The modern interaction between society and the environment can be characterized by the following provisions:

• human activity is associated with an increase in the spheres and volumes of economic activity, which is associated with the need to solve urgent socio-economic problems facing the state and society: raising the standard of living of the population, doubling the gross domestic product, fighting poverty, intensifying the processing spheres of production, developing the infrastructure of a market economy and etc. 1 For more details on the strategic tasks of the socio-economic development of Russia in the near future, see: Address of the President of the Russian Federation to the Federal Assembly of the Russian Federation dated November 5, 2008 // Rossiyskaya Gazeta. 2008.6 November.;
• intensification of anthropogenic load on the environment as a result of an increase in housing construction, gasification of regions, development of the automotive industry, chemical production, etc .;
• an increase in the share of the negative impact of economic and other human activities on the environment, including the impact associated with environmental risk, i.e. the likelihood of an event that has adverse consequences for the natural environment;
• deterioration of the quality of the environment, the development of a situation characterized by the presence in it of signs of an ecological crisis.

These circumstances determine the directions of the ongoing reforms and transformations in Russia, the content of which is reflected in the state environmental policy.

The aggravation of the ecological situation is the result not only of general crisis phenomena in the country's economy associated with low investment activity and a drop in technological discipline, but also a consequence of the structural deformations of the economy accumulated over many decades, which led to the dominance of resource-intensive and energy-intensive technologies, raw material orientation of exports, as well as excessive concentration production in relatively few industrial centers and regions of the country.

As a result, de-ecologicalization of production and other sectors of the economy continues: specific emissions of pollutants into the atmosphere per unit of GDP for 2002-2005. increased 1.3 times, discharges into water bodies - 1.7 times, water capacity of GDP increased 1.6 times. Irrational and sometimes predatory exploitation of natural resources contributes to the degradation of natural objects and natural complexes. Low rates of payment for natural resources, and in some cases their almost complete absence, contribute to the excessive exploitation of natural resources, undermining the reproduction of renewable resources.

Natural and man-made disasters, the frequency, scale and destructiveness of which have significantly increased in recent years, pose a serious threat to the achievement of sustainable socio-economic development. These phenomena not only cause great damage to the economy and the natural environment, but are often accompanied by the destruction of settlements and human casualties.

The territory of Russia is subject to a wide range of extreme natural processes and phenomena, the most dangerous of which are earthquakes, floods and forest fires. About 20% of the country's territory is occupied by zones of increased seismic hazard, in which more than 20 million people live. The area of ​​inundation as a result of floods can reach 400 thousand square meters. km (2.5% of the country's territory), posing a threat to 750 cities and several thousand smaller settlements. Annually, from 100 thousand to 300 thousand fires occur in the forests on a total area of ​​1.5-2.5 million hectares. Mudflows, landslides, landslides, avalanches, storms, hurricanes, tornadoes, typhoons, and droughts also cause significant damage.

Emergencies and catastrophic situations of a natural nature occur spontaneously and cannot be prevented. At the same time, the magnitude of the damage caused by them largely depends on the timeliness and accuracy of their prediction, on the preventive measures taken, as well as taking into account the likelihood and intensity of their manifestation in the process of everyday economic activity.

In the technogenic sphere, the greatest danger is posed by:

• radiation and transport disasters;
• accidents with the release of chemical and biologically hazardous substances;
• explosions and fires;
• hydrodynamic accidents;
• accidents on electric power systems;
• accidents at treatment facilities.

The main reasons for the occurrence of man-made emergencies are:

• depreciation of fixed assets, reaching 70-80% in a number of industries;
• decline in the professional level of employees;
• decrease in production and technological discipline;
• miscalculations in the implementation of technical policy, design and construction of facilities.

Catastrophic situations can arise when man-made accidents are initiated by natural factors:

• destruction of dams from earthquakes, catastrophic floods, etc.

In turn, technogenic activity can lead to the initiation of natural disasters, in particular, to:

• an earthquake as a result of the creation of vast underground cavities during mining;
• dangerous climate change;
• destruction of the protective ozone layer of the atmosphere as a result of increasing anthropogenic emissions.

