclusively by the federal executive body for a period of not more than 6 months, and public.

Principles of carrying out ecological expertise:

1) the obligation to carry out before making a decision on the implementation of the object;

2) the presumption of potential environmental hazard of any planned economic and other activities and the complexity of assessing its impact and consequences on the environment;

3) the obligation to take into account the requirements of environmental safety during the implementation;

4) reliability and completeness of the information provided;

5) independence of experts;

6) publicity, participation of public organizations, consideration of public opinion;

7) the responsibility of the participants in the environmental review and interested parties for the organization, conduct, quality of the environmental review.

The following are subject to obligatory state ecological expertise conducted at the federal level:

1) contracts providing for the use of natural resources and production wastes;

2) draft international treaties and legal acts of the Russian Federation;

3) draft technical documentation for new equipment, technology, materials, substances, certified goods;

4) draft schemes for the protection and use of water, forest, land and other natural resources of the Russian Federation;

5) feasibility studies for construction, reconstruction, expansion, technical re-equipment, etc.;

6) documentation for changing the functional status, type and nature of the use of territories of federal significance, including materials justifying the transfer of forest land to non-forest land;

7) substantiation materials for licenses to carry out activities that can have an impact on the environment.

18. Licensing: concept and types

License - this is the permission of the competent state body to carry out the type of activity specified in it, subject to the obligatory observance of license requirements and conditions.

The term "environmental license" means a permit for the extraction, use, consumption of natural resources, emissions, discharges, placement of harmful substances, indicating ways to control the protection and rational use of natural resources.

There are two forms of environmental licenses: complex; special.

License for integrated nature management is a permit issued to a nature user by specially authorized bodies of the Russian Federation in the field of environmental protection.

A license is issued for each type of licensed activity. Federal Law No. 8-FZ of August 2001, 128 "On Licensing Certain Types of Activities" prohibits the transfer of a license to another legal entity or individual.

essential feature of any license is that it is issued after the state environmental review, and when licensing integrated nature management - only after the nature user receives a private permit from specialized state bodies. A license for integrated nature management combines various limits and other environmental requirements into a system. Such association is carried out on the territory, on the object as a whole or on the totality of types of licensed activities. Moreover, a license for integrated nature management is not a basis for the right to a specific type of nature management.

It only determines its conditions. Rights to specific uses are provided for in contracts or in special licenses, which in some cases serve as such contracts. An example of this can be: a lease agreement for integrated nature management, a license for the right to use subsoil, etc.

The organizational support of the state licensing system is assigned to the federal management body of the State Subsoil Fund and its territorial bodies.

The Law "On Licensing Certain Types of Activities" establishes a general the procedure for conducting licensed activities.

This requires the following:

1) documents submitted by the applicant to the bodies authorized to conduct licensed activities;

2) 30-60 days for making a decision on issuing or refusing to issue a license. The term starts to run from the date of receipt of the application;

3) grounds for refusal to issue a license;

4) information specified in the license;

5) the procedure for issuing or reissuing a license;

6) payment for licensing;

7) conditions for suspension of the license, its loss of legal force or its annulment;

8) other questions.

19. Economic and legal mechanism of environmental protection

economic mechanism environmental protection is expressed in the fact that, along with administrative and legal means of influence, it includes economic means and methods that stimulate the subjects of nature management to a rational and careful attitude towards nature. To solve this problem, the following is defined:

1) planning and financing of environmental protection measures;

2) setting limits on the use of natural resources, emissions and discharges of pollutants into the environment and waste disposal;

3) establishment of payment standards and amounts of payments for the use of natural resources, emissions and discharges of pollutants into the environment, waste disposal and other types of harmful effects;

4) provision of tax, credit and other benefits to enterprises, institutions, organizations and citizens when they introduce low-waste and resource-saving technologies, non-traditional types of energy, and implement other effective measures to protect the environment;

5) compensation in accordance with the established procedure for damage caused to the environment and human health.

The purpose of the nature financing mechanism is development of direct and indirect methods of state regulation of this

for environmental purposes: the federal budget; budgets of subjects of the Russian Federation; local budgets.

In addition to the main sources of financing, there are extra-budgetary additional sources of funds for environmental purposes. They are off-budget environmental funds. Such funds are created in the Russian Federation, the republics within the Russian Federation, territories, regions, autonomous formations, cities, regions.

Individual enterprises, institutions and organizations have the right to use their own funds to finance measures for the protection of the natural environment.

The Law gives the right to the specified subjects to form their own environmental funds at the expense of:

1) depreciation deductions for environmental structures and facilities;

2) proceeds from claims for compensation for damage to the enterprise as a result of violation of environmental requirements by other enterprises;

3) for untimely commissioning and low quality of environmental facilities due to the fault of contractors;

4) targeted bank loans for environmental purposes, etc.

Environmental insurance as an element of the economic mechanism for protecting the natural environment - a way to protect the property interests of citizens and legal entities in the event of adverse consequences at the expense of monetary funds created by insurers.

Forms of environmental insurance: mandatory; voluntary.

20. Legal responsibility in the field of environmental protection

Environmental offense - a guilty, unlawful act that violates environmental legislation and has caused harm to the environment and human health.

Object of environmental offense - public relations in the field of nature management and environmental protection.

Direct object of environmental offense - public relations in a particular area of nature management.

The objective side of the environmental offense - an illegal act, which is expressed in action or inaction.

The subjective side of an environmental offense is expressed in the form of guilt. Guilt for a committed environmental offense can be in two forms: intent and negligence.

Subject of environmental offense - citizens, i.e. sane individuals who have reached the established age, and legal entities, which include foreign organizations and citizens.

The type of legal liability is determined by the content of the composition of the environmental offense and the degree of its consequences.

Types of liability for committing environmental offenses:

1) disciplinary - is applied for violation of environmental legislation to employees whose labor functions include direct compliance with environmental and legal norms;

2) administrative - is applied in cases of violations by legal entities, which are provided for in the norms of administrative law and which caused harm to the natural environment;

3) material - is applied for causing damage or harm to citizens and the natural environment:

a) civil liability;

b) labor liability;

4) criminal - occurs in the presence of all elements of the environmental crime.

The main features of distinguishing between an administrative offense and a crime are defined in the Criminal Code of the Russian Federation of June 13, 1996 No. 63-FZ (Criminal Code of the Russian Federation). The compositions of environmental crimes differ from the compositions of other types of crimes, which are provided for by the Criminal Code of the Russian Federation, according to two main features - the object and the presence of harm caused to the natural environment. Ecological crimes are systematized in Ch. 26 of the Criminal Code of the Russian Federation. These include: violation of environmental safety rules in the course of work, violation of storage rules, mine pollution, damage to land, illegal hunting, violation of rules for the protection of fish stocks, etc.

The subjects of criminal liability for environmental crimes are individuals who have reached the age of 6.

21. Land as an object of legal protection

In accordance with the Land Code of the Russian Federation of October 25, 2001 No. 136-FZ (LC RF) objects of land relations are:

1) land as a natural object and natural resource;

2) land plots;

3) parts of land plots.

Article 9 of the Constitution of the Russian Federation provides that land may be in private, state, municipal and other forms of ownership. Moreover, private property is in the first place, which emphasizes its leading importance.

Private ownership can be of two types: individual and collective. The land legislation provides for 8 grounds, according to which the individual property of citizens is recognized by the state:

1) peasant (farm) economy;

2) personal subsidiary plot;

3) gardening;

4) animal husbandry;

5) individual housing construction;

6) garage construction;

7) entrepreneurial activity;

8) suburban construction.

Types of collective form of private ownership of land: share; joint.

Types of state ownership of land:

1) federal property of the Russian Federation as a whole;

2) the property of subjects of the Russian Federation - republics within the Russian Federation, territories, regions, cities of federal significance, autonomous regions and autonomous districts.

The Constitution of the Russian Federation refers the delimitation of state property to federal and property of the subjects of the Russian Federation to the joint jurisdiction of the Russian Federation and the subjects of the Russian Federation.

Municipal form of land ownership represents a relatively new form for Russian legislation. It is considered as a kind of state property. However, the law does not classify it as a type of private property. On the rights of municipal property, the land belongs to: administrative-territorial regions, cities, rural and other settlements.

As a result of the privatization of state lands in the Russian Federation, forms of land use by citizens and their collectives.

These forms of use are carried out on the following basis:

1) granting (acquiring) the right of private, shared or common joint ownership of land;

2) provision of land for use;

3) transfer of land for rent. The conditions for the use of a land plot, which is provided on the basis of a lease, are determined by agreement of the parties, and then formalized in a lease agreement. On lease terms, land plots can be provided to any individuals and legal entities, including foreign citizens, stateless persons, international associations and organizations, foreign states, foreign legal entities.

The landlord is the owner of the land.

22. The right to water use and its types

According to the VK RF water - this is all the water that is in water bodies, i.e., in places where water is concentrated on the surface of the land in the forms of its relief or in the depths that have boundaries, volume and features of the water regime.

Water Fund of the Russian Federation represents a set of water bodies within the territory of the Russian Federation included or to be included in the state water cadastre.

Water use is divided into general, special and special.

General water use - use of water bodies without the use of structures, technical means and devices.

Special water use - use of water bodies with the use of structures, technical means and devices.

В special use water facilities are provided to meet the needs of defense, federal energy systems, federal transport, as well as for other state and municipal needs.

Types of water use (for persons who are not owners of water bodies; depending on the purpose of use, resource potential and ecological state of water bodies):

1) long-term use (from 3 to 25 years);

2) short-term use (up to 3 years);

3) limited use (water easement).

