Nutrition balance of proteins, fats and carbohydrates. The ABCs of nutrition: proteins, saturated and unsaturated fats, simple and complex carbohydrates. Hot smoked fish

Current legislation provides for liability for environmental offenses committed in the field of use of natural reserves and conservation environment. In accordance with laws and regulations, they are identified as independent offenses and crimes.

Concept

Environmental offenses or crimes are actions or inactions that contradict the established requirements of environmental legal norms. In practice, this is expressed as a guilty illegal environmentally unsafe or harmful action that encroaches on established procedures in the sphere environmental safety use of natural resources and environmental protection.

Environmental offenses are characterized by causing environmental harm when carrying out illegal actions.

The essence of the concept is reflected in the fact that the offender took any actions or inactions in relation to factors that led to changes in the state of the natural environment, as well as the commission of offenses defined by environmental legislation.

The concept of an environmental offense in its content defines certain illegal actions that should be punished. For such violations, in accordance with the law, criminal, administrative, disciplinary and civil liability is provided.

Types of environmental offenses

There are 3 types of environmental violations. This:

Completed by the rightful owners natural resources.
Committed by nature users.
Committed by persons who do not belong to any of these subgroups.

The next criterion is the state of natural objects in relation to which environmental violations have been identified. This:

Damage.
Destruction.
Causing damage.

According to the object of encroachment, types of environmental offenses are distinguished into: mountain, land, water, forest.

Classification

If the offense includes objects of encroachment from a group of homogeneous offenses, the following classification takes place:

Illegal destruction and damage to natural resources, such as pollution, water pollution, destruction of forest areas, significant damage to agricultural land.
Violation and disregard of the rules for the transfer of ownership of natural resources associated with the possibility of causing damage to the environment. Such violations include the introduction into operation of technical structures and enterprises that cause damage to the environment.
Inaction or failure to comply with established rules for the conservation of natural resources.
Deliberate use of various natural resources for one's own selfish purposes. For example, collecting wild rare plants.

Corpus delicti

An environmental offense includes the following actions:

Clogging or depletion of groundwater and sources, causing harm to them, resulting in a change in their natural qualities. Especially if it poses a danger to the surrounding animal and plant environment.
Violation of the standards for permissible emissions of various harmful substances into the atmosphere or improper operation of technical devices and structures, resulting in pollution or changes in the properties of the air.
Pollution of seas and water sources due to the discharge of substances and materials that have a harmful effect on human health or other living resources.
Poisoning or contamination of land with harmful products of economic activity due to improper use and application of fertilizers or pesticides, as well as resulting from careless transportation.
Destruction or damage to natural or artificially created forest resources as a result of improper or careless handling of fire or other sources of potential danger.
Illegal deforestation or destruction individual species their plant parts, committed in significant quantities, disturbing the overall balance of the natural environment.
Illegal hunting or extermination of animals, causing damage on a large scale, as well as with the use of vehicles or explosives, poisonous gases applied to the fauna of forests and reserves.
Illegal fishing of fish or marine mammals, as well as vegetation, if they cause major damage and are carried out using self-propelled vehicles, chemicals or explosives.
Logging, construction of illegal building structures (dams, bridges), if they entailed mass death of fish and other creatures of the aquatic environment.
Production of waste harmful to the environment, its improper transportation and storage, as well as disposal through release into the environment.
Illegal or careless handling of radioactive materials.
Violation of safety standards and sanitary rules established by current federal legislation.

Responsibility for environmental violations

The rules established by current legislation regarding the prevention, detection and suppression of violations in the field of nature conservation are also a method of control. Responsibility for committing environmental offenses is assigned during legal proceedings or can be determined by regulatory services.

Environmental control produced not only by the state and is divided into several types:

State.
Industrial.
Public.
Municipal.
General.

Each of these types of control is carried out for the purposes of:

Monitoring by individuals and legal entities of compliance with environmental legislation and its norms.
Compliance with all provided requirements and regulatory documents.
Ensuring environmental safety and security of the natural environment.

Thus, environmental supervision is one of the means of managing the protection of the natural environment and:

carried out by special bodies and persons of the environmental inspection on behalf of the state;
is of a supra- and non-departmental nature;
is one of the functions of environmental management of the state;
associated with the use of various administrative coercive measures.

Types of liability for environmental offenses

State control is carried out on the basis of a legal framework by special state bodies that have the authority and are designed to provide regular and systematic environmental supervision.

Production control is carried out to ensure the execution of economic processes or production activities, as well as various activities aimed at protecting the natural environment and rational use of its resources. Business entities provide information about the organization to executive authorities, which conduct regular inspections in the manner prescribed by law. Such control is carried out environmental service a legal entity that acts exactly in accordance with the letter of the law and whose function is aimed at eliminating the negative consequences of the organization’s production activities. Criminal or administrative liability is applied to the enterprise and its managers, and disciplinary liability is applied to employees for environmental violations.

Municipal control is carried out in the entrusted territory by local self-government bodies in the manner prescribed by law, in accordance with regulations.

Legal liability

Types of liability for environmental violations: disciplinary, administrative or material, and also in the case of crimes – criminal. Bringing to any type of such liability does not exempt the subject from compensation for damage caused and other types of monetary penalties and compensation.

Subjects subject to criminal, disciplinary and financial liability can only be individuals. While administrative liability for environmental violations, as well as civil liability, occurs for individuals and legal entities.

According to current legislation, persons over 16 years of age can be held accountable. According to civil proceedings, minors have limited liability from 15 to 18 years of age. And upon reaching adulthood - full.

