Chapter II. The Fundamentals of Environmental Protection Administration (Articles 5-10)
Chapter III. The Rights and Duties of Citizens, Public and other Non-Commercial Associations in the Field of Environmental Protection (Articles 11-13)
Chapter IV. Economic Regulation in the Field of Environmental Protection (Articles 14-18)
Chapter V. Setting Norms in the Field of Environmental Protection (Articles 19-31)
Chapter VI. Assessment of Effects on the Environment and Ecological Expert Examination (Articles 32-33)
Chapter VII. The Environmental Protection Provisions Applicable in the Case of Pursuance of Economic and other Activities (Articles 34-56)
Chapter VIII. Ecological Disaster Zones, Emergency Situation Zones (Article 57)
Chapter IX. The Natural Facilities under Special Protection (Articles 58-62)
Chapter X. The State Environmental Monitoring (State Ecological Monitoring) (Article 63)
Chapter XI. Control in the Field of Environmental Protection (Ecological Control) (Articles 64-69)
Chapter XII. Scientific Research in the Field of Environmental Protection (Article 70)
Chapter XIII. The Fundamentals of Shaping up an Ecological Culture (Articles 71-74)
Chapter XIV. Liabilities for a Breach of Environmental Protection Legislation and Settlement of Disputes in the Field of Environmental Protection (Articles 75-80) Chapter V. International Co-Operation in the Field of Environmental Protection (81-82)
Chapter XVI. Conclusive Provisions (83-84) In accordance with the Constitution of the Russian Federation everybody has a right to a favourable environment, everybody shall preserve the nature and the environment, carefully deal with the natural wealth being a basis for the sustainable development, life and activities of the peoples inhabiting the territory of the Russian Federation. The present Federal Law lays down a legal foundation for the state policy in the field of environmental protection as ensuring a balanced solution for socio-economic tasks, preservation of a favourable environment, biological diversity and natural resources for the purpose of meeting the needs of the present and future generations, enhancing law and order in the field of environmental protection as well as ecological safety. The present Federal Law governs relations in the field of interaction of the society and the nature occurring in economic and other activities affecting the natural environment as the most important component of the environment as a whole being the foundation of life on the Earth, within the territory of the Russian Federation and on the continental shelf and in the exclusive economic zone of the Russian Federation.
Chapter I. General Provisions
Article 1. Basic Terms The following basic terms are used in the present Federal Law: "the environment" is an aggregate of components of natural environment, natural and natural - man - made facilities and also man - made facilities; "natural environment (hereinafter also referred to as "the nature")" is an aggregate of components of natural environment, natural and natural - man - made facilities; "components of natural environment" is the ground, sub-soil, soils, surface and underground waters, atmospheric air, vegetation, animal world and other organisms as also the atmospheric ozone layer and the outer space adjacent to the Earth ensuring, in their aggregate, favourable conditions for the pursuance of life on the Earth; "natural facility" is the natural ecological system, natural landscape and the components thereof that retain their natural properties; "natural-man-made facility" is a natural facility that has been modified as the result of economic and other activity and/or man made facility having the properties of a natural facility and having recreational or preservation significance; "man-made facility" is a facility created by the man for the purpose of catering to the man's social needs and not having the properties of a natural facility; "natural ecological system" is an objectively existing portion of the natural environment that has space/territorial boundaries and where live (plants, animals and other organisms) and non-live components interact as a single functional entity and are inter-related by means of exchange of substances and energy; "natural complex" is a complex of functionally and naturally inter-related natural facilities put together with regard to geographical and other relevant features; "natural landscape" is a territory that has not undergone modification as a result of economic and other activity and which is characterized by a combination of specific types of terrain, soil, vegetation that have shaped up in uniform climatic conditions; "environmental protection" is the activity of governmental bodies of the Russian Federation, governmental bodies of Russian regions, local government bodies, public and other non¬commercial associations, legal entities and natural persons aimed at preserving and restoring natural environment, rational use and reproduction of natural resources, prevention of a negative effect of economic and other activities on the environment and elimination of the consequences of such effects (hereinafter also referred to as "natural environment preservation activity"); "the quality of the environment" is the condition of the environment characterized by physical, chemical, biological and other indicators and/or combination thereof; "favourable environment" is an environment the quality of which ensures a stable operation of natural ecological systems, natural and natural-man made facilities; "negative effect on the environment" is an effect of economic and other activity the consequences of which lead to a negative change in the quality of the environment; "the use of natural resources" is exploitation of natural resources, involvement of such resources in economic relations, in particular, all types of effect exerted thereon in the course of economic and other activities; "environmental pollution" is the putting of a substance and/or energy into the environment when the properties, location or quantity of the substance cause a negative effect on the environment; "pollutant" is a substance or a compound the quantity and/or concentration of which exceed the rates set for chemical substances, in particular, radioactive ones, other substances and micro-organisms and exerts a negative effect on the environment; "environmental norms" (hereinafter also referred to as "natural preservation norms") is established norms of the quantity of the environment and admissible effects thereon the observance of which ensures a stable operation of natural ecological systems and preservation of diversity; "norms of admissible emission and dumping of chemical substances, in particular, radioactive, other substances and micro-organisms" (hereinafter referred also as "norms of admissible substance and micro-organism emission and dumping") means norms established for agents pursuing economic and other activity, in compliance with the weight of chemical substances, in particular, radioactive, other substances and micro-organisms admissible for getting into the environment from stationary, movable and other sources in a specific operating mode and with due regard to the technological norms and the observance of which ensures the observance of environmental quality norms; "technological norm" is a norm of admissible emission or dumping of substances and micro-organisms that is set for stationary, movable and other sources, technological processes, equipment and reflect the admissible weight of emissions and dumping of substances and micro-organisms into the environment per unit of output product; "norms of maximum admissible concentration of chemical substances, in particular, radioactive, other substances and micro-organisms" (hereinafter also referred to as "maximum admissible concentration norms" ) means norms established in compliance with the indicators of maximum admissible content of chemical substances, in particular, radioactive, other substances and micro-organisms in the environment the non¬observance of which can leads to environmental pollution, degradation of natural ecological systems; "natural resources" means natural environment components, natural facilities and natural - man - made facilities which are or can be used in economic and other activity as sources of energy, production products and consumption items and have a consumer value; "environment quality norms" is norms established in compliance with physical, chemical, biological and other indicators for the purpose of assessing the condition of the environment and the observance whereof ensures a favourable environment; "norms of admissible effects on the environment" means norms established in compliance with the indicators of effects exerted by economic and other activities on the environment and the observance of which ensures the observance of the environment quality norms; "norms of admissible man - made load on the environment" means norms established in compliance with the value of admissible aggregate effect of all sources on the environment and/or specific components of natural environment within specific territories and/or water areas the observance of which ensures a stable operation natural ecological systems and preservation of biological diversity; "norms of admissible physical effects" means norms established in compliance with the levels of admissible effects of physical factors on the environment and the observance of which ensures the observance of environment quality norms;
Article 2. Environmental Protection Legislation
1. Environmental protection legislation is based on the Constitution of the Russian Federation and its is composed of the present Federal Law, the other federal laws and also other regulatory acts of the Russian Federation, laws and other regulatory legal acts of Russian regions adopted pursuant thereto.
