Basic principles for solving environmental problems. Basic principles of environmental protection

The principles of environmental legislation enshrined in Article 3 of the Federal Law “On Environmental Protection” are its main principles, guiding ideas and provisions that determine the general focus and specific content legal regulation in this area. The principles extend to a wider area public life rather than legal norms. As a rule, one principle is reflected and embodied in a number of individual norms. In combination with the sphere of life, methods, sources and legal regimes, the principles inherent in a particular branch of law create a special regime of legal regulation, which is the most comprehensive characteristic of this branch. The principles of a branch of law most clearly express its specificity: it is enough to familiarize yourself with these principles in order, without knowing anything else about this branch, to form an adequate idea of its system, social purpose, goals and objectives, and means of solving them.

The principles of legislation serve as a guideline for law-making and law enforcement activities of public authorities and local government. Compliance with the principles of legislation ensures the normal and uniform development and functioning of the entire Russian legal system as a whole. Constitutional Court of the Russian Federation, Supreme Court The Russian Federation and the Supreme Arbitration Court of the Russian Federation in their decisions often remind of the need to use the principles of law, since the latter can be a source of law when gaps are discovered in it.

The first in Article 3 is the principle of respect for the human right to a favorable environment. It is no accident that this principle is given first place in the law. In accordance with Art. 2 of the Constitution of the Russian Federation, “man, his rights and freedoms are the highest value.” Therefore, in the context of environmental legislation, the nature highest value bears precisely the right to a favorable environment.

The Law (Article 1) defines a favorable environment as “an environment whose quality ensures the sustainable functioning of natural ecological systems, natural and natural-anthropogenic objects." Thus, the right to a favorable environment has a fairly broad content: it is not limited to the human right to environmental well-being in the places where his daily life takes place. Everyone has the right to demand respect for ecological balance not only in the area of his immediate residence, but also in other, even remote parts of the planet. The right to a favorable environment as a subjective legal right is ensured by judicial protection. Violations of this principle can be appealed in court or administrative proceedings.

Providing favorable conditions for human life. This principle differs in content from the previous one. It involves creating for each person the most comfortable living environment, not only in an environmental sense, but also in all other respects. Compliance with this principle means that the performance of any action must be assessed in terms of how this action affects the livelihoods of other people. The behavior of a particular subject - an individual, a social group, social organization, including the state - one way or another affects others. From this point of view, socially unjustified are those acts that create an obstacle to the existence and activities of other social entities. Let us pay attention: in the legislative formulation we are talking specifically about the life activity of a person, and not society. Thus, the interests of the individual are taken as a criterion, which are always more concrete and tangible than the interests of society. In addition, we mean all living conditions, including social, economic, cultural, etc.

A scientifically based combination of environmental, economic and social interests people, society and the state in order to ensure sustainable development and a favorable environment. Here, for the first time, the principle of sustainable development is enshrined at the legislative level. The idea of sustainable development is often given a purely ecological content, which is not entirely correct. In reality, sustainable development and a favorable environment are far from the same thing, which is reflected in the text of this principle. Sustainable development as a certain social ideal has a pronounced systemic, integrative character. The environmental component comes to the fore because it was in the concept of sustainable development that for the first time due attention was paid to the problem of human interaction with nature.

Sustainable development presupposes harmonious, synchronous and coordinated progress in all areas of social life. None of the areas of development should come at the expense of other areas. For a long time, this truth was clearly insufficiently realized, as a result of which there was a sharp disharmony in certain spheres of social development, when technological progress surged far ahead, overtaking cultural and social dynamics and completely ignoring natural factors.

Sustainable development does not mean that it is now necessary to devote all efforts to protecting the environment, sacrificing all technical and economic achievements. On the contrary, we should look for ways to further develop society in which it would be possible to achieve equal success in all these areas, moreover, so that they support and mutually stimulate each other. Therefore, the law talks about the optimal combination of environmental, economic and social interests, as well as the interests of the individual, society and the state (in this case, human interests, as mentioned above, are primary). The difficulty of realizing this social ideal is obvious, as is the fact that this goal can only be achieved through scientific means.

Protection, reproduction and rational use of natural resources as the necessary conditions ensuring a favorable environment and environmental safety. Natural resources, according to Art. 1 of the Federal Law “On Environmental Protection” are such components of the natural environment, natural and natural-anthropogenic objects that are used or can be used in economic or other activities as sources of energy, production products and consumer goods and have consumer value. The concept of natural resources thus contains an assessment natural phenomena from the point of view of their exploitation by humans.

The protection of natural resources is an activity to protect them from negative impacts, prevent such impacts and eliminate their consequences. Reproduction is an activity to replenish lost and spent resources. Rational use of natural resources is their consumption that does not exceed the limits of what is necessary, does not lead to irreversible depletion of resources, and leaves the opportunity for their restoration and increase.

All this is a condition for achieving environmental safety, which is a state of protection of the natural environment and vital human interests from the possible negative impact of economic and other activities, natural and man-made emergencies, and their consequences. In the legislative definition of environmental safety, trends appear that have already been mentioned above: the first of them is that the interest of the individual, rather than the social community, is put at the forefront. The second trend is to give environmental categories a broader meaning than usual; in this case, for example, environmental safety actually includes the protection of any vital human interests from any negative consequences any type of activity.

Responsibility of public authorities Russian Federation, state authorities of the constituent entities of the Russian Federation, local governments for ensuring a favorable environment and environmental safety in the relevant territories. Here we are talking not so much about legal responsibility for an offense, but about the social responsibility of authorities to society. There is a distribution of powers between different levels of government for environmental protection. Each of these levels is responsible for the proper implementation of its powers.

Thus, responsibility is distributed according to the subjects of jurisdiction, as well as at the territorial scale (“in the relevant territories”): local government bodies are responsible for the state of the environment in the territory of the municipality, regional authorities - at the level of the subject of the federation, federal authorities authorities - throughout the country. Thus, a triple system of environmental authorities must operate in any individual area of Russian territory. But this requires that all three levels of government exercise their powers in a mode of mutual support and cooperation. Instead, in practice, there is a high degree of conflict in their relations and a desire to shift the implementation of environmental functions to each other.

Payment for environmental use and compensation for environmental damage. Environmental management refers to any economic and other activities related to the use of natural resources or affecting the state of the environment. In the future, the law mainly talks about paying for negative impacts on the environment. Thus, negative impact on the environment is not completely prohibited, which would be unrealistic - it is allowed, but within strictly defined limits and on a reimbursable basis. Payment of this fee does not exempt entities from carrying out environmental protection measures and from compensation for damage to the environment. Compensation for damage caused to the environment is regulated in Articles 77-78 of the Federal Law “On Environmental Protection”.

Independence of control in the field of environmental protection. Environmental control in legislation is understood as a system of measures aimed at preventing, identifying and suppressing violations of legislation in the field of environmental protection, ensuring compliance by economic and other entities regulatory requirements in the field of environmental protection.

Thus, control activities in their content are of a law enforcement nature; The emphasis is placed precisely on monitoring the implementation of legal acts. As for the principle of independence of control, we are talking, first of all, about the fact that the controlling entities must be independent from the controlled ones, not be subordinate to them and not be subject to pressure from them.

Presumption of environmental danger of planned economic and other activities. Presumption is a special technique of legal technique when something is considered legally recognized until the contrary is proven. In this case, it is meant that any economic activity should be considered as a potential threat to the environment until there is confidence to the contrary. But here, too, the scope of the principle is unjustifiably expanded due to the fact that the environmental danger of not only economic, but also “other” activities is declared. In fact, there are a huge number of activities that cannot initially cause damage to the environment (for example, opinion polls, lecturing, writing literary works and so on.). Naturally, there can be no question of a presumption of environmental danger for such types of activities. Therefore, this principle requires a restrictive interpretation.

Mandatory environmental impact assessment (EIA) when making decisions on economic and other activities. EIA is an activity to identify, analyze and take into account the direct, indirect and other consequences of the environmental impact of a planned economic and other activity in order to make a decision on the possibility or impossibility of its implementation. However, a literal interpretation of this principle also leads to the conclusion that environmental impact assessment must precede the commencement of any human activity, which is neither practical nor feasible. We are talking here, apparently, only about activities that, at least theoretically, can have any impact on the environment.

Mandatory verification of projects and other documentation justifying economic and other activities that may have a negative impact on the environment, create a threat to the life, health and property of citizens, for compliance with the requirements of technical regulations in the field of environmental protection. In 2006, this principle replaced the principle of mandatory state environmental assessment of project documentation justifying economic and other activities. Since January 1, 2007 project documentation in relation to capital construction projects, it is the subject of a comprehensive state examination carried out in accordance with the legislation on urban planning activities. Article 3 of the Federal Law “On Environmental Protection” specifies cases of mandatory inspection of projects and other documentation - when the projected activity may have a negative impact on the environment, as well as cause harm to the life, health or property of citizens. At present, this principle cannot yet be implemented, because All technical regulations in the field of environmental protection have not yet been developed and adopted.

