3.1. Natural and climatic conditions, the history of the creation and development of the Norilsk industrial region

Artillery installations "Condenser 2P" "object 271" and "Oka" "object 273"

Artillery installations "Condenser 2P" "object 271" and "Oka" "object 273" Installations "Condenser 2P" and "Oka" at a military parade on Red Square. Moscow, 1957. Using the power plant and elements of the chassis of the T-10 tank, much more

The subject of environmental law is formed objectively, apart from the will and consciousness of a person. Objectivity is due to the fact that nature satisfies the various interests and needs of man and society. The latter is interested in adequate regulation of its interaction with nature for at least two reasons. The first relates to self-interest associated with the satisfaction of their needs. The second is due to the knowledge of the laws of development of nature. By virtue of their action, a person must protect not only own interests but also interests of other kinds. The principle of respect for all forms of life has been formulated as one of the principles of the draft International Pact on Environment and Development. In Russian law, this principle is implemented by regulating the protection of flora and fauna objects in special legislation.

§ 3
Object of ecological relations

Object of ecological relations- socially significant natural values, about which social relations are formed and regulated in law.

The specificity of the object predetermines the features of social relations regulated in environmental law and forming its subject.

Reflecting the integrated and differentiated approaches implemented in practice to the legal regulation of social relations in the field of interaction between society and nature, modern legislation singles out the following as independent objects of such relations:

environment (environment, natural environment, nature);

natural complexes;

individual natural objects or resources.

The environment (environment, natural environment, nature) is an integrated object, while others are differentiated objects.

If we consider the issue of an integrated object in a historical aspect, then in the environmental law of Russia until the 90s of the twentieth century. he was nature .

Nature(in the natural-scientific sense) - a set of objects and systems of the material world in their natural state, which is not a product of human labor activity.

In a legal sense along with the totality of objects and systems of the material world in their natural state in the concept of "nature" some objects created by human labor are also reasonably included: artificially planted forest, fish grown at fish factories and released into a reservoir, a wild animal released into land for permanent habitation. The main criteria for defining an object as an element of nature are inseparability from natural conditions, inseparability of ecological ties, and non-isolation from the action of elemental forces.

Nature as a set of objects and systems of the material world in their natural state is the whole Universe, including the Earth, the Sun, space. But as an object of relations regulated by the norms of environmental law, the concept of "nature" is limited by the limits of practical use by man and anthropogenic impact on her.

As an integrated object of environmental relations, the concept of "nature" is rarely used in modern environmental legislation and law. It is unreasonably ousted from this industry by the concept of "environment". The few laws containing requirements for nature protection include the Constitution of the Russian Federation, in Art. 58 everyone has the duty to preserve nature and the environment.

Protection Law environment also uses this category as a synonym natural environment. Natural environment (nature) is defined in it as a set of components of the natural environment, natural and natural-anthropogenic objects.

The concept of "environment" as an object of environmental relations was borrowed from foreign law, where it has a broader content. As a rule, there it includes, along with natural elements, objects social environment such as monuments of history and culture. The inclusion of elements of the social environment in the content of the environment allows existing systems foreign legislation.

Environment- a set of components of the natural environment, natural and natural-anthropogenic objects, as well as anthropogenic objects.

The Law on Environmental Protection defines not only the concepts of the environment, but also its individual components (components).

Components of the natural environment- this is the earth, bowels, soils, surface and underground waters, atmospheric air, flora, fauna and other organisms, as well as the ozone layer of the atmosphere and near-Earth outer space, which together provide favorable conditions for the existence of life on Earth.

natural object- this is a natural ecological system, a natural landscape and its constituent elements that have retained their natural properties.

Natural - anthropogenic object- a natural object modified as a result of economic and other activities, and (or) a human-made object that has the properties of a natural object and has recreational and protective value.

anthropogenic object- an object created by man to meet his social needs and does not have the properties of natural objects.

We draw the attention of the legislator to the scientifically unfounded expansion of the concept of the environment in the Law.

In the science of intensively formed Russian environmental law, much attention was paid to the content of the concept of the environment. Along with this concept, Russian legislation uses related concepts: “habitat” (Federal Law of March 30, 1999 No. 52-FZ “On Sanitary and Epidemiological Well-Being”) and “living environment” (Urban Planning Code of the Russian Federation). These concepts are broader in content in comparison with the concept of the environment and correctly include the latter in their content. It is important to emphasize that the concepts of "habitat" and "living environment", along with elements of the natural environment, correctly include objects of the social environment. Due to the fact that the legislator has defined the environment as a legal category that includes, along with natural components, an anthropogenic object, questions arise about the public needs for this, the validity and, most importantly, the availability of appropriate legal mechanisms for their protection.