2. The present Federal Law is effective throughout the whole territory of the Russian Federation.
3. The present Federal Law is effective on the continental shelf and in the exclusive economic zone of the Russian Federation in keeping with the norms of international law and federal laws and it is aimed at preserving the sea environment.
4. The relations emerging in the filed of environmental protection as the basis of life and activity of the peoples inhabiting the territory of the Russian Federation, for the purpose of ensuring their right to a favourable environment shall be governed by the international treaties of the Russian Federation, the present Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of Russian regions.
5. The relations emerging in the field of protection and rational use of natural resources, their preservation and restoration shall be governed by the international treaties of the Russian Federation, the land, water, forestry legislation, the legislation on sub-soil, animal world, other legislation in the field of environmental protection and use of natural wealth.
6. The relations emerging in the field of environmental protection, to the extent it is required for the purposes of ensuring the sanitary and epidemiological well being of the public shall be governed by the legislation on the sanitary and epidemiological well being of the public and the legislation on health protection, other legislation aimed at ensuring an environment favourable for the human being.
Article 3. The Basic Principles of Environmental Protection The economic and other activities of the governmental bodies of the Russian Federation, the governmental bodies of Russian regions, local government bodies, legal entities and natural persons that exert effects on the environment shall be pursued on the basis of the below principles: the observance of the human right to a favourable environment; - the provision of favourable conditions for the activities of the human being; science based combination of ecological, economic and social interests of the human being, the society and the state for the purpose of ensuring a sustained development and a favourable environment; the protection, reproduction and rational use of natural resources as prerequisites for ensuring a favourable environment and ecological safety; the responsibility of the governmental bodies of the Russian Federation, the governmental bodies of Russian regions, local government bodies for the provision of a favourable environment and ecological safety on relevant territories; the use of natural wealth for a pay and the reimbursement of a harm inflicted to the environment; the independence of environmental protection control; the presumption of ecological threat of a planned economic and other activities; the compulsory nature of assessment of effects on the environment in case when decisions are made as to the pursuance of an economic or other activity; the compulsory nature of the state ecological expert examination of project designs and other documentation stating feasibility of an economic and other activity capable of exerting a negative effect on the environment, creating a threat to citizens' life, health and property; the keeping of record of territories' natural and socio-economic peculiarities of the planning and pursuance of economic and other activities; the priority of preservation of natural ecological systems, natural landscapes and natural complexes; the admissible extent of effects on the natural environment of economic and other activities from the perspective of environmental protection standards; arrangement for a reduction of the negative effect of an economic or another activity on the environment in keeping with environmental protection norms, through the use of the best existing technologies with due regard to economic and social factors; the compulsory nature of the participation in environmental protection of the governmental bodies of the Russian Federation, the governmental bodies of Russian regions, local government bodies, public and other non-commercial associations, legal entities and natural persons; the preservation of biological diversity; arrangement for the pursuance of integrated and individual approaches to the setting of the environmental protection standards applicable to economic and other agents pursuing economic or other activities or planning to pursue them; - the prohibition of an economic and another activity the environmental consequences of which cannot be predicted and of the implementation of a project capable of leading to a degradation of natural ecological systems, a change in and/or destruction of the genetic stock of plants, animals and other organisms, depletion of natural resources and other negative changes in the environment; the observance of everybody's right of access to reliable information on the condition of the environment and also the participation of citizens in the decision making concerning their right to a favourable environment, in compliance with law; - responsibility for a breach of the environmental protection legislation; the organization and development of system of ecological education, the fostering and shaping up of an ecological culture; the participation of citizens, public and other non-commercial associations in the resolution of environmental protection problems; the international co-operation of the Russian Federation in the field of environmental protection.
Article 4. Environmental Protection Facilities
1. The facilities being the subject matter of environmental protection against pollution, depletion, degradation, damage, destruction and other negative effects resulting from economic and another activity are as follows: ground, sub-soil, soil; surface and underground waters; forests and other vegetation, animals and other organisms and the genetic stock thereof; the atmospheric air, the atmosphere ozone layer and the outer space adjacent to the Earth.
2. The following shall be subject to priority protection: the natural ecological systems, natural landscapes and natural complexes which have not been exposed to man-made effects.
