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Federal Law of The Russian Federation - About Environmental Protection - 2002
Federal Law of The Russian Federation - About Environmental Protection - 2002
Federal Law of The Russian Federation - About Environmental Protection - 2002
Accepted by the State Duma of the Russian Federation on December 20, 2001
According to the Constitution of the Russian Federation everyone has the right to the favorable
environment, everyone shall keep the nature and the environment, to make thrifty use of natural
wealth which are basis of sustainable development, life and activities of the people living in the
territory of the Russian Federation.
This Federal Law determines the legal basis of state policy in the field of environmental protection
providing the balanced solution of social and economic tasks, preserving the favorable environment,
biological diversity and natural resources for the purpose of requirements satisfaction present and
future generations, strengthening of law and order in the field of environmental protection and
providing ecological safety.
This Federal Law governs the relations in the field of interaction of society and the nature arising
when implementing the economic and other activity connected with impact on the environment as the
most important component of the environment which is life basis on Earth within the territory of the
Russian Federation, and also on the continental shelf and in exclusive economic zone of the Russian
Federation.
the environment - set of components of the environment, natural and natural and anthropogenous
objects, and also anthropogenous objects;
the environment (further also - the nature) - set of components of the environment, natural and
natural and anthropogenous objects;
environment components - the earth, subsoil, soils, surface and underground water, atmospheric
air, vegetable, fauna and other organisms, and also ozone layer of the atmosphere and the near-earth
space providing in total favorable conditions for existence of life on Earth;
natural object - natural ecological system, natural landscape and elements constituting them which
kept the natural properties;
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natural and anthropogenous object - the natural object changed as a result of economic and other
activity and (or) the object created by the person, having properties of natural object and having
recreational and protective value;
anthropogenous object - the object created by the person for ensuring his social requirements and
which does not have properties of natural objects;
natural ecological system - objectively existing part of the environment which has space and
territorial borders and in which live (plants, animal and other organisms) and its lifeless elements
interact as single functional whole and are connected among themselves by exchange of substance and
energy;
natural complex - complex functionally and the natural objects which are naturally connected
among themselves combined by geographical and other corresponding signs;
the natural landscape - the territory which did not undergo to change in result of economic and
other activity and is characterized by combination of certain types of land relief, the soils, vegetation
created in uniform climatic conditions;
environmental protection - the activities of public authorities of the Russian Federation, public
authorities of subjects of the Russian Federation, local government bodies, public associations and
non-profit organizations, legal entities and physical persons directed to preserving and recovery of the
environment, rational use and reproduction of natural resources, prevention of negative impact of
economic and other activity on the environment and liquidation of its effects (further also - nature
protection activities);
the favorable environment - the environment which quality provides steady functioning of natural
ecological systems, natural and natural and anthropogenous objects;
negative impact on the environment - impact of economic and other activity which effects lead to
negative changes of quality of the environment;
natural resources - environment components, natural objects and natural and anthropogenous
objects which are used or can be used when implementing economic and other activity as power
sources, products of production and consumer goods and have consumer value;
environmental pollution - receipt to the environment of substance and (or) energy, property,
location or the number of whom make negative impact on the environment;
pollutant - substance or mix of substances and microorganisms which in the quantity and (or)
concentration exceeding the standard rates established for chemicals, including radioactive, other
materials and microorganisms make negative impact on the environment, life, health of the person;
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standard rates in the field of environmental protection - the established standard rates of quality
of the environment and standard rates of admissible impact on it in case of which observance steady
functioning of natural ecological systems is provided and biological diversity remains;
standard rates of quality of the environment - standard rates which are established according to
physical, chemical, biological and other indicators for assessment of state of environment and in case of
which observance the favorable environment is provided;
standard rates of admissible impact on the environment - standard rates which are established
according to indicators of impact of economic and other activity on the environment and in case of
which standard rates of quality of the environment are observed;
standard rates of permissible anthropogenous load on the environment standard rates which are
established according to the size of admissible cumulative impact of all sources on the environment
and (or) separate components of the environment within the specific territories and (or) water areas
and in case of which observance steady functioning of natural ecological systems is provided and
biological diversity remains;
standard rates of admissible emissions - norms of emissions of pollutants in atmospheric air which
are determined as amount or mass of chemicals or mix of chemicals, microorganisms, other substances
