Foundations of

environmental
law in Russia
 Plan of the lecture.
 
1. The concept of environmental law, its object and sources.
2. Ecological relationships.
3. Government in the field of environmental protection.
4. The right of nature.
5. Environmental protection, economic and other activities.
6. Economic mechanisms of environmental protection.
Standardization in the field of environmental protection.
7. The legal basis for the protection and sustainable use of
land.
8. The legal regulation of protection and rational use of
wildlife.
9. Legal measures of air quality.
10. Responsible for committing environmental offenses
 1. The concept of environmental law, its
object and sources.
• Environmental law is an independent
branch of the Russian law, which is
the body of law governing the public
(environmental) relations in the field
of interaction between society and
nature, in the management and
conservation of natural resources.
Environmental law stood as an
independent branch in the early 90's
of the XX century.
The term "ecology" originated in the
late XIX century. For the first time in
scientific terminology the word
"ecology" was introduced by the
German scientist Haeckel, a biologist
in 1886 and was its scope only to the
science of biology.
The subject of environmental law is complex and
includes:
1) the actual environmental law (rules of federal laws
on environmental protection, environmental impact
assessment, to ensure radiation safety for production
and consumption waste, etc.);
2) nature and resources law (land, water, forest code,
etc.);
3) ecologized other branches of law rules (Chapter 26
"Environmental crime" of the Criminal Code, Article 8.
"Administrative Violations in the field of
environmental protection and nature" of the
Administrative Code, etc.).
The method of
environmental law is a
way to impact on
public relations.
Russia's Constitution provides for the following
environmental rights:
• The right to a healthy environment
• The right to clean food, eco-friendly household
items
• The right to an environmentally safe work
environment
• The right to compensation for damage caused by
the violation of environmental health and property
rights
• The right to receive accurate information about the
environment
• The right to participate in matters relating to the
environment.
Environmental law is a complex
area of ​law, environmental law
are contained in the various
laws and regulations, including
those belonging to other
branches of the law
In addition, the Constitution of the major sources of
environmental law is the Federal Law "On
Environmental Protection" (2002), "On Ecological
Expertise" (1995), "The Animal Kingdom" (1995), "On
Subsoil" (1992), "The Air Protection "(1999), the
Administrative Code, the Water Code, Land Code,
Forest Code, the Criminal Code and other federal laws
and regulations. Environmental legislation should
take into account that the environment - is an
interconnected system of ecological systems, and,
therefore, should be systematic and consistent.
The goal is to
environmental law,
environmental law and
environmental safety of
the person.
 2. Ecological relationships.

• Ecological relations - public

relations in the interaction
between society and nature, and
settled environmental law.
• Basis of relationships are legal
facts.
Objects of ecological relationships is
something that happens on the legal
regulation. Federal Law "On Environmental
Protection" refers to the objects of the
environment:
- Land, minerals, soils;
- Surface water and groundwater;
- Forests and other vegetation, animals and
other organisms and their gene pool;
- The air, the ozone layer of the atmosphere
and near-Earth space.
The subjects of environmental relations are:
- State - represented by the competent
authority;
- A legal entity;
- Individuals acting on the environment to its
consumption, use, reproduction, or defense;
- Persons - enterprises, institutions and
organizations that affect the environment,
including people involved in entrepreneurial
activity, as well as citizens of a general or
specific nature.
The content of the subjective
attitude are the legal rights
and obligations.
According to the content of the rights and
responsibilities of all actors ecological
relationships are divided into four categories:
1) natural resources - media rights and
responsibilities for managing natural resources
and environmental protection;
2) of representative and executive authorities,
specially authorized bodies of the state having
the right to regulate the use of natural resources
and the control of environmental protection;
3) integration of environmental profile;
4) judicial prosecution, supervision over the
legality of environmental relations.
 3. Government in the field of
environmental protection.

