Objects of environmental protection. Objects of environmental protection

Natural and social values form the environment in which a person lives.

From the social objects included in material world surrounding a person natural objects differ in the following features: a) natural origin. Unlike objects social peace, objects of nature appeared in the process of evolutionary development of the biosphere. They have no value in terms of human labor costs, in some cases they have the properties of irreversibility, irreversibility of the changes made. Of course, such a sign does not exclude the possibility of restoring and reproducing individual elements of the natural world, improving their natural qualities. But such activities are not aimed at creating a natural environment, but at returning to it the amount of natural substance that was withdrawn and consumed by man in the course of his labor and recreational activities. The natural nature of the origin of objects of nature and the resulting lack of value does not prevent economic and monetary valuation natural resources. It is important to ensure rational use natural resources in the economy, to calculate the damage caused to the natural environment, the restoration and reproduction of natural resources.

b) ecological interconnection and interdependence among themselves, allowing them to function as part of natural ecosystems and, therefore, ensure the quality of the habitat. The sign of ecological interconnection helps to distinguish objects of nature from those components natural environment, which, by the will of man, were withdrawn from it and moved from the natural world, subject to the laws of the development of nature, into the social world, where other laws of development operate.
c) social and environmental value. This mandatory feature is manifested in the ability of an object of nature to carry out environmental, economic and other social functions(cultural and recreational, aesthetic, scientific, educational, etc.). The ecological function ensures the quality of the OS, the biological mode of life. It is the main thing for a natural object and a person. Its loss, caused by a break in the connection of an object of nature with the natural environment, transfers it to the category of property, switches it from the ecological system to the system of other social ties of society. economic function natural objects emphasizes the natural resource significance of an object of nature as a source of material consumption.

Therefore, in a scientific context, a natural object is integral part An environment protected by the current legislation, having signs of natural origin, a state in the ecological chain of natural systems and capable of performing ecological, economic and other socially significant functions and ensuring the quality of the human environment.

The opinion of Osipov G.I. also deserves attention, he believes that the objects of environmental legal relations can be natural phenomena, processes, territories consisting of interconnected natural elements. In this understanding, the natural environment includes natural environments that reflect its composition, structural interactions, processes that characterize the natural environment as a single system. It seems that this point of view currently does not contradict the position of the legislator, because according to the law "On the Protection of the Environment" (Article 1), a natural object is an ecological system, a natural landscape and their constituent elements that have retained their natural properties.

Article 4 of the Law "On Environmental Protection" of 2001 fixes the list of objects to be protected from pollution, damage, depletion and other types of harmful effects of economic and other activities. At the same time, priority should be given to protecting natural ecosystems, natural landscapes and natural complexes that have not been subjected to anthropogenic impact, and special protection - objects that have a special status, for example, included in the List of World Cultural Heritage, National parks etc. In other words, in the legislation, the objects of protection are individual components (elements) of the environment, the biosphere, either taken separately or forming specific structures, such as ecosystems, the World Ocean, etc., the environment as a whole, or parts thereof.

An analysis of the structure and content of the environmental and natural resource branches of legislation, the legal relations regulated by them, makes it possible to single out, along with the environment, land, subsoil, forests, wildlife, water, atmospheric air, the continental shelf, the marine environment, specially protected natural areas and objects, flora outside the forests. All of them, except for specially protected areas, are natural resources, i.e. the totality of the physical being of any of the elements of the environment, the scope of which may be limited by territorial, natural-geographical, legal and other features. It is important that this group of objects is not characterized by individually defined features.

It is necessary to distinguish between the concepts of "natural resource" and "natural object", where the latter acts as an individually defined element (component) of the environment. Both in the doctrine and in the legislation, speaking of natural resources, their consumer nature is emphasized: they are used or can be used by a person to meet his needs, Truntsevsky Yu.V. and Yezhov Yu.A.