Taking into account the natural and socio-economic characteristics of territories when planning and implementing economic and other activities. The point is that each section of Russian territory is unique in its own way and in some way different from others. Differences may lie in the nature of the area, its level of population, climatic conditions, soil fertility, the state of the environment, the presence of certain natural objects, composition of flora and fauna, etc. Economic and other activities subject to environmental and legal assessment should not ignore the specifics of the territories in which it is planned to be carried out. Environmental legislation obliges the organization economic activity take into account not only its own interests, but also the interests of the natural and social environment where this activity is carried out.

Priority of conservation of natural ecological systems, natural landscapes and natural complexes. According to Article 1 of the Federal Law “On Environmental Protection”, a 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 non-living elements interact as a single functional whole and are interconnected by the exchange of matter and energy.

A natural complex is a complex of functionally and naturally interconnected natural objects, united by geographical and other relevant characteristics.

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

As can be seen from the above definitions, the common distinctive features of natural ecological systems, natural landscapes and natural complexes are their natural character and consistency. They develop and function in nature objectively, regardless of human will, and at the same time they represent a special inextricable connection of natural phenomena, from which not a single component can be removed. Hence the special importance of caring for ecosystems, natural landscapes and complexes: sometimes one awkward intervention is enough to disrupt the complex interaction of elements and begin an irreversible process with the most difficult environmental consequences. Therefore, the priority of preserving natural ecosystems, natural landscapes and natural complexes has been established by law, which means the need to maintain their functioning in a mode as close as possible to natural, and a ban on actions that could negatively affect their condition.

The permissibility of the impact of economic and other activities on the natural environment based on the requirements in the field of environmental protection. This is a general rule according to which any human activity related to environmental impact. Such an impact is inevitable, because social life humanity is inseparable from the natural environment; in the same way, the influence of nature on the activities of society is inevitable. Society is not able to completely protect nature from its influence, but it can quite reasonably limit this influence, which is dictated at least by the interests of self-preservation - after all, the reverse reaction of nature will not be slow in waiting.

Thus, impact on the environment is legally permitted, but only within certain limits established by regulations and other generally binding environmental requirements.

Ensuring the reduction of the negative impact of economic and other activities in accordance with standards in the field of environmental protection, which can be achieved through the use of the best existing technologies, taking into account economic and social factors. This principle requires not only compliance with existing standards in the field of environmental protection, but also something more - constantly striving to reduce the negative anthropogenic impact on the environment. In other words, if there is an opportunity to improve a particular activity in the direction of reducing its impact on the environment, this opportunity should be taken.

Under "best available technology" in Art. 1 of the Federal Law “On Environmental Protection” is understood as a technology based on the latest achievements of science and technology, aimed at reducing the impact on the environment and having a set period of practical application, taking into account economic and social factors. The reference to socio-economic factors means that the best available technology must be optimal not only from an environmental point of view, but also in terms of its economic feasibility and practical feasibility, otherwise such technology simply cannot be implemented and will not demonstrate its useful qualities.

Mandatory participation in environmental protection activities of government bodies of the Russian Federation, constituent entities of the Russian Federation, local governments, public and other non-profit organizations, legal entities and individuals. The legislative formulation of this principle is extremely unfortunate.

Firstly, all possible subjects of legal relations are listed, which raises the question: in whose environmental protection activities should they participate? Apparently, in each other's activities.

Secondly, for whom is this participation obligatory? As far as is known, there are no legal mechanisms for the forced involvement of individuals or public organizations to environmental activities.

Apparently, this principle refers to the need to unite the efforts of all subjects of public life in order to jointly solve environmental problems. However, the imperfection of legislative expression deprives this principle of legal certainty and makes its successful operation problematic.

Conservation of biological diversity. We must not forget that life on Earth is represented by an almost infinite variety of forms and media. The greatest mistake of man is to attribute independent value only to himself, of all these carriers. Any biological species has the same unconditional significance for nature as humanity. However, it is man who bears increased responsibility for the fate of all other biological species, since not a single living creature is capable of such a destructive effect on nature as man. Not a single living creature can independently protect itself from this influence. Therefore, it is necessary to protect other biological species from degradation and extinction, create decent living conditions for them, and take measures to support rare and endangered species.

Providing an integrated and individual approach to establishing requirements in the field of environmental protection for economic and other entities carrying out such activities or planning to carry out such activities. This principle reflects a certain variability of environmental and legal regulation. Of course, there must be strict and uniform rules for environmental management and conservation for everyone, but a differentiated approach to individual situations is also necessary. In each specific case, when environmental and legal qualification is necessary, one should not only carry out General requirements in the field of environmental protection, but also take into account the features characteristic of a specific territory, specific natural objects, specific types activities, economic entities, etc. There cannot be absolute unification in legal assessment - it depends on the individual combination of environmentally and legally significant factors. But in any case, the differentiated approach must correspond to the integrated one, developing and specifying it, but not replacing it.

Prohibition of economic and other activities, the consequences of which are unpredictable for the environment, as well as the implementation of projects that may lead to the degradation of natural ecological systems, changes and (or) destruction of the genetic fund of plants, animals and other organisms, depletion of natural resources and other negative changes environment. This provision formulates a general rule about which specific actions in relation to the environment are legally unacceptable. Unfortunately, this time too, flaws in legislative technology make it difficult for the legal principle to operate effectively. First of all, any activity whose results are unpredictable for the environment is prohibited. But unpredictability is largely a subjective concept: as is known, there cannot be absolutely accurate forecast, especially since it is impossible to assess its reliability before the predicted event occurs.

On the other hand, there is no activity for which a forecast would be completely impossible. Therefore, everything is to some extent predictable and to some extent unpredictable. Several types of consequences are more or less clearly identified, the possibility of which the legislator considers to be grounds for prohibiting the relevant activity. This gross violation systemicity and integrity of the functioning of natural objects, a significant deterioration in their condition, a serious quantitative decrease. However, “other negative environmental changes” are also added to this. It turns out that any negative impact on the environment is completely prohibited. This ban is not only unenforceable, but also contradicts other principles of environmental law, in particular, the principle of payment for the use of natural resources (negative impact on the environment is prohibited, and at the same time, in accordance with Article 16 of the Federal Law “On Environmental Protection” is paid) .

Respect for the right of citizens to receive reliable information about the state of the environment, as well as the participation of citizens in decision-making regarding their rights to a favorable environment, in accordance with the law. The right to reliable information about the environment is specifically enshrined in Article 42 of the Constitution of the Russian Federation. In addition, in accordance with Part 2 of Article 24 of the Constitution of Russia, bodies of state power and local self-government, their officials are obliged to provide everyone with the opportunity to familiarize themselves with documents and materials that directly affect their rights and freedoms, unless otherwise provided by law. This serves as a sufficient legal basis for any citizen to request and receive from the authorities the data they have on the state of the environment, since this information most directly affects one of the constitutional human rights - the right to a healthy environment. The exception is information that constitutes a state secret. However, the very practice of mass classification of materials on the state of the environment must be recognized as a violation of constitutional human rights and the principles of environmental law.

In addition to receiving information, citizens also have the right to participate in decision-making regarding their rights to a healthy environment. Legal options Such participation is quite diverse - these are elections to state and municipal bodies, initiation of a referendum and participation in it, gatherings and meetings of citizens, the right to appeal to authorities with complaints, comments and suggestions, conducting a public environmental assessment, etc.

Responsibility for violation of environmental legislation. In accordance with the general legal principle of the inevitability of legal liability, legal sanction(coercive measure) must be applied in all cases where it is established as a mandatory consequence of an offense. Environmental law is no exception. At the same time, liability for environmental violations is provided not only by environmental legislation: it is also regulated by civil, administrative and criminal law. Each type of legal liability has its own goals, its own scope, its own offenses, its own grounds for application and types of sanctions imposed.

Organization and development of the environmental education system, education and formation of environmental culture. Environmental education is an activity aimed at developing knowledge, skills and value orientations in the field of environmental protection. This activity is carried out both through the existing system of educational institutions, in learning programs which include environmental disciplines, and in the form of educational events - seminars, open events, publications of environmental materials in the media, production and distribution of popular literature on ecology, promotion of environmental knowledge and values in works of art and many other ways. The result of effective environmental education and upbringing should be the formation of an environmental culture - a certain high level of knowledge and attitude towards the environment, meaningful experience of interaction with the environment, ensuring environmental well-being and sustainable development.

Essentially, this principle is not and cannot be of a legally imperative nature, but represents only a certain desire of the state, a certain program of action, a “declaration of intent.” It is disclosed in more detail in Chapter XIII of the Federal Law “On Environmental Protection,” which is called “Fundamentals of the Formation of an Environmental Culture.”