3. The following shall be subject to special protection: the facilities included in the List of the World Cultural Heritage and the List of the World Nature Heritage, state natural sanctuaries, in particular, biosphere, state natural game reserves, nature monuments, national, natural and dendrological parks, botanical gardens, health rehabilitation areas and health resorts, other natural complexes, the original inhabited environment and the areas of traditional habitation and economic activity of small- numbered indigenous peoples of the Russian Federation, the facilities of special nature preservation, scientific, history/culture, aesthetic, recreational, health rehabilitation and other valuable significance, the continental shelf and the exclusive economic zone of the Russian Federation and also the rare or extinction-threatened soils, forests and other vegetation, animals and other organisms and their habitats.
Chapter II. The Fundamentals of Environmental Protection Administration
Article 5. The Powers of Governmental Bodies of the Russian Federation the Field of Relations Connected with Environmental Protection Below are the powers of the governmental bodies of the Russian Federation in the field of relations connected with environmental protection: arranging for the pursuance of federal policy in the sphere of ecological development of other Russian Federation; elaborating and publishing federal laws and other regulatory legal acts in the field of environmental protection and control over the implementation thereof; elaborating, approving and bringing about the implementation of federal programs in the field of ecological development of the Russian Federation; announcing and establishing the legal status and regime of ecological disaster zones on the territory of the Russian Federation; co-ordinating and implementing environmental protection measures in ecological disaster zones; establishing procedure for performance of state environmental monitoring (state ecological monitoring), forming state system for observation over the condition of the environment and keeping this system operational; establishing procedure for exercising state control in the field of environmental protection, in particular, at economic and other activity facilities, irrespective of their form of ownership, under the administration of the Russian Federation, facilities contributing to trans border environmental pollution and exerting negative effects on the environment within the territories of two and more Russian regions (federal state ecological control); designating the federal executive bodies responsible for state administration in environmental protection sphere; arranging for the protection of the environment, in particular, of sea environment on the continental shelf and in the exclusive economic zone of the Russian Federation; - establishing a procedure for handling radioactive waste and hazardous material, exercising control over radioactive safety; - preparing and distributing the annual state report on environmental condition and environmental protection; - setting standards in the field of environmental protection, developing and approving environmental protection norms, state standards and other regulatory documents; establishing procedure for determining the rate of payment for pollutant emissions and dumping into the environment, waste disposal and other types of negative effect on the environment; - organizing and conducting state ecological expert examination; - interaction with Russian regions on the matters of environmental protection; establishing procedure for limiting, suspending and prohibiting economic and other activities pursued in breach of environmental protection legislation, and implementing them; - suing for damages in the case of infliction of harm to the environment as a result of a breach of the environmental protection legislation; organizing and developing the ecological education system, shaping up the ecological culture providing the public with reliable information on the state of the environment; forming specially protected natural territories of federal significance, world heritage nature facilities, managing the nature sanctuaries stock, keeping the Red Book of the Russian Federation; keeping state records of facilities exerting negative effects on the environment, classifying them depending on the level and scope of negative effect on the environment; keeping state records of specially protected nature territories, in particular, nature complexes and facilities as well as natural resources with due regard of their ecological significance; performing an economic assessment of the effects of economic and other activities on the environment; performing an economic assessment of nature and nature man made facilities; establishing a procedure for licensing specific types of activity in the field of environmental protection and implementing it; carrying on the international co-operation of the Russian Federation in the field of environmental protection; exercising the other powers specified in federal laws and other regulatory legal acts of the Russian Federation.
Article 6. The Powers of Governmental Bodies of Russian Regions and the Sphere of Relations Connected with Environmental Protection Below are the powers of governmental bodies of Russian regions in the sphere of relations connected with environmental protection: setting out the main guidelines for environmental protection on the territories of Russian regions with due regard to geographical, natural, socio-economic and other peculiarities of the regions; participating in the elaboration of federal policy in the field of ecological development of the Russian Federation and relevant programs; implementing the federal policy in the field of ecological development of the Russian Federation on the territories of Russian regions with due regard to their geographical, natural, socio-economic and other peculiarities; elaborating and enacting laws and other regulatory legal acts of Russian regions in the field of environmental protection with due regard to the geographical, natural, socio- economic and other peculiarities of the Russian regions; monitoring the implementation; elaborating and approving environmental protection norms, state standards and other regulatory documents containing specific provisions, regulations and rules not below those set at the federal level; elaborating, approving and implementing environmental protection target programs for Russian regions; taking nature preservation and other measures for improvement of environmental conditions in ecological disaster zones on the territories of Russian regions; organizing and implementing, in the manner established by Russian law, and state environmental monitoring (state ecological monitoring), forming and arranging for the operation of territorial environmental observation systems on the territories of Russian regions; exercising state control in the field of environmental protection (state ecological control) over the economic and other agents, irrespective of their forms of ownership, located on the territories of Russian regions, except for economic and other agents subject to federal state ecological control; - performing an economic assessment of the effects of economic and other activities on the environment; holding persons at fault accountable under administrative and other law; suing for damages relating to harm inflicted to the environment as a result of a breach of the environmental protection legislation; forming specially protected natural territories of regional significance, exercising administration and control in the field of protection and use of such territories; organizing and developing an ecological education system and shaping up ecological culture on the territories of Russian regions; limiting, suspending and/or prohibiting economic and other activities performed in breach of the environmental protection legislation, within the scope of their powers on the territories of Russian regions; providing the public with reliable information on environmental conditions on the territories of Russian regions; - keeping record of facilities and sources of negative effects on the environment on the territories of Russian regions; - keeping the Red Book of a Russian region; carrying on ecological certification; regulating other issues in the field of environment protection within the scope of their powers.