Truntsevsky Yu.V., Yezhov Yu.A. Theoretical problems formation of legislation on the protection of the environment. Zhur. "Environmental Law". No. 1. 2001. S. 25 From the point of view of law, the division of natural resources into two groups - inexhaustible and exhaustible, the latter, in turn, can be renewable and non-renewable. Inexhaustible (inexhaustible) resources include solar, climatic, energy, etc.. Exhaustible should include resources, the amount of which is steadily decreasing as they are extracted or removed from the natural environment - forest, land, fauna, etc. Division of resources into renewable and no, it matters for regulating the obligation of the nature user to reproduce natural resources. Renewable resources through reproduction include forests, wildlife living in a state of natural freedom, fish stocks. There is a category of relatively renewable natural resources, so fresh water can be obtained by desalination sea water. Theoretically, the soil is also recoverable, but if it is contaminated with radioactive waste, the processes of its reclamation can stretch for millions of years. Brinchuk M.M., Dubovik O.L., Kolbasov O.S. Environmental law: from ideas to practice. M. RAN. 1997. There are other classifications of natural resources.

Part 1 of Article 4 of the Law defines differentiated natural objects. It is logical that the legislator singles out the Earth as the first in a series of individual natural objects. Due to the lack of legislative consolidation of the term "land", consider several of its meanings: "Ecology". Legal encyclopedic Dictionary. Norm. M. 2000. a) planet solar system(in this sense, the word "Earth" is written with capital letter); b) land - in contrast to water bodies; c) a natural object, part of the natural environment - the surface of the earth's crust, incl. covered with water.

Earth is the place of human life, the basis of the existence of flora and fauna, the place of occurrence of minerals and the location of water bodies. It is directly connected with all natural objects and forms the basis of their existence and interaction.

The earth is involved in social relations, performing various functions in the activities of people. Part of the relations concerning the land, which is of a legal nature, is regulated by the norms of land law.

Land is an object of legal relations depending on the role it plays in human life and the environment: a) land, being itself an object of nature, is at the same time the basis for the location of other natural objects. Fulfilling this function, the land is, first of all, the object of relations regulated by the legislation on environmental protection. In addition, land relations in the performance of this function by the land intersect with relations regarding the use of an animal, flora, water bodies and subsoil. Therefore, part of the land relations is regulated by the relevant branches of the natural resource legislation of the Russian Federation; b) within the limits of the established boundaries, the land is the territory on which the state exercises its sovereignty. On the basis of the Constitution of the Russian Federation, land as a territory turns out to be a place of interaction between the interests of the Federation as a whole, the subjects of the Russian Federation and administrative-territorial units. The main relations concerning the earth in this case are regulated by the constitutional legislation; c) land acts as a special type of property that may be in the possession, use and disposal of the state, municipalities, citizens or legal entities. In this case, real estate is not land as a whole, but a land plot - an object of civil law relations.

The peculiarity of the regulation of relations regarding land lies in the fact that when using each land plot, almost all the main functions of the land intersect and the land plot is both an object of real estate, and an object of nature, and the territory of the state.

When the earth performs one of the listed functions in human activity, each time social relations turn to certain qualities of the earth. For land as an object of nature, such qualities as the fertility of the upper layer - the soil, as well as the impossibility of replacing land with another object to perform the listed functions, are important. These qualities make the earth an object close attention from the environmental policy of the state and society.

In addition to the listed functions, the land, as the territory of the state and the object of real estate, has such qualities as spatial limitation and constancy of location. These qualities indicate, first of all, that the borders of the state and the boundaries of any land plot have geographical coordinates that belong only to these and no other territories. These properties distinguish the land both as the territory of the state and as real estate, they are also important when it is necessary to establish the boundaries of land with a certain legal regime (agricultural land, transport land, etc.).

The spatial limitation of the earth is also understood in global scale, since the amount of land is determined by the characteristics of the planet and cannot be changed at the will of man.