Participation of citizens, public and other non-profit associations in solving environmental problems. In fact, this is already the third principle, which enshrines the same thing - the possibility of citizens’ participation in environmental protection activities (previously this was formulated as “the mandatory participation in environmental protection activities of state authorities of the constituent entities of the Russian Federation, local governments, public and other non-profit organizations , legal entities and individuals,” as well as “the participation of citizens in decision-making regarding their rights to a favorable environment.”

As for public and other non-profit associations, Article 12 of the Federal Law “On Environmental Protection” is devoted to their activities in environmental protection. Among the most important forms of such activities are the development, promotion and implementation of environmental programs, organizing the protection of citizens' rights, involving citizens in environmental activities, organizing meetings, rallies, demonstrations, processions and other public events, organizing public environmental assessments, holding public hearings on environmentally significant issues. projects, etc.

International cooperation in the field of environmental protection. Such cooperation is carried out in the form of implementing joint projects aimed at protecting specific territories and other natural objects; in the form of financial support for certain environmental activities from abroad; in the form of joint environmental research and exchange of results of scientific research in the field of environmental protection methods, etc. The most important legal form international cooperation is the conclusion of bilateral and multilateral international treaties in the field of environmental protection, as well as Russia's participation in the activities of international environmental organizations. In Art. 82 of the Federal Law “On Environmental Protection” contains a rule based on Part 4 of Art. 15 of the Russian Constitution, which recognizes the priority of Russia’s international obligations over its internal regulations. According to Part 2 of Article 82 of the Federal Law “On Environmental Protection”, if an international treaty provides for something other than Russian environmental legislation, then the norms of the international treaty are applied. At the same time, part 1 of the same article of the Federal Law “On Environmental Protection” provides for two forms of action of international treaties in the field of environmental protection: if such an agreement does not require the adoption of special regulations, then its provisions are applied directly; otherwise, in addition to the agreement, it is issued a corresponding legal act that develops its provisions and is applied along with it.

There is a close relationship between overall economic growth and changes in the environment. In this regard, consideration of issues of social development without taking into account environmental factors and patterns governing the relationship between society and nature can lead to undesirable economic and social consequences.

State regulation of natural resource management and environmental protection is caused by unfavorable environmental situation throughout Russia. 33% of emissions come from enterprises metallurgical complex; 30% - for the energy sector, 7-8% - for the chemical and coal industries; in cities, more than 50% of emissions into the atmosphere come from transport (in some cities - about 70%). City wastewater treatment plants are operating unsatisfactorily; more than 25% of agricultural land is subject to erosion; 15% are swampy; more than 20% of agricultural products contain nitrates. During mining, the following is lost: 15% of coal, 30% of iron ore; oil recovery from reservoirs does not exceed 30%

Causes of environmental crises are: monopoly of the state and private ownership of natural resources; the dominance of the military-industrial complex; the predominance of consumer psychology of citizens and managers of enterprises and organizations; lack of economic, administrative and legal measures that would stimulate natural resource users and other economic entities to meet environmental requirements.

Basic principles in the field government regulation environment:

· priority of protecting human life and health;

· scientifically based combination of environmental and economic interests of society;

· rational use of natural resources;

· compliance with environmental legislation and liability for environmental violations;

· transparency in work and close communication in solving environmental problems.

The listed principles are determined by international and national legislation in the field of environmental protection, requirements for greening the economy and are aimed at developing an economic mechanism for ensuring environmentally sustainable development.

Strategic objectives and goals of the government in the field of environmental protection:

Preservation of natural resources and natural human habitat;

Maintaining a favorable safe environment to ensure the physical, social, psychological well-being of the population;
- ensuring rational environmental management;

Preservation of the genetic fund, species and landscape diversity of nature;

Maintaining the balance of the biosphere at the local, regional, global levels;

Prevention of environmentally harmful impacts of economic activities.

The essence of environmental protection is to find the optimal balance between the environmental interests of society and economic interests. These interests are contradictory. Three ways out of the created contradictions can be identified: ecological utopianism; economic extremism, i.e. when it is intended to develop the economy without regard to the environment; combination of economic and environmental needs, taking into account the priority of protecting human life and health.

Principles of environmental protection:

· compliance with all requirements of environmental legislation;

· rational use of natural resources, taking into account the laws of nature, the potential capabilities of the natural environment;

· priority of human life and health, ensuring environmental conditions for life, work, and recreation of the population;

· international cooperation in the field of ecology and environmental protection.

12.2. Main directions of environmental protection

Objects subject to protection: natural ecological systems and the ozone layer of the atmosphere; land, subsoil, surface and underground waters, atmospheric air, forests, flora and fauna; state nature reserves, national parks, natural monuments, rare species of animals, etc.

Currently, there are more than 100 nature reserves in Russia, covering an area of more than 25 million hectares. Economic and recreational activities, berry picking, extraction of natural resources, aircraft flights below 2 km, travel, passage are prohibited on the territory of the reserves. unauthorized persons outside special roads.

There are more than 1,500 state nature reserves in Russia, covering an area of about 60 million hectares. Reserves can be landscape, geological, biological, etc. You can partially pick berries, mushrooms, and hunt in them, if this does not interfere with the main purpose of this reserve. There are approximately 30 national natural parks in Russia, covering an area of more than 5 million hectares.

The main tasks of national parks are as follows: creating conditions for ecological tourism; preservation of natural historical and cultural monuments; organization of environmental education.

Competence of the government in the field of environmental protection:

Implements the state environmental policy;
- prepares an annual report on the state of environmental protection;

Coordinates the activities of ministries and departments;

Approves environmental standards for emissions of pollutants;

Decides to terminate the activities of enterprises regardless of their form of ownership;

Provides the population with the necessary environmental information;
- ensures the organization of environmental services.

The most important federal laws in this area are: Law “On Environmental Protection”; Law "On Subsoil"; Law "On Animal World"; Law "On Environmental Expertise"; Law "On Radiation Safety"; Law "On Specially Protected Natural Territories".

The main areas of environmental protection include:
- protection of atmospheric air - first of all, it is necessary to reduce the amount of emissions of harmful substances from stationary and mobile sources of pollution;

Protection of water resources - it is necessary to reduce the discharge of contaminated wastewater and the flow of pollutants to the maximum permissible values;

Protection of land, soils, subsoil - it is necessary to combat water and wind erosion, reduce the use of pesticides;

Protection of flora and fauna, i.e. organization of new reserves, wildlife sanctuaries, maintaining the Red Book;

Bringing specially protected natural areas up to international standards;

Solving interregional environmental problems in areas with an unfavorable environmental situation (Arctic, Black Sea, Kuzbass, Baikal.).

The economic mechanism for environmental protection includes: a mechanism for regulating economic relations; a system of measures for economic incentives for nature conservation and rational use of natural resources; administrative and criminal penalties.

The main elements of the economic mechanism for environmental protection:

· accounting and socio-economic assessment of natural resources;

· planning, development and financing of programs for environmental protection;

· licenses, limits, benefits for natural resource users;

· formation of a market for environmental services, represented by environmental information, a certification system, damage assessment and compensation services, environmental insurance, and maintenance of national parks.

Objectives of the economic mechanism for environmental protection:

· organizing financing of environmental activities;

· establishing limits on the use of natural resources, emissions of pollutants and waste disposal;

· establishing payment standards and amounts of payments for the use of resources;

· compensation for harm caused to the environment and human health;

· provision of various benefits, loans for the introduction of low-waste and non-waste, resource-saving technologies and production.

Environmental programs are financed through:

· budgets of all levels of management (federal budgets, budgets of constituent entities, funds of enterprises and organizations);

· funds from mandatory environmental funds at all levels;

· funds from environmental insurance funds;

· voluntary contributions;

· loans and other sources.

Environmental funds are created to solve urgent environmental problems and compensate for the damage caused. The main areas for spending these funds are:

For the reproduction of natural resources;

To introduce environmentally friendly technologies;

For the construction of treatment facilities;

For the development of environmental education;

For the implementation of programs for environmental protection;

To prevent and eliminate the consequences of accidents (environmental insurance funds are used);

Economic incentives for environmental protection.

Standards, regulations and rules also play an important role in environmental regulation. Environmental standards represent the utmost acceptable standards, compliance with which is mandatory.

In a number of countries, environmental quality standards are used to protect the environment, which are maximum levels of pollution and impacts that should not be exceeded in a given environment or its components, as well as product standards , setting limits for contaminants or adverse effects.

Environmental quality standards are based on three groups of indicators:

Medical, i.e. threshold levels of threat to human health;

Technological - the ability of the economy to ensure compliance with established human impact limits;

Scientific and technical, i.e. the ability of scientific and technical means to monitor compliance with exposure limits for all parameters.