Environmental protection and legislation on

environmental protection in accordance with
Art. 72 Constitution of the Russian Federation
in the joint jurisdiction of the Russian and
Russia.
Government in the field of the environment -
organize activities of competent state bodies to
protect the environment. It is part of social
control, and should be considered as one of the
functions in Russia.
Specialized agencies involved in
environmental management are the
Ministry of Natural Resources of
Russia, Federal Service for
Supervision of Natural Resources,
Federal Agency for Water
Resources, the Federal Forestry
Agency, the Federal Agency for
Subsoil Use.
The principles of sustainable
use of natural resources and
protection of the environment
are:
- The principle of the rule of
law;
- The principle of an integrated
approach, and others.
System of measures aimed at the
prevention, detection and suppression
of violations of the law on the
protection of the environment, ensuring
that all the requirements of economic
and other activities, including standards
and regulations in the field of
environmental protection,
environmental control in the field of
environmental protection.
According to the legislation
distinguish types of environmental
control:
1) the state;
2) production;
3) the city;
4) public. Environmental
protection is one of the tools of
environmental management.
 4. Right on the nature.
Right to nature - it's Institute
for Environmental Law, which
is a system of rules governing
the use of natural resources, a
set of rights and obligations
arising from the use of natural
resources.
Depending on the
availability issue permits:
1) the right of a general
nature;
2) the right of a special
nature.
 5. Environmental protection,
economic and other activities.
General requirements for the protection of
the environment in the location, design,
construction, reconstruction, commissioning,
operation, preservation and liquidation of
buildings, structures and other objects
contained in Art. 34 of the Federal Law "On
Environmental Protection".
Environmental expertise - are matched
planned economic and other activities with
environmental requirements and determine
the admissibility object implementation
environmental review in order to prevent
possible adverse effects on the environment
and related social, economic and other
effects of environmental assessment of the
object (Article 1 of the Federal Law "On
Environmental Assessment ").
 6. Economic mechanism of
environmental protection.
Standardization in the field of
environmental protection.
• Economic mechanism of protection
of the environment has a number of
components.
First, the use of natural resources is paid. Legislator regulates
the fee for the use of land, mineral resources, forest areas
and other natural resources in the form of taxes, rent and
other forms established by law in accordance with the law on
the use of natural resources.
Second, the law provides for compensation of the
environment and natural resources of the person -
responsibility.
Third, the procedure provides for administrative liability fines
and the number of administrative violations in the
environment and natural resources.
Fourth, the law also provides for the collection of non-tax
payments, including payments for negative impact on the
environment, which is not the same kind of responsibility for
violations in the field of environmental protection and
natural resources.
General methods of economic
regulation in the field of
environmental protection and
are listed in Art. 14 of the
Federal Law "On Environmental
Protection".
Types of adverse effects on the environment
include:
- Emissions of air pollutants and other substances;
- Discharges of pollutants and other substances and
microorganisms in surface water, ground water,
water bodies and drainage basins;
- Groundwater contamination of soil;
- Disposal of waste production and consumption;
- Noise pollution, heat, electromagnetic, ionizing
and other physical impacts;
- Other types of negative impacts on the
environment.
Standards for the protection of the
environment - is the established
standards of environmental quality
and standards of permissible
exposure to, under which ensures
stable operation of natural
ecosystems and biological diversity
is preserved.
 7. The legal basis for the protection and
rational use of land.
• Article 9 of the Constitution establishes the
land together with other natural resources are
used and protected in Russia as the basis of
life and activities of the people living in the
territory.
• Article 13 of the Criminal Code states that the
protection of the land necessary to implement
new technologies and reclamation of the land
to improve soil fertility.
To assess the condition of the soil in
order to protect human health, set at
resolutions of the Government of the
Russian Federation:
- Maximum permissible concentrations
of harmful substances;
- Harmful microorganisms and their
concentrations;
- Other biological substances.
There is a forced termination of land
rights in order to restore soil fertility and
contaminated land. Such areas may also
be removed for preservation. Article 27
of the Land Code of the Russian land,
limited in circulation, the following:
- Contaminated land by hazardous waste
and radioactive substances;
- Earth of nutrient pollution, and other
degraded lands
Article 14 of the Labour Code defines a
specific procedure for the use of land,
which were radioactive and chemical
contamination, such as:
1) they are limited in use;
2) they must be transferred to the
reserve lands;
3) they are banned the production and
sale of agricultural products.
The Land Code of Russia in 2001, is a special codified
document, a comprehensive legal act regulating in
particular, issues related to the protection and
rational use of land. Land Code of the Russian
Federation defines the following categories of land:
1) agricultural land;
2) land settlement;
3) industry, energy, transport, communications, radio,
television, computer science, earth to space activities,
defense, security, and other special purposes;
4) land of protected areas and facilities;
5) of forest land;
6) groundwater resources;
7) reserve lands.
8. The legal regulation of protection and rational
use of wildlife.
• Comprehensive legal act regulating the
relationship between the use and protection of
wildlife, is the Federal Law № 52-FZ of April 24,
1995, "On the animal world." Given the legal
regulation of the use and conservation of wildlife
are just a collection of living organisms of all kinds
of wild animals, permanently or temporarily
residing in Russia and in the wild, as well as
related to the natural resources of the continental
shelf and the exclusive economic zone of Russia
Wildlife conservation is an activity
aimed at the conservation of
biological diversity and the
sustainable existence of wildlife, as
well as to create conditions for
sustainable use and reproduction
of animals.
Animals in the Russian Federation is the state
property. Animals may be present in the use of
natural and legal persons for the following uses:
hunting, fishing, including the production of
aquatic invertebrates and marine mammals,
wildlife production, not intended for hunting
and fishing, use of the useful properties of fauna
- soil formation, natural, environmental, health ,
pollinators of plants and other biofiltratov,
study, research and other use of animals in
scientific, cultural, educational, recreational, and
aesthetic purposes, without removing them
from the environment, receiving animal wastes.
Use of wildlife by removing
animals from their habitats, and
without it. Objects of the animal
world, removed from the
environment, as appropriate, may
be owned by:
- Private;
- State;
- Municipal.
Kinds of rights to use wildlife
is:
- Long-term use (for legal
entities);
- Short-term use (for
citizens).
The main measures of the government, to ensure the rational
use and conservation of wildlife, are:
- Ensuring Archives and inventory of fauna;
- Maintenance of the state monitoring of wildlife;
- State control of reproduction and use of wildlife and their
habitats;
- Set limits on the use of wildlife;
- The establishment of standards, rules and regulations
regarding the use and protection of wildlife and its habitat;
- Development and implementation of special government
programs;
- Compulsory state environmental review, including materials,
proving the removal of animals, etc.;
- The restrictions and prohibitions on the use of wildlife;
- Implementation of measures to regulate the number of
animals;
- The state registration of zoological collections, etc.
 9. Legal measures of air quality.