Considerable financial, material and technical and labor resources are diverted to liquidate the consequences of disasters, which could be used for the development of the economy and social sphere. This makes the development and implementation of effective measures to minimize the inevitable damage from natural disasters and the concentration of efforts to prevent man-made and natural-man-made disasters as a priority task.

To solve this problem, it is necessary to ensure the improvement and development of:

• services for studying, forecasting, detecting, monitoring emergency situations, alerting the population;
• scientific and methodological substantiation of the development of plans for preventive actions to protect the population and minimize potentially preventable damage;
• regulation of economic and other activities in areas of probable occurrence of natural and man-made emergencies in order to minimize inevitable and potentially preventable damage;
• prevention of emergencies of a man-made nature;
• emergency response services and their consequences.

To prevent the deterioration of the ecological situation and reach the normative level of the state of the environmental components, it is necessary to carry out a targeted environmental policy based on the principles of market relations and using the financial and economic capabilities of all subjects of nature management.

State environmental policy is a system of views, provisions and positions of the state on the problems of using limited natural resources in conditions of unlimited needs of the economy, environmental protection, ensuring environmental safety and preventing natural and man-made emergencies. The implementation of environmental policy is a priority area of ​​activity of the state authorities of the Russian Federation and the constituent entities of the Russian Federation, along with activities to implement the policy of socio-economic development, demographic policy, the policy of modernizing education and health care, ensuring national security, etc. local governments, citizens and their associations.

Based on the current environmental situation, it seems that the main elements of the content of the state environmental policy are:

• overcoming negative environmental manifestations of economic and other activities;
• de-greening of production;
• ensuring the stabilization of the ecological situation.

The main directions for the implementation of the state environmental policy should be:

• improvement of environmental legislation, the system of environmental restrictions and regulation of environmental management regimes;
• improving the economic mechanism of nature management and environmental protection, including the system of payments for natural resources, with an orientation towards an economically justified increase in the share of resource payments in the taxation system;
• creation of an optimal system of state bodies for nature management and environmental protection;
• carrying out a wide range of research and development work aimed at improving the human environment and ensuring environmental safety;
• consistent transition to international standards of technological processes and manufactured products;
• state support for the reconstruction of existing production facilities during the transition to low-waste, waste-free and resource-saving technologies;
• improving the licensing mechanism for certain types of activities that affect the environmental situation in the country;
• ensuring environmental impact assessment and environmental impact assessment in the implementation of programs and projects of economic and other activities;
• training highly qualified personnel responsible for the implementation of state environmental policy;
• improving the mechanism of financial and material and technical support for the system of environmental management and environmental protection bodies.

An important place in the implementation of environmental policy should belong to federal environmental programs. This will require a significant improvement in the methods of their development, taking into account new approaches to determine the effectiveness of environmental protection. Attraction of financial resources and investments for the purpose of environmental protection will also be relevant in the transition period.

In the longer term, one should focus on a conjugate approach to solving socio-ecological and economic problems. Actually, environmental problems should be solved as part of complex problems of the development of certain territories or in the framework of consideration of general federal scientific and technical problems. Ultimately, the environmental aspects of human activity should become an integral part of his economic activity. This is the essence of the greening process.

Taking this into account, the state policy in the field of protecting the population, industrial and social facilities from natural and man-made emergencies should be carried out in the following main directions:

• development of scientific and methodological foundations for assessing risks (threats) associated with emergency situations;
• a comprehensive assessment of the situation throughout the country in connection with natural and man-made threats and the implementation of measures to prevent emergency situations;
• ensuring control over the timely adoption of measures to protect the population and economic facilities;
• improving the construction and functioning of a unified state system for the prevention and elimination of emergency situations;
• training the population on actions in emergency situations and informing them in this area;
• social support for the population affected by emergency situations;
• development of an appropriate regulatory, legal and methodological framework;
• international cooperation in the field of emergency prevention, protection of the population and economic facilities from natural and man-made hazards.

An analysis of the environmental situation in the format of the socio-economic and political situation in Russia makes it possible to single out five main models for the implementation of state environmental policy and overcoming the environmental crisis.

Technological direction

It involves the improvement of technologies for the use of natural resources and environmental protection. Its content is based on activities to create environmentally friendly technologies for environmental management, the introduction of waste-free, low-waste production, renewal of fixed assets, improvement of technological processes.