Article 7. The Powers of Local Government Bodies and the Field of Relations Connected with Environmental Protection The powers of local government bodies in the field of relations connected with environmental protection shall be determined in compliance with federal laws.
Article 8. The Executive Governmental Bodies Responsible for State Administration in the Field of Environmental Protection
1. State administration in the field of environmental protection shall be performed by the federal executive governmental bodies authorized in the manner established by the Constitution of the Russian Federation and the Federal Constitutional Law on the Government of the Russian Federation.
2. The governmental bodies of Russian regions responsible for state administration in the field of environmental protection shall be designated by the Russian regions.
Article 9. Delineation of Powers in the Field of Relations Connected with Environmental Protection between the Governmental Bodies of the Russian Federation and the Governmental Bodies of Russian Regions.
1. Delineation of powers in the field of relations connected with environmental protection between the governmental bodies of the Russian Federation and the governmental bodies of Russian regions shall be effected by the Constitution of the Russian Federation and federal laws as well as agreements on delineation of cognisance and powers between the governmental bodies of the Russian Federation and the governmental bodies of Russian regions.
2. Agreements between federal executive governmental bodies and executive governmental bodies of Russian regions on the transfer of a portion of powers in the field of relations connected with environmental protection, in particular, in the field of a state ecological expert examination of the facilities subject to compulsory state ecological examination conducted on the level of Russian regions shall be concluded in compliance with the Constitution of the Russian Federation and federal laws.
Article 10. The Administration in the Field of Environmental Protection Performed by Local Government Bodies. Local government bodies shall perform administration in the field of environmental protection in compliance with the present Federal Law and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of Russian regions, the charters of municipal entities and regulatory legal acts of local government bodies.
Chapter III. The Rights and Duties of Citizens, Public and Other Non-Commercial Associations in the Field of Environmental Protection.
Article 11. The Rights and Duties of Citizens in the Field of Environmental Protection
1. Each citizen is entitled to a favourable environment, its protection against negative effects caused by economic and other activities, natural and man made emergencies, to reliable information on the condition of the environment and to reimbursement of harm. inflicted to the environment. According to the Constitution of the Russian Federation everybody is entitled to a favourable environment, reliable information on the condition thereof and to reimbursement for the harm inflicted to one’ s health or property by an ecological offence
2. Citizens are entitled to: form public associations, funds and other non-commercial organizations carrying on their activities in the field of environmental protection; file applications with governmental bodies of the Russian Federation, governmental bodies of Russian regions, local government bodies, other organizations and officials asking for timely, complete and reliable information on environmental conditions in the area where they reside and on the measures taken for the. protection thereof; take part in meetings, rallies, demonstrations, marches and picketing, collection of signatures for petitions, referendums on environmental protection issues and other actions not conflicting with Russian law; put forward proposals for the public ecological expert examination and take part in the conduct thereof in the established manner; provide assistance to governmental bodies of the Russian Federation, governmental bodies of Russian regions, local government bodies in the resolution of environmental protection issues; file the following with governmental bodies of the Russian Federation, governmental bodies of Russian regions, local government bodies and other organizations: complaints, applications and proposals on issues concerning environmental protection, negative effects on the environment and to obtain timely and well-substantiated replies; file complaints with the court claiming reimbursement for harm inflicted to the environment; exercise the other rights envisaged by the legislation.
3. Citizens shall: preserve the nature and the environment; display careful attitude to the nature and natural wealth; observe other legislative provisions.
Article 12. The Rights and Duties of Public and Other Non-Commercial Associations Pursuing their Activities in the Field of Environmental Protection.
1. The public and other non-commercial associations pursuing their activities in the field of environmental protections are entitled to: elaborate, disseminate information about and implement in the established manner environmental protection programs, protect the rights and lawful interests of citizens in environmental protection sphere, recruit citizens on voluntary basis for performing environmental protection activity; out of their own funds and raised funds, pursue activities and disseminate information about such activities in the field of environmental protection, reproduction of natural resources, ensuring ecological safety; provide assistance to governmental bodies of the Russian Federation, governmental bodies of Russian regions, local government bodies and the resolution of environmental protection issues; organize meetings, rallies, demonstrations, marches and picketing, collection of signatures for petitions and take part in them under Russian law, down proposals for referendums on environmental protection issues and for discussions on project designs concerning environmental protection; ask governmental bodies of the Russian Federation, governmental bodies of Russian regions, local government bodies and other organizations and officials for timely, complete and reliable information on environmental conditions, environmental protection measures, the circumstances and facts of economic and other activities that threaten the environment and citizens' life, health and property; take part, in the established manner, in the making of economic and other decisions capable of exerting a negative effect on the environment, citizens' life, health and property; - file the following with governmental bodies of the Russian Federation, governmental bodies of Russian regions, local government bodies and other organizations: complaints, applications and proposals on issues concerning environmental protection, negative effects on the environment and to obtain timely and well-substantiated replies; organize and hold in the established manner hearings on issues concerning design, location of facilities the economic and other activity whereof is capable of inflicting a harm to the environment, threaten citizens' life, health and property; organize and conduct in the established manner a public ecological examination; recommend their representatives for taking part in a stat ecological expert examination; file the following with governmental bodies of the Russian Federation, governmental bodies of Russian regions, local government bodies, court: petitions for repealing decisions on design, location, construction, modification, operation of facilities the economic and other activity whereof is capable of exerting a negative effect on the environment, petitions for suspending and terminating economic and other activities exerting a negative effect on the environment; file complaints with a court claiming reimbursement of a harm inflicted to the environment; exercise the other rights envisaged by the legislation.
2. While they pursue their activities in the field of environmental protection public and other non-commercial associations shall observe environmental protection provisions.