In the Land Code of the Russian Federation Land Code of the Russian Federation. SZ RF. 2001. No. 44 states that the land is the basis of the life and activity of peoples, which is both a natural object and a resource, real estate, an object of property rights and other rights, and a component of the environment. A related concept is “soil”, and subordinate ones are “land”, “agricultural lands”, “water fund lands”, etc. Let us pay attention to the fact that in addition to the earth, soils are also named. Whether there is a legal sense in their selection as an independent object?. Yes and no". Everything depends on the legal understanding of land as an object of law. So, Kolbasov O.S. writes that land is a conditional category that has only one dimension - the area, calculated square meters, kilometers, hectares. Unlike soil, which is a surface layer, and also unlike soil, the earth has no thickness, cannot be measured in terms of volume and weight, and most importantly, it cannot be separated from the surface. the globe. Kolbasov O.S. Results of science and technology. Protection and reproduction of natural resources. M. 1978. V.5. p.70 Based on the above, it is assumed that the soil layer can be separated from the ground. At the same time Petrov V.V. considers that in a legal sense, land is a surface covering a fertile layer of soil. Petrov V.V. Ecological law of Russia. Uch. M. BEK. 1995. P.106. According to Brinchuk M.M. Brinchuk M.M. On the draft Federal Law “On the introduction of amendments and additions to the law of the RSFSR “On the protection of the OPS”. Zhur. Environmental law. 2001. No. 3. S. 24. in the legislation should be used as an independent object of environmental relations of the soil. Relations regarding the land will be regulated as a space, an operational basis.

Subsoil Law of the Russian Federation "On Subsoil" (as amended on March 3, 1995) SZ RF. 1995. No. 10 - part of the earth's crust, located below the soil layer and the bottom of water bodies, extending to depths accessible for geological study and human development. Related concepts are: "mineral reserves", "minerals", "hydromineral resources", "mineral resources". Let us note that the law "On the Protection of OPS" (1991) applies to the objects of protection of the land and its subsoil. It turned out that the subsoil was not an independent object of environmental relations and was protected as part of the land, which contradicted both the legislation and the doctrine of environmental law. At present, this contradiction has been eliminated, which indicates the gradual improvement of the environmental legislation of Russia.

Environmental Law Sergey Bogolyubov

§ 5. Objects of environmental protection

(natural systems; natural resources and other objects of protection; specially protected territories and objects)

Objects of environmental protection are understood as its components that are in an ecological relationship, the relations for the use and protection of which are regulated by law, since they are of economic, environmental, recreational and other interest. Objects are classified into three groups.

natural systems

This group includes ecological systems and the ozone layer, which are of global importance. They provide a continuous process of exchange of substances and energy within nature, between nature and man, representing the natural habitat of man. As already noted, the environment and its protected objects are understood only as natural components: the natural habitat protected by law does not include commodity-material objects created by man; parts of nature that have come out of an ecological connection with nature (water taken from it - in a tap, animals taken from natural conditions); elements of nature that are not given time social value or whose protection is not yet possible.

For example, the ozone layer is essential part near-Earth space, which seriously affects the state of heat exchange between the Earth and Space. States are taking measures to protect it (they are discussed in more detail in the topic on the protection of atmospheric air). Not all of them are implemented sufficiently. It is even more difficult for states to come to an agreement and protect the spaces more remote from the Earth from pollution by aircraft, research and observation devices.

Natural or geographical landscapes are subject to protection - natural complexes, which include natural components that are in interaction, forming a terrain. Typical landscapes are mountainous, foothills, flat, hilly, lowlands. They are taken into account and used in the construction of cities, laying roads, organizing tourism.

Thus, what is located on the territory of Russia or above it, as well as what can be protected with the help of modern technical means and through legal regulation, is subject to protection from pollution, damage, damage, depletion, destruction.

Natural resources and other objects of protection

There are six main individual natural resources and objects to be protected: land, its subsoil, water, forests, wildlife, atmospheric air (separate topics of the special part of the textbook are devoted to the analysis of their protection).

Under the ground is understood the surface covering the fertile soil layer. The most valuable are agricultural lands intended for agriculture (arable land) and animal husbandry. They cannot be replaced by anything, are exposed to wind and water erosion, clogging and pollution, and therefore deserve increased protection. Agricultural lands make up 37% of all land in the country, but their area is constantly decreasing due to the growth of cities, the construction of roads, reservoirs, the laying of power lines and communications. Non-agricultural lands serve as a spatial operational basis for accommodating other sectors of the national economy.

Subsoil is considered to be a part of the earth's crust, located below the soil layer and the bottom of water bodies, extending to the depths available for study and development. The subsoil also includes the surface of the earth if it contains mineral reserves. There are two main problems - the integrated use of mineral resources due to their non-renewability and the disposal of waste, especially toxic ones, in the bowels. The legal regulation of the protection of the earth's subsoil is carried out in the Federal Law "On Subsoil" of 1995.