Criminal liability for environmental offenses occurs in the event of a completed crime and cannot be awarded for an attempt to commit it or preparation, as well as attempted crime, if it wasn't finished.

List of crimes

In accordance with the Criminal Code, the following environmental crimes are subject to punishment:

Violation of the rules for the safe use of microbiological agents or toxins, resulting in harm to people's health, the spread of various epidemics, as well as serious consequences, including the death of a person.
Deviation from the norms of veterinary activities, resulting in the spread of epizootics or other serious consequences that are in the nature of an epidemic and cover entire livestock over large territorial areas.
Violation of the rules established for the protection of fish stocks, resulting in the massive death of fish populations or other aquatic creatures, as well as significant destruction of their food reserves.
Destruction of habitats of animals and organisms that are listed in the Red Book.
Violation of the established regime of territories or objects under protection and causing significant damage to these natural resources.
Violation of established rules as a consequence of carrying out production activities or performing other work that entailed a change in radiation levels and caused damage to human health or the mass destruction of populations of animals and other organisms.
Violation of methods and rules for storage and disposal of harmful compounds and waste that can pose a threat to people or the natural environment and lead to pollution and poisoning that harms human health or leads to the mass destruction of animals. And also if they were committed in areas with an environmental emergency or disaster and resulted in the death of a person or mass epidemics.
Pollution water resources resulting in damage to fish stocks, animals and flora, as well as nearby forest or agricultural lands, especially if harm was caused to a person’s health or death occurred.

Atmospheric pollution through the release of toxic substances into the air, causing serious consequences.
Damage to land that has resulted in significant damage to natural resources, animals and people living in these areas.
Violation of established rules for the protection and use of subsoil, including illegal mining of minerals or violation of rules for their use or construction, causing irreversible damage to the environment.
Illegal hunting aimed at causing major damage or extermination of populations of animals and birds, as well as carried out on the territory of nature reserves or reserves.
Illegal tree cutting and shrubs, leading to the extinction or threat of extinction of certain species.
Destruction of forest plantations and tracts as a result of careless use of fire.

Onset of administrative liability

Administrative liability for environmental offenses occurs in accordance with the commission of illegal actions intentionally or through negligence.

Violators of administrative proceedings are subject to penalties in the form of fines, warnings, confiscation, confiscation of weapons and deprivation of special rights individuals to carry out a certain type of activity in connection with which the damage was caused.

The list of violations fully corresponds to criminal offenses with the difference that administrative environmental offenses did not cause harm to human health or did not lead to the destruction of plant and animal resources, but, nevertheless, caused significant damage or were aimed at achieving certain criminal offenses, but were not fully implemented.

Environmental assessment

To identify and establish violations and crimes, an environmental assessment is created, which is aimed at preventing and identifying adverse impacts on the environment. Legal liability for environmental violations occurs based on the results of its implementation.

State examination can only be carried out by the federal executive branch. All types of urban planning documentation for various projects, regardless of their purpose and application, must undergo mandatory environmental impact assessment, in accordance with the clauses of the federal law “On Environmental Impact Assessment”. If inconsistencies are identified, legal liability for environmental violations arises.

Expertise of the environmental situation is based on the principles:

Identification of potential environmental hazards to the natural environment from any planned economic and other types of activity.
The obligation to conduct an examination before making decisions on the construction and implementation of the project for which it is aimed.
Comprehensive assessment of interactions or consequences for nature from economic or other activities.
Obligation to take into account the requirements provided during the environmental assessment and their implementation.
Reliability and completeness of the information provided.
Independence of expert opinion of environmental impact assessment.
The scientific accuracy and validity of the conclusions drawn and the legality of the conclusions provided based on the results of the environmental assessment.
Publicity of the results.
The responsibility of the examination participants for its organization and high-quality execution.

Legal liability for environmental violations may arise as a result of an expert opinion when violations of current norms and regulations are identified. Depending on what kind of violations were committed, the method and type of liability awarded is determined.

Disciplinary liability for environmental violations is provided in the form of a severe reprimand or a reprimand in a personal file. As well as the dismissal of an official or employee of the organization.

Issues of preserving the environment, as well as flora and fauna, should become the concern of not only regulatory authorities, but also of each individual. This is especially true for economic facilities and enterprises operating in entrusted territories. Caring for the environment is not limited to caring for your own garden plot. While implementing your professional activity We should never forget that by preserving the environment, we give a future to our children.

Responsibility for various environmental types is provided for by law. These violations include not only environmental damage, but also irrational use of natural resources.

Regardless of citizenship, offenders can be both individuals and legal entities. For environmental violations, the legislation provides for various types of liability, one of which is administrative.

Administrative liability is incurred for environmental violations

Any action, as well as inaction, that does not comply with existing environmental and legal standards is considered an environmental violation. In reality, such actions are unsafe or harmful and violate established environmental safety procedures.

The rules provided regulate the use of natural resources and are created to protect the environment. For all actions or inactions that cause a change in the state of the natural environment, certain penalties are provided.

There are four types of liability for environmental violations, each of which is established by law:

disciplinary liability
civil liability

Depending on the object in relation to which the unlawful action was carried out, environmental violations are divided into land, water, forest and mountain. The condition of a natural object that has been altered as a result of an environmental crime is one of the criteria used to determine the severity of the illegal act. There are three such states:

damage
damage
destruction

Depending on the relation of the offender to natural resources, three types of environmental violations can be distinguished:

produced by the owner of natural resources
produced by the user of these resources
produced by a person who does not belong to the previously identified subgroups

To establish an offense, a special environmental one is used. Its purpose is to prevent and identify various negative influences on environmental safety. The results of the examination determine the legal liability of the offender for a particular environmental violation.

