Objects of legal protection of the environment. The concept and classification of environmental objects

1. Objects of protection environment from pollution, depletion, degradation, damage, destruction and other negative impact of economic and other activities are: land, subsoil, soil; superficial and The groundwater; forests and other vegetation, animals and other organisms and their genetic atmospheric air, the ozone layer of the atmosphere and near-Earth space space. 2. As a matter of priority, natural ecological systems, natural landscapes and natural complexes that have not been subjected to anthropogenic impact are subject to protection. 3. Objects included in the World Cultural Heritage List are subject to special protection. heritage and the World Natural Heritage List, state natural 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, original habitat, places of traditional residence and economic activity indigenous small peoples Russian Federation, objects with a special environmental, scientific, historical and cultural, aesthetic, recreational, health and other valuable value, the continental shelf and exceptional economic zone Russian Federation, as well as rare or under endangered soils, forests and other vegetation, animals and other organisms and their habitats. See also about health-improving areas and resorts:

Adopted on December 19, 1991, the Law of the RSFSR “On Environmental Protection natural environment» marks new stage in the development of Russian environmental legislation as a new generation of legislation.

The nature of the violation of the natural environment during the construction of the underground part of buildings and structures is diverse, and this nature is significantly influenced by the type of work performed ... Federal Law on Environmental Protection.

The Law of the Russian Federation "On Environmental Protection" contains the most general principles assessment and compensation for damage caused to the environment as a result of an environmental offense.

Legal liability is a consequence of the committed environmental offense. Its concept is contained in the Law of the Russian Federation "On the Protection of the Environment".

Thus, the Law of the RSFSR of December 19, 1991 was called "On the Protection of the Environment". In many domestic works, the incorrectness of the concept of "environment" is correctly pointed out.

In general terms, the directions of economic stimulation of environmental protection are defined in Art. 24 of the Law "On the Protection of the Environment". They include: the establishment of tax and other benefits provided by the state and other ...

According to Art. 89 of the Law on Environmental Protection, when determining the amount of harm to the health of citizens, the necessary costs for restoring health, lost professional opportunities, costs associated with ...

At the same time, limits are understood as the standards for maximum permissible emissions and discharges of harmful substances, provided for in Art. 27 of the Law "On Environmental Protection" and temporarily agreed standards (Article 45).

At the same time, the Law "On the Protection of the Environment" provides for compensation for harm caused to the health of citizens by the adverse effects of the environment (Article 89).

The Law of the RSFSR "On the Protection of the Environment" distinguishes two types of environmental insurance - voluntary and compulsory state insurance of enterprises, as well as citizens, their property and income in the event of environmental and ...

ñ Objects of protection

ñ Objects of protection as a matter of priority (untouched natural landscapes and natural complexes)

ñ Objects of protection in an exceptional order (SPNA - lists of world natural and world cultural heritage), animals listed in the Red Books, traditional nature management of indigenous peoples.

Objects removed from the environment are not objects of environmental relations (because they have lost touch with nature)

6. The concept and system of sources of environmental law.

Sources are objective bearers of norms.

Sources of environmental law - normative legal acts containing norms for the regulation of public environmental legal relations.

Features of sources of environmental law:

1) two levels of establishing legal norms (that is, acts of the Russian Federation and acts of its constituent entities), since most of the legal relations that are the subject of environmental law are assigned to the subjects of joint jurisdiction of the Russian Federation and its constituent entities; in addition, a number of issues (landscaping, municipal solid waste) are classified as issues of local importance and can be regulated by municipal legal acts;

2) the norms of environmental law are contained not only in special legislation, but also in acts of other branches of legislation;

3) a significant amount of by-laws, which is associated both with objective factors (the specifics of various objects regarding which relations arise, regulated by environmental legal norms), and with subjective factors (imperfection of the regulatory framework, non-optimal structure of environmental management bodies, corruption of norms and etc.).

Classifications of sources of environmental law

Consider various classifications sources of environmental law.

