Problems of state policy on environmental protection. State policy in the field of environmental protection in modern conditions I - laws, government regulations of the Russian Federation

Russian Federation- a social state whose policy is aimed at creating conditions that ensure a decent life and free development of a person. This provision, enshrined in Article 7 of the Constitution of the Russian Federation, indicates that ensuring the human right to a decent life is one of the most important and fundamental tasks of state policy. The life and health of a person is recognized as the greatest value, therefore it is necessary to ensure the protection of this right by all means and means of state influence. Protection of human life and health is impossible without the creation and provision of a favorable environment, which should first of all be understood as the human environment. Thus, ensuring a favorable environment as the basis of human life and health is one of the most important directions of the state policy of Russia.

The existence of environmental policy (policy in the field of environmental protection) as an independent direction of state policy is very typical for most economically and industrially developed countries, where a sufficiently high level of social and national self-consciousness significantly restrains negative technogenic impacts on the environment with the help of ideological mechanisms - environmental education and education, the development of environmental movements, etc. Through these mechanisms, environmental ideas find their expression in public policy, embodied in the subsequent legislation.

Russian environmental policy is a young phenomenon that requires careful study. The environmental policy of Russia is implemented through a system of state authorities that manage environmental protection and nature management. That is why one of the main directions of environmental policy has been and remains the improvement government controlled in this area of state regulation.

In order to create a system of state administration and provide it with regulatory and legal mechanisms, we must first agree on the main thing, on the ideology of our relationship with nature. This "contract" between society and nature is enshrined in a document that defines the state environmental policy. Under the state environmental policy refers to the totality of environmental goals, objectives and priorities that exist at the state level. On the basis of the environmental policy approved by the supreme authority, legislation is being developed, with the help of which the intended goals are realized. Ponomarev M.V. Russian Environmental Policy and Administrative Reform// Legislation and Economics. - 2008. - No. 4. - P. 83.

Since the 90s of the XX century, the role of the main document on state environmental policy has been performed by:

State Program for Environmental Protection and Rational Use of Natural Resources of the USSR for 1991-1995. and for the future until 2005. The program was developed in the USSR State Committee for Nature Protection with the participation of the USSR State Committee for Science and Technology, the USSR Academy of Sciences, the USSR Ministry of Health, the Councils of Ministers of the Union Republics, but due to the collapse of the USSR it had no continuation);

Basic provisions of the state strategy of the Russian Federation for environmental protection and sustainable development (approved by Decree of the President of the Russian Federation of February 4, 1994 No. 236);

In 1996, under the influence of the main declarations of the international forum "Rio-92", as a national environmental policy, it was developed and approved by Decree of the President of the Russian Federation of April 1, 1996 No. 440 "The concept of the transition of the Russian Federation to sustainable development." It should be noted that of all previously existing state strategies in the field of rational use and protection of natural resources, this document was distinguished by a progressive environmental ideology.

The main task of the transition to sustainable development was the task of “balanced solution of the problems of social and economic development and preservation of a favorable environment and natural resource potential”, and the list of specific tasks identifies two main ones:

1. Achieve a radical improvement in the state of the environment through the greening of economic activity within the framework of institutional and structural changes that will ensure the formation of a new economic model and the widespread dissemination of environmentally oriented management methods;

2. To introduce economic activity within the capacity of ecosystems based on the massive introduction of energy and resource-saving technologies, targeted changes in the structure of the economy, the structure of personal and public consumption.

In this concept, a significant place was given to regional programs for the transition to sustainable development, the reconstruction of regional industry, taking into account the economic capacity of the territory. In reality, the concept has not been put into practice.

National Action Plan for Environmental Protection of the Russian Federation for 1998-2000;

Environmental Doctrine of the Russian Federation The Government of the Russian Federation, by its Decree No. 1225-r dated August 31, 2002, approved the environmental doctrine developed by the Ministry of Natural Resources with the participation of state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local authorities, public environmental organizations, business and scientific community as part of the development of an integral program of environmental security in Russia.

Ecological doctrine - a set of environmental principles, an ecological system adopted by society to implement the goals and objectives of sustainable social development while maintaining the reproduction of environmental quality, biodiversity, gene pool and natural resources for the current community and future generations.

The adoption of the ecological doctrine is caused by the need to form a unified environmental policy in the field of ecology, aimed at protecting the environment, rational use of natural resources, preserving the remaining intact ecosystems and restoring the lost properties of ecosystems within the zones of ecological tension and ecological disaster.