Economic direction

It involves the development and improvement of the economic mechanism for environmental protection. This direction solves the main problem: to make environmental protection an integral part of production and commercial activities, so that an entrepreneur or business executive is interested in environmental protection no less than he is interested in producing competitive products.

Administrative and legal direction

It involves the use of administrative measures and measures of legal responsibility for environmental offenses, suspension, termination of activities of enterprises that violate environmental legislation, bringing to administrative, civil and criminal liability of persons guilty of causing harm to the natural environment.

Eco-educational direction

It involves the application of measures aimed at increasing the level of environmental culture through environmental education and information. It consists in the development of the system of environmental education, upbringing, in the restructuring of the consumer attitude to nature, i.e. in the ecological transformation of human thinking.

International legal direction

It assumes an increase in the harmonization of environmental international relations, the integration of Russia into international organizations on the way to overcome the environmental crisis as one of the global world problems of modern mankind.

The legal foundations of the state environmental policy of the Russian Federation and the directions of its implementation are established by the Decree of the President of the Russian Federation of February 4, 1994 No. 236 "On the state strategy of the Russian Federation on environmental protection and sustainable development." The provisions contained in it are the basis for constructive interaction between the state authorities of the Russian Federation and its subjects, local authorities, entrepreneurs and public associations to ensure a comprehensive solution to the problems of balanced economic development and improving the environment. Their implementation provides for the implementation of the right of citizens to a favorable environment, enshrined in the Constitution of the Russian Federation, the rights of future generations to use the natural resource potential in order to maintain sustainable development, as well as the solution of current socio-economic problems inextricably linked with the implementation of adequate measures to protect and improve the environment. environment, conservation and restoration of natural resources.

In order to ensure environmentally safe sustainable development, state regulation of nature management and stimulation of environmental activities are carried out by pursuing targeted socio-economic, financial and tax policies in the context of the development of market relations. Economic activity is focused on achieving economic prosperity in combination with environmental safety in Russia.

The main areas of activity to ensure the environmentally safe and sustainable development of the Russian Federation are:

• environmentally friendly development of industry, energy, transport and utilities;
• environmentally friendly development of agriculture;
• sustainable use of renewable natural resources;
• rational use of non-renewable natural resources;
• expanded use of secondary resources, utilization, neutralization and disposal of waste;
• improvement of management in the field of environmental protection, nature management, prevention and elimination of emergency situations.

In order to create conditions that make it possible to realize the constitutional right of citizens to live in a favorable environment, the following main areas of activity are envisaged:

• creating a healthy living environment for people in urban and rural settlements;
• development of a system of natural complexes for recreational and health resort purposes;
• improving the quality of food;
• providing the population with high-quality drinking water;
• prevention of pollution of atmospheric air and water bodies;
• ensuring the radiation safety of the population;
• prevention and reduction of the dangerous impact of natural phenomena, man-made accidents and disasters;
• environmental education and education of the population.

In order to overcome the aggravated contradictions between the development of productive forces and the preservation of ecological balance in regions with an unfavorable environment, as well as to ensure the natural development of ecosystems, the preservation and restoration of unique natural complexes and landscapes while solving territorial economic problems based on the optimization of natural resource use and environmental protection regimes, the following main areas of activity:

• removing a number of large cities and industrial centers from the ecological crisis;
• overcoming the consequences of radioactive contamination of territories;
• preservation of the natural complex of the Lake Baikal basin;
• implementation of the "Revival of the Volga" program;
• restoration of disturbed ecosystems of the Black Sea coastal strip;
• protection of the population and coastal areas from the consequences of the rise in the level of the Caspian Sea;
• preservation of natural complexes of Onega, Ladoga lakes and the Neva Bay;
• solution of environmental problems in the Far North regions with the provision of a special regime for nature management;
• preservation and restoration of the ecosystem of the sanatorium-resort complex "Caucasian Mineral Waters".

