ARTICLE 4. Objects of environmental protection 1. Objects of environmental protection from pollution, depletion, degradation, damage, destruction and other negative impact economic and other activities are: lands, subsoil, soils; surface and underground waters; forests and

Chapter II. FUNDAMENTALS OF MANAGEMENT IN THE FIELD OF ENVIRONMENTAL PROTECTION ARTICLE 5. Powers of authorities state power of the Russian Federation in the field of relations related to environmental protection To the powers of government bodies of the Russian Federation in the field

Chapter V. STANDARDS IN THE FIELD OF ENVIRONMENTAL PROTECTION ARTICLE 20. Requirements for the development of standards in the field of environmental protection Development of standards in the field of environmental protection includes: carrying out research work to justify

ARTICLE 28. Other standards in the field of environmental protection For the purposes of government regulation impact of economic and other activities on the environment, assessment of environmental quality in accordance with this Federal law, other federal

Chapter IX OFFENSE IN THE FIELD OF ENVIRONMENTAL PROTECTION Article 109. Violation of the water protection regime (1) Violation of the water protection regime, resulting in water pollution, soil erosion and other harmful phenomena, entails a fine. individuals in the amount of 20 to 40 conventional

131. What are the main instruments for environmental protection in the EU? The most important component of the environmental protection mechanism is environmental standardization (environmental regulation). The introduction of common environmental standards for Member States is the oldest and

Topic III. Principles and objects of environmental protection Basic provisions. - The principle of sustainable development. - Legal support of environmental relations. - International cooperation in environmental protection. - Environmental protection objects

§ 2. The right of citizens to associate to protect the environment (creation of environmental associations; state and associations of citizens; registration public associations; rights and obligations of environmental associations) Protection of environmental rights of citizens, its

Chapter V Public administration in the field of environmental protection The fundamentals of management in the field of environmental protection are devoted to the chapter of the same name. II Federal Law “On Environmental Protection”. The legislator allocates powers: for government bodies

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Mechanism for environmental protection The problem of international environmental safety is very relevant. Over the past 50 years, the planet has lost half of its forest area, hundreds of species of large mammals and birds have disappeared without a trace. One third of the earth's land area