The most important component of the ecological doctrine is the confirmation of the fact that the Russian Federation plays one of the decisive roles in the world community in the preservation and reproduction of the quality of the environment. This is the preservation of almost 18% of the world's high-latitude forest resources. This is the conservation of forest biomes and biotic diversity over a large area.

Being the bearer of a significant economic, intellectual, resource and environment-forming potential, Russia participates in solving not only regional, but also global environmental problems. Therefore, without taking into account the environmental factor, the world will not be able to build a modern system of greening. The ecological doctrine determines the goals, directions, tasks and principles of conducting a unified state policy in the Russian Federation in the field of greening the spirit, consciousness, education, culture, socio-economic development, including the greening of production.

At the same time, the priority direction of the state doctrine is the preservation of the natural (natural) and improvement of the quality of the environment.

The environmental doctrine is based on the Constitution of the Russian Federation, Federal laws and other regulatory legal acts, international agreements and agreements in the field of environmental protection, rational use of natural resources.

The priority areas of the environmental doctrine of the Russian Federation are defined as ensuring the safe functioning of potentially hazardous activities, preventing and reducing the environmental consequences of emergencies under forecasting conditions. This is primarily the rehabilitation of territories and water areas affected by natural and man-made impacts on the environment, based on ensuring radiation and chemical safety. Reducing the environmental risk during construction, operation, liquidation of hazardous industries, energy facilities, ensuring environmental safety during disarmament. The most important thing in achieving environmental safety is to improve the quality and length of life, the health of the population by reducing the adverse impact of adverse environmental factors. On the basis of reducing environmental risks (providing the population with the necessary quality atmospheric air, water, food, environmentally friendly housing, clothing, household appliances and chemicals, etc.) permanent relocation from areas of ecological disaster, man-made and natural disasters that cannot be rehabilitated.

The shortcomings in the development of the ecological doctrine in the future should be eliminated by a new paradigm of nature management, based not so much on rationality, but on the balance of nature management with the transition to a new stage of noospheric development - adapted nature management. Ignatov V.G., Kokin A.V., Kokin V.N. Ecological law. Textbook for high schools. -M.: ICC "March", 2007. - P.353.

The implementation of the state environmental policy is based on the development of state management of environmental protection and nature management through various forms development of natural resources and on the basis of delimitation of powers, responsibilities between federal and regional state authorities, local governments in terms of the use of natural resources and control over the state of the environment.

This requires a unified accounting and regulation of environmental management, strengthening the role of public and state environmental expertise in assessing the impact on the environment in the development and implementation of social programs of federal and regional scales.

The elimination of contradictions in the normative legal support and law enforcement in the field of development, use of natural resources and environmental protection measures, especially when holding competitions, tenders, auctions for the right to implement projects, is of paramount importance. It is necessary to develop state standardization in the field of environmental protection, fixing in the rationing of production, international eco-standards that ensure the reduction of anthropogenic pressure on the environment.

It is required to improve judicial mechanisms, to intensify prosecutorial supervision in the field of environmental protection, as well as to optimize the methods of calculation and practice of compensation for damage as a result of environmental offenses; suppression of illegal activities in the field of nature management. Particular importance is attached to economic and financial mechanisms for rational and non-exhaustive nature management, reducing the burden on the environment, its protection by attracting budgetary and extrabudgetary funds.

Public policy in the field of ecology cannot be implemented without information support through the development of a unified state system of environmental monitoring, a unified metrology for comparing data on the state of the environment natural environment.

The main directions of scientific support in the field of ecology and nature management are based on the development of theoretical and technological aspects of Russia's transition to the sustainable development of fundamental research in the field of global environmental problems, the development of environmentally efficient and resource-saving technologies, as well as solving the problems of natural resource reproduction, habitat quality, conservation biodiversity.

Particular attention is paid to the development of a methodology for the environmental and economic assessment of the value of natural objects, taking into account their environment-forming function of assessing environmental risks.

The concept of the transition of the Russian Federation to sustainable development is the basis of the state policy of Russia in the field of environmental protection and rational use of natural resources.

The concept of "sustainable development" first appeared in 1987 in the text of the final report of the International Commission on Environment and Development. It was defined there as development in which the needs of the present generation are met without prejudice to the ability of future generations to meet their own needs, and the pressure on the natural environment would be commensurate with its restorative capacity.