On state level such an examination can be carried out exclusively by representatives of the federal executive branch. In particular, all projects of urban planning documentation are subject to environmental protection. If during the inspection any discrepancy with the norms established by law is discovered, legal liability will be imposed on the violator.

Environmental offenses are various actions or inactions taken by a violator, as a result of which the condition of some natural object is disturbed. To determine the presence and severity of environmental violations, special expertise is used.

Classification of administrative environmental offenses

Environmental violations are also subject to legal liability!

Legal responsibility for each offense committed implies some punishment. Thus, legal responsibility has four fundamental purposes:

preventive - helps to avoid repeated harm to the environment
stimulating - inclines the violator and others to properly comply with the laws in the future
compensatory - restores damage caused to nature
punitive - punishes in a certain way the person who committed the offense

The number of administrative offenses that cause harm to the environment includes up to forty types of environmental offenses. In practice, they are divided into three groups:

non-compliance with environmental requirements
non-compliance with the rules and procedures for the exploitation of natural objects and resources
causing harm or complete destruction of natural objects and resources

Each of these groups includes characteristic environmental offenses. Among the crimes of the first group you can see:

violation of environmental and legal standards in the process of project planning; with technical and economic justification projects; during the design and construction of buildings and other objects, as well as their commissioning
violation of sanitary and environmental standards when working with various wastes or other unsafe substances
non-compliance with the methods of using pesticides and agrochemicals
obstruction of government environmental inspections

The second group of violations includes:

non-compliance with rules for the conservation of subsoil and hydromineral resources
use of subsoil that does not comply with established standards
irrational implementation of geological research of subsoil
provision of use and procedure for exploitation of plots of land in a territory that belongs to a water protection zone that does not comply with the law

The third group consists of the following violations:

damage to land resources
illegal logging or other damage to trees and shrubs
destruction of animal habitats

Various penalties may apply for all these violations. In some cases, if the violation is relatively mild, the offender can get by with just a warning, but as the severity increases, the amount of punishment also changes.

For any violation of the norms and rules regulated by law, the violator will face appropriate punishment.

Administrative responsibility

For environmental violations - a fine!

Administrative liability for environmental offenses is assigned in situations where a violation of legal norms occurs without corpus delicti. It applies to individual entrepreneurs, as well as legal entities. Administrative responsibilities are as follows:

seizure of funds with which the offense was committed
withdrawal of a license to use natural resources and business related to the use of ecology
compensation for damage caused to nature

Regulation of administrative responsibility is carried out using several levers. One of them is the Code of administrative offenses, and others - special legislation of the constituent entities of the Russian Federation. This legislation consists of various established legal acts that include a description of possible environmental offenses and possible ways to bring these persons to justice.

In order for administrative liability to be applied, an environmental offense must contain certain characteristics, the offender must be proven, and there must be a norm established by law, depending on which the composition of the violation is determined and how the offender should be punished.

It should be noted that administrative liability for environmental offenses is somewhat specific:

it occurs exclusively for those violations that are noted in the legislation as administrative
Any person can act as a violator
application of responsibility is assigned to the authorized body or official
it must be used in the manner established by procedural legislation
As a punishment, only the prescribed norms are applied; if the violation is minor, then exemption from the violation is possible
liability varies depending on the offender

Administrative liability is defined by law and is applied exclusively in accordance with the established procedure.

Administrative liability for environmental offenses is one of the types of liability that is applied to a person who has in any way violated legal standards for environmental protection. Depending on the offense, various punishment options are applied.

Expert lawyer's opinion:

Caring for the environment is caring for our future and the future of our children. Apparently, therefore, the legislator provided for liability for environmental violations, including criminal liability. The Criminal Code of the Russian Federation contains such an article. It is called “Illegal logging of forest plantations” (Article 260). This is exactly what will happen if, before the New Year, you go to the forest and bring a Christmas tree home.

And this is what will happen. If the Christmas tree is appraised and its value turns out to be more than 5,000 rubles, then in court you can get a fine from 500 thousand rubles to imprisonment for up to 2 years. It turns out quite a lot. Our article provides a more complete list various types responsibility. But specific offenses involving administrative and criminal liability can be found by studying the contents of the articles of the codes.

Enterprises pay huge fines, millions of rubles, for violating environmental standards. But the environmental situation is changing slowly. Punishments alone are apparently not enough.

Justification: Chapter 26 of the Criminal Code of the Russian Federation (18 articles), Chapter 8 of the Code of Administrative Offenses of the Russian Federation (46 articles).

On legal liability for violation of environmental legislation - in the video:

The objective side of an environmental offense is characterized by the presence of three elements:

a) illegality of conduct;

b) causing or real threat of causing environmental harm or violation of other legal rights and interests subjects of environmental law ;

c) a causal connection between illegal behavior and environmental harm caused or a real threat of causing such harm or a violation of other legal rights and interests of subjects of environmental law.

Subjects of environmental offenses can be legal, official and individuals, including foreign legal entities and citizens who have committed offenses related to the use of natural resources or environmental protection in territories Russia or territory under its jurisdiction.

The composition of the subjects varies depending on the type of environmental offense. Yes, subjects disciplinary liability are officials and employees enterprises, criminal - officials and citizens, administrative - legal entities, officials and citizens.

In accordance with current legislation, administrative and criminal liability individuals for environmental offenses begin at the age of 16. In civil order legal proceedings Citizens bear limited liability from 14 to 18 years of age, and full liability from 18 years of age. From this age the person becomes fully capable. Labor legislation does not establish age restrictions regarding the application of disciplinary and financial liability to persons guilty of committing environmental offenses in the labor sphere.