The legislator does not name those anthropogenic objects that need to be protected by the norms of environmental law along with natural objects - atmospheric air or water. It is known that a huge number of objects have been created by man to meet his social needs, which do not have the properties of natural objects. This is, in particular, a car, telephone, chair, etc. It is not clear how, with what tools the legislator is going to protect them with environmental law and why?

An analysis of the legislation in the historical aspect convinces us that in environmental law the concepts of "environment", "environment", "natural environment", "nature" are identical. Respectively, the environment can be defined as the natural environment (natural environment, nature), i.e. a set of natural complexes, natural objects and natural resources, including atmospheric air, water, earth, soil, subsoil, flora and fauna, as well as climate and near-Earth outer space, in their interconnection and interaction.

Although the concept of “nature” is almost never used in environmental legislation, relations regarding the use and protection of nature are actually regulated by regulating the use and protection of its complexes, individual objects or resources. In the science of environmental law, reasonable proposals are made to abandon the use of the concept of the environment in Russian law in favor of the concept of "nature".

Natural complexes- natural ecological systems and other sets of natural objects and resources - are an independent object of environmental relations, regulated by the norms of environmental law.

Natural complexes are specially protected natural areas (state nature reserves, national parks, resorts, etc.), special zones and other protected areas (water protection zone, sanitary protection zone, territories of traditional nature management, etc.), inland sea, continental shelf, free economic zone, ecologically unfavorable territories, etc. The undoubted advantages of the current stage in the development of environmental legislation include, in particular, the adoption of a number of federal laws regulating public relations regarding natural complexes.

Separate natural objects and resources, regarding which social relations are formed, regulated by legislation, are land, soils, subsoil, water, atmospheric air, forests and flora outside forests, wildlife, near-Earth space. As independent objects of regulation in legislation and law, parts of individual natural objects (resources) are distinguished - the ozone layer, rare and endangered species of plants and animals, climate as a weather regime characteristic of a particular area.

natural object- the totality of the substance of nature of one type - earth, subsoil, water, atmospheric air, forests and wild flora outside forests, wild fauna, etc. - on a global or national scale.

natural resource - a narrower concept in comparison with a natural object is a part of natural objects used by man to satisfy his needs.

For example, the animal world is very diverse. These are fish, hunting game, mosquitoes, etc. All species together form the animal world as a natural object. At the same time, the animal world as a natural resource is formed only by species that are used by humans. Interestingly, according to the Law of the RSFSR "On the Protection of Nature in the RSFSR" (1960), only useful wild fauna were considered objects of protection.

To create an optimal legal mechanism for ensuring the rational use and protection of natural objects (resources), they are classified into exhaustible and inexhaustible; renewable and non-renewable; recoverable and irreplaceable. Taking into account the specific characteristics of a particular natural resource, the legislator establishes legal requirements for its use and protection.

Is a person an object of ecological relations? There is no direct positive or negative answer to it in the legislation. In the doctrine of environmental law, this issue has also received little attention so far. However, based on the analysis of the current Russian legislation on the environment, it can be argued that a person can also be classified as an object of protection. Man is an organic element of nature. Taking into account the specifics of his body, he is also ecologically dependent on the state of water, atmospheric air, as a deer or a wild flower is dependent on them. Without water, both man and flower perish. In a polluted environment, both humans and deer degrade. To the extent that a person is connected ecologically with the natural environment by his health and life, he is a part of nature and, accordingly, one of the objects of its protection. This is confirmed by the provisions of the legislation on the regulation of maximum permissible concentrations (MPC) of pollutants in water, atmospheric air and soil and the regulation of maximum permissible levels (MPC) of harmful effects on the environment. MPC and MPC standards are set at a level that meets the interests of protecting human health and flora and fauna.

Being a biosocial being, a person and his interests simultaneously act in environmental law as objects of indirect protection. We are talking about a person's property that can suffer from the harmful effects of polluted air, water or soil. So, agricultural crops, domestic animals, buildings, structures can suffer. Accordingly, every person has the right to compensation for damage caused to his property by an environmental offense.

§ four
Methods of legal regulation of environmental relations

Legal regulation method- this is a set of techniques, methods and forms of expression of specific regulatory properties and functions inherent in the rules of law of a given industry.

The method of legal regulation can also be defined as a specific method of legal influence established by the rules of law on the behavior of participants in legal relations to exercise the powers of the owner of natural resources, to ensure environmental management, environmental protection, environmental rights and legitimate interests of individuals and legal entities. In science and law, a number of methods are distinguished - imperative, dispositive, incentives, etc. In environmental law, these methods are sometimes used in combination with each other.