The right to use a water body may be extended at the initiative of the water user in accordance with the established procedure. A change in the course of a river or another change in the location of a water body does not entail a change or termination of the right to use it, unless otherwise follows from the essence of the legal relationship and water legislation.

Conditions for the emergence of the right to use water:

1) license for water use;

2) a contract for the use of a water body;

3) when establishing a special regime of use - a decision of the Government of the Russian Federation.

Reasons for termination of the right to use water bodies:

1) refusal of the water user to use water bodies;

2) expiration of the period for which water objects are provided for use;

3) death of a water user-citizen;

4) termination of activities of a water user - a legal entity;

5) termination of the special regime for the use of water bodies;

6) natural or artificial disappearance of water bodies;

7) transfer of rights to use water bodies;

8) non-use of water bodies for 3 years;

9) non-use for 1 year of water bodies intended for water supply, with limited water resources;

10) use of water bodies not for the intended purpose;

11) the emergence of the need to use water bodies for state or municipal needs;

12) non-compliance by the water user with the conditions and requirements established in the license and contract.

23. Objects and subjects of water relations

The basis for the regulation of water relations (the use and protection of water bodies) is the RF VK.

Object of water relations - a water body, i.e., the concentration of water on the surface of the land in the forms of its relief or in the depths, having boundaries, volume and features of the water regime, or part of it.

Types of water bodies:

1) surface water bodies - this is a permanent or temporary concentration of water on the land surface in the forms of its relief, which has boundaries, volume and features of the water regime. Consist of surface water, bottom and coast. Surface water bodies include:

a) surface watercourses and reservoirs on them are rivers, streams, channels of inter-basin redistribution and integrated use of water resources;

b) surface water bodies, the waters of which are in a state of slow water exchange - lakes, reservoirs, swamps and ponds;

c) glaciers - moving natural accumulations of ice of atmospheric origin on the earth's surface - and snowfields - motionless natural accumulations of snow and ice that remain on the earth's surface during the entire warm season or part of it;

2) internal sea waters - sea waters, which are located in the direction of the coast from the baselines adopted for counting the width of the territorial sea of the Russian Federation;

3) territorial sea of the Russian Federation - coastal sea

4) groundwater bodies - the concentration of waters in hydraulic connection in rocks, which has boundaries, volume and features of the water regime:

a) aquifer - waters that are concentrated in cracks and voids of rocks and which are in hydraulic connection;

b) groundwater basin - a set of aquifers that are located in the bowels;

c) groundwater deposit - a part of an aquifer within which there are favorable conditions for the extraction of groundwater;

d) natural outlet of groundwater - the outlet of groundwater on land or under water;

5) public water bodies, i.e. those that are in public, open use;

6) water objects of special use, i.e. those used by a limited circle of persons.

The subjects of water relations are:

1) RF (public authorities);

2) subjects of the Russian Federation;

3) municipal formations (local governments);

4) water users (citizens and legal entities to which water objects are provided for use).

A water user-citizen may use water bodies for their own needs or for entrepreneurial activities.

24. Water easements

Water easement - This is the right of limited use of a water body.

A water easement is established for persons who are not owners of water bodies, and also depending on the purpose of using this water body. The right to use a water body may be extended at the initiative of the water user in accordance with the established procedure. A change in the course of a river or another change in the location of a water body does not entail a change or termination of the right to use it, unless otherwise follows from the essence of the legal relationship and water legislation.

There are the following forms of water easement:

1) public - everyone can use public water bodies and other water bodies;

2) private - restriction of the rights of persons to whom water objects are provided for long-term or short-term use. Private easements may also be established on the basis of a court decision.

The objectives of establishing both forms of water easements are:

1) water intake without the use of structures, technical means and devices;

2) watering place and drive of livestock;

3) the use of water bodies as waterways for ferries, boats and other small-sized watercraft.

It is also possible to establish other water easements.

For the implementation of water easements, it is not required to obtain a license for water use. An agreement on the establishment of a private water easement is concluded by a water user with a person in whose favor the right to use a water body is restricted, and is subject to registration (except for a public easement). If an agreement on the establishment or conditions of the servitude is not reached, then the dispute will be resolved by the court at the suit of the person requiring the establishment of the servitude.

The water user of an object encumbered with an easement has the right, unless otherwise provided by law, to demand from the persons in whose interests the easement is established, a proportionate payment for the use of this water body.

Encumbrance of an object with a water easement is not a basis for depriving the user of this water object of the rights to use water. An easement is protected when the rights to water use of an object that is encumbered with this easement are transferred to another person. The easement is not an independent subject of sale, pledge, and cannot be transferred in any way to persons who do not have reasons to establish this easement. At the request of the user of a water body burdened with an easement, the easement may be terminated after the grounds on which it was established have been eliminated. If a water body that is intended for use by a citizen or a legal entity cannot be used in accordance with the purpose of using it as a result of encumbrance with an easement, then the water user has the right to demand termination of the easement in court.

25. Spheres of state government in the field of use and protection of water bodies

There are the following public administration in the field of use and protection of water bodies:

1) water management balances - calculation materials that compare the need for water with the water resources available in a particular territory;

2) schemes for the integrated use and protection of water resources - systematized materials of research and design developments on the state of water resources and the prospective use and protection of water bodies;

3) federal programs for the use, restoration and protection of water bodies;

4) state monitoring of water bodies - a system of regular observations of hydrological or hydrogeological and hydrogeochemical indicators of their condition, ensuring the collection, transmission and processing of the information received in order to timely identify negative processes, predict their development, prevent harmful consequences and determine the degree of effectiveness of ongoing water protection measures;

5) state accounting of surface and ground waters - systematic determination and fixation in accordance with the established procedure of the quantity and quality of water resources available in a given territory;

6) State water cadastre - a collection of data on water bodies, on their resources, on the use of water bodies, on water users, the basis for decision-making in the implementation of state administration in the field of use and protection of water bodies;

7) state examination of pre-project and design documentation for the construction and reconstruction of economic and other facilities that affect the state of water bodies - verification of its compliance with the initial data, technical conditions and requirements of regulatory documentation for design and construction;

8) state control over the use and protection of water bodies, which ensures compliance with the following conditions: the procedure for the use and protection of water bodies; water use limits; standards, norms and rules in the field of use and protection of water bodies; mode of use of territories of water protection zones; other requirements;

9) regulation in the field of use and protection of water bodies: establishment of water use limits, development and adoption of standards, norms and rules in the field of use and protection of water bodies;

10) licensing in the field of use and protection of water bodies;

11) state regulation of water management activities. When carrying out water management activities, water management facilities can be transferred to economic management or operational management of state unitary enterprises.

26. Legal measures for the protection of waters

Water protection - measures to preserve water bodies, prevent their pollution, clogging and depletion, as well as to eliminate the consequences of these phenomena.

Chapter 6 is devoted to the protection of waters and the prevention of their harmful effects. XNUMX VK RF "Protection of water objects". When placing, designing, building, reconstructing, commissioning economic and other facilities and introducing new technological processes, their impact on the state of water bodies and the natural environment is taken into account without fail.

To maintain water bodies in a state that meets environmental requirements, to prevent pollution, clogging and depletion of surface waters, as well as to preserve the habitat of flora and fauna objects, water protection zones and coastal protective strips are established.

In accordance with the Regulation "On the water protection zones of water bodies and their coastal protective strips", approved by the Government Decree of November 23, 1996 No. 1404, water protection zone - this is a territory adjacent to the waters of rivers, lakes, reservoirs and other surface water bodies, where a special regime of economic and other types of activity is established in order to prevent pollution, clogging, silting and depletion of water bodies, as well as to preserve the habitat of animal and plant objects peace.

This provision also establishes the size and boundaries of water protection zones and their coastal protective strips. The establishment of water protection zones is not a basis for the seizure of land plots from land owners, landowners, land users or a ban on transactions with land plots. Exceptions are cases provided by law. Land owners, landowners and land users, on whose lands there are water protection zones and coastal strips, are obliged to comply with the established regime for the use of these zones and strips.

The law also singles out specially protected objects, which include natural aquatic ecosystems of special environmental, scientific, cultural, aesthetic, recreational and health significance.

State control over water protection - a system of measures aimed at ensuring compliance by legal entities and individuals with the procedure established by law for the use and protection of water bodies, standards, regulations, rules in the field of use and protection of water bodies, the regime for the use of territories of water protection zones and other requirements of water legislation.

State control over the use and protection of water bodies is carried out by the executive authorities of the constituent entities of the Russian Federation, specially authorized state bodies in the field of environmental protection, and other executive authorities within their competence.

27. Atmospheric air as an object of legal regulation

In accordance with the Federal Law of May 4, 1999 "On the Protection of Atmospheric Air" atmospheric air is a vital component of the natural environment, which is a natural mixture of atmospheric gases located outside residential, industrial and other premises.

In order to protect it by the state, the following measures are taken:

1) standardization of atmospheric air quality and harmful physical impacts on atmospheric air - the establishment of hygienic and environmental standards for atmospheric air quality and maximum permissible levels of physical impacts on it;

2) establishment of standards for emissions and impacts - technical standards for emissions and maximum allowable emissions;

3) state registration of harmful and potentially hazardous substances;

4) issuance of permits for the emission of harmful (polluting) substances and for harmful physical effects on the atmospheric air, establishing maximum allowable emissions and other conditions that ensure the protection of atmospheric air. Permits are subject to fees;

5) establishment of requirements for economic and other activities that have a harmful effect on the atmospheric air.

Types of air use:

1) the use of air for the life support of people and other organisms;

2) the use of air for production needs as a raw material;

3) use of the atmosphere for the emission of pollutants and the absorption of harmful physical effects;

4) use of the atmosphere for the purpose of artificially changing the weather, climate, and preventing natural disasters.