The subjective side of an environmental offense is characterized by the guilt of the offender (except for cases of liability of the owner of a source of increased danger). Guilt refers to the mental attitude of the offender to his illegal behavior, which can manifest itself in action or inaction. The law provides two forms guilt : intent(direct or indirect) and negligence. An environmental offense is intentional when the offender foresees the onset of socially harmful consequences of his behavior and desires or consciously allows them (for example, entrepreneur dumps toxic waste from its production at the edge of the forest, that is, not in the designated place). There are two types of negligence: presumption and negligence. Arrogance occurs when a person violating an environmental requirement foresees the socially harmful consequences of his activities, but frivolously counts on the opportunity to avoid them. Negligence is manifested in the fact that a person does not foresee the occurrence of harmful consequences, although he should and could have foreseen them. The Civil Code of the Russian Federation introduces the concept of gross negligence. True, we are talking about gross negligence of the victim that contributed to the occurrence or increase of harm, which is taken into account when determining the amount of compensation for harm by the offender (Article 1083).

At the same time, in environmental practice, as already noted, there may be no-fault (absolute) liability for harm caused by a source of increased danger. Compensation for such damage is regulated by Art. 1079 of the Civil Code of the Russian Federation.

Some environmental offenses can be committed with any form of guilt (for example, offenses the consequences of which are air or water pollution), others - only with an intentional form of guilt (illegal hunting or fishing), others - through negligence (for example, careless handling of fire in the forest and violation of fire safety rules in forests).

Disciplinary liability for environmental violations

Grounds for disciplinary liability, range of subjects and disciplinary measures punishments are regulated by the Labor Code of the Russian Federation of December 30, 2001. It is expressed in the imposition by the employer of a disciplinary sanction on the guilty employee for failure to fulfill or improper performance of his labor duties related to the use of natural resources and environmental protection. An offense may, for example, consist of a failure by the chief engineer to enterprises requirements job description regarding the operation of industrial equipment. Unlike criminal and administrative legislation, there is no more or less systematized list of environmental disciplinary offenses here.

The subjective side of a disciplinary environmental offense is, as a rule, negligence. In accordance with Article 192 of the Labor Code of the Russian Federation, the following disciplinary sanctions may be applied for committing a disciplinary offense: reprimand; rebuke; dismissal. Federal laws, charters and regulations on discipline for certain categories of employees may also provide for other disciplinary sanctions.

The procedure for imposing and lifting disciplinary sanctions is regulated in labor legislation. Before imposing disciplinary action, the employer must request a written explanation from the employee. If the employee refuses to give the specified explanation, a corresponding act is drawn up. An employee’s refusal to provide an explanation is not an obstacle to applying disciplinary action. Disciplinary action is applied no later than one month from the date of discovery of the misconduct, not counting the time of illness of the employee, his stay on vacation, as well as the time required for accounting opinions of the representative body of workers.

The employer's order (instruction) to apply a disciplinary sanction is announced to the employee against signature within three working days from the date of its publication. A disciplinary sanction can be appealed by an employee to state labor inspectorates or bodies for reviewing individual labor disputes.

If within a year from the date of application of the disciplinary sanction a new disciplinary sanction is not applied to the employee, then he is considered to have no disciplinary sanction. The employer, before the expiration of a year from the date of application of the disciplinary sanction, has right remove it from the employee on his own initiative, at the request of the employee himself, at the request of his immediate supervisor or a representative body of employees.

At the request of the representative body of employees, the head of the organization and his deputies may be brought to disciplinary liability. The employer is obliged to consider the application of the representative body of employees about violation of laws and other laws by the head of the organization, his deputies regulatory legal acts about labor, collective conditions agreement, agreement and report the results of the consideration to the representative body of workers. If the facts of violations are confirmed, the employer is obliged to apply disciplinary action to the head of the organization and his deputies, up to and including dismissal.

Imposition of disciplinary sanction if any legal grounds does not exclude the possibility of applying stricter types of liability to the guilty employee - administrative, criminal, civil.

Administrative liability for environmental violations

The Code of Administrative Offenses also defines the bodies and officials authorized to consider relevant cases (Chapter 23). So, judges consider cases of administrative offenses provided for in Articles 7.5, 7.12, 7.15, 7.17, 7.24, 7.27, 7.28; internal affairs bodies (police) consider cases of administrative offenses provided for in Articles 8.22, 8.23; bodies of the state sanitary and epidemiological service of the Russian Federation consider cases of administrative offenses provided for in Part 2 of Article 7.2 (about the destruction and damage to signs of sanitary (mountain sanitary) zones and districts, medical and recreational areas and resorts), Part 2 of Article 7.8, Article 8.2 , Article 8.5 (regarding information on the state of atmospheric air, sources of drinking water supply, as well as the radiation situation), Part 2 of Article 8.6 (on damage to land by production and consumption waste hazardous to human health and the environment); specially authorized state bodies in the field of environmental management and environmental protection.

Bodies implementing state environmental control, consider cases of administrative offenses provided for in Part 2 of Article 7.2 (on the destruction and damage of signs of specially protected natural areas, as well as signs installed by users of wildlife or specially authorized state bodies for the protection, control and regulation of the use of objects of wildlife and their environment habitats, buildings and other structures belonging to specified users and bodies), Articles 7.11 (use of wildlife objects without permission (license)), 8.1 (failure to comply with environmental requirements during planning, feasibility studies of projects, design, placement, construction, reconstruction, commissioning, operation of enterprises, structures or other objects), 8.2 (failure to comply with environmental and sanitary-epidemiological requirements when handling production and consumption waste or other hazardous substances), 8.18 (violation of the rules for conducting resource or marine scientific research in internal sea waters, in the territorial sea, on the continental shelf and (or) in the exclusive economic zone Russian Federation) and other offenses.