Water - all water in water bodies. Waters can be surface and underground; a water body is a concentration of waters on the surface of the land in the forms of its relief or in the depths, having boundaries, volume and features of the water regime. The main task in the use of water is the provision of adequate drinking water supply, the prevention of pollution and depletion of water from industrial and domestic discharges. The main act in this area is the 1995 VK RF.

The objects of protection are forests and other vegetation, their main function is to meet the needs for wood, produce oxygen (“lungs of the planet”), and recreation. Problems - cutting, littering, fires, reforestation. Main legal regulation protection, rational use and protection of forests is carried out by the RF LC 1997.

Animal world, microorganisms, genetic fund are also objects of environmental protection. The animal world is a collection of living organisms of all kinds of wild animals that permanently or temporarily inhabit the territory of Russia and are in a state of natural freedom, as well as belonging to the natural resources of the continental shelf and exclusive economic zone Russia. Its protection is based on federal law"About the Animal World" 1995

Microorganisms or microflora are microbes, mostly unicellular protozoa - bacteria, yeast, fungi, algae, visible only under a microscope, are found in soil, water, food products, human body. Science ceases to divide them into useful and disease-causing ones: in an ecological relationship, they are part of the habitat and therefore are subject to study.

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

A peculiar object of protection is the atmospheric air, which embodies the natural environment, human environment. Modern topical issues are considered to be the prevention of noise and radiation - specific effects on humans, transmitted mainly through atmospheric air. Its protection is carried out in accordance with the Law of the RSFSR "On the Protection of Atmospheric Air" of 1982.

Specially protected territories and objects

All attainable natural objects - components of the environment are subject to protection, but specially allocated territories and parts of nature deserve special protection. In our country, their territory is about 1.2%. These are nature reserves, national parks, wildlife sanctuaries, natural monuments, endangered species of plants and animals listed in the Red Book.

The regulation of their protection and use is carried out on the basis of the Federal Law "On Natural Medical Resources, Health Resorts and Resorts" of 1995 and the Federal Law "On Specially Protected natural areas» 1995. The main problems are the preservation and expansion of specially protected territories and objects and the maintenance of the declared special reserve regime in them (a special topic is also devoted to their consideration).

? test questions

What are the principles of environmental protection?

What are the basic principles of environmental protection?

What does sustainable development And what is its main strategy?

What forms of legal support of environmental relations are used?

What are the principles and foundations of international cooperation in the field of environmental protection? What is their significance? What is their legal nature?

What is the classification of environmental protection objects?

What six major natural resources are subject to legal protection?

Essay topics

The role of the principles of environmental protection in environmental law.

Problems of the relationship between economics and ecology: general and special.

Stages and stages of functioning of the legal ecological system.

Literature

Legal protection of the natural environment in countries of Eastern Europe. M.: graduate School. 1990.

Ecological law of Russia. Collection of normative acts. / Ed. BUT. K. Golichenkova. M., 1997.

Brinchuk M. M., Dubovik O. L., Zhavoronkova N. G., Kolbasov O. S. Environmental law: from ideas to practice. M.: RAN, 1997.

On the way to sustainable development of Russia. Bulletin of the Center for Environmental Policy of Russia. M., 1996-1998.

Gore El. Earth on the scales. Ecology and human spirit. M., 1993.

Legal reform: development concepts Russian legislation. M.: IZiSP, 1995.

Douglas O. Three Hundred Years' War. Chronicle of ecological disaster. M., 1975.

Zlotnikova T.V. Legislative framework for environmental safety in Russian Federation. M., 1995.

Kolbasov O.S. International legal protection of the environment. M., 1982.

Krasnova I. O. Environmental Law and Governance in the United States (Foreword S. A. Bogolyubova). Moscow: Baikal Academy, 1992.

Robinson N.A. Legal regulation of nature management and environmental protection in the United States (afterword O. S. Kolbasova). Moscow: Progress, 1990.

Comparative review of the legislation of the states-participants of the CIS. M., 1995.