Article 13. The System of State Measures for Ensuring the Right to a Favourable Environment.
1. The governmental bodies of the Russian Federation, governmental bodies of Russian regions, local government bodies and officials shall provide assistance to citizens, public and other non-commercial associations in the implementation of their rights in the field of environmental protection.
2. In the case of deployment of facilities the economic and other activities of which can harm the environment the decision whereby their location is determined shall be taken with due regard to the opinion of the public or results of a referendum.
3. Officials obstructing citizens, public and other non¬commercial associations in the pursuance of activity in the field of environmental protection, implementation of their rights specified in the present Federal Law and other federal laws, other regulatory legal acts of the Russian Federation shall be held accountable in the established manner.
Chapter IV. Economic Regulation in the Field of Environmental Protection.
Article 14. Environmental Protection Economic Regulation Methods The methods of economic regulation in the field of environmental protection shall be as follows: the elaboration of state socio-economic development forecasts on the basis of ecological forecasts; the elaboration of federal programs for ecological development of the Russian Federation and target environmental protection programs for Russian regions; the elaboration and implementation of environmental protection measures for the purposes of preventing harm to the environment; the institution of a charge for negative effects on the environment; the setting of maximum limits on pollutant and micro-organism emission and dumping, maximum limits on industrial and consumption waste disposal and other types of negative effect on the environment; the conduct of an economic assessment of nature facilities and nature man made facilities; the conduct of an economic assessment of the effects exerted by economic and other activities on the environment; the granting of tax and other privileges in the case of introduction of the best existing technologies, non-traditional types of energy sources, the use of secondary resources and waste recycling and also in the case of other effective environmental protection measures under Russian law; - support to entrepreneurial, innovative and other activities (in particular, ecological insurance) aimed at protecting the environment; the reimbursement of a harm to the environment in the established manner; other economic regulation measures for improving and effective implementation of environmental protection.
Article 15. Federal Programs in the Field of Ecological Development of the Russian Federation, Target Environmental Protection Programs for Russian Regions and Environmental Protection Measures.
1. For the purpose of planning, elaboration and implementation of environmental protection measures federal programs for ecological development of the Russian Federation and target programs for protection of the environment of Russian regions shall be elaborated. The procedure for elaborating, financing and implementing federal programs for ecological development of the Russian Federation shall be established in compliance with Russian law. The procedure for elaborating, financing and implementing target programs for protecting the environment of Russian regions shall be established under the legislation of the Russian regions.
2. The elaboration of federal programs for ecological development of the Russian Federation and target programs for protection of the environment of Russian regions shall be effected with due regard to citizens' and public associations' proposals.
3. The planning and elaboration of environmental protection measures shall be done with due regard to state socio-economic development forecasts, federal programs for ecological development of the Russian Federation, target programs for protection of the environment of Russian regions as based on the scientific research aimed at resolving environmental protection problems.
4. The legal entities and individual entrepreneurs pursuing economic and other activities exerting negative effects on the environment shall plan, elaborate and implement environmental protection measures in the manner established by legislation.
Article 16. Payment for a Negative Effect on the Environment.
1. A negative effect on the environment shall require a payment. The forms of payment for negative effect on the environment shall be determined by fedeal laws.
2. Below are the types of negative effect on the environment: pollutant and other substance emission into the atmospheric air; pollutant, other substance and micro-organism dumping into bodies of water, underground bodies of water and water-collection areas; pollution of sub-soil, soil; industrial and consumption waste disposal; pollution of the environment with noise, heat, electromagnetic, ionizing and other physical factors;
3. The procedure for calculating and collecting payment for a negative effect on the environment shall be established by the legislation of the Russian Federation.
4. The making of the payment specified in Item 1 of the present article shall not relieve economic and other agents harmless from responsibility for implementing environmental protection measures and reimbursing harm to the environment.
Article 17. Entrepreneurial Activity Pursued for the Purpose of Environmental Protection
1. An entrepreneurial activity pursued for the purpose of environmental protection shall be supported by the state.
2. The state support to an entrepreneurial activity pursued for the purpose of environmental protection shall be effected by means of granting tax and other privileges under law.
Article 18. Ecological Insurance. On ecological insurance also see the Model Regulations on the Procedure for Voluntary Ecological Insurance in the Russian Federation (endorsed by the Ministry of Natural Resources of the Russian Federation and the Russian State Insurance Company, Nos. 04- 04/72-6132, 22 of December 3, November 20, 1992).
1. Ecological insurance shall be pursued for the purpose of protecting the proprietary interest of legal entities and natural persons for the case of ecological risks.
2. Compulsory state ecological insurance may be pursued in the Russian Federation.
3. Ecological insurance in the Russian Federation shall be pursued in compliance with the legislation of the Russian Federation.
Chapter V. Setting Norms in the Field of Environmental Protection
Article 19. The Fundamentals of Norm-Setting in the Field of Environmental Protection
1. Norm-setting in the field of environmental protection shall be performed for the purpose of state regulation of the effects of economic and other activities on the environment that guarantee the preservation of a favourable environment and ecological safety.
2. Norm-setting in the field of environmental protection shall mean the setting of norms of environment quality, admissible effect on the environment in the course of pursuance of economic and other activities, other environmental protection norms and also state standards and other regulatory documents in the field of environmental protection.
3. Environmental protection norms and regulatory documents shall be endorsed and put into force on the basis of the latest scientific and technological achievements with due regard to international environmental protection rules and standards. Norm-setting in the field of environmental protection shall be effected by the manner established by the Government of the Russian Federation.