The essence of the administrative-legal method of legal regulation consists in establishing a prescription, permission, prohibition, in ensuring state coercion to proper behavior and the execution of legal prescriptions. One of the parties in administrative relations is the authorized body of the state. Accordingly, the parties are in unequal relations - between the participants in administrative legal relations, relations of power and subordination are formed. In environmental law, the administrative-legal method is mediated in specific forms - regulation, examination, certification, licensing, etc. It manifests itself in the establishment by the authorized state body of permissible emissions of pollutants into the environment, which must be observed by enterprises - nature users, the issuance of special licenses to these enterprises for such a release, in permission to make a decision on the construction, for example, of the St. others

Civil - legal method of legal regulation based on the equality of the parties to the legal relationship. In civil - legal relations, their participants usually act as equal subjects, independent of each other. By means of an agreement (agreement) concluded between them, they themselves determine their rights and obligations, which, however, must comply with the law and be within its framework. An example of such an agreement can be an agreement between an enterprise that generates production waste and a transport enterprise for the transportation of waste to recycling facilities.

In the context of the transition to a market economy, in connection with the improvement of civil, business legislation, the civil - legal method is used in this branch of law more and more widely.

Incentive method consists in establishing provisions in the legislation aimed at stimulating subjects of environmental law (as a rule, users of natural resources) to take and implement measures on their own initiative to effectively comply with the requirements of environmental legislation. These provisions include, in particular, the establishment of fees for negative impacts on the state of the environment; the establishment of tax and other benefits provided to state and other enterprises, institutions and organizations, including environmental protection, in the implementation of low-waste and waste-free technologies and industries, the use of secondary resources, and the implementation of other activities that provide an environmental effect; exemption from taxation of certain subjects (or objects), for example, environmental funds, specially protected natural areas; the use of incentive prices and premiums for environmentally friendly products; introduction of special taxation of environmentally harmful products, as well as products manufactured using environmentally hazardous technologies; the use of concessional lending to enterprises, institutions, organizations, regardless of the form of ownership, that effectively protect the environment.

§ 5
The concept of environmental law as a complex branch of Russian law

Environmental law is a complex branch in the system of Russian law. Sometimes it is called a super-branch, since it includes a number of independent branches of law recognized as such - land, water, mining, air protection, forestry and faunistic.

The complex nature of the branch of environmental law is determined, however, not by this circumstance, but by the fact that public environmental relations are regulated both by their own rules and by the rules contained in other branches of Russian law, including civil, constitutional, administrative, criminal, business, financial, agricultural and others. The process of reflecting environmental requirements in these branches of law is called greening respectively civil law, criminal law, business law, etc. So, in Ch. 26 of the Criminal Code of the Russian Federation regulates criminal liability for environmental crimes. The RF Code of Administrative Offenses contains Ch. 8 "Administrative offenses in the field of environmental protection and nature management". The Tax Code of the Russian Federation regulates the collection of so-called environmental taxes (Ch. 25.1, 25.2, 26, etc.).

Given the complex nature of the branch of law under consideration, two fundamental questions arise: what other branches of law should regulate environmental relations and to what extent? These issues are significant because their solution predetermines the scope and effectiveness of the environmental function of the state.

The general rule regarding the greening of "other" legislation regulating social relations affecting the environmental rights and interests of society is as follows. In accordance with Art. 42 of the Constitution of the Russian Federation, everyone has the right to a favorable environment. At the same time, the Constitution of the Russian Federation establishes that the rights and freedoms of man and citizen are directly applicable. They determine the meaning, content and application of laws, the activities of the legislative and executive authorities, local self-government and are provided with justice (Article 18). From this constitutional provision, it follows that in the process of development and improvement of each branch of Russian legislation, the legislature should provide for specific for each of them legal measures to ensure the correct attitude of society towards nature, taking into account the interests of both nature itself due to its inherent value, and man, based, in particular, on the need and possibility of ensuring the right of everyone to a favorable environment.

What do we mean by environmental law? The content of this concept should be determined from the standpoint modern theory law and taking into account the fact that law is intended to serve as a means of building a rule of law state in Russia. In doing so, a number of factors must be taken into account. In theory, law is considered as a set of legal norms, social relations and legal ideas. Considering the law as the main source of law, law in a constitutional state cannot be indifferent to the content of the law. From these positions, the law can be legal (if it corresponds to the ideas of law) and non-legal (when it does not correspond to them). The same should be said about other sources of law - by-laws. This refers to some fundamental truly legal ideas - freedom, equality and justice. Since the idea, as the basis of law, is subjective, it has only the power of authority. Therefore, law includes as its element an idea that has received normative consolidation.