Elements of the economic mechanism for environmental protection:

Accounting and socio-economic assessment of natural resources;

Planning, financing of programs for environmental protection;

Licenses, limits. payments, benefits and other regulatory mechanisms;

Market of environmental services (environmental information, environmental certification, services for assessment and compensation of environmental damage, environmental insurance, legal services, services in the field of specially protected natural areas and objects).

Knowledge control

3.1 Security questions

1.The economic role and functions of the state in a modern mixed economy.

2. Modern schools of economic thought on the role of the state

3. Models of government intervention in the economy.

4. Features of state regulation of the economy in Russia.

5. The system of state regulation of the economy, its participants, goals and principles.

6. Areas and boundaries of government intervention in the economy.

7. Basic methods and tools of GRE.

8. Objects and subjects of the State Expedition.

9. Forms of GRE.

10. Administrative and legislative regulation of the economy.

11. Interaction between government bodies at various levels.

12. Functions of federal, regional and local executive authorities.

13. Monopoly in economics: essence, characteristic features.

14. The role of the state in the formation of an effective market environment.

15. Antimonopoly legislation and antimonopoly policy of the state.

16. Demonopolization in Russia: main aspects and directions.

17. State support for small businesses.

18. State budget and public debt.

19. Internal and external public debt.

20. The problem of balancing the state budget.

21. Taxes as an economic base and an instrument of financial policy.

22.Fiscal policy of the state and its role in state regulation of economic processes.

23. The role of public procurement for the development of a market economy.

24. Methods of government procurement, conditions for their selection.

25. Russian legislative framework for competitive procurement of products for state needs.

26. Essence public investment, their structure and meaning.

27. Conditions for carrying out investment activities, forms and methods of its state regulation.

28. Guarantees of the rights of subjects of investment activities.

29. Features of the legal regulation of foreign investment.

30. Monetary policy as a component of GRE.

31. The mechanism of state regulation of monetary relations.

32. Types and significance of monetary regulation methods.

33. The need and ways to improve Russia’s monetary policy.

34. The essence, structure and importance of the public sector in the economy.

35. Economic efficiency of the public sector.

36. The place and role of state property in economic reform.

37. Denationalization of property: economic content and Thomas.

38. Privatization: concept, social essence, reasons for carrying out, legal basis.

39. Forms and methods of privatization of state and municipal enterprises.

40. The impact of privatization on economic efficiency.

41. Management of state property.

42. Essence and main directions social policy states.

42. Social insurance system: characteristics, structure, organizational, legal and financial foundations.

43. State regulation of employment.

44. State support for the education and health care systems.

45. The main goals and priorities of social reforms in Russia.

46. Essence, content, principles of foreign economic policy of the state.

47. Protection of national interests in the system of world economic relations.

48. The place of the region in the national economy.

49. Objective foundations and content of regional economic policy.

50. Economic contradictions and relationships between the center and the region.

52. System of state regulation of environmental management and environmental protection in Russia.

Article 3. Basic principles of environmental protection

1. The principles of environmental legislation enshrined in the commented article are its basic principles, guiding ideas and provisions that determine the general direction and specific content of legal regulation in this area. The principles extend their effect to a wider area of social life than legal norms. As a rule, one principle is reflected and embodied in a number of individual norms. In combination with the sphere of life, methods, sources and legal regimes, the principles inherent in a particular branch of law create a special regime of legal regulation, which is the most comprehensive characteristic of this industry. The principles of a branch of law most clearly express its specificity: it is enough to familiarize yourself with these principles in order, without knowing anything else about this branch, to form an adequate idea of its system, social purpose, goals and objectives, and means of solving them.

The principles of legislation serve as a guideline for lawmaking and law enforcement activities of state authorities and local governments. Compliance with the principles of legislation ensures the normal and uniform development and functioning of the entire Russian legal system as a whole. The Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation in their decisions often remind of the need to use the principles of law, since the latter can be a source of law when gaps are discovered in it.

The first point in the commented article is the principle of respecting the human right to a favorable environment. It is no accident that this principle is given first place in the law. In accordance with Art. 2 of the Constitution of the Russian Federation, “man, his rights and freedoms are the highest value.” Consequently, in the context of environmental legislation, the right to a favorable environment is of the highest value.

The Law (Article 1) defines a favorable environment as “an environment whose quality ensures the sustainable functioning of natural ecological systems, natural and natural-anthropogenic objects.” Thus, the right to a favorable environment has a fairly broad content: it is not limited to the human right to environmental well-being in the places where one’s daily life takes place. Everyone has the right to demand respect for ecological balance not only in the area of their immediate residence, but also in other, even remote, places on the planet. The right to a favorable environment as a subjective legal right is ensured by judicial protection. Violations of this principle may be appealed in court or administrative proceedings.

2. Providing favorable conditions for human life. This principle differs in content from the previous one. It involves creating for each person the most comfortable living environment, not only in an environmental sense, but also in all other respects. Compliance with this principle means that the performance of any action must be assessed in terms of how this action affects the livelihoods of other people. The behavior of a particular subject - an individual, a social group, a social organization, including the state - in one way or another affects others. From this point of view, socially unjustified are those acts that create an obstacle to the existence and activities of other social entities. Let us pay attention: in the legislative formulation we are talking specifically about the life activity of a person, and not society. Thus, the interests of the individual are taken as a criterion, which are always more concrete and tangible than the interests of society. In addition, we mean all living conditions, including social, economic, cultural, etc.

3. A scientifically based combination of environmental, economic and social interests of man, society and the state in order to ensure sustainable development and a favorable environment. Here, for the first time, the principle of sustainable development is enshrined at the legislative level. The idea of sustainable development is often given a purely ecological content, which is not entirely correct. In reality, sustainable development and a favorable environment are far from the same thing, which is reflected in the text of this principle. Sustainable development as a certain social ideal has a pronounced systemic, integrative character. The environmental component comes to the fore because it was in the concept of sustainable development that for the first time due attention was paid to the problem of human interaction with nature.

Sustainable development does not mean that it is now necessary to devote all efforts to protecting the environment, sacrificing all technical and economic achievements for this. On the contrary, we should look for ways to further develop society in which it would be possible to achieve equal success in all these areas, moreover, so that they support and mutually stimulate each other. Therefore, the law talks about the optimal combination of environmental, economic and social interests, as well as the interests of the individual, society and the state (in this case, human interests, as mentioned above, are primary). The difficulty of realizing this social ideal is obvious, as is the fact that this goal can only be achieved through scientific means.

4. Protection, reproduction and rational use of natural resources as necessary conditions for ensuring a favorable environment and environmental safety. Natural resources, according to Art. 1 of the commented law are such components of the natural environment, natural and natural-anthropogenic objects that are used or can be used in carrying out economic or other activities as sources of energy, production products and consumer goods and have consumer value. The concept of natural resources, therefore, contains an assessment of natural phenomena from the point of view of their exploitation by humans. The protection of natural resources is an activity to protect them from negative impacts, prevent such impacts and eliminate their consequences. Reproduction is an activity to replenish lost and spent resources. Rational use of natural resources is their consumption that does not exceed the limits of what is necessary, does not lead to irreversible depletion of resources, and leaves the opportunity for their restoration and increase.

5. Responsibility of state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation, local governments for ensuring a favorable environment and environmental safety in the relevant territories. Here we are talking not so much about legal responsibility for an offense, but about the social responsibility of authorities to society. There is a distribution of powers between different levels of government for environmental protection. Each of these levels is responsible for the proper implementation of its powers. Thus, responsibility is distributed according to the subjects of jurisdiction, as well as on a territorial scale (“in the relevant territories”): local authorities are responsible for the state of the environment in the territory of the municipality, regional authorities - at the level of the subject of the federation, federal authorities - throughout the territory of the municipality. countries. Thus, a triple system of environmental authorities must operate in any individual area of Russian territory. But this requires that all three levels of government exercise their powers in a mode of mutual support and cooperation. Instead, in practice, there is a high degree of conflict in their relations and a desire to shift the implementation of environmental functions to each other.

6. Payment for environmental use and compensation for environmental damage. Environmental management refers to any economic and other activities related to the use of natural resources or affecting the state of the environment. In the future, the law mainly talks about paying for negative impacts on the environment. Thus, negative impact on the environment is not completely prohibited, which would be unrealistic - it is allowed, but within strictly defined limits and on a reimbursable basis (for more details, see the commentary in Article 16). Payment of this fee does not exempt entities from carrying out environmental protection measures and from compensation for damage to the environment. Compensation for damage caused to the environment is regulated in Articles 77-78 of the commented law.

7. Independence of control in the field of environmental protection. Environmental control in legislation is understood as a system of measures aimed at preventing, identifying and suppressing violations of legislation in the field of environmental protection, ensuring compliance by economic and other entities with regulatory requirements in the field of environmental protection. Thus, control activities in their content are of a law enforcement nature; The emphasis is placed precisely on monitoring the implementation of legal acts. As for the principle of independence of control, we are talking, first of all, about the fact that the controlling entities must be independent from the controlled ones, not be subordinate to them and not be subject to pressure from them.