By legal force:

regulations

On the subject of regulation:

Special

By direction of legal regulation:

Material

Procedural

The nature:

codified

Uncodified

7. Environmental legislation as a source of environmental law.

The concept of environmental legislation is defined by domestic doctrine through the subject of legal regulation in two ways: in the narrow and broad senses. In the first case, it is a set of legislative and other regulatory legal acts containing legal regulations regulating only environmental protection. In the second case, the subject of legal regulation includes the use of natural resources, ensuring environmental safety and law and order.

In order to get the most general idea of ​​the system of Russian environmental legislation, let's turn to the list of federal (and equivalent) laws. As mentioned above, they can be divided into general and special environmental laws, as well as the acts that ensure their implementation. The federal law "On Environmental Protection" acts as a general one.

Special laws with certain reservations can be grouped depending on the main object of regulation, in particular, there are laws regulating the following:

Protection of atmospheric air, climate - Federal Laws "On the Protection of Atmospheric Air" and "On the Hydrometeorological Service";

Protection of wildlife and protected areas - Federal Laws "On the Animal World", "On Specially Protected Natural Territories", "On the Protection of Lake Baikal", "On Natural Medical Resources, Health Resorts and Resorts";

Protection of the Marine Environment - Federal Laws "On the Continental Shelf of the Russian Federation", "On the Exclusive Economic Zone of the Russian Federation", "On Internal sea ​​waters, territorial sea and contiguous zone of the Russian Federation";

Protection of lands (soils) - Federal laws "On land reclamation", "On state regulation of ensuring the fertility of agricultural land", "On the state land cadastre";

A special place in the system of environmental legislation is occupied by codified acts: the Water Code of the Russian Federation, the Forest Code of the Russian Federation ..., and also, although bearing the name of the law, but similar to the Water or Forest Code of the Russian Federation in terms of regulated issues and the methods of legal technique used, the Law of the Russian Federation "On Subsoil" (as amended March 3, 1995).

As for the assessment of the state of Russian environmental legislation as a whole, it must be said that some gaps have not yet been eliminated. Thus, federal laws on flora, drinking water, hazardous substances have not been adopted. Some acts are too declarative (for example, the Federal Law "On the Protection of Lake Baikal") or regulate too narrow issues that, in principle, should be resolved in a major law. In many acts, not only individual norms are reproduced, but entire institutions. It is required, as a minimum, systematization of environmental legislation, as a maximum - its codification. Even more acute is the issue of the state environmental management system in the country, which does not boil down to the re-creation of an independent supra-departmental body, but implies a thoughtful improvement of information support, control and other functions. And, of course, the development of regulatory requirements for the processes of making environmentally significant decisions, especially those whose consequences will affect future generations, for calculating environmental risks, and guaranteeing the environmental rights of citizens, is relevant.

8. general characteristics federal law"On Environmental Protection".

Federal Law of January 10, 2002 No. 7-FZ "On Environmental Protection". Replaced the Law of the RSFSR of 12/19/1991.

Adopted by the State Duma of the Russian Federation on December 20, 2001, approved by the Federal Assembly of the Russian Federation on December 26, 2001

The structure of the Federal Law includes:

Chapter I. General Provisions;

Chapter P. Fundamentals of management in the field of environmental protection;

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

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

Chapter V. Rationing in the field of environmental protection;

Chapter VI. Environmental impact assessment and ecological expertise;

Chapter VII. Requirements in the field of environmental protection in the course of economic and other activities;

Chapter VIII. Zones of ecological disaster, zones of emergency situations;

Chapter IX. Natural objects under special protection;

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

Chapter XI. State ecological supervision of the environment. Production and public control in the field of environmental protection;

Chapter XII. Scientific research in the field of OS protection;

Chapter XIII. Basics of formation ecological culture

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

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

Chapter XVI. Final provisions

It operates in the 20th edition. This law provides a number of basic concepts for environmental law, such as: environment, harm caused to the environment. The main principles are listed: for example, the principle of sustainable development, conservation of biodiversity, etc.

9. The right of citizens to a favorable environment.

In accordance with Art. 2 of the Constitution of the Russian Federation, "a person, his rights and freedoms are the highest value." Consequently, in the context of environmental legislation, it is the right to a favorable environment that has the highest value. For the first time, the issue of the human right to favorable living conditions was raised at the UN Stockholm Conference in 1972.