The role of law as a regulator of behavior is realized through the impact of legal norms on specific social relations that form the subject of this industry.

The formation of environmental law as a complex industry has left its mark on the mechanism of action of its rules. Its main elements are environmental regulation, environmental impact assessment, environmental expertise, licensing, economic measures, certification, audit, control, as well as the application of legal liability measures provided for by labor, administrative, criminal and civil law.

environmental law- a set of norms based on environmental and legal ideas that regulate public relations of ownership of natural resources, to ensure the rational use of natural resources and protect the environment from harmful chemical, physical and biological effects in the process of economic and other activities, to protect environmental rights and legitimate interests individuals and legal entities and specific legal relations in these areas.

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an object created by man to meet his social needs and does not have the properties of natural objects.

Watch value Anthropogenic Object in other dictionaries

An object- object, m. (Latin objectum - Subject) (book). 1. That which exists outside of us and independently of us, external world(philosophical). The coincidence of a thought with an object is a process. Lenin. 2. Item,........
Explanatory Dictionary of Ushakov

An object- m. latin. opposite object. subject or self. and m. the glass of the telescope, facing the object, is opposite. eyepiece, eye glass. obvious signs that can ........
Dahl's Explanatory Dictionary

Anthropogenic App.- 1. Created by man, resulting from his activities.
Explanatory Dictionary of Efremova

Anthropogenic— oh, oh. [from Greek. anthrōpos - man and -genēs - giving birth, born]. Appeared as a result of human activity; generated by human activity. Ah, pollution.
Explanatory Dictionary of Kuznetsov

An object- (Latin ob ectum object) - an object that is part of the external, material world; the subject of knowledge and activity of a person, a subject.
Political vocabulary

Policy Object- (from the Latin "objectum" - subject) - that which opposes the subject of politics in his activity, that which the subject's efforts are directed at. The objects of politics include political ........
Political vocabulary

Political Science Object- - politics, the political life of society in its most diverse manifestations.
Political vocabulary

Subject and Object in Politics- - in political science, reflective concepts denoting interaction in politics and showing the vector of its direction. An object in politics is that part of political reality, ........
Political vocabulary

An object- -a; m. [from lat. objectum - subject]
1. Philos. That which exists outside of us and independently of us; the external world, reality, which is directed to the subject-practical ........
Explanatory Dictionary of Kuznetsov

Alternate Additional Object- a group of public relations that are harmed by an encroachment on the main object at the choice of the person committing the crime (Article 163 of the Criminal Code: the main object -........
Law Dictionary

Anthropogenic Object- - an object created by man to meet his social needs and does not have the properties of natural objects.
Law Dictionary

Architectural Object- - according to the definition of the Federal Law "On architectural activity" dated October 18, 1995 "building, structure, complex of buildings and structures, their interior, landscaping, landscape ........
Law Dictionary

An object- Borrowed from Latin, where objectum is derived from objicere - "to throw towards." In addition, in Russian there is a word that translates the Latin objectum - an object.
Etymological Dictionary of Krylov

Substance as an object of invention— - individual chemical compounds, compositions and products of nuclear transformation, characterized mainly by qualitative and quantitative composition.
Law Dictionary

View Object- a part of a generic object that unites social relations of the same type, protected by criminal law. The division of sections into chapters is based on a view object. Species ........
Law Dictionary

water feature- - the concentration of water 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. V. o., which together form the water fund ........
Law Dictionary

Additional Object- public relations that are harmed or a threat of harm is created in the event of an encroachment on the main object. For example, in Art. 162 of the Criminal Code - in case of encroachment ........
Law Dictionary

Single Water Object — surface water and lands covered by them and associated with them (the bottom and banks of a water body) are considered as a single water body. Groundwater and containing ........
Law Dictionary

Identified Object (Identified)- - an object, the signs of which are established, in relation to which the question of identity is being decided in each specific case.
Law Dictionary

Identifying Object (identifying)— - an object on which the properties of the identified object are displayed.
Law Dictionary

Inventory Object- - a complete device with all fixtures and fittings for it, or a separate structurally separate item designed to perform ........
Law Dictionary

Integrated Circuit (as an Intellectual Property)- A product in its final or intermediate form, intended to be electronic function, in which elements, at least one of which is active........
Law Dictionary