8. Presumption of environmental danger of planned economic and other activities. Presumption is a special technique of legal technique when something is considered legally recognized until the contrary is proven. In this case, it is meant that any economic activity should be considered as a potential threat to the environment until there is confidence to the contrary. But here, too, the scope of the principle is unjustifiably expanded due to the fact that the environmental danger of not only economic, but also “other” activities is declared. In fact, there are a huge number of activities that cannot initially cause damage to the environment (for example, conducting sociological surveys, giving lectures, writing literary works, etc.). Naturally, there can be no question of a presumption of environmental danger for such types of activities. Therefore, this principle requires a restrictive interpretation.

9. Mandatory environmental impact assessment (EIA) when making decisions on economic and other activities. EIA is an activity to identify, analyze and take into account the direct, indirect and other consequences of the environmental impact of a planned economic and other activity in order to make a decision on the possibility or impossibility of its implementation. However, a literal interpretation of this principle also leads to the conclusion that environmental impact assessment must precede the commencement of any human activity, which is neither practical nor feasible. We are talking here, apparently, only about activities that, at least theoretically, can have any impact on the environment.

10. Mandatory verification of projects and other documentation justifying economic and other activities that may have a negative impact on the environment, create a threat to the life, health and property of citizens, for compliance with the requirements of technical regulations in the field of environmental protection. In 2006, this principle replaced the principle of mandatory state environmental assessment of project documentation justifying economic and other activities. Since January 1, 2007, design documentation for capital construction projects has been the subject of a comprehensive state examination carried out in accordance with the legislation on urban planning activities. The commented article indicates cases of mandatory inspection of projects and other documentation - when the projected activity may have a negative impact on the environment, as well as cause harm to the life, health or property of citizens. At present, this principle cannot yet be implemented, because All technical regulations in the field of environmental protection have not yet been developed and adopted.

11. Taking into account the natural and socio-economic characteristics of territories when planning and implementing economic and other activities. The point is that each section of Russian territory is unique in its own way and in some way different from others. Differences may lie in the nature of the area, its level of population, climatic conditions, soil fertility, state of the environment, the presence of certain natural objects, the composition of flora and fauna, etc. Economic and other activities subject to environmental and legal assessment should not ignore the specifics of the territories in which it is planned to be carried out. Environmental legislation obliges, when organizing economic activity, to take into account not only its own interests, but also the interests of the natural and social environment where this activity is carried out.

12. Priority of conservation of natural ecological systems, natural landscapes and natural complexes. According to Article 1 of the law under comment, a 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 non-living elements interact as a single functional whole and are interconnected by metabolism and energy. A natural complex is a complex of functionally and naturally interconnected natural objects, united by geographical and other relevant characteristics. Natural landscape is a territory that has not been changed as a result of economic and other activities and is characterized by a combination of certain types of terrain, soils, and vegetation formed under the same climatic conditions.

As can be seen from the above legal definitions, the common distinctive features of natural ecological systems, natural landscapes and natural complexes are their natural character and consistency. They develop and function in nature objectively, regardless of human will, and at the same time they represent a special inextricable connection of natural phenomena, from which not a single component can be removed. Hence the special importance of caring for ecosystems, natural landscapes and complexes: sometimes one awkward intervention is enough to disrupt the complex interaction of elements and begin an irreversible process with the most severe environmental consequences. Therefore, the priority of preserving natural ecosystems, natural landscapes and natural complexes has been established by law, which means the need to maintain their functioning in a mode as close as possible to natural, and a ban on actions that could negatively affect their condition.

13. Admissibility of the impact of economic and other activities on the natural environment based on the requirements in the field of environmental protection. This is a general rule according to which any human activity that has an impact on the environment should be carried out. Such an impact is inevitable, because the social life of humanity is inseparable from the natural environment; in the same way, the influence of nature on the activities of society is inevitable. Society is not able to completely protect nature from its influence, but it can quite reasonably limit this influence, which is dictated at least by the interests of self-preservation - after all, the reverse reaction of nature will not be slow in waiting. Thus, impact on the environment is legally permitted, but only within certain limits established by regulations and other generally binding environmental requirements.

14. Ensuring the reduction of the negative impact of economic and other activities in accordance with standards in the field of environmental protection, which can be achieved through the use of the best existing technologies, taking into account economic and social factors. This principle requires not only compliance with existing standards in the field of environmental protection, but also something more - constantly striving to reduce the negative anthropogenic impact on the environment. In other words, if there is an opportunity to improve a particular activity in the direction of reducing its impact on the environment, this opportunity should be taken.

Under "best available technology" in Art. 1 refers to technology based on the latest achievements of science and technology, aimed at reducing the impact on the environment and having a set period of practical application, taking into account economic and social factors. The reference to socio-economic factors means that the best existing technology must be optimal not only from an environmental point of view, but also in the sense of its economic feasibility and practical feasibility, otherwise such a technology simply cannot be introduced and will not demonstrate its useful qualities.

15. Mandatory participation in environmental protection activities of state authorities of the Russian Federation, constituent entities of the Russian Federation, local governments, public and other non-profit organizations, legal entities and individuals. The legislative formulation of this principle is extremely unfortunate. Firstly, all possible subjects of legal relations are listed, which raises the question: in whose environmental protection activities should they participate? Apparently, in each other's activities. Secondly, for whom is this participation obligatory? As far as is known, there are no legal mechanisms for the forced involvement of individuals or public organizations in environmental activities.

16. Conservation of biological diversity. We must not forget that life on Earth is represented by an almost infinite variety of forms and media. The greatest mistake of man is to attribute independent value only to himself, of all these carriers. Any biological species has the same unconditional significance for nature as humanity. However, it is man who bears increased responsibility for the fate of all other biological species, since not a single living creature is capable of such a destructive effect on nature as man. Not a single living creature can independently protect itself from this influence. Therefore, it is necessary to protect other biological species from degradation and extinction, create decent living conditions for them, and take measures to support rare and endangered species.

17. Ensuring an integrated and individual approach to establishing requirements in the field of environmental protection for economic and other entities carrying out such activities or planning to carry out such activities. This principle reflects a certain variability of environmental and legal regulation. Of course, there must be strict and uniform rules for environmental management and conservation for everyone, but a differentiated approach to individual situations is also necessary. In each specific case, when environmental and legal qualification is necessary, it is necessary not only to comply with general requirements in the field of environmental protection, but also to take into account the features characteristic of a specific territory, specific natural objects, specific types of activities, economic entities, etc. There cannot be absolute unification in legal assessment - it depends on the individual combination of environmentally and legally significant factors. But in any case, the differentiated approach must correspond to the integrated one, developing and specifying it, but not replacing it.

18. Prohibition of economic and other activities, the consequences of which are unpredictable for the environment, as well as the implementation of projects that may lead to the degradation of natural ecological systems, changes and (or) destruction of the genetic fund of plants, animals and other organisms, depletion of natural resources and other negative environmental changes. This provision formulates a general rule about which specific actions in relation to the environment are legally unacceptable. Unfortunately, this time too, flaws in legislative technology make it difficult for the legal principle to operate effectively. First of all, any activity whose results are unpredictable for the environment is prohibited. But unpredictability is largely a subjective concept: as we know, there cannot be an absolutely accurate forecast, much less it is impossible to assess its reliability before the predicted event occurs.

On the other hand, there is no activity for which a forecast would be completely impossible. Therefore, everything is to some extent predictable and to some extent unpredictable. Several types of consequences are more or less clearly identified, the possibility of which the legislator considers to be grounds for prohibiting the relevant activity. This is a gross violation of the systematicity and integrity of the functioning of natural objects, a significant deterioration in their condition, a serious quantitative decrease. However, “other negative environmental changes” are also added to this. It turns out that any negative impact on the environment is completely prohibited. This ban is not only unenforceable, but also contradicts other principles of environmental law, in particular, the principle of paid environmental management (negative impact on the environment is prohibited, and at the same time, in accordance with Article 16 of the law under comment, it is paid).

19. Respect for the right of citizens to receive reliable information about the state of the environment, as well as the participation of citizens in making decisions regarding their rights to a favorable environment, in accordance with the law. The right to reliable information about the environment is specifically enshrined in Article 42 of the Constitution of the Russian Federation. In addition, in accordance with Part 2 of Article 24 of the Russian Constitution, state and local government bodies and their officials are obliged to provide everyone with the opportunity to familiarize themselves with documents and materials that directly affect their rights and freedoms, unless otherwise provided by law. This serves as a sufficient legal basis for any citizen to request and receive from the authorities the data they have on the state of the environment, since this information most directly affects one of the constitutional human rights - the right to a healthy environment. The exception is information that constitutes a state secret. However, the very practice of mass classification of materials on the state of the environment must be recognized as a violation of constitutional human rights and the principles of environmental law.