In order to preserve the favorable quality of atmospheric air, the state provides for the following standards for exposure to atmospheric air:

1) production standards - maximum allowable emissions (MAE) of pollutants; standards for noise, thermal, vibration, radiation, electromagnetic and other physical impacts; temporarily agreed emissions (limit) of pollutants;

2) territorial standards - the value of the critical cumulative loads on atmospheric air from various economic and other objects, taking into account the transboundary and interregional transfer of pollutants within the territorial-administrative unit.

Along with this, standards for maximum permissible concentrations (MPC) of various pollutants are established for each model of vehicles and other mobile vehicles.

In order to maintain the quality of atmospheric air at a level safe for people, specialized control bodies carry out state accounting of adverse effects on it, as well as monitoring the state of atmospheric air and sources of its pollution.

28. Legal liability for violations of the legislation on the protection of atmospheric air

Damage caused to health, property of citizens and legal entities and the environment by air pollution is subject to compensation in full at the expense of individuals and legal entities guilty of air pollution. For persons guilty of violating the legislation of the Russian Federation in the field of atmospheric air protection, the following is provided:

1) criminal liability - in case of committing socially dangerous acts recognized as crimes by the criminal legislation. Violation of the rules for the emission of pollutants into the atmosphere or violation of the operation of installations, structures and other objects, if these acts caused pollution (Article 251 of the Criminal Code of the Russian Federation), are punishable by:

a) a fine of up to 80 thousand rubles. or in the amount of the convicted person's income for a period of up to 6 months;

b) deprivation of the right to hold certain positions or engage in certain activities for up to 5 years;

c) correctional labor for up to 1 year;

d) arrest for up to 3 months.

The same acts, negligently causing harm to human health, shall be punished:

a) a fine of up to 200 thousand rubles. or in the amount of the convicted person's income for a period of up to 18 months;

b) correctional labor for a period of 1 to 2 years;

c) imprisonment for up to 2 years;

2) administrative responsibility. It is established by the Federal Assembly of the Russian Federation and by its authorization by another lower body. Emission of harmful substances into the atmospheric air or harmful physical impact on it without a special permit entails the imposition of an administrative fine:

a) for citizens - from 20 to 25 minimum wages (minimum wages);

b) for officials - from 40 to 50 minimum wages;

c) for legal entities - from 400 to 500 minimum wages.

Violation of the conditions of a special permit for the emission of harmful substances into the atmospheric air or harmful physical impact on it entails the imposition of an administrative fine: for citizens - from 15 to 20 minimum wages; for officials - from 30 to 40 minimum wages; for legal entities - from 300 to 400 minimum wages.

Violation of the rules of operation, non-use of structures, equipment or apparatus for gas purification and control of emissions of harmful substances into the atmospheric air, which may lead to its pollution, or the use of faulty specified structures, equipment or apparatus shall entail the imposition of an administrative fine: on officials - from 10 to 20 minimum wage; for legal entities - from 100 to 200 minimum wages;

1) disciplinary liability is applied to officials, as well as to other employees in cases where they violate or do not fulfill their official duties for the protection of atmospheric air;

2) civil liability arises when property damage is caused by air pollution.

29. Objects and subjects of the right to use subsoil

Bosom - this is a part of the earth's crust, which is located below the soil layer, and in its absence - below the earth's surface and the bottom of reservoirs and watercourses, extending to the depths available for geological study and development.

Subsoil users:

1) business entities, including participants in a simple partnership;

2) foreign citizens;

3) legal entities, if federal laws do not establish restrictions on granting the right to use subsoil;

4) associations of legal entities that do not have the status of a legal entity, provided that the participants in such associations bear joint and several liability for obligations arising from production sharing agreements.

The rights and obligations of a subsoil user arise from the moment of state registration of a license to use subsoil plots or from the moment a production sharing agreement enters into force when granting the right to use subsoil on such terms.

The subsoil user has the right:

1) use the subsoil plot for any form of activity corresponding to the purpose indicated in the license or in the production sharing agreement;

2) independently choose the forms of this activity;

3) use the results of their activities;

4) use the waste of its mining and related processing industries, unless otherwise stipulated in the license or in the production sharing agreement;

5) limit the development of mineral deposits within the boundaries of the mining allotment granted to him;

6) to conduct, without additional permits, geological exploration of the subsoil at their own expense within the boundaries of the granted mining allotment;

7) apply to the relevant authorities regarding the revision of the terms of the license in the event of circumstances that differ significantly from those under which the license was granted.

The subsoil user is obliged to ensure:

1) compliance with the requirements of technical projects, plans and schemes for the development of mining operations;

2) maintaining geological, surveying and other documentation;

3) submission of geological information to the funds of geological information;

4) safe conduct of work;

5) compliance with the approved standards (norms, rules) regulating the conditions for the protection of subsoil, atmospheric air, land, forests, waters, as well as buildings and structures from the harmful effects of work;

6) bringing plots of land and other natural objects disturbed during the use of subsoil into a condition suitable for their further use;

7) fulfillment of the conditions established by the license or production sharing agreement, timely and correct payment for the use of subsoil, etc.

30. The right to use subsoil and its types

Types of subsoil use:

1) regional geological study, other work carried out without significant violation of the integrity of the subsoil;

2) geological study, including the search and evaluation of mineral deposits, the study and evaluation of the suitability of subsoil plots for the construction and operation of underground structures not related to the extraction of minerals;

3) exploration and extraction of minerals, including the use of waste from mining and related processing industries;

4) construction and operation of underground structures not related to the extraction of minerals;

5) the formation of specially protected geological objects of scientific, cultural, aesthetic, health-improving and other significance (scientific and educational sites, geological reserves, wildlife sanctuaries, natural monuments, caves and other underground cavities);

6) collection of mineralogical, paleontological and other geological collection materials.

Subsoil may be provided for use simultaneously for geological study (search, exploration) and mining.

The subsoil plot is provided to the user in the form of a mining allotment - a geometrized subsoil block. Restriction or prohibition of the use of certain subsoil plots is possible in order to ensure national security and environmental protection.

Grounds for the right to use subsoil plots:

1) decision of the Government of the Russian Federation;

2) decision of the federal management body of the State Subsoil Fund;

3) the decision of the tender or auction commission on granting the right to use a subsoil plot for the purposes of exploration and production of minerals or for the purposes of geological study of subsoil plots, exploration and production of minerals (under a combined license), with the exception of subsoil plots of internal sea waters, territorial sea and the continental shelf of the Russian Federation;

4) the decision of the executive authority of the subject of the Russian Federation, agreed with the federal management body of the State Subsoil Fund or its territorial body for the purpose of collecting mineralogical, paleontological and other geological collection materials;

5) the decision of the authorized state authorities of the constituent entities of the Russian Federation in accordance with the legislation of the constituent entity of the Russian Federation on granting the right to use subsoil plots containing deposits of common minerals, or subsoil plots of local importance used for the purposes of construction and operation of underground structures not related to the extraction of minerals;

6) a production sharing agreement that has entered into force.

31. Subsoil use licensing system

The provision of subsoil for use is formalized by a special state permit in the form of a license.

The license contains:

1) the established form of the form with the State Emblem of the Russian Federation;

2) text, graphic and other appendices, which are an integral part of the license and determine the basic conditions for the use of subsoil.

Subsoil use license - a document certifying the right of its owner to use a subsoil plot within certain boundaries in accordance with the purpose specified in it within a specified period, subject to the owner's compliance with predetermined conditions.

The license certifies the right to carry out work on the geological study of the subsoil, the development of mineral deposits, the use of waste from mining and related processing industries, the use of subsoil for purposes not related to the extraction of minerals, the formation of specially protected geological objects, the collection of mineralogical, paleontological and other geological collection materials.

It is allowed to grant licenses for several types of subsoil use.

Contents of the license:

1) data on the subsoil user who received the license and the bodies that granted the license, the basis for granting the license;

2) data on the intended purpose of works related to the use of subsoil;

3) an indication of the spatial boundaries of the subsoil plot provided for use;

4) indication of the boundaries of the land allotment or water area allocated for conducting work related to the use of subsoil;

5) the validity period of the license and the timing of the commencement of work (preparation of a technical project, reaching the design capacity, submission of geological information for state expertise);

6) conditions related to payments collected for the use of subsoil, land plots, water areas;

7) the agreed level of extraction of mineral raw materials, the ownership of the extracted mineral raw materials;

8) agreement on the ownership of geological information obtained in the course of subsoil use;

9) conditions for fulfilling the requirements established by law and standards (norms, rules) for the protection of subsoil and the natural environment, the safe conduct of work;

10) the procedure and terms for preparing projects for the liquidation or conservation of mine workings and land reclamation.

State licensing system - this is a unified procedure for granting licenses, including information, scientific-analytical, economic and legal preparation of materials and their design. The organizational support of the state licensing system is assigned to the federal management body of the State Subsoil Fund and its territorial bodies.

32. Management and control as a means of state regulation of subsoil use relations

The main task of state regulation of subsoil use relations is expressed in ensuring the reproduction of the mineral resource base, its rational use and protection of the subsoil in the interests of the current and future generations of the peoples of the Russian Federation. State regulation of subsoil use relations is carried out with the help of: management; licensing; accounting; control.

The tasks of state regulation are:

1) determination of the volumes of extraction of the main types of minerals for the current period and for the future for the Russian Federation as a whole and for the regions;

2) ensuring the development of the mineral resource base and the preparation of a reserve of subsoil plots that are used for the construction of underground structures and which are not associated with the extraction of minerals;

3) ensuring the geological study of the territory of the Russian Federation, its continental shelf, Antarctica and the bottom of the World Ocean;

4) establishment of quotas for the supply of mined mineral raw materials;

5) introduction of payments related to the use of subsoil, regulated prices for certain types of mineral raw materials;

6) setting standards in the field of geological study, use and protection of subsoil, safe conduct of work related to the use of subsoil, as well as rational use and protection of subsoil.