In order to develop international cooperation for the conservation, protection and restoration of the Earth's ecosystem, the following main areas of activity are envisaged:

• conservation of biodiversity;
• protection of the ozone layer;
• prevention of anthropogenic climate change;
• forest protection and reforestation;
• development and improvement of the system of specially protected natural areas;
• ensuring the safe destruction of chemical and nuclear weapons;
• solution of interstate environmental problems (transboundary pollution, problems of the Baltic, Caspian, Black and Aral seas, the Arctic region);
• restoration of the ecosystem and species composition of hydrobionts of the Azov Sea;
• solving the problems of the World Ocean.

The success of overcoming environmental problems must be associated with the regional component, taking into account the significant differences between regions, local living conditions; therefore, ensuring the country's environmentally safe development is associated with the solution of interregional problems of a nationwide nature by special structures, on which the long-term functioning of regional natural and social economic complexes depends, and the gradual improvement of the conditions and quality of life of the population.

Of particular importance for the strategy of sustainable development of regions is an assessment of the ecological situation and the degree of use of the economic capacity of the territory by local and special bodies carrying out environmental management, a generalized assessment of anthropogenic impact on the environment, taking into account the scale of pollution of the territory and the state of natural objects, which can serve as a starting point for justification priorities in the implementation of environmental activities in the development of a project for the socio-economic development of regions, target programs and investment projects by public authorities.

The legal foundations of the regional state policy are established by the Decree of the President of the Russian Federation of June 3, 1996 No. 803 "On the main provisions of regional policy in the Russian Federation", which provides for the main directions of the regional policy pursued by the constituent entities of the Russian Federation in the field of economics and environmental safety.

Under regional policy in the Russian Federation understands the system of goals and objectives of public authorities to manage the political, economic and social development of regions of the country, as well as the mechanism for their implementation.

The main goals of regional policy in the Russian Federation are:

• ensuring the economic, social, legal and organizational foundations of federalism in the Russian Federation, creating a single economic space;
• ensuring uniform minimum social standards and equal social protection, guaranteeing the social rights of citizens established by the Constitution of the Russian Federation, regardless of the economic opportunities of the regions;
• equalization of conditions for the socio-economic development of regions;
• prevention of environmental pollution, as well as elimination of the consequences of its pollution, comprehensive environmental protection of regions:
• priority development of regions of particular strategic importance;
• maximum use of the natural and climatic features of the regions;
• formation and provision of guarantees for local self-government.

The main goals of regional economic policy are:

• strengthening the economic foundations of the territorial integrity and stability of the state;
• assistance to a developed and deepening economic reform, the formation of a multi-structured economy in all regions, the formation of regional and all-Russian markets for goods, labor and capital, institutional and market infrastructure;
• reduction of excessively deep differences in the level of socio-economic development of regions, the stage-by-stage creation of conditions for strengthening their own economic base to improve the well-being of the population, rationalization of settlement systems;
• achieving an economically and socially justified level of complexity and rationalization of the structure of the regional economy, increasing its viability in market conditions;
• development of interregional infrastructure systems (transport, communications, informatics, etc.);
• stimulating the development of districts and cities that have a large scientific and technical potential and can become "locomotives" and "points of growth" for the economy of the constituent entities of the Russian Federation;
• provision of state support to areas of environmental disaster, regions with a high level of unemployment, demographic and migration problems;
• development and implementation of a scientifically based policy in relation to regions with difficult economic conditions requiring special methods of regulation (regions of the Arctic and the Far North, the Far East, border regions, etc.);
• improving the economic zoning of the country.

In the field of ensuring environmental safety and environmental protection in the context of the development of market relations at the federal and regional levels, the main directions of regional policy are:

• environmentally sound distribution of productive forces;
• environmentally friendly development of industry, agriculture, energy, transport and utilities;
• rational use of natural resources;
• preventing the emergence of contradictions in ecologically unfavorable regions of the Russian Federation between the development of productive forces and the maintenance of ecological balance;
• prevention and elimination of emergencies;
• ensuring the natural development of ecosystems, preserving and restoring unique natural complexes while solving territorial problems;
• improving management in the field of environmental protection and nature management.

Decree of the Government of the Russian Federation of March 7, 2000 No. 198 "On the Concept of State Support for Economic and Social Development of the Northern Regions" provides for the main directions of the RF state policy on environmental protection and nature management in the Northern regions.