The Law (Article 1) defines a favorable environment as "the environment, the quality of which ensures the sustainable functioning of natural ecological systems, natural and natural-anthropogenic objects." Thus, the right to a favorable environment has a rather broad content: it is not limited to a person's right to environmental well-being in the places where his daily life takes place. Everyone has the right to demand the observance of ecological balance not only in the area of ​​their immediate residence, but also in other, even distant points of the planet. The right to a favorable environment as a subjective legal right is provided by judicial protection. Violations of this principle may be challenged in a judicial or administrative manner.

10. The right to reliable information about the state of the environment. Sources of environmental information.

According to Article 3 of the Federal Law on Protection, everyone has the right to information about the state of the environment. In the Russian Federation, the concept of environmental information is absent. This concept clearly outlined in the Aarhus Convention on the Right to Environmental Information and Access to Justice in Environmental Matters. This convention was discussed and adopted in Denmark in 1998. The Russian Federation took an active part in the development of this convention. The Russian Federation refused to ratify it. The concept of environmental information is very broad - the environment, the state of natural objects, about production processes, which practically does not remain hidden for information, secrets. Ratification is planned for 2013. It is planned to create an Aarhus Center that will operate for 4 years and this center will develop changes to the legislation on secrecy.

Generic concept "information" - 27.07.06 "about information"

"...1) information - information (messages, data) regardless of the form of their presentation;..."

Federal Law No. 149-FZ of July 27, 2006
(as amended on 04/06/2011, amended on 07/21/2011)
"On information, information technologies and information protection"

Public

Restricted access (secret)

Access to information about the state of the environment cannot be restricted.

"...state secret - information protected by the state in the field of its military, foreign policy, economic, intelligence, counterintelligence and operational-search activities, the dissemination of which may harm the security of the Russian Federation;..."

Law of the Russian Federation of July 21, 1993 N 5485-1
(as amended on 08.11.2011)
"On State Secrets"

"...1) trade secret - a regime of confidentiality of information that allows its owner, under existing or possible circumstances, to increase income, avoid unjustified expenses, maintain a position in the market for goods, works, services, or obtain other commercial benefits;..."

Federal Law No. 98-FZ of July 29, 2004
(as amended on 07/11/2011)
"About trade secret"

Information about the state of the environment, the state of the sanitary and epidemiological situation cannot be a trade secret

Criteria

1. Completeness

2. Reliability

The main role in terms of information is assigned to Roshydromet (Federal Law No. 113-FZ of July 19, 1998 (as amended on November 21, 2011) "On the Hydrometeorological Service").

a) Globality and continuity of observations of the state of the environment

b) Unity and comparability of observation

c) Safety of conducting surveillance work

d) Integration with state and interstate structures

e) Ensuring the reliability of information

f) The activities of the hydrometeorological service must comply with the principles of environmental protection

Information obtained as a result of monitoring

· general information - received and processed in the manner prescribed by the federal executive body in the field of hydrometeorology and related areas, provided to users (consumers) free of charge information about the actual and predicted state of the environment, its pollution; (as amended by Federal Laws No. 122-FZ of 22.08.2004, No. 21-FZ of 02.02.2006)

· specialized information - information that is provided at the request of the user (consumer) and at his expense;

Single state fund data on the state of the environment, its pollution (Article 15.) - GD of 14.02.2000 - governs the procedure

Collection of information for individuals and legal entities

Timely detection and prediction of environmental pollution

Maintaining a single state data fund (PP 21.12.1999 No. 1410) - an ordered set of information on the state of the environment, its pollution, obtained as a result of the activities of Roshydromet, government agencies, CHI, FL and LE and the field of meteorology and related fields. Priority for paper media.