Sustainable development must satisfy a number of social, economic and environmental requirements. The most common of them were identified at the World Environmental Forum, held under the auspices of the UN in Rio de Janeiro (Brazil) in 1992. The motto of this conference was the wonderful words: " We did not inherit this Earth from our fathers, we borrowed it from our grandchildren." The concept of sustainable development has become the main theme All-Russian Congress for Nature Protection (Moscow, June 3-5, 1995).

The environmental aspect of sustainable development involves a wide range of measures aimed at preserving the environment and rational use of natural resources: protection of the atmosphere, rational use of land, water and mineral resources, conservation of forests, combating desertification and drought, conservation of biological diversity, ecologically safe use biotechnology, improving the safety of the use of toxic chemicals, solving the problem of waste.

The President of the Russian Federation, by his Decree of February 4, 1994 No. 236, approved the "Basic provisions of the state strategy of the Russian Federation for environmental protection and sustainable development." They are the basis for constructive interaction between state authorities of the Russian Federation and its subjects, local governments, entrepreneurs and public associations to provide a comprehensive solution to the problems of balanced economic development and improvement of the environment. The Fundamentals include four sections:

1. Ensuring environmentally friendly sustainable development in a market environment.

2. Protection of the human environment.

3. Improvement (restoration) of disturbed ecosystems in ecologically unfavorable regions of Russia.

4. Participation in solving global environmental problems.

Requirements for activities to ensure environmentally sound sustainable development include: environmentally sound distribution of productive forces; environmentally safe development of industry, energy, transport and public utilities; ecologically safe development of agriculture; effective use renewable natural resources; rational use of non-renewable natural resources; expanded use of secondary resources, recycling, neutralization and disposal of waste; improvement of management in the field of environmental protection, nature management, prevention and elimination of emergency situations.

The implementation of these and other requirements contained in the "Basic Provisions.", Should ensure a dynamic balance in development, allowing to remove the known

contradictions between society's needs for natural resources and the possibilities of meeting them while preserving the natural resource potential.

In a generalized form, the concept of the transition of the Russian Federation to a sustainable development model should be based on the consistent implementation of interrelated fundamental ideas:

greening economic activity in the process of increasing the share of national property in the structure of national wealth, which ensures the maintenance of the necessary economic growth of the country and the solution of the most acute social problems;

preservation and restoration of the biosphere and its local ecosystems while limiting the growth of nature-intensive elements of national property and strengthening the focus on the reasonable needs of future generations, taking into account the state of the natural resource potential;

formation of the noosphere and ensuring the growth of national wealth by improving the skills of workers and increasing spiritual values. Such a consistent phasing of Russia's transition to

the model of sustainable development is determined by the current socio-economic and environmental situation and the ability to transform conceptual provisions into a real national action plan.

In order to achieve sustainable development goals, it is necessary to transform the legal framework, economic and administrative instruments, ensure the greening of the budget and tax systems, structural, investment and foreign economic policy.

On April 1, 1996, the President of the Russian Federation signed Decree No. 440 "On the Concept of Transition of the Russian Federation to Sustainable Development". In pursuance of this Decree, on May 8, 1996, the Government of the Russian Federation adopted Decree No. 559 "On the development of a draft state strategy for the sustainable development of the Russian Federation." This Decree gave instructions to the federal authorities executive power together with the executive authorities of the constituent entities of the Russian Federation, the Russian Academy of Sciences and with the involvement of representatives of legislative authorities, public organizations, prominent scientists and specialists, develop a draft state strategy for sustainable development of the Russian Federation.

At the present stage, Russia's policy in the field of environmental protection and rational use of natural resources is rather contradictory. On the one hand, Decree of the President of Russia No. 867 dated May 17, 2000 changed the structure of state administration in the field of nature protection and nature management. This Decree abolished such environmental agencies as the State Committee of the Russian Federation for Environmental Protection, the Federal Forestry Service of Russia, and the State Committee of the Russian Federation for Land Policy. The functions of the first two departments were transferred to the Ministry of Natural Resources of the Russian Federation. Thus, a department whose main task is the exploitation of natural resources has become responsible for nature protection, which is unlikely to have a positive effect on the effectiveness of state environmental policy.

On the other hand, the President of the Russian Federation, along with other important initiatives, proposed the development of an Ecological Doctrine as one of the key components of the strategy for a balanced and sustainable development of the country in the 21st century. This program should outline the environmental guidelines for the country's economic development in the long term.