In addition to receiving information, citizens also have the right to participate in decision-making regarding their rights to a healthy environment. The legal possibilities for such participation are quite diverse - these are elections to state and municipal bodies, initiation of a referendum and participation in it, gatherings and meetings of citizens, the right to appeal to authorities with complaints, comments and suggestions, conducting a public environmental assessment, etc.

20. Responsibility for violation of environmental legislation. In accordance with the general legal principle of the inevitability of legal liability, a legal sanction (coercive measure) must be applied in all cases where it is established as a mandatory consequence of an offense. Environmental law is no exception. At the same time, liability for environmental violations is provided not only by environmental legislation: it is also regulated by civil, administrative and criminal law. Each type of legal liability has its own goals, its own scope, its own offenses, its own grounds for application and types of sanctions imposed.

21. Organization and development of the environmental education system, education and formation of environmental culture. Environmental education is an activity aimed at developing knowledge, skills and value orientations in the field of environmental protection among the population. This activity is carried out both through the existing system of educational institutions, whose curricula include environmental disciplines, and in the form of educational events - seminars, open events, publications of environmental materials in the media, publication and distribution of popular literature on ecology, promotion of environmental knowledge and values in works of art and in many other ways. The result of effective environmental education and upbringing should be the formation of an environmental culture - a certain high level of knowledge and attitude towards the environment, meaningful experience of interaction with the environment, ensuring environmental well-being and sustainable development.

Essentially, this principle is not and cannot be of a legally imperative nature, but represents only a certain desire of the state, a certain program of action, a “declaration of intent.” It is disclosed in more detail in Chapter XIII of the law being commented on, called “Fundamentals of the Formation of Ecological Culture”.

22. Participation of citizens, public and other non-profit associations in solving environmental problems. In fact, this is already the third principle, which enshrines the same thing - the possibility of citizens’ participation in environmental protection activities (previously this was formulated as “the mandatory participation in environmental protection activities of state authorities of the constituent entities of the Russian Federation, local governments, public and other non-profit organizations , legal entities and individuals,” as well as “the participation of citizens in decision-making regarding their rights to a favorable environment.” Essentially, there is unnecessary duplication of legal information, especially since the corresponding rights of citizens are subsequently regulated in more detail in Article 11 of this law .

As for public and other non-profit associations, Article 12 is devoted to their environmental protection activities. Among the most important forms of such activities are the development, promotion and implementation of environmental programs, organizing the protection of citizens’ rights, involving citizens in environmental activities, organizing meetings, rallies, demonstrations, processions and other public events, organizing public environmental assessments, holding public hearings on environmentally significant projects, etc.

23. International cooperation in the field of environmental protection. Such cooperation is carried out in the form of implementing joint projects aimed at protecting specific territories and other natural objects; in the form of financial support for certain environmental activities from abroad; in the form of joint environmental research and exchange of results of scientific research in the field of environmental protection methods, etc. The most important legal form of international cooperation is the conclusion of bilateral and multilateral international treaties in the field of environmental protection, as well as Russia’s participation in the activities of international environmental organizations. In Art. 82 of the commented law contains a rule based on Part 4 of Art. 15 of the Russian Constitution, which recognizes the priority of Russia’s international obligations over its internal regulations. According to Part 2 of Article 82 of the law under comment, if an international treaty provides for something other than Russian environmental legislation, then the norms of the international treaty apply. At the same time, Part 1 of the same article provides for two forms of action of international treaties in the field of environmental protection: if such a treaty does not require the adoption of special regulations, then its provisions are applied directly; otherwise, in addition to the treaty, a corresponding legal act is issued that develops it provisions and is applied along with it.

Introduction

1. The semantic meaning of the concepts: “nature protection”, “environmental protection”, “nature management”, “ecological safety”

2. Ecological crisis- a real threat to humanity

3. Environmental activities in Russia

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

Conclusion

Literature

Introduction

Intensive exploitation of natural resources has led to the need for a new type of environmental protection activity - the rational use of natural resources, in which protection requirements are included in the very process of economic activity using natural resources.

This work will cover such concepts as: “nature protection”, “environmental protection”, “ecological safety”; the causes of the environmental crisis are analyzed and ways to solve it are considered; such an issue as the Main Law on Nature Protection in Russia, as well as the principles of international cooperation in the field of environmental protection will be directly covered.

principle protection nature ecology safety

1. The semantic meaning of the concepts: “nature conservation”, “environmental protection”, “nature management”, “ecological safety”

Protection of Nature– a set of state and general educational measures aimed at preserving the atmosphere, flora and fauna, soils, waters and subsoil.

In the 50s XX century Another form of protection arises - protection of the human environment. This concept is close in meaning to nature conservation, The focus is on man, the preservation and formation of such natural conditions that are most favorable for his life, health and well-being.

Environmental protection represents a system of state and public measures (technological, economic, administrative, legal, educational, international) aimed at the harmonious interaction of society and nature, the preservation and reproduction of existing ecological communities and natural resources for the sake of living and future generations. The new environmental Federal Law (2002) uses the term “environmental protection”, while the “natural environment” is understood as the most important component of the environment. IN last years the term is also often used “protection of the natural environment”, which is close to another concept - "biosphere protection" those. a system of measures aimed at eliminating the negative anthropogenic or natural influence on the interconnected blocks of the biosphere, maintaining its evolutionarily developed organization and ensuring normal functioning.

Environmental protection is closely related to environmental management - social and production activities aimed at meeting the material and cultural needs of society through the use of various types of natural resources and natural conditions. According to N.F. Reimers (1992), it includes:

a) protection, renewal and reproduction of natural resources, their extraction and processing;

b) use and protection of natural conditions of the human living environment;

c) preservation, restoration and rational change of the ecological balance of natural systems;

d) regulation of human reproduction and the number of people.

Nature management can be rational and irrational. Rational environmental management means an integrated, scientifically sound, environmentally safe and sustainable use of natural resources, with the maximum possible preservation of the natural resource potential and the ability of ecosystems to self-regulate. Irrational environmental management does not ensure the preservation of natural resource potential, leads to a deterioration in the quality of the natural environment, and is accompanied by a violation of ecological balance and destruction of ecosystems.

On modern stage development of the problem of environmental protection, a new concept of “ecological safety” is born, which is understood as the state of protection of the natural environment and vital environmental interests of humans from the possible negative impact of economic and other activities, emergency situations, and their consequences.

The scientific basis for all measures to ensure the environmental safety of the population and rational environmental management is theoretical ecology, the most important principles of which are focused on maintaining the homeostasis of ecosystems and preserving animal potential.

Ecosystems have the following maximum boundaries such existence(existence, functioning), which must be taken into account during anthropogenic impact (Saiko, 1985):

Limit anthropotolerance- resistance to negative anthropogenic impacts, for example, the harmful effects of pesticides;

Limit stochetolerance- resistance to natural disasters, for example, the impact of hurricane winds on forest ecosystems;

Limit homeostasis- ability to self-regulate;

Limit potential regenerativeness, those. self-healing abilities.

Environmentally sound rational management of natural resources should consist of increasing these limits to the maximum possible extent in order to achieve environmentally balanced environmental management. Irrational use of natural resources ultimately leads to an environmental crisis.

2. The environmental crisis is a real threat to humanity

An ecological crisis is a stage of interaction between society and nature, at which the contradictions between the economy and ecology are aggravated to the limit, and the possibility of maintaining potential homeostasis, i.e. the ability of ecosystems to self-regulate under conditions of anthropogenic influence is seriously undermined.

A group of American scientists - D.H. Meadows, D.L. Meadows, I. Renders, V. Behrens, as well as representatives of the Club of Rome, using methods of system analysis, with the help of a computer, developed a model of the future development of the biosphere as a world system according to five main parameters: population, food production, industrial production, environmental pollution, non-renewable natural resources. The authors of the model came to the conclusion that if the growth rate of population, economy, and the rate of depletion of natural resources increases on the same scale, then by 2020-2040. humanity will be on the verge of destruction as a result of the destruction of the natural environment. In other words, the degradation of the biosphere now poses a direct threat to our civilization, since the limits of possible loads have already been reached.

Modern environmental science has proven that biota itself is capable of regulating and stabilizing the environment. Reacting to external disturbances with strong feedbacks (which is similar to the action of the La Chatelier-Brown principle in thermodynamics), the biota returns the natural environment to its previous state. However, such a reaction of the biota is possible only to a certain limit.

If the economic or carrying capacity of the biosphere is exceeded, the biota, as stated by V.I. Danilov-Danilyan and K.S. Losev (2000), itself becomes a “source of pollution.” The remaining natural part continues to compensate for the disturbance, but such compensation is no longer sufficient to return the previous state of the natural environment.