North- a high-latitude part of the territory of Russia, characterized by harsh natural and climatic conditions, leading to increased costs of production and life support of the population. The regions of the North, in whole or in part, include the territories of 6 republics, 3 territories, 10 regions and 8 autonomous districts. More than 11.7 million people live there, of which more than 200 thousand people are representatives of 30 indigenous minorities. The northern territories play a key role in the national economy, in ensuring the security and geopolitical interests of Russia. They contain the main reserves of hydrocarbon, phosphorus and aluminum-containing raw materials, diamonds, rare, non-ferrous and precious metals, 93% of natural gas, 75% of oil, including gas condensate, 100% of diamonds, cobalt, platinoids, apatite concentrate, 90% of copper are extracted. , nickel, 2/3 gold, half of timber and fish products are produced.

When exploring and developing regions of the North, it is necessary to take into account the extremely important role of this region, which is the place of formation of global atmospheric processes, in maintaining the ecological balance on the planet. A significant number of rare and endangered species of animals and plants live here. The northern seas, primarily the Barents, Chukchi, and Bering seas, are distinguished by high productivity and a wide variety of marine organisms. The increased vulnerability of the region's ecosystem is due to the low potential for self-purification and low rates of biochemical reactions at low temperatures. This region can be considered as a reserve of territories for future generations. At the same time, for the indigenous peoples, the natural environment is an ethnic-forming factor.

At the same time, the poorly controlled process of the development of the regions of the North and the chronic lack of funds for environmental protection activities pose a threat to the development of an emergency environmental situation in the region as a whole. The main types of pollution of the natural environment of the North include chemical and radioactive pollution. The levels of chemical pollution of the waters of the northern seas in some areas of the shelf are already quite high. With the intensification of the economic use of the shelf and coastal areas, the risk of sea pollution increases significantly.

In the North of Russia there are 11 nature reserves and 15 nature reserves of federal significance. The total area of ​​specially protected natural areas in the Russian Arctic is currently 28.3 million hectares, or 4.5% of the territory of the North of the Russian Federation.

The main task of the state environmental policy in the regions of the North is to ensure environmental safety through active state regulation of nature management and stimulation of environmental protection. For its implementation, it is necessary, first of all, to improve the regulatory framework in the field of environmental protection, the system of standards, norms and environmental requirements for economic activity in the North in order to ensure an environmentally oriented restructuring of the economic complex of the region. Along with this, measures should be taken to improve the situation in ecologically unfavorable areas through rehabilitation measures, reconstruction of production facilities and the introduction of environmentally friendly technologies, ensure the disposal, neutralization and safe disposal of radioactive and other waste, reduce emissions and discharges of pollutants, expand the network of specially protected natural territories.

It is necessary to organize an effective system of environmental monitoring and state environmental control, providing operational control of the background state of natural complexes, an assessment of natural and climatic changes occurring in various environments under the influence of natural and anthropogenic factors, as well as an assessment of the role of northern territories in global processes. To this end, it is necessary to create specialized automated technical means for studying the natural environment of the region, tracking ice, hydrometeorological and geophysical conditions, and widely using remote sensing methods and research tools.

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

The concept of "sustainable development" first appeared in 1987 in the text of the final report of the International Commission on Environment and Development. There it was defined as a development in which the needs of the present generation are met without prejudice to the ability of future generations to fulfill their own needs, and the load on the natural environment would be commensurate with its regenerative capabilities.

Sustainable development must meet a range 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 became the main topic of the All-Russian Congress on Nature Conservation (Moscow, June 3-5, 1995).

The ecological 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, environmentally safe use of 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 the state authorities of the Russian Federation and its subjects, local authorities, entrepreneurs and public associations to ensure a comprehensive solution to the problems of balanced economic development and improving the environment. The Executive Summary includes four sections:

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

2. Protection of the human environment.

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

4. Participation in solving global environmental problems.

Requirements for activities to ensure environmentally friendly sustainable development include: environmentally sound distribution of productive forces; environmentally friendly development of industry, energy, transport and utilities; environmentally friendly development of agriculture; efficient use of renewable natural resources; rational use of non-renewable natural resources; expanded use of secondary resources, utilization, 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."

contradictions between the needs of society for natural resources and the possibilities of their satisfaction 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 proceed from the consistent implementation of interrelated fundamental ideas:

greening of economic activity in the process of increasing the share of national property in the structure of national wealth, ensuring the maintenance of the necessary economic growth of the country and solving 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 natural resource potential;

the formation of the noosphere and ensuring the growth of national wealth through advanced training of workers and the growth of 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.