In order to reverse the dangerous trend of deecologisation of the country, it is necessary to change the foundations of federal environmental policy. Such a policy, according to experts, should be aimed at:

to ensure the environmental safety of Russia when making decisions in the field of internal and foreign policy;

a constructive dialogue between the government and all sectors of society on issues of ensuring the environmental safety of Russia and protecting the rights of citizens to a favorable environment;

to improve the structure of state administration on the principles of separating the functions of state control from the functions of the use and disposal of natural resources, the effective delimitation of powers between federal authorities, authorities of the constituent entities of the Federation and local governments;

for state support for environmentally efficient business, resource and energy conservation. The ecological doctrine will become social factor consolidating Russian society.

The need for a careful attitude to nature, its protection was understood in ancient times. For example, the ancient Greek philosopher Epicurus back in the 4th century. BC. came to the conclusion: “One should not force nature, one should obey it ...” - which has not lost its relevance at the present time.

There was another concept of approach to nature - giving the right to unlimited domination over it. Some modern researchers call the founder of this approach Friedrich Engels, who believed that, unlike an animal that only uses external nature, "... man ... makes her serve his own goals, dominate over her." Perhaps it was in the development of this thesis that he was born in the 1950s. Michurin-Lysenko's slogan, widely known in our country, justifying violence against the environment: "We cannot expect favors from nature, it is our task to take them from her." At the same time, Engels explains the idea of domination over nature as follows: "... all our domination over it consists in the fact that we, unlike all other beings, are able to cognize its laws and apply them correctly." This is the great scientific value of the theory and the humanism of F. Engels as a thinker.

Currently, in order to protect the habitat in each country, environmental legislation is being developed, in which there is a section international law and legal protection of nature within the state, containing the legal basis for the conservation of natural resources and the environment for the existence of life. The United Nations Organization (UN) in the Declaration of the Conference on Environment and Development (Rio de Janeiro, June 1992) legally enshrined two basic principles of the legal approach to nature conservation.

States should introduce effective environmental legislation. The norms related to environmental protection, the tasks and priorities put forward should reflect the real situation in the areas of environmental protection and its development, in which they will be implemented.

The state should develop national legislation regarding liability for environmental pollution and other environmental damage and compensation for those who suffer from this.

From general principles The legal approach to nature protection implies that all states must have strict and at the same time reasonable environmental legislation, but so far many UN members do not have such legislation. For example, in Russia there is still no law on compensation for harm caused to human health by adverse environmental impacts associated with economic or other activities. Academician N. Moiseev summarized the current situation as follows: “The further development of civilization is possible only if the strategy of nature and the strategy of man are coordinated.

If you look into history, then environmental law first appeared in the 13th century. It was an edict by King Edward forbidding the use of coal for heating dwellings in London. In Russia, this right was initiated by the decrees of Peter I on the protection of forests, wildlife, etc. All these were attempts at an integrated approach to protecting the environment. The same attempt was made immediately after October 1917 by issuing decrees - "On Land" (1917), "On Forests" (1918); "On the bowels of the Earth" (1920) and codes - Land (1922), Forest (1923). However, even in them the principle of "domination" over nature, the priority of "production necessity" dominated the problems of the environment.

This was partly due to the requirements of the country's survival, the need for its intensive development, but this approach did not provide effective environmental protection and led to the degradation of nature. At the same time, in the words of academician Yablokov, “... any, the most remarkable legislative acts cannot be implemented without the support of the people. And the people until recently were oriented towards taking everything possible from nature and quickly.” Until now, this approach quite often remains dominant.

The solution of environmental problems at the present stage should be implemented both in the activities of special state bodies and the whole society. The purpose of such activities is the rational use of natural resources, the elimination of environmental pollution, environmental education and education of the entire public of the country.

The legal protection of the natural environment consists in the creation, justification and application of normative acts that define both the objects of protection and measures to ensure it. These are questions of environmental law that regulates the relationship between nature and society.

Life safety Viktor Sergeevich Alekseev

46. State policy of environmental protection

United Nations (UN) in the Declaration of the Conference on Environment and Development (1992) legally fixed two basic principles of the legal approach to nature protection:

1) States should introduce effective legislation in the field of environmental protection. The norms related to environmental protection, the tasks and priorities put forward should reflect the real situation in the areas of environmental protection and its development, in which they will be implemented;

2) the state should develop national legislation regarding liability for environmental pollution and other environmental damage and compensation for those who suffer from this.