Article 20. The Standards Governing the Elaboration of Environmental Protection Norms. The elaboration of environmental protection norms shall include the following: the conduct of scientific research work for substantiating environmental protection norms; the conduct of expert examination, the approval and publication of environmental - protection norms, in the established manner; the establishment of grounds for the elaboration or review of environmental protection norms; the performance of control over the application and observance of environmental protection norms; the formation and keeping of a comprehensive environmental protection norms database; the assessment and forecasting of ecological, social and economic consequences of application of environmental protection norms.
Article 21. Environment Quality Norms.
1. Environmental quality norms shall be set for the purpose of assessing the condition of the environment in order to preserve natural ecological systems, the genetic stock of plants, animals and other organisms.
2. Environment quality norms are as follows: norms set in compliance with the chemical indicators of condition of the environment, in particular, the norms of maximum admissible chemical substance concentration, in particular, those concerning radioactive substances; norms set in compliance with physical indicators of condition of the environment, in particular, radioactivity and heat level indicators; norms set in compliance with the biological indicators of condition of the environment, in particular, the species and groups of plants, animals and other organisms used as indicators of environment quality and also the indicators of maximum admissible micro-organism concentration; other environment quality norms.
3. When environment quality norms are being set account shall be taken of the natural peculiar features of territories and water areas, the purpose of natural facilities and nature-man made facilities, specially protected territories, in particular specially protected natural territories and also natural landscapes of special nature preservation importance.
Article 22. The Norms of Admissible Effect on the Environment
1. For the purpose of preventing a negative effect on the environment exerted by economic and other activities the following shall be established for legal entities and natural persons being users of natural wealth: the norms of admissible effect on the environment as follows: the norms of admissible substance and micro-organism emission and dumping; the norms of industrial and consumption waste production and maximum limits on the disposal thereof; the norms of admissible physical effects (the quantity of heat, the levels of noise, vibration, ionizing irradiation, electromagnetic field strength and other physical effects); - the norms of admissible withdrawal of components of the environment; the norms of admissible human load on the environment; the norms of other admissible effects on the environment in the pursuance of economic and other activity established by the legislation of the Russian Federation and the legislation of the Russian regions for environmental protection purposes.
2. The norms of admissible effect on the environment shall ensure the observance of the environment quality with due regard to the natural peculiarities of territories and water areas.
3. If they exceed the set norms of admissible effect on the environment economic and other agents shall be held accountable under law depending on the harm inflicted to the environment. Decision of the Government of the Russian Federation No. 182 of March 2, 2000 established that the ecological norms of atmospheric air quality, the methods of determination of the ecological norms of atmospheric air quality, the maximum limits of physical effect on the atmospheric air, the maximum admissible (critical) loads on ecological systems and other ecological norms intended for protecting the atmospheric air shall be set and reviewed by the State Environmental Protection Committee of the Russian Federation. See the Rules of Elaboration and Approval of the Norms of Waste Production and Maximum Limits on the Disposal Thereof endorsed by Decision of the Government of the Russian Federation No. 461 of June 16, 2000.
Article 23. The Norms of Admissible Substance and Micro-Organism Emission and Dumping.
1. The norms of admissible substance and micro-organism emission and dumping shall be set for stationary, movable and other sources of effect on the environment by economic and other agents proceeding on the norms of admissible human load on the environment, the norms of environment quality and also technological norms.
2. Technological norms shall be set for stationary, movable and other sources on the basis of use of the best existing technologies with the account taken of economic and social factors.
3. If the norms of admissible substance and micro-organism emission and dumping cannot be observed maximum limits may be set on emissions and dumping under permits effective only within the term of performance of environmental protection measures, introduction of the best existing technologies and/or implementation of other nature preservation projects with due regard to a phased achievement of the set norms of admissible substance and micro-organism emission and dumping. The setting of maximum limits on emissions and dumping may be done only if there exist emission and dumping reduction plans approved by the executive governmental bodies responsible for state administration in the field of environmental protection.
4. The emissions and dumping of chemicals, in particular, radioactive ones, other substances and microorganisms into the environment, within the set norms of admissible substance and micro-organism emission and dumping, the maximum limits on emission and dumping are allowed under permits issued by the executive governmental bodies responsible for state administration in the field of environmental protection.
Article 24. The Norms of Industrial and Consumption Waste Production and the Maximum Limits on the Disposal Thereof. The norms of industrial and consumption waste production and maximum limits on the disposal thereof shall be set for the purposes of preventing their negative effect on the environment, in compliance with law.
Article 25. The Norms of Admissible Physical Effects on the Environment. The norms of admissible physical effects on the environment shall be set for each source of such effects on the basis of the norms of admissible human load on the environment, the norms of environment quality with due regard to the influence of other sources of physical effects.
Article 26. The Norms of Admissible Withdrawal of Components of the Environment
1. "Norms of admissible withdrawal of components of the environment" are norms set in compliance with limitations on the scope of their withdrawal for the purposes of preserving natural and nature-man-made facilities, ensuring a stable operation of natural ecological systems and preventing their degradation.
2. The norms of admissible withdrawal of components of the environment and a procedure for setting such norms shall be defined by the legislation on sub-soil, water, forestry, animal world and other legislation in the field of environmental protection, nature use and in compliance with the provisions governing environmental protection, protection and reproduction of specific types of natural resources established by the present Federal Law, other federal laws and other regulatory legal acts of the Russian Federation in the field of environmental protection.
Article 27. The Norms of Admissible Human Load on the Environment.
1. The norms of admissible human load on the environment shall be set for economic and other agents for the purpose of assessing and regulating the effect of all stationary, movable and other sources of effect on the environment located within specific territories and/or water areas.
2. The norms of admissible human load on the environment shall be set for each type of effect of economic and another activity on the environment and the aggregate effect of all the sources located on such territories and/or water areas.
3. When norms of admissible human effect on the environment is being set account shall be taken of the natural peculiar features of specific territories and/or water areas.