It must be taken into account that environmental degradation and its consequences are only one side of the manifestation of the environmental crisis, the other side (social) is crisis of state public structures, unable to ensure the environmental safety of society (Petrov, 1995).

Finding a way out of the global environmental crisis is the most important scientific and practical problem of our time. The task is to develop a set of reliable anti-crisis measures that will make it possible to actively counteract further degradation of the natural environment and achieve sustainable development. Attempts to solve this problem by any means alone, for example, technological ones (sewage treatment plants, low-waste technologies, etc.), will not lead to the necessary results. Overcoming the environmental crisis is possible only under the condition of the harmonious development of nature and man and the removal of antagonism between them. This is achievable only on the basis of the implementation of the “trinity of natural nature, society and humanized nature” (Zhdanov, 1995), on the paths of sustainable development, integrated approach to solving environmental problems. The general principle of environmental protection (Reimers, 1994): the global initial natural resource potential in the course of historical development is continuously depleted, and, as a consequence, another principle: “ecologically-economical”. This requires humanity to make fuller use of natural resource potential, and efforts to implement it must be comparable with the economic results of environmental management. Another important environmental rule: all components of the biosphere- atmospheric air, water, soil, etc.- they must be protected not individually, but as a whole, as unified natural systems of the biosphere. Only with such an ecological approach is it possible to ensure the preservation of landscapes, mineral resources, animals, plants, etc.

According to the Federal Law “On Environmental Protection” (2002), the main principles of environmental protection are the following:

Respect for human rights to a healthy environment;

Rational and sustainable use of natural resources;

Conservation of biological diversity;

Payment for environmental use and compensation for environmental damage;

Mandatory state environmental impact assessment;

Priority to the conservation of natural ecosystems, natural landscapes and complexes;

Respect for everyone’s right to reliable information about the state of the environment, etc.

The most important environmental principle reflected in the Federal Law is scientifically based combination of environmental, economic and social interests,- meets the spirit of the UN International Conference in Rio de Janeiro (1992), where a course was taken to preserve the natural environment environment "alongside, together" with economic growth.

An analysis of the environmental and socio-economic situation in Russia allows us to identify five main directions for Russia to overcome the environmental crisis (Fig. 1). This requires an integrated approach: simultaneous use of all areas:

First direction - greening technology: creation of environmentally friendly technology, introduction of waste-free, low-waste industries, etc.

Second direction - development and improvement of the economic mechanism environmental protection;

Third direction - administrative and legal: application of administrative and legal liability measures for environmental violations;

Fourth direction - evil-educational: harmonization of environmental thinking, rejection of consumerism towards nature;

Fifth direction - international legal: harmonization of environmental international relations. Certain steps to overcome the environmental crisis in all of the above five areas are already being taken in Russia. However, we all have to go through the most difficult and responsible sections of the path ahead.

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Environmental protection is understood as a set of international, state and regional legal acts, instructions and standards that bring general legal requirements to each specific polluter and ensure its interest in fulfilling these requirements, specific environmental measures to implement these requirements.

Only if all these components correspond to each other in content and pace of development, that is, they add up to unified system environmental protection, you can count on success.

Since the task of protecting nature from the negative impact of humans was not solved in time, now the task of protecting humans from the influence of a changed natural environment increasingly arises. Both of these concepts are integrated under the term “environmental protection”.

Environmental protection consists of:

− legal protection, formulating scientific environmental principles in the form of legally binding laws;

− material incentives for environmental activities, seeking to make them economically beneficial for enterprises;

− engineering protection, developing environmental and resource-saving technology and equipment.

In accordance with the Law of the Russian Federation “On Environmental Protection”, the following objects are subject to protection:

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

− land, subsoil, soil;

− surface and underground waters;

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

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

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

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

Basic principles of environmental protection.

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

− respect for the human right to a favorable environment;

− ensuring favorable conditions for human life;
scientifically based combination of environmental, economic and social interests of man, society and the state in order to ensure sustainable development and a favorable environment;

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

− responsibility of state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation, local governments for ensuring a favorable environment and environmental safety in the relevant territories;

− payment for environmental use and compensation for environmental damage;

− independence of control in the field of environmental protection;

− presumption of environmental danger of planned economic and other activities;

− mandatory environmental impact assessment when making decisions on economic and other activities;

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

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

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

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

− ensuring a reduction in the negative impact of economic and other activities on the environment in accordance with standards in the field of environmental protection, which can be achieved through the use of the best existing technologies, taking into account economic and social factors;

− mandatory participation in environmental protection activities of government bodies of the Russian Federation, government bodies of constituent entities of the Russian Federation, local government bodies, public and other non-profit associations, legal entities and individuals;

− conservation of biological diversity;

− ensuring an integrated and individual approach to establishing requirements in the field of environmental protection for economic and other entities carrying out such activities or planning to carry out such activities;

− prohibition of economic and other activities, the consequences of which are unpredictable for the environment, as well as the implementation of projects that may lead to the degradation of natural ecological systems, changes and (or) destruction of the genetic fund of plants, animals and other organisms, depletion of natural resources and other negative environmental changes;

− respect for everyone’s right to receive reliable information about the state of the environment, as well as the participation of citizens in decision-making regarding their rights to a favorable environment, in accordance with the law;

− liability for violation of legislation in the field of environmental protection;

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

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

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

Rational environmental management.

Section 2. Development of ideas about the structure of the natural environment

SUBJECT:Natural types ecosystems:

ecological niches, biogeocenoses, landscape zones, continental and oceanic regions and the Earth's biosphere.

The concept of the biosphere by V.I. Vernadsky, its functioning and development.

Global evolution of the biosphere and the influence of human ecosystems

on natural processes.

Natural types of ecosystems: ecological niches, biogeocenoses, landscape zones, continental and oceanic regions and the Earth's biosphere.

Man, in the competitive struggle for survival in the natural environment, began to build his artificial anthropogenic ecosystems. About 10 thousand years ago, he ceased to be an “ordinary consumer” collecting the gifts of nature and began to receive these “gifts” himself, through his work, creating Agriculture- crop production and livestock production (the first anthropogenic human ecosystems). Having mastered the agricultural model, man historically approached the industrial revolution, which began only 200 years ago, and up to the modern complex interaction with the environment according to the artificial model (Fig. 10.1). At the present stage, in order to satisfy his ever-increasing needs, he is forced to change natural ecosystems and even destroy them, perhaps without wanting to do so.

The term “Ecosystem” (from the Greek oikos - dwelling, habitat, association) is a set of co-living organisms and the conditions of their existence that are in a natural relationship with each other and form a system of interdependent biotic and abiotic phenomena and processes.

The term “ecosystem” was proposed by the English botanist A.D. Tansley (1871-1955). He believed that ecosystems, “from the point of view of an ecologist, are the basic natural units on the surface of the Earth,” which include “not only a complex of organisms, but also the entire complex of physical factors that form habitat factors in the broadest sense.”

Energy is the original driving force ecosystems, including all of them - both natural and anthropogenic. The energy resources of all systems can be inexhaustible - sun, wind, tides and exhaustible - fuel and energy (coal, oil, gas). By using fuel, a person must add energy to the system or even completely subsidize it with energy.

Based on energy features existing systems, we can classify them using energy as a basis, and identified four fundamental types of ecosystems:

1. Natural: driven by the Sun, unsubsidized (oceans, high mountain forests, which are the basis of life support on planet Earth).

2. Natural, driven by the Sun, subsidized by others natural sources(river ecosystems, rain forests, i.e. those that are subsidized by the energy of tidal waves, currents and wind).

3. Driven by the Sun and subsidized by man;

4. Industrial-urban, driven by fuels (fossil, organic and nuclear).

This classification is fundamentally different from the biome, based on the structure of ecosystems, since it is based on the properties of the environment. However, it complements her well. The first two types are natural ecosystems, and the third and fourth should be classified as anthropogenic.

Ecosystems of the first type occupy enormous areas - the oceans alone are 70% of the globe. They are driven only by the energy of the Sun itself, and they are the basis that stabilizes and maintains life-supporting conditions on the planet.

Ecosystems of the second type have high natural fertility. These systems “produce” so much primary biomass that it is enough not only for their own maintenance, but part of this production can be transferred to other systems or accumulated.

Thus, natural ecosystems“work” to maintain their livelihoods and their own development without any worries or expenses on the part of humans; moreover, they create a noticeable share of food products and other materials necessary for the life of the person himself. But the main thing is that it is here that large volumes of air are purified, fresh water is returned to circulation, the climate is formed, etc.

Anthropogenic ecosystems work completely differently. These include the third type - agroecosystems, aquacultures that produce food and fibrous materials, but not only due to solar energy, but also its subsidies in the form of fuel supplied by humans.