Required Additional Object- is always associated with the infliction of this or that harm to him, or with the threat of harm in the event of an encroachment on the main object (Article 162 of the Criminal Code: a necessary additional object is human health).
Law Dictionary

Immediate Object- a part of a specific object, which is a specific social relationship that is violated or threatened with violation by a specific crime. expressed........
Law Dictionary

Detached Water Object (enclosed Pond)- - a small area and stagnant artificial reservoir that does not have a hydraulic connection with other surface water bodies. Water Code of the Russian........
Law Dictionary

General Object- a set of social relations protected by criminal law. They are listed in Part 1 of Art. 2 of the Criminal Code: human and civil rights and freedoms, property, public........
Law Dictionary

An object- (lat. objectum) - in the economy: enterprises, organizations, means and factors of production, elements of the social sphere, characterized as O., in which it is concentrated or on ........
Law Dictionary

Depository Activity Object— - securities issued by residents Russian Federation. In accordance with the requirements of federal laws and other regulatory legal acts, the object of the depository ........
Law Dictionary

Object of Voluntary Medical Insurance— The object of voluntary medical insurance is the insurance risk associated with the costs of providing medical care in the event of an insured event.
Law Dictionary

Animal World Object- - an organism of animal origin (wild animal) or their population. Federal Law No. 52-FZ of April 24, 1995, Art. 1
Law Dictionary

11 Answer. Natural-anthropogenic object, components, characteristics, properties and role in environmental protection.

Naturally - anthropogenic object - a natural object modified as a result of economic and other human activities, or an object created by a person that has the properties of a natural object and has a recreational and protective value. An anthropogenic is an object created by man to meet his needs and does not have the properties of natural objects.

a natural object modified by a person as a result of household or economic activity or created by a person, but having the properties of a natural object

Types of objects of environmental law:

1. Earth– is considered both as a natural object and as a natural resource. The definition is contained in the Labor Code of the Russian Federation. The most used is the concept of a land plot - part of the earth's surface, incl. soil layer, the boundaries of which are described and certified in the prescribed manner. Here we are talking about a purely soil characteristic. The owner of a land plot can only use the land plot. For practical activities, we must choose the optimal legal categories.

2. Subsoil- the definition is contained in the Law "On Subsoil" of 1992: This is the part of the earth's crust located below the soil layer or the bottom of water bodies and extending to the depths available for geological study and development. From the point of view of this concept, some points are still not visible. Subsoil is an independent natural object/resource. In practice, it is impossible to provide a subsoil plot for use without granting a land plot for use, but from a legislative point of view, this connection is not directly visible. Subsoil resources in the Russian Federation are not provided for private ownership. But in the USA - a good example of such provision.

3. Forests (LK RF of 2006). Difficulty in the relationship between the concepts of "forest" and "forest plot". Forests are considered as an ecological system or a natural resource, but no specific signs of the concept of “forests” are given in this code. Art. 7 LK gives the concept of a forest plot rather vaguely, but at least you can see that this is a land plot, the boundaries of which are defined in the manner prescribed by law, which is covered with tree and shrub vegetation. But Russian legislation does not give the concept of tree and shrub vegetation. Therefore, there is some uncertainty, we have to return to the Land Code of the Russian Federation, which introduces the concept of forest fund lands - lands that are divided into forest (covered with tree and shrub vegetation) and non-forest. If the vegetation is located within the lands of the forest fund, then this is a forest. The Town Planning Code introduces the concept of "urban forests".

Types of forests provided for by the LC:

Reserve

Protective

Operational

It is necessary to be guided by the concept of a forest area and the classification of forests from the LC.

4. Water. VK RF dated 3.06.2006 water body- a natural or artificial body of water, watercourse or other object in which there is a permanent or temporary concentration of water characteristic forms water regime.

There should be plenty of water in any water body. VK speaks of streams, lakes, seas. Pools and man-made ponds excavated on owned land plots most often do not belong to water bodies. However, there is by-laws on artificial water bodies. underground water body- a special category, regulated by the norms of both water and mining legislation.

5. Animal world. The definition is contained in the Federal Law "On the Animal World". Animal world- a set of living organisms of all types of wild animals that permanently or temporarily inhabit the territory of the Russian Federation and are in a state of natural freedom, as well as those related to the natural resources of the continental shelf and the exclusive economic zone of the Russian Federation. The concept includes everything: from microorganisms to mammals. Pets, animals on farms and nurseries, stray animals are not included in the concept of the animal world.

6. Atmospheric air. Law "On the Protection of Atmospheric Air" Atmospheric air is a vital component of the environment, which is a natural mixture of atmospheric gases located outside residential, industrial and other premises; Indoor air is regulated by sanitary legislation.