Article 28. Other Environmental Protection Norms. For the purposes of state regulation of the effects of an economic or another activity on the environment, assessment of environment quality under the present Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the Russian Federation other environmental protection norms may be established.
Article 29. State Standards and Other Regulatory Documents in the Field of Environmental Protection.
1. Environmental protection state standards and other regulatory documents shall establish the following: environmental protection requirements, regulations and rules applicable to products, works, services and to relevant control methods; limitations on economic and other activities for the purpose of their negative effects on the environment; A procedure for organizing environmental protection activities and managing such activities.
2. Environmental protection state standards and other regulatory documents shall be elaborated with due regard to scientific and technological achievements and the provisions of international rules and standards.
3. State standards for new machinery, technologies, materials, substances and other products, technological processes, storage, transportation, use of such products, in particular after its transition into the category of industrial and consumption waste shall take into account environmental protection requirements, regulations and rules.
Article 30. Licensing Specific Types of Activity in the Field of Environmental Protection
1. Specific types of activity in the field of environmental protection shall be subject to licensing.
2. A list of specific types of activity in the field of environmental protection subject to licensing shall be established by federal laws.
Article 31. Ecological Certification
1. Ecological certification shall be performed for the purpose of ensuring an ecologically- safe pursuance of economic and other activities on the territory of the Russian Federation.
2. Ecological certification may be compulsory or voluntary.
3. Compulsory ecological certification shall be performed in the manner determined by the Government of the Russian Federation.
Chapter VI. Assessment of Effects on the Environment and Ecological Expert Examination Decision of the Government of the Russian Federation No. 698 of June 11, 1996 on Endorsing the Regulations on the Procedure for Accomplishing State Ecological Expert Examination, the Rules of Conducting State Expert Examination endorsed by order of the State Ecological Committee of the Russian Federation No. 280 of June 17, 1997, the Uniform Form of State Ecological Expert Examination Statement endorsed by Order of the Ministry of Natural Resources of the Russian Federation No. 392 of September 28, 1995. On ecological expert examination see also the following: Federal Law No. 174-FZ of November 23, 1995 on Ecological Expert Examination,
Article 32. Conducting an Assessment of Effects on the Environment
1. On assessment of effects on the environment shall be conducted in respect of a planned economic or another activity capable of exerting a direct or indirect effect on the environment, irrespective of the organizational legal forms thereof.
2. An assessment of effects on the environment shall be conducted during the elaboration of all alternative versions of pre-design, in particular, pre-investment as well as design documentation that substantiates the planned economic and other activity, with the participation of public associations.
3. The requirements applicable to environmental effect assessment materials shall be established by the federal executive governmental bodies responsible for state administration in the field of environmental protection.
Article 33. Ecological Expert Examination
1. Ecological expert examination shall be conducted for the purpose of finding out of a planned economic and another activity comply with environmental protection provisions.
2. A procedure for conducting an ecological expert examination shall be established by the Federal Law on Ecological Expert Examination.
Chapter VII. The Environmental Protection Provisions Applicable in the Case of Pursuance of Economic and Other Activities.
Article 34. The General Provisions Governing Environmental Protection in the Case of Location Determination, Design, Construction, Modification, Commissioning, Operation, Conservation and Demolition of Buildings, Houses , Structures and Other Facilities.
1. The location determination, design, construction, modification, commissioning, operation, conservation and demolition of the buildings, houses, structures and other facilities exerting a direct or indirect negative effect on the environment shall done in compliance with environmental protection provisions. In such a case arrangement shall be made for measures for environmental protection, restoration of natural environment, rational use and reproduction of natural resources, ensuring ecological safety.
2. A breach of environmental protection provisions shall ensue a suspension of the location determination, design, construction, modification, commissioning, operation, conservation and demolition of the buildings, houses, structures and other facilities under prescriptions of the executive governmental bodies responsible for state administration in the field of environmental protection.
3. The termination, in full scope, of the location determination, design, construction, modification, commissioning, operation, conservation and demolition of the buildings, houses, structures and other facilities in the case of a breach of environmental protection provisions shall be effected under a decision of a court and/or arbitration tribunal. On the standards applicable to an ecological feasibility study in pre-design and design documentation for the construction of facilities intended for economic and other activities see the Instructions endorsed by Order of the Ministry of Resources of the Russian Federation No. 539 of December 29, 1995.
Article 35. The Provisions Governing Environmental Protection the case of Location Determination for Buildings, Houses, Structures and Other Facilities.
1. When location is determined for buildings, houses, structures and other facilities arrangements shall be made for the observance of provisions in the field of environmental protection, restoration of natural environment, rational use and reproduction of natural resources, ensuring ecological safety with due regard to short-term and long-term ecological, demographic and other consequences of the operation of these facilities and the observance of the priority of preservation of a favourable environment, biological diversity, rational use and reproduction of natural resources.
2. The determination of location of buildings, houses, structures and other facilities shall be done in the observance of law if there is a positive state ecological examination statement.
3. In cases when the placement of buildings, houses, structures and other facilities affects the lawful interests of citizens decisions shall be adopted with due regard to the results of referendums conducted on relevant territories. On the compulsory use of the procedure and results of the environmental effect assessment in the elaboration of pre-p1an, pre-design and design documentation see Letter of the Ministry of Natural Resources No. 01-20/65-5568 of December 14, 1993.
Article 36. The Environmental Protection Provisions Applicable to the Design of Buildings, Houses, Structures and Other Facilities.
1. When buildings, houses, structures and other facilities are designed account shall be taken of the normes of admissible human load on the environment, measures shall be arranged for preventing and eliminating environmental pollution and also for disposing of industrial and consumption waste, resource-saving, low-waste and other best existing technologies shall be used as assisting in environmental protection, restoration of natural environment, rational use and reproduction of natural resources.