To implement the goals of sustainable development, it is necessary to transform the regulatory framework, economic and administrative instruments, to ensure the greening of the budget and tax systems, structural, investment and foreign economic policies.

On April 1, 1996, the President of the Russian Federation signed Decree No. 440 "On the Concept of the Russian Federation's Transition to Sustainable Development". In pursuance of this Decree, on May 8, 1996, the Government of the Russian Federation adopted Resolution No. 559 "On the Development of a Draft State Strategy for Sustainable Development of the Russian Federation". This Resolution instructed the federal executive authorities, 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, to 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 quite contradictory. On the one hand, Presidential Decree No. 867 of 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, the 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 the state environmental policy.

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

In order to reverse the dangerous trend of de-ecologicalization of the country, it is necessary to change the foundations of the 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 domestic and foreign policy;

to a constructive dialogue between the authorities and all sectors of society on the 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 using and disposing of natural resources, effective delineation of powers between federal authorities, authorities of the subjects of the Federation and local governments;

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

Legal and organizational basis for environmental protection

Management and legal regulation of environmental safety

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

1. States should introduce effective environmental legislation. 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 have suffered from this.

Academician N.N. Moiseev outlined the current situation in a generalized form as follows: "The further development of civilization is possible only under the conditions of coordinating the strategy of nature and the strategy of man."

In various historical periods of the development of our country, the system of environmental management, control and supervision bodies has always depended on the form of organization of environmental protection. When the issues of environmental protection were solved through the rational use of natural resources, management and control were carried out by many organizations. So, in the former USSR, 18 different ministries and departments were involved in the management and protection of the natural environment.

Natural objects such 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 the operation and use of natural objects. It turned out that the ministry or department on behalf of the state controlled itself. There was no common coordinating body that would integrate environmental activities. It is clear that such a system of management and control gave rise to a criminal attitude towards nature, first of all, 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 for 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 Russian Academy of Sciences A.V. Yablokova, “... any, the most remarkable legislative acts cannot be implemented without the support of the people. And not so long ago people were guided to take everything possible from nature, and quickly. " Until now, this approach often remains dominant.

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

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

9.1.2. Environmental legislation.

Environmental protection and rational use of natural resources are a complex and multifaceted problem. Its solution is associated with the regulation of the relationship between man and nature, their subordination to a certain system of legal provisions, 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 the 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 in the interests of present and future generations.

This is a system of state measures, enshrined in law and aimed at preserving, restoring and improving the favorable conditions necessary for the life of people 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 material and technical support of environmental actions;

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

4) legal responsibility of offenders.

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

The totality of environmental standards and legal acts, united by the commonality of the object, subjects, principles and goals of legal protection, in Russia forms environmental (ecological) legislation.

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

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

The Constitution of the Russian Federation contains two very important norms, 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 to 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 relationship between the Federation and the subjects of the Federation. According to Art. 72 use, possession and disposal of land, subsoil, water and other natural resources, nature management, environmental protection and environmental safety are the joint competence of the Federation and the constituent entities of the Federation.

On the subject of its jurisdiction, the Russian Federation adopts federal laws, which 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 a general rule: laws and other legal acts of the constituent entities of the Federation must not contradict federal laws.

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

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

Into the subsystem natural resource legislation includes: the Land Code of the Russian Federation, the Law of the Russian Federation "On Subsoil", the Fundamentals of the Forestry 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 - regulations of federal ministries and departments;

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

IV - regulatory decisions of local governments.

December 2001 was adopted Federal Law "On Environmental Protection", which determines the legal basis of state policy in the field of environmental protection. This law is intended to ensure a balanced solution to socio-economic problems, 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 enshrined 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;

- rationing in the field of environmental protection;

- environmental impact assessment and ecological expertise;

Requirements in the field of environmental protection in the implementation of economic activities;

- zones of ecological disasters, 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;

- the foundations of the formation of ecological culture;

- international cooperation in the field of environmental protection.