In accordance with Art. 36 of the Law of the Russian Federation "On Subsoil" state management of subsoil use relations is carried out:

1) the President of the Russian Federation;) the Government of the Russian Federation;

2) executive authorities of the constituent entities of the Russian Federation;

3) the federal management body of the State Subsoil Fund;

4) bodies of state mining supervision.

The federal governing body of the State Subsoil Fund and its territorial bodies are not entitled to:

1) perform the functions of managing the economic activities of enterprises that carry out exploration and development of mineral deposits or the construction and operation of underground structures not related to the extraction of minerals;

2) engage in commercial activities.

The task of state control over geological study, rational use and protection of subsoil is to ensure that seven subsoil users comply with the established procedure for using subsoil, legislation, duly approved standards in the field of geological study, use and protection of subsoil, rules for maintaining state accounting and reporting. State control over geological exploration and rational use and protection of subsoil is carried out by state geological control bodies and state mining supervision bodies; at the same time, they interact with environmental and other regulatory authorities.

33. The concept and protection of the continental shelf of the Russian Federation

Providing users with sections of the continental shelf

Russian continental shelf - this is the seabed and subsoil of submarine areas that are outside the territorial sea of the Russian Federation throughout the natural extension of its land territory to the outer border of the underwater margin of the mainland.

The natural resources of the continental shelf are:

1) mineral and other non-living resources of the seabed and its subsoil;

2) living organisms belonging to sessile species. In order to protect the continental shelf of the Russian Federation, the following activities are carried out:

1) state ecological expertise of all types of economic activity on the continental shelf;

2) state environmental control - a system of measures aimed at preventing, detecting and eliminating violations of applicable international norms and laws of the Russian Federation for the protection of mineral and living resources;

3) state monitoring - a system of regular observations of the state of the marine environment and bottom sediments, including indicators of chemical and radioactive contamination, microbiological and hydrobiological parameters and their changes under the influence of natural and anthropogenic factors.

Disposal of wastes and other materials on the continental shelf is allowed only if their reliable localization is ensured and on the basis of a permit.

Areas of the continental shelf - geometrized blocks, the parameters of which are specified in the license.

Participants in the use of areas of the continental shelf: individuals and legal entities of the Russian Federation; individuals and legal entities of foreign states; associations of the said legal entities that are a party to a production sharing agreement.

Features of providing plots to users:

1) are determined by the economic interests of the Russian Federation;

2) preferential rights are granted to users who make the most of the opportunities of the industry of the Russian Federation;

3) executive authorities may impose restrictions on the participation of foreign users in tenders for the search, exploration and development of mineral resources of individual sites;

4) it is possible to hold contests with the participation of only Russian users.

Marine scientific research on the continental shelf - fundamental or applied research and experimental work carried out for these studies, aimed at obtaining knowledge on all aspects of natural processes occurring on the seabed and in its bowels.

Marine resource research on the continental shelf - applied research work aimed at the study, exploration and development of mineral resources and the exploitation of living resources.

34. Forest and flora outside forests as objects of legal protection

In accordance with the Forest Code of the Russian Federation, the objects of forest relations are: the forest fund of the Russian Federation; forest fund plots; the right to use them; forests not included in the forest fund, their plots, rights to use them; tree-shrub vegetation. The objects of forest relations are used and protected taking into account the multifunctional significance of forests and their recognition as the main means of production in forestry.

Forest management is carried out by a specially created Federal Forestry Service of the Russian Federation.

The forest fund includes:

1) all forests, with the exception of forests located on defense lands and lands of urban and rural settlements;

2) forest fund lands not covered with forest vegetation.

The boundaries of the forest fund are determined by the method of delimiting the lands of the forest fund from the lands of other categories. Forest fund plots are forest plots, as well as forest land plots not covered with forest vegetation, and non-forest land plots.

Lands of the Forest Fund:

1) forest lands - lands that are covered with forest vegetation and not covered with it, but are intended for its restoration, i.e. cutting down, burned areas, dead forest stands, sparse areas, wastelands, clearings, areas occupied by nurseries, not closed by forest crops and others;

2) non-forest lands - lands that are intended for the needs of forestry (lands occupied by clearings, roads, agricultural lands, etc.).

3) other lands located within the boundaries of the forest fund (occupied by swamps, stony placers and other lands inconvenient for use).

The division of the forest fund into groups of forests and the delimitation of forests of the 1st group into categories of protection is carried out in accordance with the economic, environmental and social significance of the forest fund, its location and the functions it performs. In specially protected areas of forests, it is possible to prohibit felling for the main use.

К forests of the 1st group includes forests, the main purpose of which is the performance of water protection, protective, sanitary and hygienic, health-improving, other functions, as well as forests of specially protected natural areas. Forests of the 1st group are divided into protection categories.

Forests of the 2nd group - forests in regions with high population density and a developed network of land transport routes; forests that perform water protection, protective, sanitary and hygienic, recreational and other functions of limited operational significance, as well as forests in regions with insufficient forest resources, the conservation of which requires restriction of the forest management regime.

Forests of the 3nd group - forests of densely forested regions, which are primarily of operational importance. When harvesting timber, the ecological functions of these forests must be preserved. They are divided into developed and reserve forests.

35. Forest use right

Basic Rules for Rational Use established by the RF LC. These include:

1) timber harvesting;

2) preparation of resin;

3) harvesting of secondary forest resources;

4) secondary forest uses;

5) use of forest fund plots for research purposes;

6) use of forest fund plots for cultural, recreational, tourism, sports purposes.

Forest Fund plots are provided for use for up to 1 year or for long-term use - up to 49 years.

Basically, the sphere of forest use law of the RF LC includes activities that are associated with the consumption of useful properties of forests.

The list of types of forest management rights is exhaustive.

Forest use right - a set of legal norms that establish the procedure for integrated forest management, conservation and restoration of the forest environment, the rights and obligations of forest users, taking into account the interests of society, in obtaining wood and non-wood products, using other useful properties of the forest.

Plots of the forest fund are provided for use on the basis of direct negotiations, forest auctions and competitions. Forest auctions and competitions are held by the district administration with the participation of local authorities of the Ministry of Natural Resources of the Russian Federation. Permissive documents for forest use are: license, logging ticket, forest ticket.

Leased forest fund plots are not subject to transfer into the ownership of the tenant upon the expiration of the lease term. The redemption of leased plots, as well as sublease, are prohibited. The forest resources (products) extracted in accordance with the lease agreement for a forest fund plot are the property of the tenant. The lease agreement for a forest fund plot is concluded in writing and is subject to state registration. It is considered concluded from the moment of state registration.

Mandatory terms of the lease agreement for a forest fund plot: borders of the forest fund plot; types of forest management; volumes (sizes) of forest management; lease term; the amount of the rent and the procedure for its payment; the obligations of the parties to protect and protect the forest fund site and reforestation; the procedure for paying the forest user for the forestry work carried out by him, etc.

The tenant is obliged timely pay rent for the use of the forest fund plot, the amount of which is established by agreement of the parties, taking into account:

1) type of forest management;

2) the size of the plot;

3) the annual amount of forest use on it;

4) effective rates of forest taxes for the given type of forest use.

When harvesting timber in the order of cuttings for the main use, the rent cannot be less than the amount calculated according to the minimum rates of payment for standing timber. The rent is charged on the basis of the established annual amount of wood (resin) supply on the leased forest fund site.

36. Types of forest management

The use of forest fund plots can be carried out both with the withdrawal of forest resources, and without their withdrawal. A plot of the forest fund may be provided for the implementation of one or several types of forest management to one or several forest users.

There are the following types of forest management:

1) timber harvesting; carried out:

a) in case of fellings for the main use, carried out in overmature and mature forest stands;

b) intermediate felling and other felling (clear sanitary felling, clearing of forest areas for the construction of hydroelectric facilities, pipelines, roads, when laying clearings, creating fire breaks, felling for other purposes).

Intermediate felling - selective sanitary felling, forest maintenance, reconstruction and other felling associated with the felling of low-value forest stands, as well as trees and shrubs that lose their protective, water protection and other functions;

2) preparation of resin; is carried out in overmature and mature coniferous forest stands, which, after the end of the established period of undercutting of forest stands, are intended for felling for the main use. With a lack of overmature and mature forest stands, it is allowed to cut ripening stands, which by the end of cutting will reach the cutting age. It is not allowed to transfer the indicated forest stands for undercutting without approved plans for felling of the main use and undercutting of these stands;

3) harvesting of secondary forest resources - stumps, bark, birch bark, fir, pine, spruce paws, Christmas trees. Plots of the forest fund for use for these purposes are provided to citizens and legal entities;

4) secondary forest management (haymaking, grazing, placement of beehives and apiaries, harvesting of tree sap, harvesting and collection of food forest resources, medicinal plants and technical raw materials, collection of moss, forest litter and fallen leaves, reeds, etc.).

Additional types of secondary forest use:

a) for the harvesting of trees, shrubs and lianas on forest fund plots for planting them on lands of other categories;

b) use of land for growing crops and creating plantations of fruit and berry, nut and medicinal plants;

c) for the maintenance and breeding of objects of the animal world in semi-free conditions;

d) for the installation of temporary structures in the implementation of forest management, the extraction of objects of the animal world and their metabolic products, for other purposes;

e) use of forest fund plots for the needs of the hunting economy (as hunting grounds);

f) use of forest fund plots for research purposes;

g) use of forest fund plots for cultural, recreational, tourism and sports purposes.