Decree of the Government of the Russian Federation "On the conclusion of an Agreement between the Government of the Russian Federation and the Government of the Kingdom of Sweden on cooperation in the field of regulation of nuclear and radiation safety in the use of atomic energy for peaceful purposes" dated November 22, 1997

Decree of the Government of the Russian Federation "On Ensuring the Implementation of the Provisions of the Protocol on Environmental Protection to the Antarctic Treaty" dated December 18, 1997

author Sazykin Artem Vasilievich

13. The organizational mechanism for environmental protection The organizational mechanism for environmental protection includes the main activities in this area.

From book Legal basis forensic medicine and forensic psychiatry in the Russian Federation: Collection of normative legal acts author author unknown

16. Standards in the field of environmental protection allowable norms impact on the environment from anthropogenic human activities. General requirements for the content of these norms

From the book Code of Offenses of the Republic of Moldova in force from 05/31/2009 author author unknown

20. Legal liability in the field of environmental protection An environmental offense is a guilty, unlawful act that violates environmental legislation and causes harm to the environment and human health.

From the book European Union Law author Kashkin Sergey Yurievich

49. International legal mechanism for the protection of the natural environment

From the book Environmental Law author Bogolyubov Sergey Alexandrovich

51. International cooperation in the field of environmental protection

From the book Environmental Law author Puryaeva Anna Yurievna

ARTICLE 4. Objects of environmental protection

From the author's book

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

From the author's book

Chapter V. REGULATION IN THE FIELD OF ENVIRONMENTAL PROTECTION ARTICLE 20. Requirements for the development of standards in the field of environmental protection Development of standards in the field of environmental protection includes:

From the author's book

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

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Chapter IX OFFENSES IN THE FIELD OF ENVIRONMENTAL PROTECTION Article 109. Violation of the water protection regime

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

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

From the author's book

§ 2. The right of citizens to associations for the protection of the environment (creation of environmental associations; the state and associations of citizens; registration of public associations; rights and obligations of environmental associations)

From the author's book

Chapter V Public administration in the field of environmental protection The eponymous chapter is devoted to the fundamentals of environmental protection management. II Federal Law "On Environmental Protection". The legislator allocates powers: for state bodies

From the author's book

Chapter IX Economic Mechanism for Environmental Protection. Rationing in the field of environmental protection The economic mechanism for environmental protection has several constituent elements. First, the use of natural resources is paid. Legislator

From the author's book

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

Objects of environmental protection are components of the natural environment (earth, subsoil, soil, surface and underground waters, forests and other vegetation, animals and other organisms and their genetic fund, atmospheric air, the ozone layer of the atmosphere, near-Earth space).

Objects of environmental protection are its components that are in an ecological relationship, the relations for the use and protection of which are regulated by law, since they are of economic, environmental, recreational, demographic and aesthetic interest. They are classified into three groups:

Earth, its subsoil, water, forests, wildlife and atmospheric air.

Earth- natural resource, an integral part of the biosphere, necessary condition the existence of life, the basis of any human activity, the surface covering the fertile soil layer. The most valuable is agricultural. ne/s lands serve as the basis for the management and placement of other sectors of the national economy.

Bosom- part of the earth's crust, located below the soil layer and the bottom of water bodies, extending to the depths available for study and development, as well as the surface of the earth, if it contains mineral reserves. Z RF "On bowels".

Water- all water in water bodies. The main task in the use of water is to ensure adequate drinking water supply, prevention of pollution and depletion of water from industrial and domestic emissions. Water Code of the Russian Federation.

Forests and other vegetation- their function is to satisfy the needs for wood, oxygen production, recreation (restoration of health by resting outside the home). Problems - cutting, littering, fires, reproduction of forests and other green spaces. Forest Code of the Russian Federation.

Fauna, animals, other organisms, their genetic fund. Federal Law 2 On the Animal World. Microorganisms and microflora - microbes, bacteria, yeast, fungi, algae - are distinguishable only under a microscope and are found in soil, water, food products. The gene pool is a set of species of living organisms with their manifest and potential hereditary inclinations. environment => appearance of mutants.

atmospheric air. Actual problems: prevention of noise and radiation. Federal Law "On the Protection of Atmospheric Air". To this object of protection env. environments adjoin the ozone layer of the atmosphere and near-Earth space.