as activity ratios of radioactive materials, admissible for emission in atmospheric air by stationary
sources;
standard rates of threshold limit values of chemicals, including radioactive, other materials and
microorganisms (further also standard rates of threshold limit values) - standard rates which are
established according to indicators of maximum permissible content of chemicals, including
radioactive, other materials and microorganisms in the environment and which non-compliance can
lead to environmental pollution, degradation of natural ecological systems;
standard rates of admissible physical impacts - standard rates which are established according to
levels of admissible impact of physical factors on the environment and in case of which observance
standard rates of quality of the environment are provided;
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environmental impact assessment - type of activity on identification, the analysis and accounting
of direct, indirect and other effects of impact on the environment of the planned economic and other
activity for the purpose of decision making about opportunity or impossibility of its implementation;
the state environmental monitoring (the state monitoring of the environment) - complex
observations of state of environment, including components of the environment, natural ecological
systems, behind the processes happening in them, the phenomena, assessment and the forecast of
changes of state of environment;
control in the field of environmental protection (environmental control) - the system of measures
directed to prevention, identification and suppression of violation of the law in the field of
environmental protection, ensuring compliance by legal entities and individual entrepreneurs of
requirements, including standard rates and regulating documents, federal regulations and rules in the
field of environmental protection;
the best available technology - the production technology of products (goods), performance of
works, rendering services determined on the basis of modern achievements of science and technology
and the best combination of criteria of goal achievement of environmental protection on condition of
availability of technical capability of its application;
harm to the environment - the negative change of the environment as a result of its pollution
which entailed degradation of natural ecological systems and depletion of natural resources;
environmental risk - probability of the approach of the event having adverse effects for the
environment and caused by negative impact of economic and other activity, emergency situations of
natural and technogenic nature;
objects of natural heritage - the natural objects, natural monuments, geological and physiographic
educations and strictly limited zones, natural noteworthy places falling under criteria of outstanding
universal value and determined by the Convention on protection of the world cultural and natural
heritage;
objects of the world natural heritage - the objects of natural heritage included in the List of the
world heritage;
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ecological safety - condition of security of the environment and the vital interests of the person
from possible negative impact of economic and other activity, emergency situations of natural and
technogenic nature, their effects.
the substances destroying ozone layer (further - ozone-depleting substances), - chemicals and
their mixes which list is determined by the Government of the Russian Federation according to
international treaties of the Russian Federation in the field of protection of ozone layer of the
atmosphere;
are made in the Russian Federation and are liable to destruction using the technologies approved
according to the procedure, established by international treaties of the Russian Federation;
are made in the Russian Federation and are used only as raw materials for production of other
chemicals;
are made in the Russian Federation or are imported into the Russian Federation for providing the
main types of application determined according to international treaties of the Russian Federation;
the object making negative impact on the environment - capital construction project and (or) other
object, and also their set combined by single appointment and (or) inseparably linked physically or
technologically and located within one or several parcels of land;
complex ecological permission - the document which is issued by authorized federal executive
body to the legal entity or the individual entrepreneur performing economic and (or) other activity on
the object making negative impact on the environment and contains requirements, obligatory for
accomplishment, in the field of environmental protection;
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technological standard rates - standard rates of emissions, dumpings of pollutants, standard rates
of admissible physical impacts which are established using technological indicators;
technical standard rates - standard rates which are established concerning engines of portable
sources of environmental pollution according to levels of admissible impact on the environment;
portable source of environmental pollution - the vehicle which engine during its work is source of
environmental pollution;
cumulative harm to the environment - the harm to the environment which resulted from last
economic and other activity which obligations on elimination were not executed or were executed not
in full;
objects of cumulative harm to the environment - the territory and the water area on which
cumulative harm to the environment, capital construction projects and subjects to placement of waste
which are source of cumulative harm to the environment is revealed;
system of automatic control - complex of the technical means providing automatic measurements
and accounting of indicators of emissions of pollutants and (or) dumpings of pollutants, fixing and
information transfer about indicators of emissions of pollutants and (or) dumpings of pollutants into
the state register of the objects making negative impact on the environment;
3. This Federal Law acts on the continental shelf and in exclusive economic zone of the Russian
Federation according to rules of international law and the Federal Laws and is aimed at providing
preserving the marine environment.