37. Free and short-term use of forest fund plots. Forest easements

The rights to use forest fund plots and the rights to use forest plots that are not included in the forest fund are exercised on the basis of the recognition of the multifunctional significance of forests, i.e., simultaneous use by different persons and for different purposes.

Rights to use forest plots that are not included in the forest fund (forests located on defense lands, lands of urban and rural settlements): free of charge; short term.

Under the contract free use of the site of the forest fund, the forestry enterprise of the federal forest management body undertakes to provide the forest user with a forest fund site for free use for a period of up to 49 years for one or more types of forest use. Plots of the forest fund are provided for free use on the basis of decisions of state authorities of the constituent entities of the Russian Federation.

Forest fund plots are provided in short term use for a period of up to 1 year based on the results of a forest auction or on the basis of decisions of state authorities of the constituent entities of the Russian Federation through the issuance of logging tickets, warrants or forest tickets. Forest fund plots are provided to forest users to meet the needs of general educational institutions, preschool educational institutions and other institutions financed from the relevant budget for agricultural organizations and the population, respectively, located and living in this territory, without holding an auction.

To conduct a forest auction, an auction commission is created, the composition of which is approved by the state authority of the constituent entity of the Russian Federation. The person who won the forest auction and the organizer of the forest auction (territorial body of the federal forest management body) sign a protocol on the results of the forest auction, which has the force of an agreement.

The protocol of the forest auction determines:

1) boundaries of the forest fund plot;

2) types of forest management;

3) volumes (sizes) of forest management;

4) the amount of payment for the use of the forest fund plot and the procedure for its payment;

5) other conditions of the forest auction. Citizens have the right to freely stay in the forest fund and in forests not included in the forest fund, unless otherwise provided by the legislation of the Russian Federation (public forest easement).

The rights of citizens and legal entities to use areas of the forest fund and the rights to use areas not included in the forest fund may be limited in favor of other interested parties on the basis of contracts, acts of state bodies and acts of local governments, as well as court decisions (private forest easement).

38. Fundamentals of the organization of forestry and state control and protection of forests and flora outside forests

Basic requirements for forest management:

1) forestry activities and the use of the forest fund must be carried out by methods that do not harm the environment, natural resources and human health;

2) forest management should ensure: preservation and strengthening of environment-forming, water-protective, protective, sanitary-hygienic, health-improving and other useful natural properties of forests in the interests of protecting human health; multi-purpose, continuous, inexhaustible use of the forest fund to meet the needs of society and individual citizens in wood and other forest resources; reproduction, improvement of the species composition and quality of forests, increase in their productivity, protection and protection of forests; rational use of forest fund lands; increasing the efficiency of forest management on the basis of a unified technical policy, using the achievements of science, technology and best practices; conservation of biological diversity; preservation of objects of historical, cultural and natural heritage.

The main principles of state administration in the field of use, protection, protection of the forest fund and reforestation:

1) sustainable development;

2) rational, continuous, inexhaustible use of the forest fund in the interests of the Russian Federation and the constituent entities of the Russian Federation;

3) incompatibility of the implementation of public administration functions in this area

with the implementation of fellings for the main use and processing of the resulting wood. State management in the field of use, protection, protection of the forest fund and reforestation is carried out by the Government of the Russian Federation through:

1) the Federal Forestry Service of Russia;

2) Ministry of Agriculture and Food of the Russian Federation;

3) the Federal Service for Supervision of Natural Resources;

4) Federal Forestry Agency.

State accounting of the forest fund is carried out to organize the rational use, protection, protection of the forest fund and reforestation, systematic monitoring of quantitative and qualitative changes in the forest fund and providing reliable information about the forest fund to authorities at all levels of government, interested citizens and legal entities.

State Forest Cadastre - information about ecological, economic and other quantitative and qualitative characteristics of the forest fund.

Forest monitoring - a system of observations, assessment and forecast of the state and dynamics of the forest fund for the purposes of public administration in this area.

39. Fauna as an object of legal protection

Animal world - the totality of living organisms of all kinds of wild animals permanently or temporarily inhabiting the territory of the Russian Federation and being in a state of natural freedom, as well as related to the natural resources of the continental shelf and the exclusive economic zone of the Russian Federation.

The object of the animal world is animal organism or population of organisms.

Animal habitat - the natural environment in which the objects of the animal world are in a state of natural freedom.

Use of objects of the animal world - study, extraction of objects of the animal world or obtaining in other ways the use of these objects to meet the material or spiritual needs of a person, with or without their removal from the environment. The animal world is the property of the peoples of the Russian Federation, an integral element of the biological diversity of the Earth, a renewable natural resource, an important regulating and stabilizing component of the biosphere, protected in every possible way and rationally used to meet the spiritual and material needs of the citizens of the Russian Federation.

Legislation of the Russian Federation in the field of protection and use of the animal world and its habitat is based on:

1) the provisions of the Constitution of the Russian Federation;

2) provisions of federal laws on environmental protection.

The Federal Law "On the Animal World" regulates relations in the field of protection and use of objects of the animal world.

The animal world within the territory of the Russian Federation is state property. The Russian Federation has sovereign rights and exercises jurisdiction on the continental shelf and in the exclusive economic zone of the Russian Federation.

On the territory of the Russian Federation are held:

1) state registration of objects of the animal world in order to ensure the protection and use of the animal world, the conservation and restoration of its habitat. State cadastre of objects of the animal world - a set of information about their geographical distribution, abundance, characteristics of the habitat, information about their economic use;

2) state monitoring of objects of the animal world - a system of regular observations of their distribution, abundance, physical condition; structure, quality and area of their habitat. Goals: timely detection and assessment of changes, prevention and elimination of the consequences of negative processes and phenomena for the conservation of biological diversity, ensuring the sustainable state of wildlife objects and their scientifically based use;

3) state control in the field of protection, reproduction and use of objects of the animal world and their habitat in order to ensure that all legal entities and citizens comply with the requirements of the legislation on the protection and use of objects of the animal world.

40. The right to use wildlife and its types

Animal users - citizens, individual entrepreneurs and legal entities who are given the opportunity to use the wildlife.

Uses:

1) hunting;

2) fishing, including the harvesting of aquatic invertebrates and marine mammals;

3) extraction of objects of the animal world, not classified as objects of hunting and fishing;

4) the use of useful properties of the vital activity of objects of the animal world;

5) study, research and other use of the animal world for scientific, cultural, educational, educational, recreational, aesthetic purposes without removing them from their habitat;

6) extraction of useful properties of vital activity of objects of the animal world;

7) obtaining the products of vital activity of objects

Wildlife users have the right to:

1) on the extracted objects of the animal world and products received from them;

2) for the maintenance of subsidiary farming, including the processing of products obtained in the process of carrying out permitted uses of wildlife, and the production of products from wildlife objects;

3) for the sale of manufactured products and products;

4) to receive land plots on the territories provided for use for production and other purposes;

5) to influence the habitat of wildlife objects, improving the condition of wildlife objects, etc.

Responsibilities of wildlife users:

1) carry out only the types of use indicated in the license;

2) comply with the established rules of use;

3) to apply when using the animal world methods that do not violate the integrity of natural communities;

4) prevent destruction or deterioration of the habitat of wildlife objects;

5) to carry out accounting and assessment of the state of used objects of the animal world, assessment of the state of their habitat;

6) to carry out the necessary measures to ensure the reproduction of wildlife objects;

7) apply humane methods when using the animal world.

41. Licensing the use of wildlife

Wildlife objects can be provided to legal entities for long-term use on the basis of a long-term license and to citizens for short-term use on the basis of a nominal one-time license.

Priority in providing wildlife for use on a specific territory or water area given Russian legal entities and citizens of the Russian Federation:

1) previously engaged in certain types of use of wildlife in a given territory or water area;

2) land owners, land owners and owners of the forest fund, who have the appropriate funds and specialists.

Licenses are issued a specially authorized state body for the protection, control and regulation of the use of wildlife objects and their habitat.

Nominal single license is a special permit for a one-time use of certain objects of the animal world, indicating the place and period of its validity, the number of objects of the animal world allowed for use. It can be issued, except for the state body, by users of the animal world within the limits established by it.

Long term license - a special permit for the implementation of economic and other activities related to the use and protection of wildlife.

Defined next procedure for issuing a long-term license for the use of wildlife:

1) filing an application with the executive authority of a constituent entity of the Russian Federation; the application contains: information about the applicant; type of use of wildlife; list of objects of the animal world; boundaries and area of the territories necessary for the implementation of the use of objects of the animal world declared for use; the expected period of use of wildlife;

2) coordination of the provision of the declared territory and the conditions for its provision with: land owners, landowners, owners of the forest fund in the specified territory; a specially authorized state body for the management and use of the water fund; conclusion of an agreement on the provision for use of territories and water areas necessary for the use of wildlife;

4) issuance of a license containing: information about the user of wildlife; list of animal species allowed for use; a list of objects of the animal world transferred for use; boundaries and area of the territory or water area necessary for the use of wildlife; conditions for the use of wildlife; license validity period.

Antitrust regulations prohibit:

1) restriction, contrary to the conditions of competitions, of access to participation in them for all those who wish to acquire the right to use the wildlife;

2) evasion from granting licenses for the use of wildlife to the winners of competitions.

42. Red Book of the Russian Federation

Rare and endangered objects of the animal world are entered in the Red Book of the Russian Federation and (or) the Red Books of the constituent entities of the Russian Federation.