The initiation and consideration of an administrative environmental offense, the execution of decisions in such cases are regulated by Chapters 28, 29, 31, 32 of the Code of Administrative Offenses of the Russian Federation.

Bringing to administrative responsibility for environmental offenses does not relieve the guilty person from the obligation to compensate for environmental or environmental damage caused. This is explained by the fact that the fine, although of a material nature, is a measure of punishment, and not compensation for harm; the fine amounts do not go to the victim for compensation for harm, but are sent in accordance with the law to budget or to special environmental fund accounts.

Criminal liability for environmental crimes

The Criminal Code of the Russian Federation directly states that its task, along with the protection human and civil rights and freedoms , property And public order is environmental protection.

The state of health largely depends on the purity of water, air, the quality of the products it eats, and, accordingly, on the purity of the soil. person, which is in accordance with Constitution of the Russian Federation highest value. Meanwhile, the degradation of nature is one of the significant factors in the reduction in life expectancy of men in Russia over the past 25 years from 71 years to 58 years. Based on data on the levels of air pollution in more than 100 cities of Russia, it was revealed that the largest part of the population (15.4 million people) is exposed to suspended substances. According to the results of calculations of the risk of death carried out by the Russian Ministry of Health, the number of deaths from atmospheric air pollution with these substances alone is 21,000, which is 7% of annual deaths among residents of these cities. Who suffered criminal liability for that? Since 1961, the Criminal Code has provided for liability for environmental crimes, in particular for air pollution.

Laws of a subject of the Russian Federation, legal acts of the legislative (representative) body of state power of a subject of the Russian Federation, legal acts of bodies executive power subjects of the Russian Federation and legal acts of their officials that violate rights and freedoms person And citizen, rights public associations And local authorities may be appealed in court.

As for the act of the highest official of a subject of the Russian Federation (the head of the highest executive body of state power of the subject), acts of executive authorities of the subject of the Russian Federation, Art. 29 established the right of the President of Russia to suspend their action if this act contradicts the Constitution of the Russian Federation, federal laws, international obligations RF or violations of human and civil rights and freedoms until this issue is resolved by the appropriate court.

During the period of validity of the decree of the President of Russia on the suspension of the relevant acts, the highest official of the subject of the Russian Federation (the head of the highest executive body of state power of the subject) and (or) the executive body of the subject of the Russian Federation cannot issue another act that has the same subject of regulation, with the exception of the act , canceling an act suspended by the President of Russia, or introducing the necessary changes to it. In this case, the highest official of a subject of the Russian Federation (the head of the highest executive body of state power of the subject) has the right to appeal to the appropriate court to resolve the issue of compliance of the act issued by him or the executive body of the subject of the Russian Federation with the Constitution of the Russian Federation, federal laws, and the international obligations of the Russian Federation.

In cases specified by law, the President of Russia issues a warning to the highest official of a constituent entity of the Russian Federation (the head of the highest executive body of state power of the constituent entity). These cases concern:

publication by the highest official of a subject of the Russian Federation (the head of the highest executive body of state power of a subject of the Russian Federation) of a normative legal act that contradicts the Constitution of the Russian Federation, federal laws, if such contradictions are established by the relevant court, and the highest official of a subject of the Russian Federation (the head of the highest executive body of state power of a subject of the Russian Federation) within two months from the date of entry into force of the court decision or within another period provided for by the court decision deadline did not take measures within its powers to implement the court decision;
evasion of the highest official of a constituent entity of the Russian Federation (head of the highest executive body of state power of a constituent entity of the Russian Federation) within two months from the date of issuance of the decree of the President of Russia on the suspension of the normative legal act of the highest official of a constituent entity of the Russian Federation (head of the highest executive body of state power of a constituent entity of the Russian Federation) or normative legal act act of an executive body of a constituent entity of the Russian Federation from issuing a normative legal act providing for the repeal of a suspended normative legal act, or from making changes to the said act, if during this period the highest official of a constituent entity of the Russian Federation (the head of the highest executive body of state power of a constituent entity of the Russian Federation) did not apply to appropriate court to resolve the dispute (Article 29.1).

The period during which the President of Russia issues a warning to the highest official of a constituent entity of the Russian Federation (the head of the highest executive body of state power of a constituent entity of the Russian Federation) cannot exceed six months from the date of entry into force of the court decision or from the date of official publication of the decree of the President of Russia on the suspension of the normative legal an act of the highest official of a constituent entity of the Russian Federation (the head of the highest executive body of state power of a constituent entity of the Russian Federation) or a normative legal act of an executive body of a constituent entity of the Russian Federation, if the highest official of a constituent entity of the Russian Federation (the head of the highest executive body of state power of a constituent entity of the Russian Federation) has not applied to the appropriate court to resolve the dispute .

If, within a month from the date the President of Russia issued a warning to the highest official of a constituent entity of the Russian Federation (the head of the highest executive body of state power of a constituent entity of the Russian Federation), said person did not take measures within the limits of his powers to eliminate the reasons that served as the basis for issuing a warning to him, the President of Russia dismisses the highest official a person of a constituent entity of the Russian Federation (the head of the highest executive body of state power of a constituent entity of the Russian Federation) from office.

