Any law-making activity of the state is primarily associated with the proclamation of the principles of regulated social activity. The principles of environmental protection are enshrined in the Federal Law of January 10, 2002 No. 7-ФЗ “On Environmental Protection”. Of course, it is impossible to single out the exclusive principles of environmental management among the principles of environmental law, but the following are among the most important for the implementation of state policy in the field of environmental management.
General principles OF Environmental Protection
- A scientifically based combination of environmental, economic and social interests of a person, society and the state in order to ensure sustainable development and a favorable environment.
This principle contains the most important condition for achieving a compromise between socio-economic and environmental public interests and ensures the active participation of the scientific expert community in solving problems of environmental management and environmental protection. The law defines a favorable environment as the environment, the quality of which ensures the sustainable functioning of natural ecological systems, natural and natural anthropogenic objects.
- Protection, reproduction and rational use of natural resources as necessary conditions for ensuring a favorable environment and environmental safety.
This principle proclaims the relationship between nature management and environmental protection, while the environment is favorable, the quality of which ensures the sustainable functioning of natural ecological systems, natural and natural-anthropogenic objects, and environmental safety is indicated as a goal of legal regulation, and rational environmental management progress.
- Paid nature management and compensation for environmental damage.
- Obligation of financing by legal entities and individual entrepreneurs engaged in economic activity, which leads or may lead to environmental pollution, taking measures to prevent and reduce negative environmental impact, and eliminate the consequences of this impact.
The most important conditions for nature management are indicated: payment for the exploitation of natural resources and compensation for environmental damage caused by nature management. These principles create the basis for the development of not only administrative, but also economic mechanisms for environmental management. It should be noted that by environmental pollution the law means the entry into the environment of a substance and energy, whose properties, location or quantity have a negative impact on the environment, i.e. lead to negative changes in the quality of the environment.
- Presumption of environmental hazard of the planned economic and other activities.
This principle plays a key role in the development of all environmental legislation, since it claims the existence of environmental harm to any human activity, i.e. imposes on the business entity the obligation to justify compliance with environmental law.
- Obligation of environmental impact assessment when making decisions on the implementation of economic and other activities.
According to Art. 1 of the Federal Law of January 10, 2002 No. 7-ФЗ “On Environmental Protection” environmental impact assessment is a type of activity aimed at identifying, analyzing and accounting for direct, indirect and other consequences of environmental impact of planned economic and other activities with a view to making decisions about the possibility or impossibility of its implementation.
- Obligation to conduct in accordance with the legislation of the Russian design verification and other documentation, proving the economic and other activities , which can have a negative impact on the environment , endanger the life , health and property of citizens , for compliance with technical regulations in the field of environmental protection.
This principle lays the foundation for the development of such institutions as environmental assessment of planned activities in the field of environmental management, rationing of environmental impact during work, etc.
- Consideration of the natural and socio-economic characteristics of territories in the planning and implementation of economic and other activities.
Mostly aimed at environmental protection, this principle is especially important for environmental management. Certain regions of the Russian Federation differ greatly in their natural and social conditions, which must be taken into account when planning and implementing the exploitation of natural resources. Additional coefficients are envisaged for cities and PAs, including medical and recreational areas and resorts, as well as for the regions of the Far North and equivalent areas, the Baikal natural territory and zones of ecological disaster.
- The priority of preserving natural ecological systems, natural landscapes and natural complexes.
This principle imposes serious restrictions on the use of natural resources in specially protected areas. The natural ecological system of the Federal Law of January 10, 2002 No. 7-ФЗ “On Environmental Protection” defines as an objectively existing part of the natural environment, which has spatial-territorial boundaries and in which it is alive (plants, animals and other organisms) and its non-living the elements interact as a single functional unit and are interconnected by the exchange of matter and energy. Under the natural complex understand the complex of natural objects functionally and naturally interconnected among themselves, united by geographic and other relevant features, and the natural landscape is a territory that has not undergone a change as a result of economic and other activities and is characterized by a combination of certain types of terrain, soil, vegetation formed in uniform climatic conditions.
- The admissibility of the impact of economic and other activities on the environment based on the requirements in the field of environmental protection, i.e. mandatory conditions and restrictions imposed on economic and other activities established by legislative acts in the field of environmental protection.
- Ensuring the reduction of the negative impact of economic and other activities on the environment in accordance with environmental standards, which can be achieved by using the best available technologies, taking into account economic and social factors.
Both principles point to the priority of environmental legislation, and the concept of the “best available technologies”, i.e. according to art. 1 of the Federal Law of January 10, 2002 No. 7-ФЗ “On Environmental Protection”, the technology of production of products (goods), performance of works, rendering of services, determined on the basis of modern achievements of science and technology and the best combination of criteria for achieving environmental protection goals subject to the availability of the technical possibility of its use. The introduction of the best available technologies is a prerequisite for greener production.
- Prohibition of economic and other activities, the consequences of which are unpredictable for the environment, as well as the implementation of projects that may lead to the degradation of natural ecological systems, changes and destruction of the genetic stock of plants, animals and other organisms, depletion of natural resources and other negative changes in the environment. environment.
Given the fact that nature management is an activity associated with the large-scale exploitation of natural resources, this principle is especially important to prevent the degradation of natural resources.
- Ensuring a combination of general and individual approaches to the establishment of measures of state regulation in the field of environmental protection, applicable to legal entities and individual entrepreneurs engaged in economic and other activities or planning to carry out such activities.
This principle allows to take into account the specifics of the region, industry, specific enterprise in the planning and implementation of state regulation in the field of environmental protection and environmental management.