According to the Decree of the Government of the Russian Federation of February 19, 1996 No. 158 "On the Red Book of the Russian Federation", the Red Book of the Russian Federation is maintained by the Ministry of Environmental Protection and Natural Resources of the Russian Federation on the basis of systematically updated data on the status and distribution of rare and endangered objects of animal and plant life. of the world living (growing) on the territory of the Russian Federation, on the continental shelf and in the exclusive economic zone of the Russian Federation. It is an official document containing a summary of information about the specified objects of the animal and plant world, as well as the necessary measures for their protection and restoration.

Edition of the Red Book of the Russian Federation carried out at least once every 10 years. Financing of work related to the maintenance and periodic publication of the Red Book of the Russian Federation is carried out at the expense of the federal budget.

Objects of the animal and plant world, which are listed in the Red Book of the Russian Federation, are subject to special protection. Their removal from the natural environment is permissible in exceptional cases in order to preserve these objects, regulate their numbers, protect public health, eliminate the threat to human life, protect agricultural and other domestic animals from mass diseases, ensure the traditional needs of indigenous peoples and for other purposes. . It is forbidden to obtain animals for the purpose of transferring them to other organizations or persons. The extraction of wildlife objects is carried out only on the basis of a permit issued by the Ministry of Natural Resources of the Russian Federation (MNR of Russia).

Maintaining the Red Book of the Russian Federation includes the following actions:

1) collection and analysis of data on objects of flora and fauna;

2) organization of monitoring of the state of objects of flora and fauna;

3) creation and replenishment of a data bank on objects of flora and fauna;

4) entry in the prescribed manner in the Red Book of the Russian Federation (or exclusion from it) of objects of flora and fauna;

5) preparation for publication, publication and distribution of the Red Data Book of the Russian Federation;

6) preparation and implementation of proposals for special protection measures, including the organization of specially protected natural areas and genetic banks in order to preserve flora and fauna objects listed in the Red Book of the Russian Federation;

7) issuance of licenses for the implementation of activities related to the use of objects of flora and fauna listed in the Red Book of the Russian Federation;

8) issuance of permits for the extraction of objects of flora and fauna listed in the Red Book of the Russian Federation.

43. Legal regime of specially protected natural areas

Specially protected natural areas are defined by the legislation of the Russian Federation as areas of land, water surface and air space above them, where natural complexes and objects of special environmental, scientific, cultural, aesthetic, recreational and health significance are located. Public relations in the field of organization, protection and use of specially protected natural areas in order to preserve unique and typical natural complexes and objects, natural landmarks, flora objects, their genetic fund, as well as to study natural processes in the biosphere and control its change states.

The legislation of the Russian Federation on specially protected natural areas is based on the relevant provisions of the Constitution of the Russian Federation and consists of the laws "On Environmental Protection", "On Specially Protected Natural Territories" and other regulatory legal acts adopted in accordance with them by the constituent entities of the Russian Federation.

Property relations in the field of use and protection of specially protected natural areas, organization and operation of state natural reserves, as well as other environmental institutions are regulated by civil law, unless otherwise provided by federal law.

In addition to the general provisions of the Federal Law "On Specially Protected Natural Territories", legal national parks, natural parks, natural monuments, specially protected natural territories, dendrological parks and botanical gardens, medical and recreational areas and resorts are provided for.

The following categories of specially protected natural areas have been introduced:

1) state nature reserves, including biospheric ones;

2) national parks;

3) natural parks;

4) state nature reserves;

5) monuments of nature;

6) dendrological parks and botanical gardens;

7) health-improving areas and resorts. Specially protected natural areas of federal significance are federal property. They are under the jurisdiction of the federal government.

Specially protected natural territories of regional significance are the property of the constituent entities of the Russian Federation and are under the jurisdiction of state authorities of the constituent entities of the Russian Federation.

Specially protected natural areas of local importance are the property of municipalities and are under the jurisdiction of local governments.

The content of the right of state ownership to specially protected natural areas, including the natural complexes and objects located on them, is established in the manner prescribed by Art. 129, 209 and 214 of the Civil Code of the Russian Federation.

44. Responsibility for violation of the regime of specially protected natural areas. Environmental crimes

The natural reserve fund is formed by state natural reserves, which include state natural biosphere reserves, state nature reserves, natural monuments, national parks, dendrological parks, natural parks, botanical gardens and other specially protected areas, natural objects with special environmental, scientific, historical, cultural, aesthetic, recreational, health and other valuable value.

Categories and types of specially protected natural areas (SPNA):

1) state nature reserves, including biospheric ones;

2) national parks;

3) natural parks;

4) state nature reserves;

5) monuments of nature;

6) dendrological parks and botanical gardens;

7) health-improving areas and resorts. Responsibility for violation of the regime of specially protected natural areas is provided for in Sec. 10 of the Federal Law "On Specially Protected Natural Territories".

The damage caused to natural objects and complexes within the boundaries of specially protected natural territories is subject to compensation in accordance with the approved rates and methods for calculating the amount of damage, and in their absence, according to the actual costs of their restoration.

According to Art. 262 of the Criminal Code of the Russian Federation, violation of the regime of reserves, sanctuaries, national parks, natural monuments and other natural areas specially protected by the state, which caused significant damage, is punishable by:

1) a fine of up to 200 thousand rubles. or in the amount of wages or other income of the convicted person for a period of up to 18 months;

2) deprivation of the right to hold certain positions or engage in certain activities for up to 3 years;

3) correctional labor for up to 2 years.

The public danger of violating the regime of specially protected natural areas and natural objects is to undermine the environmental security of Russia, causing significant damage to the designated territories and objects.

Violation of the regime of specially protected natural areas - these are socially dangerous acts: destruction, damage or other damage by burning, flooding, cutting down, pollution of a given territory, illegal use of natural resources and other negative impact, unauthorized visits, creation of a disturbance factor for birds and animals.

For application to the act of Art. 262 To the Russian Federation are required:

1) establishing a connection between a socially dangerous act and a consequence in the form of significant damage to a specially protected natural area;

2) proof of the guilt of the subject of the crime in the form of intent or negligence;

3) reaching the age of 16 by the subject of the crime and recognizing him as sane.

45. State Cadastre of Specially Protected Natural Territories

Specially Protected Natural Territories - plots of land, water surface and air space above them, where natural complexes and objects of special environmental, scientific, cultural, aesthetic, recreational and health significance are located. Categories and types of specially protected natural areas (SPNA): state nature reserves, including biospheric ones; National parks; natural parks; state nature reserves; dendrological parks and botanical gardens; health-improving areas and resorts.

State Cadastre of Protected Areas - information about the status of these territories, their geographical position and borders, the regime of special protection, nature users, environmental education, scientific, economic, historical and cultural value.

This is a state set of regularly updated systematized data necessary for the management of protected areas and ensuring the environmentally safe development of the regions of the Russian Federation. It is funded from the federal and local budgets and extrabudgetary sources.

Goals of management: assessment of the state of the natural reserve fund; determination of prospects for the development of a network of these territories; increasing the effectiveness of state control over compliance with the relevant regime; taking these territories into account when planning the socio-economic development of regions. י

The tasks of the Cadastre are:

1) accumulation and systematization of data on existing and prospective HEPs1;

2) monitoring of protected areas;

3) analysis of the state and efficiency of functioning of different categories of protected areas of federal, regional and local significance;

4) providing information about PAs to state authorities at the federal and regional levels, local governments, ministries and departments, state and public organizations, and individuals.

The cadastre contains information about:

1) the legal status and regulatory framework for the functioning of protected areas;

2) administrative and departmental subordination;

3) tasks assigned to specific protected areas;

4) protected areas of the protected area;

5) the degree of study and places of storage of information on the qualitative and quantitative characteristics of protected natural complexes and their elements;

6) the degree of conservation, threatening factors and anthropogenic disturbance of natural complexes of protected areas and their components;

7) structural subdivisions and staff of PAs as state environmental institutions;

8) legal entities or individuals who have assumed obligations to ensure the protection of protected areas;

9) financing and material and technical base of protected areas;

10) the last survey of protected areas.

46. Legal regulation of handling hazardous and radioactive substances and waste

Radioactive substances are a source of particularly increased danger both to human health and to all living organisms.

Radioactive substances include:

1) nuclear materials;

2) explosives;

3) nuclear weapons;

4) radioactive gases;

5) numerous sources of ionizing radiation, both closed and open types;

6) radioactive waste. The natural radioactive background is the dose of radiation that is created by cosmic radiation and the radiation of natural radionuclides naturally distributed in the earth, air, water, other elements of the biosphere, food products and the human body.

Nuclear and radiation safety is an integral part of environmental safety, which is understood as the state of protection of citizens, flora and fauna, the state or the region as a whole from the consequences of anthropogenic impact on the environment, as well as natural disasters and catastrophes.

Legislation on nuclear and radiation safety combines legal acts of different legal force. The basic legislative acts that regulate public relations in the field of the use of atomic energy and the protection of the population from radiation pollution include the Federal Law of November 21, 1995 No. 170-FZ "On the Use of Atomic Energy" and the Federal Law of January 9, 1996 No. 3-FZ "On Radiation Safety of the Population".

The laws and other normative acts stipulate:

1) the exclusive right of the Russian Federation to the development, use and sale of radioactive substances;

2) an exclusively permissive procedure for working with radioactive substances;

3) strictly detailed rules for handling radioactive substances;

4) rules for the operation of nuclear reactors and other similar installations and devices of a radiological profile, designed to prevent the onset of harmful consequences;

5) the types and amounts of legal liability of individuals and legal entities for non-compliance with these rules are established.

Enterprises, institutions and organizations are prohibited from:

1) carry out work with radioactive substances without an appropriate permit;

2) apply technologies and use equipment that does not meet the requirements of nuclear and radiation safety;

3) place equipment and installations for working with radioactive substances in residential buildings and near children's institutions, hospitals.