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

* Northwestern Russian Federation. 1995. No. 10. Art. 283.
Water – all the water found in water bodies. Water can be surface or underground; A water body is a concentration of water on the surface of the land in its relief forms or in its depths, which has boundaries, volume and features of the water regime. The main task in using water is to provide adequate drinking water supply, prevent pollution and depletion of water from industrial and domestic discharges*. The main act in this area is the RF CC of 1995**
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* See: On the state of water supply to the population of Russia and measures to improve quality drinking water// Environmental safety of Russia. Vol. 2. M.: Legal literature, 1996. P. 178.
**NW RF. 1995. No. 47. Art. 447.
The objects of protection are forests and other vegetation, their main function is to meet the needs for wood, oxygen production (the “lungs of the planet”), and recreation. Problems: overcutting, littering, fires, forest reproduction*. The main legal regulation of the protection, rational use and protection of forests is carried out by the RF LC 1997.
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*. See: On the threat to Russia’s environmental safety in connection with the depletion and plunder of forest resources // Environmental safety of Russia. Vol. 1. M.: Legal literature, 1994. P. 170.
Fauna, microorganisms, genetic fund are also objects of environmental protection. The fauna is the totality of living organisms of all types of wild animals that permanently or temporarily inhabit the territory of Russia and are in a state of natural freedom, as well as belonging to the natural resources of the continental shelf and the exclusive economic zone of Russia.* Its protection is carried out on the basis of the Federal Law "On Animals" world" 1995**
Microorganisms or microflora are microbes, mostly single-celled simple creatures - bacteria, yeast, fungi, algae, visible only under a microscope, found in soil, water, food products, and the human body.*** Science ceases to divide them into beneficial and pathogenic: in ecological relationship; they are part of the habitat and therefore subject to study.
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*. See: Bogolyubov S. A., Zaslavskaya L. A. and others. Legislation on the animal world. Article-by-article commentary on the law // Legislation and economics. 1996. No. 1.
**NW RF. 1995. No. 17. Art. 1462.
*** See: TSB. T. 16. pp. 233, 244.
The protected genetic fund is understood as a set of species of living organisms with their manifested and potential hereditary inclinations*. Degradation of the natural environment can lead to irreversible changes in plants and animals, to the appearance of mutants, that is, individuals with unusual genetic characteristics.
A unique object of protection is atmospheric air, which embodies the natural environment surrounding humans. Modern pressing problems are considered to be the prevention of noise and radiation - specific impacts on humans transmitted mainly through atmospheric air. Its protection is carried out in accordance with the Law of the RSFSR "On the Protection of Atmospheric Air" of 1982**
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* See: Reimers N. F. Nature Management. Dictionary-reference book. M.: Mysl, 1990. P. 89.
** RSFSR Air Force. 1982. No. 29. Art. 1027.
Specially protected areas and objects
All accessible natural objects - components of the environment are subject to protection, but specially designated territories and parts of nature deserve special protection. In our country, their territory is about 1.2%. These are nature reserves, national parks, wildlife sanctuaries, natural monuments, endangered plant and animal species listed in the Red Book.
Regulation of their protection and use is carried out on the basis of the Federal Law "On Natural Healing Resources, Medical and Health Areas and Resorts" of 1995* and the Federal Law "On Specially Protected Natural Areas" of 1995** The main problems are the preservation and expansion of specially protected territories and objects and maintaining the declared special reserve regime in them (a special topic is also devoted to their consideration).
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* Northwestern Russian Federation. 1995. No. 9. Art. 713.
**NW RF. 1995. No. 12. Art. 1024.
? Control questions
What are the principles of environmental protection?
What are the basic principles of environmental protection?
What does sustainable development mean and what is its main strategy?
What forms of legal support for environmental relations are used?
What are the principles and foundations of international cooperation in the field of environmental protection? What is their significance? What is their legal nature?
What is the classification of environmental protection objects?
What six major natural resources are subject to legal protection?
Abstract topics
The role of environmental protection principles in environmental law.
Problems of the relationship between economics and ecology: general and specific.
Stages and stages of functioning of the legal ecological system.
Literature
Legal protection of the natural environment in Eastern European countries. M.: Higher school. 1990.
Environmental law of Russia. Collection of normative acts. / Ed. A.K. Golichenkova. M., 1997.
Brinchuk M. M., Dubovik O. L., Zhavoronkova N. G., Kolbasov O. S. Environmental law: from ideas to practice. M.: RAS, 1997.
On the way to sustainable development of Russia. Bulletin of the Russian Environmental Policy Center. M., 1996–1998.
Gor El. The earth is in the balance. Ecology and the human spirit. M., 1993.
Legal reform: concepts for the development of Russian legislation. M.: IZiSP, 1995.
Douglas O. Three Hundred Years' War. Chronicle of an environmental disaster. M., 1975.
Zlotnikova T.V. Legislative foundations of environmental safety in the Russian Federation. M., 1995.
Kolbasov O. S. International legal protection of the environment. M., 1982.
Krasnova I. O. Environmental law and management in the USA (preface by S. A. Bogolyubov). M.: Baikal Academy, 1992.
Robinson N. A. Legal regulation of environmental management and environmental protection in the USA (afterword by O. S. Kolbasov). M.: Progress, 1990.
Comparative review of the legislation of the CIS member states. M., 1995.
Decree of the Government of the Russian Federation "On the conclusion of an Agreement between the Government of the Russian Federation and the Government of the Kingdom of Sweden on cooperation in the field of regulation of nuclear and radiation safety in the use of atomic energy for peaceful purposes" dated November 22, 1997.
Decree of the Government of the Russian Federation "On ensuring compliance with the provisions of the Protocol on Environmental Protection to the Antarctic Treaty" dated December 18, 1997

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

The law highlights three groups of objects of protection:

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

Co. second The group includes individual natural objects. Thus, land in legislation is the surface of the earth to the depth of its soil layer. The subsoil is the part of the earth's crust located below the soil layer and the bottom of reservoirs and extending to depths accessible for geological study and development. At the same time, the bowels of the earth are those areas of the earth's surface that contain minerals.

The law includes both surface and underground water, as well as snow and glaciers, as water. Soil moisture, reservoirs, ponds located in parks, on summer cottages, on farmland. This distinction is important when applying water legislation in the fight against pollution, clogging, and water depletion.

Forests are those collections of trees and shrubs that grow on forest lands allocated for this purpose in established by law ok. With such criteria, it is easy to distinguish a forest from another set of vegetation, which may be, for example, a park and subject to other ecological regimes. Other vegetation refers to wild and cultivated vegetation that is not included in the category of forests and performs field protection, landscaping, and decorative functions. This category does not include agricultural crops, fruit and berry plantings, fruit trees and similar artificial vegetation that performs not ecological, but economic and cultural functions.

The concept of “fauna” includes all fauna on the territory of the state that is in a wild state. These are terrestrial animals, birds, fish stocks, insects, and various microorganisms.