The President of Russia, in the manner established by the criminal procedural legislation of the Russian Federation, has the right, upon a reasoned proposal of the Prosecutor General of the Russian Federation, to temporarily remove the highest official of a constituent entity of the Russian Federation (the head of the highest executive body of state power of a constituent entity of the Russian Federation) from the performance of duties in the event that the specified person is charged with committing a serious or especially serious crimes.

The decision of the President of Russia to warn the highest official of a constituent entity of the Russian Federation (the head of the highest executive body of state power of a constituent entity of the Russian Federation) or to remove the highest official of a constituent entity of the Russian Federation (the head of the highest executive body of state power of a constituent entity of the Russian Federation) from office is taken in the form of a decree. Such a decree comes into force ten days from the date of its official publication.

The highest official of a constituent entity of the Russian Federation (the head of the highest executive body of state power of a constituent entity of the Russian Federation), whose powers were terminated by a decree of the President of Russia on the removal of the specified person from office, has the right to appeal this decree in Supreme Court of the Russian Federation within ten days from the date of official publication of the decree. The Supreme Court of the Russian Federation should consider complaint and make a decision no later than ten days from the date of its submission.

According to Art. 70 of the Federal Law "On General Principles of Organization local government in the Russian Federation" local government bodies and local government officials are responsible to the population municipality, state, individuals and legal entities in accordance with the law. In particular, the responsibility of local government bodies and local government officials to the population arises as a result of the loss of public trust. The procedure and conditions for such liability are determined by the charters of municipalities.

The responsibility of local government bodies and local government officials to the state occurs in the event of their violation of the Constitution of the Russian Federation, the constitution, the charter of a subject of the Russian Federation, federal laws, laws of a subject of the Russian Federation, the charter municipality(v. 72).

Constitutional liability occurs in the event of the adoption of a normative legal act that contradicts the Constitution of the Russian Federation, the federal constitutional law, the federal law, the constitution, the charter, the law of the subject of the Russian Federation, the charter of a municipal entity (Article 73).

A representative body of local self-government, the head of a municipal entity, which has adopted (issued) a normative legal act that is found by the court to be contrary to the Constitution of the Russian Federation, the federal constitutional law, the federal law, the constitution, the charter, the law of a subject of the Russian Federation, the charter of the municipal entity, are obliged to cancel it within the period established by the court decision. this regulatory legal act or its individual provisions, as well as publish information about the court decision within ten days from the date the court decision enters into force.

If the representative body of local self-government, the head of the municipal entity has not repealed the normative legal act or its individual provisions, which were recognized by the court as contrary to the Constitution of the Russian Federation, the federal constitutional law, the federal law, the constitution, the charter, the law of the subject of the Russian Federation, the charter of the municipal entity and at the same time entailed violation (impairment) of human and civil rights and freedoms recognized by the court or the occurrence of other harm, then the representative body of local self-government may be dissolved, the powers of the head of the municipality may be terminated early by removing him from office.

If the representative body of local self-government, the head of the municipality has not repealed the normative legal act or its individual provisions in accordance with a court decision that has entered into force, then the legislative (representative) body of state power of the subject of the Russian Federation on its own initiative or at the request of the highest official of the subject The Russian Federation (the head of the highest executive body of state power of a subject of the Russian Federation) warns in writing the representative body of local self-government, and the highest official of a subject of the Russian Federation (the head of the highest executive body of state power of a subject of the Russian Federation) warns in writing the head of the municipality about the possibility of taking measures in accordance with this Federal Law.

If the representative body of local self-government, the head of the municipality, within a month from the date of issuance (announcement) of a written warning, have not taken measures to implement the court decision, then the representative body of local self-government may be dissolved, and the head of the municipality may be removed from office no later than six months from the date of entry into force of the court decision, which is the basis for the dissolution of the representative body of local self-government, the removal of the head of the municipality from office.

A representative body of local self-government is dissolved by the law of a constituent entity of the Russian Federation or federal law, and the head of a municipal entity is removed from office by decree (resolution) of the highest official of a constituent entity of the Russian Federation (the head of the highest executive body of state power of a constituent entity of the Russian Federation), with the exception of the heads of municipal entities - capitals and administrative centers of constituent entities RF, or by decree of the President of Russia.

If, within three months from the date of entry into force of the court decision, the representative body of local self-government has not repealed the normative legal act or its individual provisions, and the legislative (representative) body of state power of the subject of the Russian Federation has not taken the measures provided for by this Law, then the President of Russia has the right add to State Duma draft federal law on the dissolution of a representative body of local self-government.

If, within three months from the date of entry into force of the court decision, the head of the municipal entity has not repealed the normative legal act or its individual provisions, and the highest official of the constituent entity of the Russian Federation (the head of the highest executive body of state power of the constituent entity of the Russian Federation) has not taken the measures provided for in this article, then the President Russia has the right to remove the head of a municipal entity from office.

Removal of the head of a municipality from office and the simultaneous appointment of new ones elections(if he was elected by the population of the municipality) are carried out by decree (resolution) of the highest official of the constituent entity of the Russian Federation (head of the highest executive body of state power of the constituent entity of the Russian Federation) or by decree of the President of Russia.

In the event of the removal of the head of a municipal entity from office, the highest official of a constituent entity of the Russian Federation (the head of the highest executive body of state power of a constituent entity of the Russian Federation) or the President of Russia appoints an acting head of the municipal entity for the period until the newly elected head of the municipal entity takes office, unless another procedure is established. charter of the municipality.

Proposals to remove the head of a municipal entity from office by the President of Russia can be made by the legislative (representative) body of state power of a constituent entity of the Russian Federation, the highest official of a constituent entity of the Russian Federation (the head of the highest executive body of state power of a constituent entity of the Russian Federation), Government of the Russian Federation, Prosecutor General of the Russian Federation.