Sanitary protection zone - the area around the source of ionizing radiation, where the level of exposure of people under the conditions of normal operation of this source may exceed the established limit of the radiation dose for the population.

47. Concepts and types of ecologically unfavorable territories

The ecological situation of the territory is characterized by various degrees of ecological trouble: relatively satisfactory; tense; critical, crisis - zone of emergency ecological situation; catastrophic - a zone of ecological disaster.

The Law "On Environmental Protection" establishes the following definitions:

1) environmental emergency zone - a section of the territory of the Russian Federation where, as a result of economic or other activities, stable negative changes occur in the environment that threaten public health, the state of natural ecological systems, genetic funds of plants and animals;

2) ecological disaster zone - a section of the territory of the Russian Federation where, as a result of economic or other activities, profound irreversible changes have occurred in the natural environment, resulting in a significant deterioration in the health of the population, disruption of natural balance, destruction of natural ecological systems, degradation of flora and fauna.

The main medical and demographic indicators include:

1) morbidity;

2) infant mortality;

3) medical genetic disorders;

4) specific and oncological diseases associated with environmental pollution.

When assessing changes in the natural environment, pollution of the air environment, air objects, depletion of water resources and degradation of aquatic ecosystems, soil degradation, changes in the geological environment, degradation of terrestrial ecosystems, and biochemical assessment of territories are taken into account.

A common feature of ecologically hazardous territories is the presence of a production potential that works mainly for export and many times exceeds the economic needs of the territory in terms of the given volume. Zones of ecological emergency and zones of ecological disaster are declared by resolutions of the State Duma of the Russian Federation or decrees of the President of the Russian Federation on the proposal of specially authorized state bodies of the Russian Federation in the field of environmental protection and on the basis of the conclusion of the state ecological expertise. The main sources of environmental trouble are accidents and catastrophes, accompanied by emissions and discharges of polluting chemical, radioactive or biological substances and materials into the environment.

Modern socio-ecological conditions are characterized by the presence of certain and stable objective tendencies to exacerbate the environmental consequences of emergency situations. The principal feature of the created protection of the population and territories from an emergency is the focus of efforts on preventing their occurrence and development, reducing damage and losses, and eliminating the consequences.

48. Legal regime of ecologically unfavorable territories

Emergency - the situation in a certain territory that has developed as a result of an accident, a natural hazard, a catastrophe, a natural or other disaster, as a result of which human casualties, damage to human health or the environment, significant material losses and violation of people's living conditions can occur.

Emergency alert - a set of measures that are carried out in advance and which are aimed at minimizing the risk of an emergency, as well as maintaining the health of the population, reducing environmental damage.

Emergency zone - the area in which the emergency situation has developed. The boundaries of the zone are determined by the heads of work to eliminate the consequences of situations, appointed in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation, on the basis of their classification established by the Government of the Russian Federation, and in agreement with the executive bodies of state power and local governments.

Basic principles of protection of the population and territory from emergency situations:

1) lead time of events;

2) planning them taking into account the economic, natural and other characteristics of the territories, the degree of danger;

3) publicity and provision of information about situations, their consequences, radiation, chemical, biomedical, explosive, fire and environmental safety in the respective territories.

In accordance with Art. 56, 88 of the Constitution of the Russian Federation, the President of the Russian Federation introduces a state of emergency in the event of an emergency on the territory of the Russian Federation or in its individual areas; makes a decision to involve, if necessary, the Armed Forces of the Russian Federation, other troops and military formations in the liquidation of an emergency situation. The Federal Assembly approves budget appropriations for financing activities and measures in the specified area. In the liquidation of emergency situations, the silts and means of the internal affairs bodies of the Russian Federation and the internal affairs bodies of the constituent entities of the Russian Federation are used in accordance with the tasks assigned to the internal affairs bodies by laws and other regulatory legal acts of the Russian Federation, laws and other legal acts of the constituent entities of the Russian Federation. Based on Art. 72 of the Constitution of the Russian Federation, ensuring environmental safety is the joint responsibility of the federal state authorities and the executive authorities of the constituent entities of the Federation.

In order to carry out state management of coordination of the activities of federal executive bodies in the field of protecting the population of territories, a specially authorized federal executive body is created, which creates territorial bodies subordinate to it.

49. International legal mechanism for environmental protection

An integral part of the legal system of the Russian Federation are generally recognized principles and norms of international law and international treaties of the Russian Federation in the field of the use and protection of water bodies.

International legal mechanism for environmental protection is based on sectoral principles of international environmental law. These include:

1) protecting the environment for the benefit of present and future generations;

2) the inadmissibility of causing transboundary damage - the establishment of a ban on such actions of states within their jurisdiction or control that would cause damage to foreign national systems of the environment and areas of common use;

3) the principle of environmentally sound rational use of natural resources;

4) the principle of the inadmissibility of radioactive contamination of the environment - covers all areas of the use of nuclear energy and establishes increased requirements for states on the use of atomic energy for both peaceful and military purposes;

5) the principle of protecting the ecological systems of the World Ocean, which establishes the following obligations for states (UN Convention on the Law of the Sea 1982): take all necessary measures to prevent, reduce and control pollution of the marine environment from all possible sources; not to transfer damage or danger of pollution from one area to another and not to transform one type of pollution into another; to ensure that the activities of states and persons under their jurisdiction or control do not cause damage to other states through pollution;

6) the principle of the prohibition of military or any other hostile use of means of influencing the natural environment, which establishes the obligation for states to take all necessary measures to effectively prohibit any hostile use of means of influencing the natural environment, having wide, long-term or serious consequences as methods of destruction, causing damage or injury to any state;

7) the principle of ensuring environmental security, which establishes the obligation of states to carry out military-political and economic activities in such a way as to ensure the preservation and maintenance of an adequate state of the environment;

8) the principle of control over compliance with international treaties on environmental protection, which is aimed at creating a system of international control and monitoring of environmental quality based on internationally recognized criteria and standards;

9) the principle of international legal responsibility of states for damage to the environment.

50. Sources of international environmental law

The source of international environmental and legal relations is the will of the members of the world community aimed at the protection and rational use of the natural environment. Functioning, staying in effective force of the sources of international environmental law is one of the topical issues in the field of environmental protection in the international legal doctrine. Based on this, it is advisable to analyze them in relation.

1. Establishment of a new global concept of environmental security, which is understood as an interconnected and interdependent system of the planet's ecological components, as well as the preservation and maintenance of the existing natural balance between them. According to this concept, a direct link is established between environmental protection and international security. The legal content of environmental security lies in the obligation of states to carry out their activities in such a way as to exclude the increasing impact of environmental stresses at the local, national, regional and global levels.

2. Development of international cooperation in the organization and implementation of measures aimed at protecting and improving the environment for the benefit of present and future generations of mankind. As part of addressing this issue at the global level in 1972, the United Nations Environment Program (UNEP) was established.

The main tasks of UNEP:

1) promotion of international cooperation in the field of environmental protection and development of relevant recommendations;

2) general management of environmental policy within the UN system;

3) development and discussion of periodic reports;

4) promotion of the progressive development of international environmental law;

5) increasing the effectiveness of the norms protecting the natural environment in time of war (the norms of the St. Petersburg Declaration of 1868, the Hague Convention on the Laws and Customs of War on Land of 1907 and its Regulations, the Geneva Convention of 1949 on the protection of civilians in time of war , Additional Protocol I of 1977, the 1977 Convention on the Prohibition of the Military or Any Other Hostile Use of Means of Interference with the Natural Environment and the 1980 Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons, which enshrines the principle of protecting the environment and prohibits the use of methods or means of warfare which are intended to cause, or may be expected to cause, extensive, long-term and serious damage to the natural environment. It is prohibited to cause damage to the natural environment as reprisals. It is also prohibited to make the environment as such the object of attack); implementation in practice of international liability for damage caused to the environment (according to the "polluter pays" principle).

51. International cooperation in the field of environmental protection

International cooperation in the field of compliance with the norms of international environmental law is expressed in the coordination of the actions of states in the general process of legal regulation of environmental protection. The subjects of international law determine situations of general environmental danger, assess the extent of damage to the environment, analyze trends in the violation of the entire planetary environmental system, predict changes in the entire social and economic life of mankind.

States use different approaches to assess the effectiveness of international cooperation in the field of compliance with environmental law. In particular, monitoring of harmful effects on the environment at the regional and interstate levels is carried out; the degree of harm caused to the environment is determined; the possibility of restoring the disturbed balance in the ecological environment is considered; the adequacy and differentiation of responsibility for the violator are established, etc.

For the purpose of establishing a uniform application of the norms of international environmental law, the international community develops and adopts universal imperative norms of behavior of states. States assume the obligation to conduct their activities in such a way as to exclude the increasing impact of environmental stresses at the local, national, regional and global levels.

International cooperation in the field of compliance with the norms of international environmental law is carried out at various levels: at the global level, such cooperation is carried out within the framework of the UN Environment Program of 1972, and at the particular level, issues of regional (subregional) and bilateral cooperation are resolved within the framework of regional agreements.

When implementing the norms of international environmental law, states assume obligations not only to develop the provisions of international law, but also to bring their national legislation in line with its norms.

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

International treaties of the Russian Federation in the field of environmental protection, which do not require the issuance of domestic acts for application, apply directly to relations arising in the course of carrying out activities in the field of environmental protection. In other cases, along with an international treaty, the relevant regulatory legal act is applied.

52. Principles of international cooperation in the field of environmental protection

Each state, exercising the right to pursue the policy it needs in relation to the national environmental system, must comply with the generally recognized norms and principles of modern international law.

A special basic principle of international environmental law is the principle of the inalienable sovereignty of the state. This principle is expressed in the development of its own resources in accordance with its own environmental policy. This principle was first proclaimed in the Stockholm Declaration of 1972.