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

It regulates sanitary relations associated with protecting health from the adverse effects of the external environment - industrial, household, natural. The 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 burial, processing, neutralization and disposal of industrial and household waste, etc.

9.1.3. Environmental protection management and environmental safety control.

At the federal level, environmental protection (EP) management 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 Emergency Situations of the Russian Federation.

At the regional level, environmental protection management is carried out by representative and executive authorities, local self-government bodies, as well as territorial bodies of the above 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 the main types of environmental management.

Departments of nature protection (environmental protection) are created at industrial facilities for environmental protection management.

The basis for environmental management is the legislative and secondary legislation discussed above, which presuppose a unified management system in the country, as well as international cooperation in the field of nature protection. Environmental 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. The system distinguishes between three levels: sanitary-toxic, ecological and biosphere.

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

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

Environmental monitoring - determination of changes in ecological systems (biogeocenoses), natural complexes and their productivity. It is also responsible for 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, which is monitored 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 for monitoring the atmosphere, hydrosphere, soil and the operation of gas cleaning and dust collecting installations. Local sanitary and toxic monitoring is carried out in cities and towns, on highways 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 monitoring posts for air pollution: stationary, route, mobile (flare). The stationary post is designed for continuous recording of the content of pollutants and regular sampling of air for subsequent analyzes; route - for regular sampling of air at a fixed point of the terrain during observations, which are carried out according to the schedule sequentially in time at several points. A mobile (underflare) post is required for sampling under a smoke (gas) torch.

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

Depending on the size of 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 difficult terrain (elevated places and depressions) and a significant number of pollution sources, one stationary post is installed on an area of ​​5 - 10 km 2, in a flat area - one stationary post per 10 - 20 km 2.

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

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

Observations are made according to the full program for the content of dust, sulfur dioxide, carbon monoxide, nitrogen dioxide (the main pollutants) and for specific substances that are characteristic of the 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 of the inventory of sources of emission into the atmosphere.

Observations on an incomplete program are allowed to be carried out in order to obtain operational information daily at 07, 13, 19 hours of local daylight saving 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.

According to the abbreviated monitoring program for the main pollutants and for one or two of the most common specific pollutants, they are carried out daily at 07:00 and 13:00 local daylight saving 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 analysis method for a given substance are systematically observed during the month. Air samples are taken at a height of 1.5 ÷ 2.5 m from the ground surface.

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 water use point for household and drinking purposes, places for bathing, recreation, the territory of settlements; on stagnant water bodies - 1 km from the water use point (along the coastline).

Organization of monitoring of the state of the environment 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 soil are 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.

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 (MPE). With regard to industrial enterprises, the rules for establishing MPE are determined by GOST. The emission control procedures are developed by the enterprises themselves. Emissions from chimneys are subject to control; exhaust systems for melting and casting units; drying plants; heating and electrothermal furnaces of press-forging and thermal shops and other units of various industries.

When controlling the MPE, the main methods should be direct methods for measuring the concentrations of harmful substances and the volumes of the gas-air mixture in the places of their direct release or after gas cleaning 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 complete release of the harmful substance during this time.

The survey is carried out during the operation of the equipment in the working (design) mode; in case of 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. Vehicle emissions are monitored by their owners, as well as by the State Traffic Safety Inspectorate (GIBDD).

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

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

Improving the efficiency of the engine;

Introduction of low-toxic, environmentally friendly fuel.

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

The social, social and legal meaning of MPE is that harm caused to human health and the natural environment is a consequence of exceeding the permissible concentration of harmful substances in the atmosphere, in water bodies or soil. Exceeding the maximum permissible concentration is a consequence of exceeding the maximum permissible concentration 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 managers to legal responsibility.

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

The problem is not being solved due to the fact that not a single polluting enterprise can be brought to criminal or administrative responsibility, since they operate on the basis of permits for emission (discharge) issued by the environmental protection authorities. The only form of liability is compensation for damage to the polluting enterprise. Moreover, such reimbursement is carried out regardless of the degree of fault and, therefore, takes the form of pollution charges.