Citizens whose rights and legitimate interests are violated in connection with the dissolution of a representative body of local self-government, the removal of the head of a municipality from office, have the right to appeal the dissolution of a representative body of local government, the removal of the head of a municipality from office to the appropriate court (the Supreme Court of the republic, regional, regional courts , federal city court, autonomous region court, court Autonomous Okrug) or the Supreme Court of the Russian Federation within ten days from the date of official publication of the law, decree (resolution).

The Supreme Court of the republic, regional, regional courts, the court of a federal city, the court of an autonomous region, the court of an autonomous district, the Supreme Court of the Russian Federation must consider the complaint and make a decision no later than ten days from the date of its filing.

Civil liability for environmental damage

Compensation for environmental damage is regulated mainly by the Civil Code of the Russian Federation, the Civil Procedure Code of the Russian Federation, and the Arbitration Procedure Code of the Russian Federation. A number of important provisions related to this are also contained in environmental legislation, although it also makes reference to civil law.

Concept and types of environmental harm. Methods and principles of its compensation

The harm caused by violation of legal environmental requirements is called in the doctrine environmental law environmental or ecogenic harm.

Environmental harm refers to any deterioration of the environment that occurs as a result of violation of legal environmental requirements. It primarily manifests itself in the form of environmental pollution, spoilage, destruction, damage, depletion of natural resources, and destruction of ecological systems.

Due to these forms of degradation of nature, harm to health and property may be caused. citizens And legal entities. Such harm is called ecogenic. Harm to the health and property of citizens and legal entities due to adverse effects on the environment is not always associated with a violation of the requirements of environmental legislation. It can be caused by natural disasters - earthquakes, floods, etc.

We emphasize that environmental harm has other socially significant manifestations. They relate, in particular, to the demographic sphere: a decrease in life expectancy, a decrease in population growth.

Environmental damage is often associated with loss of benefits, that is, the user of natural resources does not receive income, which he could obtain under normal conditions. For example, a farmer could have obtained a higher crop yield if the environment had not been polluted.

New for Russian environmental rights element of environmental harm is moral injury. Moral harm may consist of moral feelings due to the inability to continue active social life, with loss of work, as well as with physical pain associated with damage to health or in connection with an illness suffered as a result of moral suffering. Since nature satisfies aesthetic (spiritual) needs person, the destruction, for example, of green spaces in cities can also be considered as a factor in causing moral damage and, accordingly, should serve as the basis for its compensation. The corresponding claims may be brought in the context of violation of the right to a favorable environment.

The legislation provides for judicial and extrajudicial procedures for compensation for environmental damage. The corresponding obligation can be fulfilled by decision ships- general or arbitration. Extrajudicial compensation is implemented in a number of ways, including voluntary compensation, through insurance risk of causing environmental harm and administrative procedures. The voluntary method of compensation for harm, rarely used in practice, has some advantages for the causer, which are still little understood in Russian law. society. Judicial order can create powerful anti-advertising enterprise and to another causer of harm, in which they cannot possibly be interested. When the situation regarding environmental harm is obvious, in particular when there is a causer of harm and his victims, it is sometimes “more profitable” to compensate for the harm voluntarily.

The administrative procedure for compensation for environmental damage is applied, as a rule, in case of accidents and natural disasters that have environmental consequences, through the adoption of measures for the socio-economic protection of the affected population. Other forms of compensation for such harm in an administrative manner can be considered the registration of a certificate of temporary incapacity for work, registration of disability.

Compensation for damage to human health and property caused by adverse environmental influences

The legislation establishes the principle of full compensation for damage caused to the health and property of citizens by the adverse effects of the environment. According to the Federal Law “On Environmental Protection”, harm caused to the health and property of citizens negative impact environment as a result of economic and other activities of legal and individuals, subject to full refund. Determination of the scope and amount of compensation for harm caused to the health and property of citizens as a result of violation of legislation in the field of environmental protection is carried out in accordance with the law.

The previous Law “On Environmental Protection” specified specific factors that should be taken into account when determining the amount of harm caused to the health of citizens: the degree of disability victim, necessary costs for treatment and restoration of health, costs of patient care, other expenses, including lost professional opportunities, costs associated with the need to change living place and lifestyle, profession, as well as losses associated with moral injuries, inability to have children or the risk of having children with congenital pathologies.

A common practice in Russia for compensation for damage to the health of citizens as a result of environmental pollution (as a special case of damage to health in general) is to receive temporary disability benefits. In accordance with the Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens, the corresponding decision is made on the basis of a special examination. The examination of temporary disability is carried out by attending physicians of the state, municipal and private healthcare systems. They single-handedly issue certificates of incapacity to citizens. for a period up to 30 days, and for a longer period, certificates of incapacity for work are issued by a medical commission appointed by the head of the medical institution.

During the examination of temporary disability, the need and timing of a temporary or permanent transfer of an employee for health reasons to another job are determined, and a decision is made to send the citizen in the prescribed manner to a medical and social expert commission, including if the citizen has signs of disability.

If there are signs of disability, that is, a health disorder with a persistent disorder of body functions caused by a disease or other reasons leading to limitation of life activity and causing the need for social protection, the appropriate decision is made based on the results of a medical and social examination. In accordance with the Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens, medical and social examination is carried out by medical and social examination institutions of the system of the Ministry of Social Protection of the Population of the Russian Federation upon a written application from a person with signs of disability or his legal representative.