1. Sources of information

2. Regulations

3. Cadastres of natural resources

4. Environmental monitoring data

6. Materials of the state statistical accounting

8. Accounting systems for hazardous objects

9. State catalog of agrochemicals and pesticides

10. Results of ecological expertise

11. The rights of public formations in the field of environmental protection.

Article 12

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

develop, promote and implement programs in the field of environmental protection in accordance with the established procedure, protect the rights and legitimate interests of citizens in the field of environmental protection, involve citizens on a voluntary basis in the implementation of activities in the field of environmental protection;

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

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

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

apply to the state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local governments, other organizations and officials about obtaining timely, complete and reliable information about the state of the environment, about measures for its protection, about the circumstances and facts of economic and other activities that pose a threat to the environment, life, health and property of citizens;

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

apply to state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local authorities and other organizations with complaints, applications, claims and proposals on issues related to environmental protection, negative impact on the environment, and receive timely and reasonable answers;

organize and conduct hearings in accordance with the established procedure on issues of design, placement of facilities, the economic and other activities of which may harm the environment, pose a threat to the life, health and property of citizens;

organize and conduct, in accordance with the established procedure, a public environmental review;

submit to the state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local governments, the court an appeal to cancel decisions on the design, placement, construction, reconstruction, operation of facilities whose economic and other activities may have a negative impact on the environment, on restriction, suspension and termination of economic and other activities that have a negative impact on the environment;

sue in court for damages to the environment;

exercise other rights provided by law.

12. Measures to ensure environmental safety.

In the 50s of the 20th century, the concept of environmental hazard appeared, in particular, the concept was formulated by the ecologist Remers. Once there is a danger, the second step is the need to develop security measures. Since the 1960s and 1970s, the concept of environmental safety began to be developed. The first step was the adoption of the law "On Security" of 1992. IN scientific literature the question was to define the differentiation of EB. By the mid-1990s, three points of view emerged. Everything boiled down to the fact that this is a state of security. And then the experts disagreed.

1 tz (Petrov, Moscow State University) ES is a state of protection of the vital interests of society, the individual and the state.

2 tz (Zhevlakov) EB - the state of protection of the biological foundations of life, health and human development.

3 tz (Vinokurov) ES - the state of protection of the population, flora and fauna, the natural environment as a whole from the consequences of an anthropogenic nature, as well as from natural disasters and catastrophes.

In 1995, a draft federal law on environmental safety was developed. The developers determined that ES is a state of protection of the vital interests of the individual, society, and the natural environment from threats arising from anthropogenic and natural impacts on it. This bill was adopted only in the first reading, and that was the end of its fate.

Adoption of a law on environmental protection. The current definition of the concept is contained in the first article of the law and is defined as ES - this is the state of protection of the natural environment and the vital interests of a person from the possible negative impact of economic and other activities of natural and man-made emergencies, their consequences.

develops on several levels:

International (m\national treaties)

Federal level (To the Russian Federation (analysis of 2 articles 41 and 42 Art.), Federal Law on safety; Federal Law on environmental protection; norms governing safety in various fields(see questions 2-6); regulations)

Interregional (regulation of the issue within the framework federal districts)

Regional

Level of subjects (head of executive power in the subject - responsible for documents)

Municipal level (head of education municipalities)

Local level (production entities).

Measures to ensure environmental safety

actions that reduce the level of environmental hazard or aimed at reducing the potential for the occurrence of environmental hazard. M on about. .e.b. include a set of environmental, economic, legal and social laws and regulations that ensure the reduction of environmental hazards, as well as activities to prevent emergency environmental situations caused by natural disasters.

13. Legal measures to ensure radiation safety.

Federal Law "On radiation safety" 09.01.1996 N 3-FZ

radiation safety of the population - the state of protection of the present and future generations of people from the harmful effects of ionizing radiation on their health.

The main principles for ensuring radiation safety are:

the principle of rationing - not exceeding the permissible limits of individual exposure doses of citizens from all sources of ionizing radiation;

principle of justification - the prohibition of all types of activities on the use of sources of ionizing radiation, in which the benefit received for a person and society does not exceed the risk possible harm caused by additional radiation to the natural radiation background;

optimization principle - maintenance at the lowest possible and achievable level, taking into account economic and social factors individual exposure doses and the number of exposed persons when using any source of ionizing radiation.

Radiation safety is ensured by:

carrying out a set of measures of a legal, organizational, engineering and technical, sanitary and hygienic, medical and preventive, educational and educational nature;

implementation by federal executive authorities, executive authorities of the constituent entities of the Russian Federation, local governments, public associations, other legal entities and citizens of measures to comply with the rules, norms and standards in the field of radiation safety;

informing the population about the radiation situation and measures to ensure radiation safety;

education of the population in the field of radiation safety.