Article 1. Basic concepts

1. The commented article proposes an extensive list of concepts used in this Federal Law. The legal meaning of the definitions lies in the fact that these concepts should be interpreted in the implementation of the law strictly in the meaning given to them in this article. In addition, by general rule, it is this meaning that should be included in the corresponding terms even in the case when they occur in other laws or by-laws, unless a different definition is given in the normative act itself.

The conceptual apparatus of the law is a complex system in which all terms are closely interconnected, each of them is interpreted with the obligatory consideration of all the others. The concept of "natural object" can be considered the initial link in this terminological chain.

The natural object is represented by three varieties. First, it is a natural ecological system that has the following properties: a) an objectively existing part of the natural environment; b) has certain spatial and territorial boundaries; c) consists of living and non-living elements; d) these elements exchange matter and energy, thereby representing a functional whole. Thus, the ecological system is the unity of the habitat and the organisms inhabiting it, which has some independence in relation to the surrounding world, which has stable internal connections.

Secondly, the natural landscape refers to natural objects. If the ecosystem is part of the natural environment, then the landscape is defined more specifically: it is a special territory, the main quality of which is that it has not undergone changes as a result of anthropogenic impact and has been preserved in its natural form. The natural landscape, in addition, is characterized by a holistic combination of such characteristics as terrain, soil, vegetation, formed under the influence of general climatic conditions. Thirdly, each individual element of an ecological system or natural landscape that has retained its original natural properties, that is, not transformed by human activity, is also a natural object. The law also introduces the concept natural complex, which is a more complex formation - a set of several natural objects that are interconnected spatially (by their location), as well as by natural functional connection and interaction.

A natural-anthropogenic object is a phenomenon derived from a natural object. If a natural object fully retains its natural characteristics, then the natural-anthropogenic object is affected by human activity. There are also two varieties here. Firstly, it can be a natural object that has undergone changes in one form or another in the course of economic or other human activities. Secondly, it can be an object that has the properties of a natural object, but is of artificial origin, that is, specially created by man for his own purposes, as a rule, having a recreational purpose (i.e. serving for organizing recreation) or intended for environmental purposes. Reservoirs, green spaces, etc. can be examples of such natural-anthropogenic objects.

Finally, an anthropogenic object is an object that is created by man to meet his needs and, unlike natural-anthropogenic objects, it does not have natural properties.

On this basis, the law defines the environment and the natural environment. The environment is a set of components of the natural environment, natural and natural-anthropogenic objects, as well as anthropogenic objects. The components of the natural environment are understood as earth, subsoil, soils, surface and underground waters, atmospheric air, flora, fauna and other organisms, as well as the ozone layer of the atmosphere and near-Earth outer space. In other words, the components of the natural environment are its main, enlarged components.

The natural environment, or nature, includes components of the natural environment, natural and natural-anthropogenic objects. Thus, this is a narrower concept than the environment, since anthropogenic objects are taken out of its scope. Consequently, the natural environment includes only such objects that have natural properties, whether these properties are preserved intact, in a residual form, or introduced by the efforts of man himself. Objects and phenomena that are purely anthropogenic (technical, consumer, etc.) in nature are part of the environment, but excluded from the composition of the natural environment.

2. Further terminological vocabulary of the law revolves to a large extent around the concept of the environment. Thus, the title term "environmental protection" is defined as activities carried out in the following areas: a) conservation and restoration of the natural environment, b) rational use and reproduction of natural resources, c) prevention of the negative impact of economic and other activities on the environment; d) elimination of the consequences of such impact. Thus, environmental protection is distinguished only by its content, and not by subjects, which can be not only state authorities and local governments, but also public and other non-profit associations, any legal entities and individuals. A synonym for environmental protection, in accordance with the law, is the concept of "environmental activity".

An important characteristic is the quality of the environment - this is its condition, assessed in terms of physical (temperature, radiation), chemical (composition of elements, proportion of various substances), biological (presence of microorganisms) and other indicators used individually or in combination. The environment is favorable if its quality creates conditions for the sustainable functioning of natural and natural-anthropogenic objects (the law separately names natural ecological systems here, but there is no need for this, since they are a type of natural objects). Sustainable functioning assumes that natural and natural-anthropogenic objects retain their basic qualities and exist in a regime as close as possible to natural environment habitats, lead normal life activities, their needs are adequately provided, there are opportunities for development and there is no threat of destruction or damage.