Along with material support for disabled people, including cash payments for various reasons, the legislation provides benefits for medical care, housing, benefits for working conditions, welfare and transport services, and sanatorium and resort treatment.

The provision of socio-economic protection measures, benefits and compensation to citizens affected by the adverse effects of the environment received regulatory approval after the accident at the Chernobyl nuclear power plant. Such measures, benefits and compensation are provided, in particular, by the Law “On social protection citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant", other laws.

Thus, for citizens who have received or have suffered radiation sickness, other diseases, and disabled people as a result of the Chernobyl disaster, the Law guarantees:

free medical care (inpatient and outpatient), free purchase of medicines (according to doctors’ prescriptions), free production and repair of dentures (except for dentures made of precious metals), free annual provision spa treatment or receiving monetary compensation in the amount of the average cost of the trip, etc.;
payment to working disabled people of temporary disability benefits for up to four months in a row or up to five months in a calendar year in the amount of 100% of actual earnings without limitation of two tariff rates (salaries);
payment for the occupied living space (within the limits provided for by current legislation), including to members of their families living with them, in the amount of 50% of the rent, calculated at the rates established for workers and employees, as well as providing a discount of 50 % of the established fee for the use of telephone, radio and for their installation, for the use of heating, water supply, gas and electricity, and for those living in houses that do not have central heating - a discount of 50% from the cost of fuel purchased within the norms, established for sale to the public, including transportation costs;
free travel on all types of urban passenger transport (except taxis) and on public road transport (except taxis) in rural areas, as well as on suburban railway and water transport and on suburban buses, free travel with the right to priority purchase of tickets on railway or on vessels of transit and local river fleet lines once a year (round trip), and in areas without railway communication, - by air, water or intercity by car;
other significant benefits.

Issues of insuring the risk of harm to the health or property of citizens from environmental pollution are to some extent considered within the framework of environmental insurance in the section “Economic and legal mechanism of natural resource management and environmental protection.” Environmental insurance is a guarantee that a citizen who has insured his health and property against the risk of harm due to unforeseen pollution or other adverse changes in the environment will receive appropriate compensation.

It can be expected that in Russia the issue of compulsory environmental insurance of citizens against the risk of adverse effects on human health from environmentally hazardous objects will be resolved. Currently compulsory free insurance personalities from the risk of radiation exposure at the expense of the owners or owners (users) of nuclear energy facilities is provided for by the Federal Law “On the Use of Atomic Energy”.

In other cases, citizens can insure their life, health and property on their own initiative, receiving insured event appropriate compensation. Such a case is only emergency (sudden, unintentional) environmental pollution, i.e. accident at a technical facility with environmental consequences, or, according to experts, an environmental accident.

If a citizen who has suffered from the adverse effects of the environment claims full compensation for damage to health or property, he must submit his claims in court in accordance with the procedure established by law. The victim himself or his members may file a claim in court. families , prosecutor authorized body government controlled , public organization(association) representing the interests of the victim. In this case, the victim must substantiate his demands and present proof causing harm to health or property, the presence of a causal connection between the harm caused and pollution of the environment, as well as a causal connection between pollution of the environment and the activities of polluters - enterprises, institutions, organizations and citizens.

If a person is recognized as disabled due to an environmentally caused disease, the source of the disease, as well as cause-and-effect relationships, can be established through a medical and social examination. In other cases, all this must be documented by the victim himself by submitting to the court a certificate of health, a certificate (certificate) government agency environmental control about the fact of environmental pollution at a certain time and at a certain territories and certificates from place of work, place of residence ( local government authority, passport department of the police or house management), confirming that the victim was in a given place at a given time and, therefore, was subjected to harmful effects environment. Practically proof causality in the area under consideration is an extremely complex matter.

When preparing materials for filing a claim for compensation for harm caused to health by environmental pollution, the plaintiff substantiates the extent of the harm and the amount of compensation. When considering a case, the court hears the arguments of the parties, checks legality, the correctness and validity of the calculations, as well as all other legal and factual circumstances of the case, and makes a decision on this basis.

Subjects of liability for causing harm to the health and property of citizens due to environmental offenses can be: legal entities and citizen-entrepreneurs, as well as government bodies and their officials. According to Art. 53 Constitution of the Russian Federation everyone has the right to compensation state harm caused by illegal actions (or inaction) of government bodies and their officials. At the same time, the Civil Code of the Russian Federation establishes that harm caused to a citizen (as well as legal entity) as a result of illegal actions (inaction) of government bodies, bodies local government or officials of these bodies, including as a result of the issuance of an act of a state body or local government that does not comply with the law or other legal act, is subject to compensation. It is reimbursed at the expense of, respectively, the treasury of the Russian Federation, the treasury subject of the Russian Federation or treasury municipality(Art. 1069).

It is also important to know that, along with compensation for damage to health and property caused by an environmental violation, a citizen has the right to compensation for losses associated with moral injuries, or moral damage.

Liability for environmental damage caused by a source of increased danger

Compensation for harm caused by a source of increased danger to the environment is characterized by significant specifics. It manifests itself in the fact that liability for environmental damage caused by such sources occurs without guilt. In world practice, such liability is called strict or absolute. The objects causing environmental harm are also specific.

Liability for harm caused by activities that create an increased danger to others is regulated by Art. 1079 of the Civil Code of the Russian Federation. The Civil Code of the Russian Federation includes means, mechanisms, high-voltage electrical energy, nuclear energy, explosives, potent poisons, etc., as objects of increased danger, as well as construction and other related activities, etc.

The court from liability in whole or in part if the occurrence or increase of damage was facilitated by the gross negligence of the victim himself.