Natural ecological systems, natural landscapes and natural complexes that are not subject to anthropogenic impact and are of global importance to be protected as a matter of priority.

natural ecological system(Article 1 of the Federal Law on environmental protection) - an objectively existing part of the natural system, which has spatial and territorial boundaries and in which living and non-living elements interact as a single functional whole and are interconnected by metabolism and energy.

natural landscape - a territory that has not been changed as a result of economic and other activities and is characterized by a combination of certain types of terrain, soils, vegetation, formed in uniform climatic conditions.

Natural complex - a complex of functionally and naturally interconnected natural objects, united by geographical and other relevant features.

Objects of special protection:

Sites included in the World Cultural Heritage List and the World Natural Heritage List; reserves, national, natural and dendrological parks, reserves, botanical gardens, natural monuments, rare or endangered soils, forests and other vegetation, plant and animal species, other organisms, their habitats, especially those listed in the Red Book, as well as the continental loop and the exclusive economic zone of the Russian Federation,
Therapeutic areas and resorts, original habitat, places of traditional residence and households. activities of the indigenous peoples of the Russian Federation, objects of special environmental, scientific, historical, cultural, aesthetic, recreational, health and other value. Federal Law "On natural medical resources, health-improving areas and resorts".

Subject, methods and system of environmental law

The concept and subject of environmental law.

The concept of ecology was first proposed only in 1866 by the German naturalist Ernst Haeckel and initially had a purely biological character. Namely, it denoted the science of the processes of self-regulation that arose in the communities of organisms during their interaction with each other and with the environment. Literally translated from Greek, it means "eco" - a house, dwelling, place of stay, "logos" - teaching.

Since the 30s of the 20th century, the sociocultural direction of ecology began to develop. Since it took scientific approach to the study of the relationship between man, society and the biosphere.

Section social ecology is legal ecology or, in other words, environmental law. Historically, there have been two main forms of interaction between society and nature:

Consumption of natural resources of a person to satisfy a person of his material and spiritual needs. This form can be called the economic form of interaction.
Environmental protection in order to preserve a person as a biological and social organism, as well as the protection of his habitat. This form can be called an ecological form of interaction.

The subject of environmental law is public relations in the field of interaction between society and nature. Public relations because these are relations between subjects of law regarding one form or another of the use of natural resources or environmental protection.

These relationships are divided into:

Industry relations, that is, relations on the use and protection of land, subsoil, forests, waters, wildlife, atmospheric air.
Relations are complex, on the protection and use of natural complexes in the aggregate (reserves, sanctuaries, other specially protected natural areas, sanitary zones, recreational areas etc.).

The objects of ecological relations are either individual natural objects or entire natural complexes.

The subjects of environmental relations are, on the one hand, the state represented by a specially authorized body as a mandatory participant in such relations, and on the other hand, an economic entity, it can be a legal entity of any organizational and legal form and form of ownership, and an individual. Between individuals or between legal entities no relationship arises.

Based on the foregoing, the following definition can be given.

Environmental law is a set legal regulations governing social relations in the field of interaction between society and nature in the interests of the conservation and rational use of the natural environment for present and future generations.

Method.

The basis of the emergence of environmental legal relations is the method of legal regulation. A method is a way of influencing public environmental legal relations. In environmental law, the following methods are common:

Administrative-legal method. It is based on relations of power and subordination and, accordingly, proceeds from the unequal position of the parties. For example: any manufacturing enterprise in its activities emits harmful pollutants into the air, however, this right is not natural, but is exercised only on the basis of a permit issued by a specially authorized government agency, which indicates the volume of emissions, the period, the amount of the fee and other conditions.
Civil law method. Unlike the first one, it is based on the equality of the parties and on economic instruments of regulation. For example: between a specially authorized state body and an economic entity, an agreement can be concluded for the use of a certain natural resource (lease agreement for a forest plot), in which the parties have approximately the same rights and obligations. Such relations are regulated not only by forest legislation, but also by civil law.
Ecological method. Means that all other areas of legislation must comply with currently established environmental rules, norms, regulations, etc. (fuel classes (Euro 1, Euro 2)).