Radiation safety assessment is carried out according to the following main indicators:

characteristics of radioactive contamination of the environment;

analysis of the provision of measures for radiation safety and compliance with norms, rules and hygienic standards in the field of radiation safety;

probability of radiation accidents and their scale;

the degree of readiness for effective liquidation of radiation accidents and their consequences;

analysis of radiation doses received by certain groups of the population from all sources of ionizing radiation;

the number of persons exposed to radiation above the established exposure dose limits.

The results of the assessment are annually recorded in the radiation-hygienic passports of organizations and territories.

Also in this area are provided: state planning, regulation, licensing and control / supervision.

14. Environmental requirements in the field of environmental protection in the implementation of economic and other activities.

1. General environmental requirements for economic activity

All legislation to date aims to use the best available technology

Chapter 7 of the Federal Law on the protection of the environment - requirements for the development, conservation, placement, design, commissioning, decommissioning

1. All these activities are subject to EIA

2. Mandatory EE

3. All facilities that operate in violation of the requirements of those regulations and eq. standards - activity d.b. suspended. failure to comply with the requirements to comply - termination - JUDICIAL ONLY.

4. when placing buildings, structures, structures, the requirements for the restoration of the natural environment, the rational use and reproduction of natural resources must be taken into account, the rules for environmental safety, biodiversity must be observed.

1. When designing households. objects must be taken into account:

Anthropogenic load standards

Ways of disposal of production and consumption waste

The best technologies should be considered as much as possible

There is a direct legal prohibition to reduce the cost by reducing the volume of measures to protect the environment.

When placing CGS landfills, land cultivation projects are mandatory approved

= technical stage- a reclamation project is being developed, soil, hydrological, soil and other surveys are being carried out, the reclamation project is required to be subject to SEE

= biological stage- implementation of the reclamation measures themselves - removal, application of the soil layer, application of slopes - result - the act of transfer-acceptance of uncultivated lands

Under objects environmental protection refers to natural objects, that is, components of the natural environment that are in ecological relationship with nature and perform ecological, economic, cultural and recreational functions.

The law allocates three groups of objects of protection:

The first one includes natural ecological systems and the ozone layer of the atmosphere. These objects have a global value. The main purpose of the ozone layer of the atmosphere is to protect wildlife and humans from the harmful effects of ultraviolet radiation.

Co. second The group includes individual natural objects. So, the land in the legislation is the surface of the earth to the depth of its soil layer. Subsoil is called the part of the earth's crust, located below the soil layer and the bottom of water bodies and extending to the depths available for geological study and development. At the same time, the bowels of the earth are also those parts of the earth's surface that contain minerals.

The law refers to waters both surface and ground waters, as well as snow, glaciers. Soil moisture, reservoirs, ponds located in parks, summer cottages, and farmlands are not included in the water fund. Such a distinction is important in the application of water legislation in the fight against pollution, clogging, and depletion of water.

Forests are such aggregates of tree and shrub vegetation that grow on the lands of the forest fund allocated for this purpose in the manner prescribed by law. With such criteria, it is easy to distinguish between a forest and a different set of vegetation, which may, for example, be a park and be subject to other ecological regimes. Other vegetation is understood as wild and cultivated vegetation that is not included in the category of forests and performs field-protective, landscaping, and decorative functions. This category does not include crops, fruit and berry plantations, fruit trees and similar artificial vegetation that performs not ecological, but economic, cultural functions.

The concept of "animal world" includes all the fauna on the territory of the state, which is in a wild state. These are terrestrial animals, birds, fish stocks, insects, various microorganisms.

It should be noted that the Law does not have an article defining the ownership of natural objects. Firstly, because ownership of them is a conditional category. They were created by nature itself as a result of its evolutionary development and, therefore, are a common human property. Secondly, not all natural objects protected by law can be objects of property. Such a natural object as atmospheric air cannot be owned by anyone for objective reasons, as it does not have a material substance. Thirdly, the ownership of natural objects that exists in the civilized world, like all property, is not ecological, but economic in nature. The state establishes it not for nature protection, but for farming.