Protection of the environment for the benefit of present and future generations is a general principle in relation to the whole set of special principles and norms of the MEA. According to this principle, states are obliged to take all necessary actions to preserve and maintain the quality of the environment for the benefit of present and future generations.

Inadmissibility of causing transboundary damage - prohibits actions of states within their jurisdiction or control that can cause damage to foreign national environmental systems and common areas. This principle was first formulated in the 1972 UN Stockholm Declaration on the Environment.

The environmentally sound rational use of natural resources is proclaimed in this UN Declaration and has been introduced into international legal practice over the following years.

The principle of inadmissibility of radioactive contamination of the environment extends to both the military and civilian areas of nuclear energy use.

The principle of protecting the ecological systems of the oceans most fully reflected in the 1982 UN Convention on the Law of the Sea.

The principle of the prohibition of military or any other hostile use of means of influence in the natural environment Expresses the obligation of States to take all necessary measures to effectively prohibit the use of such means of environmental manipulation that have widespread, long-term or serious consequences for the destruction, damage or harm to any State.

Ensuring environmental safety reflects the universal and extremely acute nature of international tasks in the field of environmental protection.

The principle of monitoring compliance with international environmental treaties provides for the creation of an extensive system of international control and monitoring of environmental quality.

The principle of international legal responsibility states for damage to the environment provides for liability for significant damage to ecological systems beyond national jurisdiction or control.

53. Protection of flora and fauna in international treaties

The international legal protection of the plant world has mainly developed in three directions:

1) the protection of regional natural complexes is expressed in the establishment of a special regime for certain territories: the organization of national parks, nature reserves with a strict regime is envisaged, where hunting, shooting or trapping of animals, as well as collecting collections and destroying flora are prohibited or limited. There are a number of agreements on the protection of the natural environment and wildlife in Asia, Africa, America, and Antarctica. Almost all agreements contain recommendations for states to introduce effective national legislation for the protection of natural resources and wildlife in their territories. Many agreements contain a list of specially protected animals and plants, strictly protected areas, as well as the procedure for importing animals and plants into these areas.

The main provisions on the protection of the Antarctic environment are set out in: the Treaty "On Antarctica" of 1959; in the Convention "On the Conservation of Antarctic Marine Living Resources" of May 20, 1980; in the 1964 Agreed Measures for the Protection of the Fauna and Flora of Antarctica; in the Convention "On the Protection of Antarctic Seals" 1972 National parks of individual states are taken under special international control; this is due to the fact that they are important natural reserves of flora and fauna;

2) regulation of extraction and fisheries, taking into account the protection of the living resources of the sea. The main international rules for extraction and fisheries in the oceans are set out in the Convention "On the High Seas" of 1958 and in the Convention on Fisheries and the Protection of the Living Resources of the Sea of 1958. Also, the regulation of extraction and fisheries, taking into account the protection of living resources of the sea, is provided for by: law 1982; the Convention "On Fisheries and the Conservation of Living Resources in the Baltic Sea and the Belts" of September 13, 1973;

3) protection of rare, endangered species of flora and fauna. Under international protection are: fur seals, polar bears, almost all species of seals, whales, dolphins, etc. The protection of rare, endangered species of flora and fauna is regulated by: Agreement "On the Conservation of Polar Bears" dated November 15, 1973 .; Convention on the Conservation of Migratory Species of Wild Animals of June 23, 1979; Convention "On Wetlands" of February 2, 1971; the International Plant Protection Convention of February 6, 1951; Agreement "On cooperation in the field of quarantine and protection of plants from pests and diseases" of December 14, 1959; the Convention on International Trade in Endangered Species of Wild Fauna and Flora of March 3, 1973; Convention on Biological Diversity, signed by representatives of over 150 states at the UN Conference on Environment and Development in Rio de Janeiro and entered into force on March 21, 1994.

54. International legal prohibition of military impact on the environment

There are several treaties that restrict or prohibit the use of certain means of warfare and contribute to the protection of the environment during armed conflict. These contracts include:

1) Protocol "On the prohibition of the use in war of asphyxiating, poisonous or other similar gases and bacteriological agents", adopted in Geneva on June 17, 1925;

2) Convention "On the Prohibition of the Development, Production and Stockpiling of Bacteriological and Toxic Weapons and on Their Destruction", adopted on April 10, 1972;

3) Convention on Prohibitions and Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to be Excessively Injurious or to Have Indiscriminate Effects, adopted on October 10, 1980; it has developed a mechanism by which it can be corrected or revised;

4) Geneva Convention "On the protection of civilians in time of war", adopted on August 12, 1949; prohibits the destruction of movable or immovable property, provides for minimal protection of the environment in the event of occupation.

Treaties under which environmental protection is directly provided:

1) The Convention on the Prohibition of Military or Other Hostile Uses of Environmental Controls, adopted by the United Nations on December 10, 1976, prohibits recourse to "military or any other hostile use of environmental controls that have widespread, long-term or serious consequences as means of destroying, damaging or injuring any other State Party";

2) Additional Protocol I of 1977 to the Geneva Conventions contains two articles that directly and directly relate to the protection of the environment during armed conflict:

a) art. 25, paragraph 3 states: "it is forbidden to use methods or means of warfare that have the purpose of causing or can be expected to cause widespread, long-term and serious damage to the natural environment" - thus, this article regulates the methods and means of warfare actions;

b) Art. 55 provides: in the conduct of hostilities, care is taken to protect the natural environment from extensive, long-term and serious damage. Such protection includes the prohibition of the use of methods or means of warfare that are intended to cause, or may be expected to cause, such damage to the natural environment and thereby harm the health or survival of the population. causing damage to the natural environment as reprisals is prohibited.”

55. International conference meetings and organizations for environmental protection (EP)

On June 5-16, 1972, a UN conference on the human environment was held in Stockholm.

The conference adopted two main documents:

1) Declaration of principles "Building the information society - a global challenge in the new millennium", consisting of 26 principles that express the attitude of the world community to environmental issues at present and in the future;

2) An action plan of 109 points, in which organizational, economic, political issues of environmental protection and relations between states and international organizations are resolved.

By decision of the conference, a permanent UN body for environmental protection was organized - UNEP, formed Environment Fund.

In August 1975, the Conference on Security and Cooperation in Europe was held in Helsinki. All European countries, the USSR, the USA and Canada took part in the Conference. The meeting adopted an act that dealt with environmental safety. In November 1986, a meeting of representatives of the CSCE participating states took place in Vienna. At this meeting, much attention was paid to the state of the environment and the implementation of the Helsinki agreements on its protection. On June 3-14, 1992, the UN Conference on Environment and Development was held in Rio de Janeiro. Its purpose was to sum up the results of twenty years of environmental protection. The conference was attended by about 15 thousand delegates from 178 countries of the world. The leading role in international environmental cooperation belongs to the United Nations (UN) and its specialized agencies. The protection of the human environment follows directly from the UN Charter.

Purpose and mission of the UN - assistance in resolving international issues in the field of economic and social life, health care, raising the standard of living of the population, respect for human rights. One of the main bodies of the UN is the Economic and Social Council (ECOSOC), within which there are functional and regional commissions and committees. On December 15, 1972, the United Nations Environment Program (UNEP) was established by a resolution of the UN General Assembly.

International Union for the Conservation of Nature and Natural Resources (IUCN) established in 1948. It is a non-governmental international organization representing non-governmental organizations in more than 100 countries.

World Health Organization (WHO) was founded in 1946. It deals with the protection of human health in connection with environmental changes.

International Atomic Energy Agency (IAEA) was formed in 1957 to carry out a program to ensure nuclear safety and protect the environment from radioactive contamination.

The UN World Meteorological Organization (WMO) was established in 1947. Its tasks are to study and determine the degree of human impact on the weather and climate of the planet as a whole and in individual regions.

56. International environmental legal liability

International Legal Responsibility in the field of environmental protection and regulation of the use of natural resources - a common part of the system of responsibility under public international law. International legal responsibility in the field of environmental protection and regulation of the use of natural resources is the imposition on a subject of international law that has violated legal environmental requirements and obligations, certain penalties and restrictions, as well as the obligation to compensate for the harm caused by an environmental offense. Such categories of liability as criminal and administrative are not used in the system of liability measures under international environmental law. This area is dominated by the political and economic nature of responsibility.

International environmental offense manifests itself in various forms: from illegal appropriation of natural resources to failure to comply with formal environmental requirements, which creates a potential threat of adverse changes in the natural environment.

The basis for the emergence of international legal responsibility of a subject of international law is the commission of an international offense by him.

Along with states, international organizations are also subjects of this responsibility. Types of international offenses: ordinary offenses; international crimes.

International practice determines that damage to the environment entails compensation only for direct damage. Thus, the subject of the study of environmental and legal liability is the nature and extent of such damage, the determination of the boundaries of material compensation, the methodology for calculating damage, etc.

Types of international legal responsibility of states: political; material.

The main form of political responsibility is sanctions. The onset of material liability occurs when the state violates its international obligations, and the violation must be associated with causing material harm.

Forms of expression of liability: reparations; restitution.

Also, such a form of responsibility as a restaurant is applied to the subject of international law for committing an environmental and legal violation. The procedure for resolving international environmental disputes is provided for in the relevant document - convention, treaty, agreement.

There are the following ways to resolve disputes: negotiations; mutual steps to reconcile the disputing parties; appeal to an arbitration court or international judicial institutions, including the International Court of the Russian Federation.

Author: Sazykin A.V.

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Sources are scattered throughout the text. It is advisable to collect at the beginning in one place and start with constitutional sources. And so - all in essence.

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