In various historical periods of the development of our country, the system of environmental management, control and supervision has always depended on the form of organization of environmental protection. When issues of environmental protection were solved through the rational use of natural resources, management and control were carried out by many organizations. In the 1970s–1980s in the USSR, 18 different ministries and departments were involved in the management and protection of the natural environment. There was no common coordinating body that would unite environmental activities. Such a system of management and control gave rise to a criminal attitude towards nature, primarily on the part of the ministries and departments themselves, as well as large enterprises subordinate to them, which were the main polluters and destroyers of the natural environment.

FROM 1991. The Russian Committee for Nature Protection was abolished and replaced by the Ministry of Environmental Protection and Natural Resources. It included the environmental services of Hydromet, forestry, water resources, protection and use of subsoil, and fisheries transformed into committees. On the basis of six reorganized ministries and departments, a natural resource block was created, uniting the entire environmental protection service in a single center. This block turned out to be unmanageable, and the year-long practice of its functioning showed that it was not capable of solving the assigned tasks. The solution of environmental problems at the present stage should be implemented both in the activities of special state bodies and the whole society. The purpose of such activities is the rational use of natural resources, the elimination of environmental pollution, environmental education and education of the entire public of the country. The legal protection of the natural environment consists in the creation, justification and application of normative acts that define both the objects of protection and measures to ensure it. These measures form an environmental law that implements the relationship between nature and society.

author Viktor Sergeevich Alekseev

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Legal and organizational bases for environmental protection

Management and legal regulation of environmental safety

Currently, to protect the habitat in each country, environmental legislation is being developed, in which there is a section of international law and legal protection of nature within the state, containing the legal basis for the conservation of natural resources and the environment for the existence of life. The United Nations Organization (UN) in the Declaration of the Conference on Environment and Development (Rio de Janeiro, June 1992) legally enshrined two basic principles of the legal approach to nature protection:

1. States should introduce effective environmental legislation. The norms related to environmental protection, the tasks and priorities put forward should reflect the real situation in the areas of environmental protection and its development, in which they will be implemented.

2. The state should develop national legislation regarding liability for environmental pollution and other environmental damage and compensation for those who suffer from this.

Academician N.N. Moiseev summarized the current situation as follows: "Further development of civilization is possible only in the conditions of coordinating the strategy of nature and the strategy of man."

Such natural objects as water and air were under the jurisdiction of several departments at the same time. At the same time, as a rule, the functions of monitoring the state of the natural environment were combined with the functions of exploitation and use of natural objects. It turned out that the ministry or department controlled itself on behalf of the state. There was no common coordinating body that would unite environmental activities. It is clear that such a system of management and control gave rise to a criminal attitude towards nature, primarily on the part of the ministries and departments themselves, as well as large enterprises subordinate to them, which were the main polluters and destroyers of the natural environment.

This was partly due to the requirements of the country's survival, the need for its intensive development, but this approach did not provide effective environmental protection and led to the degradation of nature. At the same time, in the words of Corresponding Member of the Academy of Sciences of the Russian Federation A.V. Yablokov, “... any, the most remarkable legislative acts cannot be implemented without the support of the people. And the people until recently were oriented towards taking everything possible from nature, and quickly.” Until now, this approach quite often remains dominant.

It is not enough to eliminate the primacy of production over ecology, as well as the violation of environmental requirements in the process of managing. It is necessary to improve the ecological culture of society, including the legal one, on the basis of knowledge of natural science laws and environmental legal regulations.

9.1.2. Environmental legislation.

Environmental protection and rational use of natural resources is a complex and multifaceted problem. Its solution is associated with the regulation of the relationship between man and nature, subordinating them to a certain system of laws, instructions and rules. In our country, such a system is established by law.

Legal protection of nature is a set of legal norms established by the state and legal relations arising as a result of their implementation, aimed at the implementation of measures to preserve the natural environment, rational use of natural resources, and improve the human environment for the benefit of present and future generations.

This is a system of state measures enshrined in law and aimed at preserving, restoring and improving favorable conditions necessary for people's lives and the development of material production.

The system of legal protection of nature in Russia includes four groups of legal measures:

1) legal regulation of relations on the use, conservation and renewal of natural resources;

2) organization of education and training of personnel, financing and logistical support of environmental activities;

3) state and public control over the fulfillment of the requirements of nature protection;

4) legal liability of offenders.