(natural systems; Natural resources and other objects of protection; specially protected territories and objects)
The objects of environmental protection are understood as its components that are in ecological relationship, the relations for the use and protection of which are regulated by law, since they are of economic, environmental, recreational and other interest. Objects are classified into three groups.
natural systems
This group includes ecological systems and the ozone layer, which are of global importance. They provide a continuous process of exchange of substances and energy within nature, between nature and man, representing the natural habitat of man. As already noted, the environment and its protected objects are understood only as natural components: the natural habitat protected by law does not include commodity-material objects created by man; parts of nature that have come out of an ecological connection with nature (water taken from it is in the tap, animals taken from natural conditions); elements of nature that are not given time social value or whose protection is not yet possible.
For example, the ozone layer is essential part near-Earth space, which seriously affects the state of heat exchange between the Earth and Space. States are taking measures to protect it (they are discussed in more detail in the topic on the protection of atmospheric air). Not all of them are implemented sufficiently. It is even more difficult for states to come to an agreement and protect the spaces more remote from the Earth from pollution by aircraft, research and observation devices.
Natural or geographical landscapes are subject to protection - natural complexes, which include natural components that are in interaction, forming a terrain. Typical landscapes are mountainous, foothills, flat, hilly, lowlands. They are taken into account and used in the construction of cities, laying roads, organizing tourism.
Thus, what is located on the territory of Russia or above it, as well as what can be protected with the help of modern technical means and through legal regulation, is subject to protection from pollution, damage, damage, depletion, destruction.
Natural resources and other objects of protection
There are six main separate natural resources and objects subject to protection: land, its subsoil, water, forests, wildlife, atmospheric air (separate topics of the special part of the textbook are devoted to the analysis of their protection).
Under the ground is understood the surface covering the fertile soil layer. The most valuable are agricultural lands intended for agriculture (arable land) and animal husbandry. They cannot be replaced by anything, are exposed to wind and water erosion, clogging and pollution, and therefore deserve increased protection. Agricultural lands make up 37% of all land in the country, but their area is constantly decreasing due to the growth of cities, the construction of roads, reservoirs, the laying of power lines and communications. Non-agricultural lands serve as a spatial operational basis for accommodating other sectors of the national economy.
Subsoil is considered to be a part of the earth's crust, located below the soil layer and the bottom of water bodies, extending to the depths available for study and development. The subsoil also includes the surface of the earth if it contains mineral reserves. There are two main problems - complex use mineral resources due to their non-renewability and burial in the bowels of waste, especially toxic ones. Legal regulation of the protection of the earth's subsoil is carried out in the Federal Law "On Subsoil" of 1995 *