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

EP can be considered:

1. As a branch of law

2. As an academic discipline

3. As a science.

As an academic discipline and science, environmental law includes general, special and special parts. The general part studies: concept, subject, method, sources, objects of protection, ownership of natural resources, public administration in the field of protection of the state environment, ecological expertise, audit, certification, supervision, control, liability for environmental offenses and some other issues. A special part studies issues related to the use and protection of individual natural resources or entire natural complexes. Special part studies environmental law in foreign countries and international environmental law.

As a branch of law, environmental law consists of two subsystems: pyroprotection law and natural resource law.

Environmental law studies: general provisions, goals and objectives of protection, basic principles of protection, environmental rights of citizens, economic mechanism for environmental protection, regulation in this area, dispute resolution, liability for environmental offenses, international cooperation in this area.

Natural resource law consists of land, water, forest, mountain, faunistic, air protection law.

Each of these resource sectors has a common and a special part.

Objects of environmental protection

Article 4 of the Federal Law "On Environmental Protection" defines the following objects of environmental protection:

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

land, subsoil, soil;

surface and ground waters;

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

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

They are called classical objects.

2. As a matter of priority, natural ecological systems, natural landscapes and natural complexes that have not been subjected to anthropogenic impact shall be subject to protection - objects untouched by anthropogenic activity.

3. Objects included in the List are subject to special protection. world heritage, state natural reserves, including biosphere reserves, state nature reserves, natural monuments, national, natural and dendrological parks, botanical gardens, health-improving areas and resorts, other natural complexes, original habitat, places of traditional residence and economic activity indigenous peoples of the Russian Federation, objects of special environmental, scientific, historical, cultural, aesthetic, recreational, health and other value, the continental shelf and the exclusive economic zone of the Russian Federation, as well as rare or endangered soils, forests and other vegetation, animals and other organisms and their habitats.

Chapter 9 of the Federal Law establishes natural objects that are under special protection.

Article 58. Measures for the protection of natural objects

1. Natural objects of special environmental, scientific, historical, cultural, aesthetic, recreational, health and other value value are under special protection. To protect such natural objects, a special legal regime is established, including the creation of specially protected natural areas.

2. The procedure for the creation and functioning of specially protected natural territories is regulated by the legislation on specially protected natural territories.

3. State natural reserves, including state natural biosphere reserves, state natural reserves, natural monuments, national parks, dendrological parks, natural parks, botanical gardens and other specially protected areas, natural objects that have special environmental, scientific, historical and cultural , aesthetic, recreational, health-improving and other valuable value, form a natural reserve fund.

4. Withdrawal of lands of the natural reserve fund is prohibited, with the exception of cases provided for by federal laws.

5. Lands within the boundaries of the territories on which natural objects of special environmental, scientific, historical, cultural, aesthetic, recreational, health-improving and other valuable significance and are under special protection are located are not subject to privatization.

Article 59. Legal regime for the protection of natural objects

1. The legal regime for the protection of natural objects is established by the legislation in the field of environmental protection, as well as other legislation of the Russian Federation.

2. It is prohibited to conduct economic and other activities that provide negative impact on the environment and leading to the degradation and (or) destruction of natural objects that have a special environmental, scientific, historical, cultural, aesthetic, recreational, health and other value and are under special protection.

Article 60. Protection of rare and endangered plants, animals and other organisms

1. In order to protect and record rare and endangered plants, animals and other organisms, the Red Book of the Russian Federation and the Red Books of the constituent entities of the Russian Federation are established. Plants, animals and other organisms belonging to the species listed in the Red Books are everywhere subject to withdrawal from economic use. In order to preserve rare and endangered plants, animals and other organisms, their genetic fund must be preserved in low-temperature genetic banks, as well as in an artificially created habitat. Activities leading to a reduction in the number of these plants, animals and other organisms and worsening their habitat are prohibited.

2. The procedure for the protection of rare and endangered plants, animals and other organisms, the procedure for maintaining the Red Book of the Russian Federation, the red books of the subjects of the Russian Federation, as well as the procedure for preserving their genetic fund in low-temperature genetic banks and in an artificially created habitat is determined by legislation in the field of environmental protection.

3. Import into the Russian Federation, export from the Russian Federation and transit transportation through the Russian Federation, as well as circulation of rare and endangered plants, animals and other organisms, their especially valuable species, including plants, animals and other organisms falling under under the effect of international treaties of the Russian Federation, is regulated by the legislation of the Russian Federation, taking into account the generally recognized principles and norms of international law.