Under natural resources, the law understands the components of the natural environment, natural objects and natural-anthropogenic objects that are used or can be used in the implementation of economic and other activities as energy sources, production products and consumer goods and have consumer value. Thus, the actual use of any natural objects is not required in order for them to be classified as natural resources, it is enough that they have certain useful properties that may be of interest for production activities or direct consumption. Use of natural resources - exploitation of natural resources, their involvement in economic turnover, including all types of impact on them in the course of economic and other activities. Utilization means extracting useful properties from natural resources.

3. The next terminological block is related to the restrictions on the negative impact on the environment. This is such an impact of economic and other activities, the consequences of which lead to negative changes in the quality of the environment. Environmental pollution is defined as the entry into the environment of a substance and (or) energy, the properties, location or quantity of which have a negative impact on the environment. Thus, the source can be either a certain substance or another type of impact (noise, heat, radiation), and the danger to the environment can be caused not only by the harmful properties of the source itself, but also by the amount of exposure exceeding normal, or by the ingress of a relatively harmless substances into an unsuitable environment.

The legislative interpretation of a pollutant is peculiar: a substance (mixture of substances) is recognized as such, which not only has properties harmful to the environment, but also exceeds the environmental impact standards established for this group of substances in its quantity or concentration (i.e. this concept has both qualitative and quantitative content).

The terminology related to regulation in the field of the environment has been expanded. The generic concept here is the standard in the field of environmental protection, or environmental standard. These are environmental quality standards established in the appropriate order and standards of permissible impact on it, subject to which the sustainable functioning of natural ecological systems is ensured and biodiversity. The standard in this case implies a clearly defined quantitative threshold, the passage of which poses a danger to the environment.

The two main types of environmental standards are environmental quality standards and standards for permissible environmental impact. Environmental quality standards are such measurable, calculable characteristics of the environment that ensure its favorable state. Quality standards are established in the form of physical, chemical, biological and other environmental indicators. Permissible impact standards are no longer requirements for the environment itself, but for human activities that affect the environment; these are restrictions imposed on the sources of anthropogenic impact in order to comply with quality standards.

Further, the law proposes a more detailed, detailed list of environmental standards. In particular, among the allowable impact standards, such a type as the allowable anthropogenic load on the environment is singled out - these are standards that express the amount of the allowable total impact of all sources on the environment or individual components of the natural environment within specific territories or water areas. Another type of standards of the same category is the standards for permissible emissions and discharges of chemicals, including radioactive, other substances and microorganisms, which are expressed in terms of the mass of these substances or microorganisms that are allowed to enter the environment from various sources, taking into account technological standards. Technological standards, in turn, are those standards that are established for stationary, mobile and other sources, technological processes, equipment, and their peculiarity lies in the fact that they are calculated per unit of output.

The environmental quality standards, in turn, include the standards for maximum permissible concentrations, i.e. indicators of the maximum allowable content of chemicals, including radioactive, other substances and microorganisms in the environment. Another variety is the standards of permissible physical impacts, reflecting the levels of permissible impact of certain physical factors on the environment, subject to which environmental quality standards are ensured. A special group of restrictions are limits on emissions and discharges of pollutants and microorganisms, distinguishing feature which lies in the fact that they are established for the period of environmental protection measures, including the introduction of the best existing technologies, and act as a means of complying with environmental protection standards.

4. The last thematic cycle of terms defined in the law is related to the problems of state control and ensuring environmental safety. Thus, environmental impact assessment is a special activity to identify, analyze and take into account the consequences of the environmental impact of the planned economic and other activities; based on the results of such an assessment, a decision is made on the possibility or impossibility of carrying out the relevant activity, depending on the nature and scale of the impact of this activity on the state of the environment. As can be seen from the legislative definition, not only direct, but also indirect and other consequences of the proposed activity are taken into account (although it is not entirely clear what other consequences, besides direct and indirect ones, can be).

Environmental monitoring (environmental monitoring) should be distinguished from environmental impact assessment (EIA), which includes a system of observations of the state of the environment, assessment and forecast of changes in the state of the environment under the influence of natural and anthropogenic factors.

Prior to January 1, 2007, EIA was understood primarily as a procedure preceding the state environmental review. From 2007 to the present, in relation to capital construction projects, including especially hazardous facilities, a unified state expertise has been carried out in accordance with urban planning legislation, during which project documentation is also checked for compliance with environmental requirements. The legal grounds for conducting an EIA for the purposes of state expertise are Art. 49 of the Civil Code of the Russian Federation, which names among the mandatory documents submitted for examination an action plan for environmental protection (EMEP), and Decree of the Government of the Russian Federation of February 16, 2008 N 87 "On the composition of sections of project documentation and requirements for their content", defining, that the EIA of a capital construction object is integral part PMOOS.