* SZ RF. 1995. No. 10. Art. 283.
Water is all water found in bodies of water. Waters can be surface and underground; a water body is a concentration of waters 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. The main task in the use of water is the provision of adequate drinking water supply, the prevention of pollution and depletion of water from industrial and domestic discharges *. The main act in this area is the 1995 VK RF**
_____________________________________________________________________________________________________
* See: On the state of water supply of the population of Russia and measures to improve the quality of drinking water // Ecological safety of Russia. Issue. 2. M.: Legal literature, 1996. S. 178.
** SZ RF. 1995. No. 47. Art. 447.
The objects of protection are forests and other vegetation, their main function is to satisfy the needs for wood, produce oxygen ("lungs of the planet"), and recreation. Problems - cutting, littering, fires, reforestation *. The main legal regulation of protection, rational use and forest protection is carried out by the RF LC of 1997.
__________________________________________________________________
*. See: On the threat to the environmental security of Russia in connection with the depletion and plunder of forest resources // Ecological security of Russia. Issue. 1. M.: Legal literature, 1994. P. 170.
Animal world, microorganisms, genetic fund are also objects of environmental protection. The animal world is a collection of living organisms of all kinds of wild animals permanently or temporarily inhabiting the territory of Russia and in a state of natural freedom, as well as related to the natural resources of the continental shelf and the exclusive economic zone of Russia. * Its protection is carried out on the basis of the Federal Law "On Animals world" 1995**
Microorganisms or microflora are microbes, mostly unicellular protozoa - bacteria, yeast, fungi, algae, visible only under a microscope, are found in soil, water, food, the human body. *** Science ceases to divide them into useful and pathogenic: in ecological relationship they are part of the habitat and therefore subject to study.
___________________________________________________________________
*. See: Bogolyubov S. A., Zaslavskaya L. A. et al. Legislation on wildlife. Article-by-article commentary to the law // Legislation and Economics. 1996. No. 1.
** SZ RF. 1995. No. 17. Art. 1462.
*** See: TSB. T. 16. S. 233, 244.
A protected genetic fund is understood as a set of species of living organisms with their manifested and potential hereditary inclinations*. The degradation of the natural environment can lead to irreversible changes in plants and animals, to the appearance of mutants, i.e. individuals with unusual genetic characteristics.
A peculiar object of protection is the atmospheric air, which embodies the natural environment surrounding a person. Modern topical issues are considered to be the prevention of noise and radiation - specific effects on humans, transmitted mainly through atmospheric air. Its protection is carried out in accordance with the Law of the RSFSR "On the Protection of Atmospheric Air" of 1982**
____________________________________________________________________________________________________
* See: Reimers N. F. Nature management. Dictionary reference. M.: Thought, 1990. S. 89.
** RSFSR Air Force. 1982. No. 29. Art. 1027.
Specially protected territories and objects
All attainable natural objects - components of the environment are subject to protection, but specially allocated territories and parts of nature deserve special protection. In our country, their territory is about 1.2%. These are reserves National parks, nature reserves, natural monuments, endangered species of plants and animals listed in the Red Book.
The regulation of their protection and use is carried out on the basis of the Federal Law "On Natural Medical Resources, Health Resorts and Resorts" of 1995* and the Federal Law "On Specially Protected Natural Territories" of 1995** The main problems are the preservation and expansion of specially protected territories and objects and maintaining the declared special conservation regime in them (a special topic is also devoted to their consideration).
___________________________________________________________________
* SZ RF. 1995. No. 9. Art. 713.
** SZ RF. 1995. No. 12. Art. 1024.
? Control questions
What are the principles of environmental protection?
What are the basic principles of environmental protection?
What does sustainable development mean and what is its main strategy?
What forms of legal support of environmental relations are used?
What are the principles and foundations of international cooperation in the field of environmental protection? What is their meaning? What is their legal nature?
What is the classification of environmental protection objects?
What six major natural resources are subject to legal protection?
Essay topics
The role of the principles of environmental protection in environmental law.
Problems of the relationship between economics and ecology: general and special.
Stages and stages of functioning of the legal ecological system.
Literature
Legal protection of the natural environment in countries of Eastern Europe. M.: Higher school. 1990.
Ecological law of Russia. Collection of normative acts. / Ed. A. K. Golichenkova. M., 1997.
Brinchuk M. M., Dubovik O. L., Zhavoronkova N. G., Kolbasov O. S. Ecological law: from ideas to practice. M.: RAN, 1997.
On the way to sustainable development Russia. Bulletin of the Center for Environmental Policy of Russia. M., 1996–1998.
Gore El. Earth on the scales. Ecology and the human spirit. M., 1993.
Legal reform: concepts for the development of Russian legislation. M.: IZiSP, 1995.
Douglas O. The Three Hundred Years' War. Chronicle of ecological disaster. M., 1975.
Zlotnikova T.V. Legislative foundations of environmental safety in the Russian Federation. M., 1995.
Kolbasov O. S. International legal protection of the environment. M., 1982.
Krasnova I. O. Environmental law and management in the USA (foreword by S. A. Bogolyubov). Moscow: Baikal Academy, 1992.
Robinson N. A. Legal regulation of nature management and environmental protection in the USA (afterword by O. S. Kolbasov). Moscow: Progress, 1990.
Comparative review of the legislation of the CIS member states. M., 1995.
Decree of the Government of the Russian Federation "On the conclusion of an Agreement between the Government of the Russian Federation and the Government of the Kingdom of Sweden on cooperation in the field of regulation of nuclear and radiation safety in the use of atomic energy for peaceful purposes" dated November 22, 1997
Decree of the Government of the Russian Federation "On Ensuring the Implementation of the Provisions of the Protocol on Environmental Protection to the Antarctic Treaty" dated December 18, 1997

Subject, methods and system of environmental law.