Article 61. Protection of the green fund of urban and rural settlements

(natural systems; natural resources and other

objects of protection; specially protected

territories and objects)

This group includes ecological systems and the ozone layer, which are of global importance. They provide a continuous process of exchange of substances and energy within nature, between nature and man, representing the natural habitat of man. As already noted, under the surrounding
the common environment and its protected objects are understood only as natural components: the circle of natural habitat protected by law does not include commodity-material objects created by man; parts of nature that have come out of an ecological connection with nature (water withdrawn from it - in a tap, withdrawn from natural conditions. animals); elements of nature that do not currently represent social value or whose protection is not yet possible.

For example, the ozone layer is the most important part of the near-Earth space, which seriously affects the state of heat exchange between the Earth and Space. States are taking measures to protect it (they are discussed in more detail in the topic on the protection of atmospheric air). Not all of them are implemented sufficiently. It is even more difficult for states to come to an agreement and protect the spaces more remote from the Earth from pollution by aircraft, research and observation devices.

There are six main individual natural resources and objects to be protected: land, its subsoil, water, forests, wildlife, atmospheric

air (separate topics of the special part of the textbook are devoted to the analysis of their protection).

Subsoil is considered to be a part of the earth's crust, located below the soil layer and the bottom of water bodies, extending to the depths available for study and development. The subsoil also includes the surface of the earth if it contains mineral reserves. There are two main problems - the integrated use of mineral resources due to their non-renewability and the disposal of waste, especially toxic ones, in the bowels. Legal regulation of the protection of the earth's subsoil is carried out in the Federal Law "On Subsoil" of 19951

Water - all water in water bodies. Waters can be surface and underground; a water body is a concentration of waters on the surface of the land in the forms of its relief or in the depths, having boundaries, volume and features of the water regime. The main task in the use of water is to ensure adequate drinking water supply, prevention of pollution and depletion of water from industrial and domestic discharges2. The main act in this area is the 1995 VK RF3

The objects of protection are forests and other vegetation, their main function is to satisfy the needs for wood, produce oxygen ("lungs of the planet"), and recreation. Problems - cutting, littering, fires, reforestation4. The main legal regulation of the protection, rational use and protection of forests is carried out by the RF Labor Code of 1997.

The animal world, microorganisms, the genetic fund are also objects of environmental protection. The animal world is a collection of living organisms of all kinds of wild animals permanently or temporarily inhabiting the territory of Russia and being in a state of natural freedom, as well as related to the natural resources of the continental shelf and the exclusive economic zone of Russia1. Its protection is carried out on the basis of the Federal Law "On the Animal World" of 19952

Microorganisms or microflora are microbes, predominantly unicellular protozoa - bacteria, yeast, fungi, algae, visible only under a microscope, are found in soil, water, food, and the human body3. Science ceases to divide them into useful and disease-causing ones: in an ecological relationship, they are part of the habitat and therefore are subject to study.

A protected genetic fund is understood as a set of species of living organisms with their manifested and potential hereditary inclinations4. The degradation of the natural environment can lead to irreversible changes in plants and animals, to the appearance of mutants, i.e. individuals with unusual genetic characteristics.

A peculiar object of protection is atmospheric air, which embodies the natural environment surrounding a person. Prevention of noise and radiation - specific effects on a person, transmitted mainly through atmospheric air, are considered modern topical problems. Its protection is carried out in accordance with the Law of the RSFSR "On the Protection of Atmospheric Air" of 19825

The regulation of their protection and use is carried out on the basis of the Federal Law "On Natural Medical Resources, Health Resorts and Resorts" of 19956 and the Federal Law "On Specially Protected Natural Territories" of 19951 The main problems are the preservation and expansion of specially protected territories and objects and maintaining the declared special conservation regime in them (a special topic is also devoted to their consideration).

test questions

What are the principles of environmental protection?

What are the basic principles of environmental protection?

What does sustainable development mean and what is its main strategy?

What forms of legal support of environmental relations are used?

What are the principles and foundations of international cooperation in the field of environmental protection? What is their significance? What is their legal nature?

What is the classification of environmental protection objects?

What six major natural resources are subject to legal protection?