In accordance with environmental legislation the object of legal protection is the natural environment - an objective reality that exists outside of a person and independently of his consciousness, serving as a habitat, condition and means of his existence.

The totality of environmental norms and legal acts, united by a common object, objects, principles and goals of legal protection, in Russia forms environmental (environmental) legislation.

Sources of environmental law are recognized as normative legal acts, which contain legal norms governing environmental relations. These include laws, decrees, resolutions and orders, regulations of ministries and departments, laws and regulations of the subjects of the Federation. Finally, among the sources of environmental law, a large place is occupied by international legal acts that regulate internal environmental relations on the basis of the priority of international law.

As a result of the last codification, a system of environmental legislation has developed, which is based on three fundamental normative acts: Declaration of the First Congress of People's Deputies of the RSFSR on the State Sovereignty of the Russian Soviet Federative Socialist Republic (1990), Declaration of the Rights and Freedoms of Man and Citizen (1991) and the Constitution of the Russian Federation, adopted as a result of a popular vote on December 12, 1993

There are two very important norms in the Constitution of the Russian Federation, one of which (Article 42) enshrines the right of every person to a favorable environment, reliable information about its condition and to compensation for damage caused to his health or property. Another (art. 9, part 2) - proclaims the right of citizens and legal entities private ownership of land and other natural resources. The first concerns the biological principles of man, the second - his material foundations of existence.

The Constitution of the Russian Federation also formalizes the organizational and legal relations between the Federation and the subjects of the Federation. According to Art. 72 the use, possession and disposal of land, subsoil, water and other natural resources, nature management, environmental protection and ensuring environmental safety are the joint competence of the Federation and the subjects of the Federation.

In the subject of its jurisdiction, the Russian Federation adopts federal laws that are binding on the territory of the entire country. The subjects of the Federation have the right to their own regulation of environmental relations, including the adoption of laws and other regulations. The Constitution of the Russian Federation establishes general rule: laws and other legal acts of the subjects of the Federation must not contradict federal laws.

The system of environmental legislation, guided by the ideas of fundamental constitutional acts, includes two subsystems: environmental and natural resource legislation.

AT environmental legislation includes the Law of the Russian Federation "On Environmental Protection" and other legislative acts of complex legal regulation.

To the subsystem natural resource legislation includes: the Land Code of the Russian Federation, the Law of the Russian Federation "On Subsoil", the Fundamentals of Forest Legislation of the Russian Federation, the Water Code of the Russian Federation, the Law of the Russian Federation "On the Protection and Use of Wildlife" and some other legislative acts.

The system of environmental legislation in Russia has four levels:

I - laws, government regulations of the Russian Federation;

II - normative acts of federal ministries and departments;

III - laws and regulations of the constituent entities of the Russian Federation;

IV - regulatory decisions of local governments.

In December 2001 was adopted Federal Law "On Environmental Protection", which defines the legal framework for state policy in the field of environmental protection. This law is designed to ensure a balanced solution of socio-economic problems, the preservation of a favorable environment, biological diversity and natural resources in order to meet the needs of present and future generations, strengthen the rule of law in the field of environmental protection and ensure environmental safety.

This Federal Law regulates relations in the field of interaction between society and nature arising from the implementation of economic and other activities related to the impact on the natural environment as the most important component of the environment.

The following legal provisions are fixed in 16 chapters of the Law:

- fundamentals of management in the field of environmental protection;

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

- economic regulation in the field of environmental protection;

- standardization in the field of environmental protection;

- environmental impact assessment and environmental expertise;

Requirements in the field of environmental protection in the course of economic activity;

- zones of ecological disaster, zones of emergency situations;

- state monitoring of the environment;

- control in the field of environmental protection (environmental control);

- scientific research in the field of environmental protection;

- bases of formation of ecological culture;

- international cooperation in the field of environmental protection.

Protecting human health and ensuring human well-being is the ultimate goal of protecting the natural environment. Therefore, in legislative acts aimed at protecting the health of citizens, environmental requirements occupy a leading place. In this sense, the Federal Law “On the Sanitary and Epidemiological Welfare of the Population” (1999) serves as a source of environmental law.

It regulates sanitary relations related to the protection of health from the adverse effects of the external environment - industrial, domestic, natural. Environmental requirements expressed in the articles of the Law are at the same time sources of environmental law. For example, the norms of Art. 18 of this law on the burial, processing, neutralization and disposal of industrial and household waste, etc.