Item - public relations in the sphere of interaction between society and nature.

Two groups of relationships:

1. Industry - relations for the protection and use of subsoil lands, forests, waters, wildlife and atmospheric air;

2. Comprehensive - for the protection and use of natural complexes in the aggregate (reserves, wildlife sanctuaries, valuable and specially protected natural areas, sanitary zones, recreational zones (otdyz)).

A method is a way of influencing public ecological relations. Methods:

1. Administrative and legal - based on the relationship of power and subordination and proceeds from the unequal position of the parties (any manufacturing enterprise in the course of its activities, it emits harmful substances into the atmospheric air, but this right is not natural, but is exercised on the basis of a permit issued by an authorized state. body, which indicates the volume of emissions, period, fee, etc.);

2. Civil law - based on the equality of the parties and on economic instruments of regulation (between a specially authorized state body and an economic entity, an agreement can be concluded for the use of a certain natural resource (lease agreement for a forest plot) in which the parties have approximately the same rights and obligations and are regulated such relations of the Civil Code of the Russian Federation);

3. Ecologization - all other branches of legislation must comply with currently established environmental rules, norms, regulations, etc.

The system is a set of its institutions, located in a certain sequence, in accordance with environmental laws.

Environmental law in three qualities: 1) as a branch of law; 2) as a science; 3) as an academic discipline.

As a science and academic discipline, EP consists of general, special and special parts.

General - concept, subject, method, sources, objects of protection, ownership of natural resources, state. management, ecological expertise, audit, certification, supervision, control, responsibility, etc.;

Special - the use and protection of individual resources or complexes;

Special - EP in foreign countries and international EP.

As an industry, EP consists of subsystems: environmental and natural resource law.

The first is studying: general provisions, goals and objectives of protection, basic principles of protection, environmental rights of citizens, economic mechanism for environmental protection, regulation in this area, dispute resolution, responsibility, international cooperation, etc.;

The second consists of: land, water, forest, mountain, faunistic and air protection law.

Each of the resource sectors has a general and a special part.

Objects of environmental protection.

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

1. Classical objects: lands, bowels, soils; surface and ground waters; forests and other vegetation, animals and other organisms and their genetic fund; atmospheric air, the ozone layer of the atmosphere and near-Earth space.

2. In a priority order: natural ecological systems, natural landscapes and natural complexes that have not been subjected to anthropogenic impact.

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

Measures for the protection of natural objects subject to special protection:

Specially protected natural areas are being created for objects of special environmental, scientific, historical, cultural, aesthetic, recreational, health and other value. The lands of such facilities are not subject to privatization.

State natural reserves, including state natural biosphere reserves, state natural reserves, natural monuments, national parks, dendrological parks, natural parks, botanical gardens and other specially protected areas, natural objects with special environmental, scientific, historical, cultural, aesthetic , recreational, health-improving and other valuable value, form a natural reserve fund, the withdrawal of land from which is prohibited.

Economic and other activities that have a negative impact on the environment and lead to the degradation and destruction of such natural objects are prohibited.

In order to protect and record rare and endangered plants, animals and other organisms, the Red Books of the Russian Federation are established. Objects entered into them are subject to withdrawal from economic use. In order to preserve rare and endangered plants, animals and other organisms, their genetic fund must be preserved in low-temperature genetic banks, as well as in an artificially created habitat.

Green fund of urban settlements, rural settlements - a set of territories on which forest and other plantations are located, including in green areas, forest park areas, and other green areas within the boundaries of these settlements. Its protection provides for a system of measures that ensure the preservation and development of the green fund and are necessary for the normalization environmental situation and creating a favorable environment. On its territory, economic and other activities that have a negative impact on it and prevent it from exercising the functions of ecological, sanitary-hygienic and recreational purposes are prohibited.

Rare and endangered soils are subject to state protection, and in order to record and protect them, the Red Book of Soils of the Russian Federation and the constituent entities of the Russian Federation is established.