It should be noted that the Law does not have an article defining the right of ownership of natural objects. Firstly, because ownership of them is a conditional category. They were created by nature itself as a result of its evolutionary development and, therefore, are a universal property. Secondly, not all natural objects protected by law can be owned. Such a natural object as atmospheric air cannot be owned by anyone. objective reasons as having no material substance. Thirdly, ownership of natural objects that exists in the civilized world is, like all property, not environmental, but economic character. The state establishes it not for nature protection, but for farming.

Adopted on December 19, 1991, the RSFSR Law “On the Protection of the Natural Environment” marks new stage in the development of Russian environmental legislation as legislation of a new generation.

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

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

Legal liability is a consequence of an environmental violation. Its concept is contained in the Law of the Russian Federation “On the Protection of the Natural Environment”.

Thus, the Law of the RSFSR of December 19, 1991 was called “On the Protection of the Natural Environment.” Many domestic works correctly point out the incorrectness of the concept of “environment”.

IN general view The directions of economic incentives for environmental protection are defined in Art. 24 of the Law “On Environmental Protection”. They include: the establishment of tax and other benefits provided to government and other...

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

In this case, limits mean standards for maximum permissible emissions and discharges harmful substances, provided for in Art. 27 of the Law “On Environmental Protection” and temporarily agreed standards (Article 45).

At the same time, the Law “On Environmental Protection” provides for compensation for damage caused to the health of citizens by adverse environmental influences (Article 89).

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

The objects of legal protection of the environment are understood as its components that are in an ecological relationship, the relations for the use and protection of which are regulated by law, since they represent economic, environmental, recreational, demographic, and aesthetic interest. Objects of legal environmental protection can be classified into groups.

Earth, subsoil, waters

The first group of objects of legal protection consists of the main individual natural objects, of which there are six: land, its subsoil, water, forests, wildlife, atmospheric air (separate topics in a special part of the textbook are devoted to the analysis of their protection).

Underground refers to the surface covering the fertile layer of soil. The most valuable are agricultural lands intended for farming (arable land) and livestock raising.

They cannot be replaced by anything, are subject to wind and water erosion, clogging and pollution and therefore deserve increased protection. Agricultural land accounts for 37% of all land in the country, but its area is constantly decreasing due to the growth of cities, the construction of roads, reservoirs, and the laying of power and communication lines.

Non-agricultural lands serve as a spatial operational basis for the management and location of other sectors of the national economy.

The subsoil is considered to be the part of the earth's crust located below the soil layer and the bottom of reservoirs, extending to depths accessible for study and development. The subsoil also includes the surface of the earth if it contains mineral reserves. The main problems are the integrated use of mineral resources due to their non-renewability and the burial of waste, especially toxic waste. Legal regulation of the protection of subsoil is provided for by the Law of the Russian Federation of February 21, 1992 No. 2395-1 “On Subsoil”.

Water – all the water found in water bodies, i.e. in the environment. The main task in using water is to ensure adequate drinking water supply, prevent pollution and depletion of water from industrial and domestic discharges. The main regulatory legal act in this area is the VC.

Flora and fauna, atmospheric air

The objects of protection are forests and other vegetation. Their main function is to satisfy the needs for wood, produce oxygen (“lungs of the planet”), recreation, i.e. restoring health through rest outside the home. Problems: cutting, littering, fires, reproduction of forests and other green spaces. The main legal regulation of the conservation, rational use and protection of forests is carried out by the norms of the Forestry Code.

Fauna, animals, other organisms in a free state, their genetic fund are also objects of legal environmental protection. Their protection is carried out by the Federal Law “On Wildlife”.

Microorganisms, or microflora, are microbes, mainly simple creatures - bacteria, yeast, fungi, algae, visible only under a microscope, found in soil, water, food products, and the human body. Science ceases to divide them into useful and pathogenic - in an ecological relationship, they are part of the environment and therefore subject to study.

The genetic fund is understood as a set of species of living organisms with their manifested and potential hereditary inclinations. Degradation of the natural environment can lead to irreversible changes in plants and animals, to the appearance of mutants, i.e. individuals with unusual genetic characteristics.

A unique object of protection is atmospheric air, which embodies the natural environment surrounding humans. Modern pressing problems are considered to be the prevention of harmful pollution, noise and radiation - specific effects on humans transmitted mainly through atmospheric air. Its protection is carried out in accordance with the Federal Law of 04.05.1999 No. 96-FZ “On the Protection of Atmospheric Air”.

Adjacent to this environmental protection object are the ozone layer of the atmosphere and the near-Earth space, which can be polluted by aircraft and the discharge of harmful substances from them. Scientific and technological progress now makes it possible to control their condition and quality, identify polluting states, and influence them through legal means.