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4. The relations arising in the field of environmental protection as basis of life and activities of the
people living in the territory of the Russian Federation for the purpose of providing their rights to the
favorable environment are regulated by international treaties of the Russian Federation, this Federal
Law, other Federal Laws and other regulatory legal acts of the Russian Federation, the laws and other
regulatory legal acts of subjects of the Russian Federation.
5. The relations arising in the field of protection and rational use of natural resources, their
preserving and recovery are regulated by international treaties of the Russian Federation, the land,
water, forest legislation, the legislation on subsoil, fauna, other legislation in the field of environmental
protection and environmental management.
6. The relations arising in the field of environmental protection in that measure in what it is
necessary for ensuring sanitary and epidemiologic wellbeing of the population, are regulated by the
legislation on sanitary and epidemiologic wellbeing of the population and the legislation on health
protection, other aimed at providing the environment, favorable for the person, with the legislation.
evidence-based combination of ecological, economic and social interests of the person, society and
state for the purpose of ensuring sustainable development and the favorable environment;
responsibility of public authorities of the Russian Federation, public authorities of subjects of the
Russian Federation, local government bodies for providing the favorable environment and ecological
safety in the corresponding territories;
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obligation of conducting in accordance with the legislation of the Russian Federation verification
of the projects and other documentation proving economic and other activity which can make negative
impact on the environment create threat of life, to health and property of citizens, on compliance to
requirements of technical regulations in the field of environmental protection;
accounting of natural and social and economic features of the territories when planning and
implementing economic and other activity;
priority of preserving natural ecological systems, natural landscapes and natural complexes;
admissibility of impact of economic and other activity on the environment proceeding from
requirements in the field of environmental protection;
ensuring decrease in negative impact of economic and other activity on the environment
according to standard rates in the field of environmental protection which can be reached on the basis
of use of the best available technologies taking into account economic and social factors;
prohibition of economic and other activity which effects of impact are unpredictable for the
environment, and also project implementations which can lead to degradation of natural ecological
systems, change and (or) destruction of genetic fund of plants, animal and other organisms, depletion
of natural resources and other negative changes of the environment;
observance of the right of everyone to receipt of reliable information about state of environment,
and also participation of the citizens in decision making concerning them the rights to the favorable
environment according to the legislation;
participation of citizens, public associations and non-profit organizations in the solution of tasks of
environmental protection;
obligation of financing by the legal entities and individual entrepreneurs performing economic and
(or) other activity which brings or can lead to environmental pollution, measures for prevention and
(or) reduction of negative impact on the environment, elimination of effects of this impact.
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taking into account the level of toxicity, cancerogenic and (or) mutagen properties of the chemical
and other substances including tending to accumulating in the environment, and also their capability to
transformation in the environment to the connections having bigger toxicity;
taking into account data of the state environmental monitoring and social and hygienic
monitoring;
2. The list of pollutants to which measures of state regulation in the field of environmental
protection are applied is established by the Government of the Russian Federation.
Article 4.2. Categories of the objects making negative impact on the environment
1. The objects making negative impact on the environment depending on the level of such impact
are subdivided into four categories:
the objects making considerable negative impact on the environment and relating to scopes of the
best available technologies - category objects I;
the objects making moderate negative impact on the environment - category objects II;
the objects making insignificant negative impact on the environment - category objects III;
the objects making the minimum negative impact on the environment - category objects IV.
2. In case of establishment of criteria based on which reference of the objects making negative
impact on the environment to the corresponding category is performed are considered:
impact levels on the environment of types of economic and (or) other activity (industry, part of
industry, production);
toxicity level, cancerogenic and mutagen properties of the pollutants containing in emissions,
dumpings of pollutants and also classes of danger of production wastes and consumption;
3. Criteria based on which reference of the objects making negative impact on the environment to
objects I, II, III and IV of categories is performed are established by the Government of the Russian
Federation.
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4. Assignment to the object making negative impact on the environment, the corresponding
category is performed in case of its statement on the state accounting of the objects making negative
impact on the environment. The category of object can be changed when updating accounting data on
the object making negative impact on the environment.
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