9.1.3. Management of environmental protection and control of environmental safety.

On the federal level environmental management (EP) is carried out by the Federal Assembly, the President, the Council of Ministers of the Russian Federation and specially authorized bodies, the main of which are the Ministry of Natural Resources and the Ministry of emergencies RF.

At the regional level, environmental management is carried out by representative and executive authorities, local self-government bodies, as well as territorial bodies of the above-mentioned specially authorized departments.

At all levels, the development of measures to ensure the sanitary and epidemiological well-being of the population is entrusted to the bodies of the Ministry of Health of the Russian Federation. They also carry out the coordination of permits for all major types of nature management.

At industrial facilities, departments of nature protection (environmental protection) are created to manage the environmental protection.

The basis of environmental protection management is the legislative and by-laws discussed above, which provide for a unified management system in the country, as well as international cooperation in the field of nature protection. Environmental protection management is based on information received by the environmental monitoring system. This system consists of three stages: observation, assessment of the state and forecast of possible changes. There are three levels in the system: sanitary-toxic, ecological and biospheric.

Sanitary-toxic monitoring - monitoring the quality of the environment, mainly the degree of pollution of natural resources by harmful substances, pathogenic microorganisms and the impact of this process on humans, flora and fauna.

Its tasks also include control over parametric effects (noise, electromagnetic fields, ionizing radiation), the quality of water bodies, the degree of their pollution with various organic substances, oil products.

Environmental monitoring- determination of changes in ecological systems (biogeocenoses), natural complexes and their productivity. It is also entrusted with identifying the dynamics of mineral reserves, water, land and plant resources.

Biosphere monitoring is carried out within the framework of the global environmental monitoring system (GEMS).

He is carried out on the basis of international biosphere stations, eight of which are located in our country.

Sanitary and toxic monitoring is carried out by the services of the Ministry of Health of the Russian Federation, the Ministry of Natural Resources of the Russian Federation and Roshydromet of Russia.

The ministries of health are studying the dynamics of diseases in the regions depending on changes in the state of the environment, the control of which is carried out by the territorial bodies of the State Committee for Ecology and the Sanitary and Epidemiological Service of the Ministry of Health of the Russian Federation. General monitoring of the state of the environment is carried out by the territorial bodies of Roshydromet, which include inspections to control the atmosphere, hydrosphere, soil and the operation of gas cleaning and dust collection installations. Local sanitary and toxic monitoring is implemented in cities and towns, on roads and at individual enterprises. The rules for monitoring the state of the environment are established by the standards of the "Nature Protection" system of standards.

They establish three categories of atmospheric pollution observation posts: stationary, route, mobile (under-flame). The stationary post is designed for continuous recording of the content of pollutants and regular sampling of air for subsequent analyses; route - for regular sampling of air at a fixed point in the terrain during observations that are carried out according to a schedule sequentially in time at several points. A mobile (under-flare) post is required for sampling under a smoke (gas) torch.

The number of stationary (route) posts and their placement is determined taking into account the population, the area of the settlement and the terrain, as well as the development of industry and its location throughout the city, the dispersal of recreation areas and resort areas.

Depending on the population, the following minimum number of stationary posts is established: up to 50 thousand inhabitants - one post, 50 ÷ 100 thousand - two posts; 100 ÷ 200 thousand - two or three posts; 200÷500 thousand - three to five posts; 0.5÷1 million-five-ten; 1÷2 million - ten - fifteen; more than 2 million - fifteen to twenty posts. In settlements with complex terrain (high places and depressions) and a significant number of pollution sources, one stationary post is installed on an area of 5–10 km 2, in flat areas - one stationary post per 10–20 km 2.

Sampling sites for under-flame observations are chosen at different distances from the source of pollution in the pollution dispersion zone. Their total number is determined taking into account the height and power of the emission, as well as the peculiarities of the location of residential areas.

At stationary posts, three observation programs are established: complete, incomplete, reduced. Observations under the full program are performed to obtain operational information on the average daily concentration daily at 01, 07, 13, 19 hours local standard time. It is allowed (if it is impossible to complete the full program) to conduct observations according to a rolling schedule of 06, 10, 13 hours - on Tuesday, Thursday, Saturday and at 15, 16, 21 hours - Monday, Wednesday, Friday.