• In accordance with Art. 4 of the

Federal Law "On Environmental
Protection" objects of the
environment are:
• 1) air and the ozone layer;
• 2) in the near-Earth space.
The main legal acts of Russian legislation in
the field of air is the Federal Law "On
Protection of Atmospheric Air."
The legal action to protect the air, the
legislator has established:
MPE - the maximum allowable emissions of
pollutants into the air;
MAC - the maximum permissible
concentrations of pollutants in the air, and the
maximum permissible levels of harmful
physical effects, and others.
10. Responsible for committing environmental
offenses.

• Environmental responsibility - the

kind of legal liability, which means
that the duty to suffer the
negative consequences for
committing environmental crimes,
the sanctions against the law.
The basis of environmental
responsibility committing
environmental crimes, which are
responsible for the wrongful act
(action or inaction) that violate the
rule of law is established ecological
and environmental damage, or
which pose a real threat to the
business.
The structure of
environmental offenses
are subject (subjects),
the subjective side, the
object and the objective
side.
In general, environmental damage to
life and health can be restored in three
ways:
1) administrative procedures for
redress, which includes social benefits,
benefits and allowances paid to the
victim;
2) compensation contract, expressed in
the environmental insurance;
3) legal proceedings involving ordinary
civil way to recover damages.
Administrative environmental
offense recognized wrongful
wrongful act or omission in violation
of the set in the Russian
environmental law and order, public
health and environmental safety,
environmental damage, or actual
threat of containing, for which the
administrative responsibility.