The difference between EIA and environmental monitoring lies, firstly, in the direction (EIA is designed to determine the consequences of a particular type of planned activity, monitoring covers the state of the environment as a whole), and secondly, in legal consequences (EIA serves as a direct basis for deciding on the possibility planned activities; monitoring is intended to collect information that can be used for a variety of purposes). As part of environmental monitoring, state environmental monitoring is singled out, the subject of which can only be a federal or regional government body.

Another related activity is control in the field of environmental protection, or environmental control. This activity is more of a law enforcement nature and is a set of measures aimed at preventing, detecting and suppressing violations of legislation in the field of environmental protection, ensuring compliance by economic and other entities with requirements, including standards and normative documents, in the field of environmental protection. Requirements in the field of environmental protection (environmental requirements) are legally binding conditions imposed by law and other regulations on economic and other activities in order to protect the environment.

Finally, an environmental audit is a special type of assessment of compliance with environmental requirements, which is characterized by the following features: a) independence (i.e., it is carried out by some third-party entities specializing in audit activities and involved separately for each case); b) complexity (i.e. systemic nature, assessment of all existing aspects of economic activity from an environmental point of view); c) documentation (the results of the audit are expressed in a reasoned conclusion or act, which describes the objects of the audit, its course and results); d) presence practical advice following the results of the check.

Thus, the law defines four different types of environmental assessment: EIA, environmental monitoring, environmental control and environmental audit. The criteria for their differentiation are clearly indicated. It should be noted that the concept of environmental audit is no longer used in the law; along with this, for unknown reasons, the article does not provide a definition of environmental expertise.

The law also clarifies such a concept as "the best existing technology." Such technology has the following characteristics: a) it is based on the latest, most advanced scientific developments; b) provides for a real reduction in the negative impact of technological processes on the state of the environment; c) has a certain period of application, taking into account socio-economic factors.

Unfortunately, the definition of environmental damage proposed in the law as a negative change in the environment as a result of its pollution, which has led to the degradation of natural ecological systems and the depletion of natural resources, is extremely inaccurate and deserves serious criticism. In particular, from this definition it follows that the deterioration of the state of the environment, which has not taken such extreme forms as degradation or depletion, from the point of view of the law does not have the character of environmental harm at all. It seems that in reality any pollution of the environment that has led to a negative change in its state, disrupted the functioning of natural or natural-anthropogenic objects should be considered environmental harm; degradation of the ecological system or the depletion of natural resources are not the only, but only the most severe manifestations of such harm.

The law also defines the concept of environmental risk. Ecological risk - the probability of such an event occurring that will have an adverse impact on the natural environment; such an event may be associated with the implementation of economic or other activities (for example, excess emissions) or have the nature of an emergency of natural or man-made origin. Risk is not an abstract possibility, but a real probability that can be predicted and calculated in terms of timing, potential consequences, ways to prevent and eliminate, etc.

The article ends with a definition of environmental safety. Environmental safety is a kind of ultimate goal of environmental protection, the desired result of all environmental protection measures. This is a state of protection of the natural environment, and as a result - the environmental interests of the individual, from any negative impacts, whether from economic activity or as a result of emergency situations. The concept of environmental safety provides a legal criterion for a generalized assessment of certain real situations related to the environment or its individual elements. In addition to environmental safety, the legislation provides for ensuring the industrial safety of hazardous production facilities, radiation safety, and the safety of hydraulic structures.

According to Art. 1 of the Law on Industrial Safety, industrial safety of hazardous production facilities means the state of protection of the vital interests of the individual and society from accidents at hazardous production facilities and the consequences of these accidents. The definition of radiation safety is enshrined in the Law on Radiation Safety. This type security is understood as "the state of protection of the present and future generations of people from the harmful effects of ionizing radiation."

The safety of hydraulic structures is a property of hydraulic structures that makes it possible to protect the life, health and legitimate interests of people, the environment and business facilities (Article 3 of the Law on the Safety of Hydraulic Structures).

On the one hand, these types of safety cannot be considered as types of environmental safety, since the objects of their regulation go beyond the scope of ensuring environmental safety. For example, the content of industrial safety includes, in addition to environmental requirements, compliance with labor protection rules, as well as various standards for the operation of production equipment.

On the other hand, it is impossible not to admit that the scope of the considered types of security is largely similar. It can be stated that they are in contact in the field of ensuring the requirements for environmental protection, as well as in their main goal, which is the protection of humans from negative anthropogenic impacts (for the relationship between environmental and radiation safety, see the commentary to Article 48).