According to the full program, observations are established for the content of dust, sulfur dioxide, carbon monoxide, nitrogen dioxide (the main pollutants) and for specific substances that are characteristic of industrial emissions of a given settlement.

The list of specific substances for control at each stationary post in the city is established by the bodies of the hydrometeorological and sanitary-epidemiological service of the Ministry of Health of the Russian Federation, taking into account the data from the inventory of sources of emissions into the atmosphere.

Observations under an incomplete program are allowed to be carried out in order to obtain operational information daily at 07, 13, 19 hours of local standard time. In this case, observations of the main and specific pollutants are carried out according to a program agreed with the bodies of the hydrometeorological service and the Ministry of Health of the Russian Federation.

Under the reduced program, observations of the main pollutants and one or two of the most common specific pollutants are carried out daily at 07:00 and 13:00 local daylight savings time. These observations are allowed in areas with air temperatures below -45°C and in places where concentrations of pollutants below the sensitivity threshold of the method of analysis of a given substance are systematically observed during a month. Air samples are taken at a height of 1.5÷2.5 m from the ground.

Sanitary rules and norms for the protection of surface waters from pollution establish rules for the control of water in reservoirs and watercourses. The composition and properties of water should be determined at a distance of 1 km from the nearest downstream point of water use for household and drinking purposes, places for bathing, recreation, and the territory of settlements; on stagnant water bodies - 1 km from the point of water use (along the coastline).

Organization of environmental control in the regions is entrusted to the territorial bodies of the State Committee of the Russian Federation for rational use of natural resources and environmental protection. The atmosphere, hydrosphere and soils are being monitored near transport routes and enterprises.

In residential areas, sampling of air, water and soil is also organized by enterprises. This work is carried out, as a rule, by their sanitary-industrial laboratories.

The control of emissions from industrial enterprises and vehicles is reduced to determining their actual value and comparing it with the value of maximum permissible emissions (MAE). With regard to industrial enterprises, the rules for establishing MPE are determined by GOST. The procedure for controlling emissions is developed by the enterprises themselves. Controlled emissions from chimneys; exhaust systems of melting and pouring units; dryers; heating and electrothermal furnaces of forge-and-press and thermal shops and other units of various industries.

When controlling MPE, the main methods should be direct methods for measuring concentrations harmful substances and volumes of the gas-air mixture in places of their direct release or after gas treatment plants. Emissions of substances are determined within 20 minutes, as well as on average per day, month, year. If the duration of the release of the substance is less than 20 minutes, then the control is carried out according to the total release of the harmful substance during this time.

The survey is carried out during the operation of the equipment in the operating (design) mode; during non-stationary operation of the equipment, measurements should be made during the period of maximum emission of harmful substances.

With regard to vehicles, the standards and methods for measuring emissions of carbon monoxide and hydrocarbons are determined by GOSTs. Control of vehicle emissions is carried out by their owners, as well as by the State Inspectorate for Road Safety (GIBDD).

The issue of regulation of emissions from mobile pollution sources is the most complex. According to scientific research, 70-80% of air pollution comes from motor vehicles. Regulation of emissions of harmful substances by cars is carried out in three directions:

Improvement and development of standards for emissions of harmful substances and vehicle exhaust gases;

Increased engine efficiency;

Implementation of low-toxic, environmentally friendly fuel.

Unfortunately, Russian industry has not yet reached the level of world standards in solving these issues.

The socio-public and legal meaning of MPE is that the harm caused to human health and the natural environment is the result of exceeding the permissible concentrations of harmful substances in the atmosphere, water bodies or soil. Exceeding MPC is a consequence of exceeding MPV by sources of emissions, discharges of harmful substances. Therefore, the task of environmental control and supervision bodies is to identify enterprises that pollute the environment and bring their leaders to legal responsibility.

Unfortunately, practice does not always follow common sense. The statistics are contradictory. Currently, 15-20% of polluting industries fit into the MPE standards. A significant proportion of enterprises (about 50%) are guided by the standards of temporarily agreed emissions (TSV), and the rest pollute the environment on the basis of limit emissions and discharges, which are determined by the actual emission and discharge at a certain time interval.

The problem is not solved due to the fact that no polluting enterprise can be held criminally or administratively liable, since they operate on the basis of emission (discharge) permits issued by environmental protection authorities. The only form of liability is compensation for harm imposed on the polluting enterprise. Moreover, such compensation is carried out regardless of the degree of guilt and, therefore, takes the form of pollution charges.

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