These systems are similar to natural ones, since self-development cultivated plants during the growing season - this is a natural process and is brought to life by natural solar energy. But soil preparation, sowing, harvesting, etc. are already human energy costs. Moreover, humans almost completely change the natural ecosystem, which is expressed, first of all, in its simplification, i.e. decrease species diversity up to a highly simplified monoculture system (Table 1).

Table 1

Comparison of natural and simplified anthropogenic ecosystems (after Miller, 1993)


Natural ecosystem (swamp, meadow, forest)	Anthropogenic ecosystem (field, factory, house)
Receives, converts, accumulates solar energy.	Consumes energy from fossil and nuclear fuels.
Produces oxygen and consumes carbon dioxide.	Consumes oxygen and produces carbon dioxide when fossil fuels are burned.
Forms fertile soil.	Depletes or poses a threat to fertile soils.
Accumulates, purifies and gradually consumes water.	It wastes a lot of water and pollutes it.
Creates habitats for various types of wildlife.	Destroys the habitats of many species of wildlife.
Freely filters and disinfects pollutants and waste.	Produces pollutants and waste that must be decontaminated at the expense of the public.
Has the ability of self-preservation and self-healing.	Requires large expenses for constant maintenance and restoration.

Modern agriculture makes it possible to continuously maintain ecosystems year after year. early stages successions, achieving maximum primary productivity of one or more plants. Peasants manage to achieve high yields, but at a high price, and this price is determined by the costs of weed control, mineral fertilizers, soil formation, etc.

The steady emergence of new species, such as herbaceous plants, is the result of a natural succession process.

Livestock farming is also a way to simplify the ecosystem; While protecting farm animals that are useful to him, man destroys wild animals: herbivores as competitors in food resources, predators as those who destroy livestock.

Catching valuable fish species simplifies the ecosystems of water bodies. Air and water pollution also leads to the death of trees and fish and “robs” natural ecosystems.

As the population grows, people will be forced to transform more and more mature ecosystems into simple young productive ones. To maintain these systems at a “young” age, the use of fuel and energy resources increases. In addition, there will be a loss of species (genetic) diversity and natural landscapes (Table 1).

A young, productive ecosystem is very vulnerable due to its monotypic species composition, since as a result of some kind of environmental disaster (drought), it can no longer be restored due to the destruction of the genotype. But they are necessary for the life of humanity, so our task is to maintain a balance between simplified anthropogenic ones and the neighboring more complex ones, with a rich gene pool, natural ecosystems on which they depend.

Energy costs in agriculture are high - natural plus subsidized by humans and, nevertheless, the most productive agriculture is approximately at the level of productive natural ecosystems.

The productivity of both is based on photosynthesis; the real difference between systems is only in the distribution of energy: in the anthropogenic system it is absorbed by only a few (one or two) species, and in the natural system it is absorbed by many species and substances.

In ecosystems of the fourth type, which include industrial-urban systems, fuel energy completely replaces solar energy. Compared to the energy flow in natural ecosystems- here its consumption is two to three orders of magnitude higher.

Ecological niches.

Ecological niche- the place occupied by a species in a biocenosis, including a complex of its biocenotic connections and requirements for environmental factors. The term was introduced in 1914 by J. Grinnell and in 1927 by Charles Elton.

Currently, Grinnell’s definition is usually called a spatial niche (the meaning of the term is closer to the concept habitat), and Elton’s definition is called a trophic niche (an ecological niche is the sum of factors for the existence of a given species, the main one of which is its place in the food chain).

According to Hutchinson, an ecological niche can be:

· fundamental - determined by the combination of conditions and resources that allow the species to maintain a viable population;

· realized - the properties of which are determined by competing species.

Model assumptions:

1. The response to one factor does not depend on the influence of another factor;

2. Independence of factors from each other;

3. The space inside the niche is homogeneous with the same degree of favorability.

This difference emphasizes that interspecific competition leads to a decrease in fertility and viability and that there may be a part of the fundamental ecological niche in which a species, as a result of interspecific competition, is no longer able to live and reproduce successfully. This part of the species' fundamental niche is missing from its realized niche. Thus, the realized niche is always part of the fundamental one or equal to it.

An ecological niche cannot be empty. If a niche becomes empty as a result of the extinction of a species, it is immediately filled by another species.

Biocenosis.

Biocenosis is a historically established collection of animals, plants, fungi and microorganisms that inhabit a relatively homogeneous living space (a certain area of land or water area), and are connected with each other and their environment.

Biocenoses arose on the basis of the biogenic cycle and ensure it in specific natural conditions. Biocenosis is a dynamic system capable of self-regulation, the components of which (producers, consumers, decomposers) are interconnected. One of the main objects of ecology research. The most important quantitative indicators of biocenoses are biodiversity (the total number of species in it) and biomass (the total mass of all types of living organisms in a given biocenosis).

Term (German) Bioconose) was introduced by Karl Möbius in the 1877 book “Die Auster und die Austernwirthschaft” to describe all the organisms that inhabit a certain territory (biotope) and their relationships. Determined by species diversity. The species structure gives an idea of the qualitative composition of the biocenosis. When two species exist together in a homogeneous environment under constant conditions, one of them is completely replaced by the other. Competitive relationships arise. Based on such observations, the principle of competitive exclusion, or Gause's principle, was formulated.

Landscape areas.

Landscape simply means “territory” or in Russian “tract”. But in geography, by the name of geographical landscape we understand the basic unit of our science, the direct object of its study, a geographical individual or individual.

Previously, we used this term in geography to describe landforms, understanding by landscape also homogeneous forms that are striking by their joint appearance, forming naturally repeating groupings of relief forms. They talked about the dune landscape, moraine, valley, lake, volcanic, landscape of hilly sands, mountain landscape, etc.

We interpret the concept of landscape broadly, in a broader scope. These are naturally repeating groupings of not only relief forms, but also other objects and phenomena on the surface of the Earth. But it should be borne in mind that a geographical landscape is such a set, or grouping, of objects and phenomena in which the features of relief, climate, water, soil and plant cover and fauna, as well as, to a certain extent, human activity merge into a single harmonic whole, typically repeating throughout a given zone of the Earth.
The landscape is, as it were, a community of a higher order, connecting and uniting, on the one hand, communities of organisms (biocenoses), i.e. plants (phytocenoses), animals (zoocenoses) and, to a certain extent, humans, and on the other - complexes of inorganic phenomena: landforms, water accumulations, climatic factors; Landscape elements also include bodies such as soils, which are a derivative of both the organic world and the inorganic parts of the earth’s crust.
In every landscape we see the complete adaptation of all its elements to each other. So, in the desert there is a lack of moisture and summer heat entail strong evaporation, the predominance of mechanical weathering of rocks, the originality of relief forms, the openness of the vegetation cover, the weak manifestation of soil-forming processes, plants and animals have a number of original adaptations to endure dryness and heat, the impossibility of farming without artificial irrigation, etc. And speaking figuratively, we can say that each landscape is like a kind of organism, where the parts determine the whole, and the whole influences all the parts. If we change one part of the landscape, the entire landscape will change. Thus, plowing the steppes not only disturbs the soil cover and destroys natural steppe vegetation, but also affects the regime groundwater, on the distribution of snow cover, on the microclimate, on the nature of erosion and, at the same time, on the relief.
It follows that knowledge of landscapes is of primary importance for agriculture.

The task of the geographer is to understand the mechanism of that complex complex that we call landscape. Special sciences study only individual links of this complex tangle of relationships, individual bricks of this building, while geography must understand and explain the structure and mechanism of the landscape.

Examples of geographical landscapes can be: spruce forests of the lowland forest zone, pine forests of the same zone, swamps of the same zone; Valdai Upland; ravine landscape of forest-steppe; sands of the desert zone, river valleys of the desert zone, loess areas of the desert zone: Central Siberian Plateau; steppe zone of the Tien Shan, forest-steppe zone of the Central Tien Shan, snow zone of the Tien Shan; kelp thickets (underwater landscape). Landscapes can be grouped into landscape zones 5, which generally have an approximately latitudinal extent, which is related to the same extent of climatic and soil zones.

Examples of landscape zones include zones of tundra, forests, steppes, deserts, mountains of the forest zone, mountains of the desert zone and others.
The geographic landscape, in turn, breaks up into groups of a smaller nature, which can be considered geographical individuals. On the other hand, geographical landscapes form, as we said, groupings of a wider scope, which we call landscape zones. Yes, deserts temperate climate there is a landscape zone, the forests in these deserts are a geographical landscape of the 1st order, and the hilly sands are a geographical landscape of the 2nd order, or a geographical individual, an individual.

Basic principles for solving environmental problems. Basic principles of environmental protection

System and principles security surrounding environment- environmental law

Basic principles security surrounding environment and rational environmental management

Security surrounding environment (5)

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