2. It is prohibited to change the value of design work and approved designs by means of deleting planned environmental protection measures incorporated in such work or designs in the case of design of construction, modification, technical refurbishment, conservation and demolition of houses, structures and other facilities.
3. Designs not covered by positive state ecological expert examination statements shall not be subject to approval and the financing thereof is prohibited.
Article 37. The Environmental Protection Provisions Applicable to the Construction and Modification of Buildings, Houses, Structures and Other Facilities.
1. The construction and modification of buildings, houses, structures and other facilities shall be performed under approved designs covered by positive state ecological expert examination statements, in observance of environmental protection provisions as well as sanitary and construction standards, rules and regulations.
2. The construction and modification of buildings, houses, structures and other facilities is prohibited until the approval of the designs and until the physical allocation of plots of land and also alteration of approved designs is prohibited to the detriment of environmental protection provisions.
3. When buildings, houses, structures and other facilities are being constructed and modified measures shall be taken for protecting the environment, restoring natural environment, re-cultivating land, arranging landscapes in compliance with Russian law.
Article 38. The Environmental Protection Provisions Applicable to the Commissioning of Buildings, Houses, Structures and Other Facilities.
1. Buildings, houses, structures and other facilities shall be commissioned on the condition that the environmental protection clauses of their designs have been fully complied with, under the certificates of the acceptance commissions formed to accept the buildings, houses, structures and other facilities as incorporating representatives of the federal executive governmental bodies responsible for state administration in the field of environmental protection.
2. It is prohibited to commission the following: buildings, houses, structures and other facilities not featuring technical facilities and technologies intended to deactivate and safely dispose of industrial and consumption waste, deactivate and dump pollutants and capable of ensuring the observance of established environmental protection standards. Also the following is prohibited: the commissioning of facilities not featuring environment pollution control facilities, without the completion of designed works of environmental protection, restoration of natural environment, re-cultivation of land, landscaping works under Russian law.
3. The heads and members of acceptance commissions responsible for commissioning of buildings, houses, structures and other facilities shall be accountable under Russian administrative and other law for the commissioning of the buildings, houses, structures and other facilities if such facilities fail to comply with the provisions of environmental protection legislation.
Article 39. The Environmental Protection Provisions Applicable to the Operation and Decommissioning of Buildings, Houses, Structures and Other Facilities.
1. The legal entities and natural persons operating buildings, houses, structures and other facilities shall observe approved technologies and standards in the field of environmental protection, restoration of natural environment, rational use and reproduction of natural resources.
2. The legal entities and natural persons operating buildings, houses, structures and other facilities shall arrange for the observance of environment quality norms on the basis of use of technical facilities and technologies intended to deactivate and safely dispose of industrial and consumption waste, deactivate pollutant emissions and dumping and also other best existing technologies capable of ensuring the observance of environmental protection standards, shall implement measures for restoration of natural environment, re- cultivation of land, landscaping under law.
3. The decommissioning of buildings, houses, structures and other facilities shall be accomplished in compliance with the environmental protection legislation if there exist design documentation approved in the established manner.
4. When buildings, houses, structures and other facilities are being decommissioned it shall be necessary to elaborate and implement measures for restoration of natural environment, in particular, reproduction of components of natural environment, to provide a favourable environment.
5. An alteration in the functional purpose of buildings, houses, structures and other facilities shall be effected on the approval of the executive governmental bodies responsible for state administration in the field of environmental protection.
Article 40. The Environmental Protection Provisions Applicable to the Placement, Design, Construction, Modification, Commissioning and Operation of Power Industry Facilities.
1. The placement, design, construction, modification, commissioning and operation of power industry facilities shall be accomplished in compliance with the provisions of Articles 34 - 39 of the present Federal Law.
2. When thermal power plants are being designed and constructed provision shall be made for their being equipped with high-efficiency pollutant emission/dumping purification facilities as well as for the use of environment - friendly types of fuel and safe industrial waste disposal.
3. When hydraulic power plants are being placed, designed, constructed, modified, commissioned and operated account shall be taken of relevant regions' actual need for electrical power and also of the peculiarities of terrain. When the said facilities are being placed provisions shall be made for measures for the preservation of water bodies, water-collection areas, aquatic biological resources, land, soil, forests and other vegetation, biological diversity, measures ensuring a steady operation of natural ecological systems, preservation of natural landscapes, specially protected natural territories and monuments of nature and also measures shall be taken for a timely disposal of timber and fertile soil layer in the case of clear up and flooding of the beds of reservoirs and other necessary measures for preventing negative changes in natural environment, preservation of water regimen capable of ensuring most favourable conditions of the reproduction of aquatic biological resources.
4. When nuclear plants, including atomic power plants are being placed, designed, constructed, commissioned and operated protection of the environment from the radiation effects of these plants shall be ensured, the established procedure and norms of technological process, the requirements issued by the federal executive governmental bodies authorized to perform state supervision and control in radiation safety shall be observed and state atomic energy safety regulation shall be performed, measures shall be taken for ensuring full radiation safety for the environment and the public in compliance with Russian law and the generally accepted principles and norms of international law, nuclear plant personnel training and upgrading shall be ensured.
5. The placement of nuclear plants, in particular, atomic power plants shall be done under project designs and other substantiating materials contained in state ecological (and other) expert examination statements required under Russian law, that confirm the ecological and radiation safety of the nuclear plants.
6. Nuclear plant (in particular, atomic power plant) location designs shall contain solutions that ensure a safe decommissioning thereof.
Article 41. The Environmental Protection Provisions Applicable to the Placement, Design, Construction, Modification, Commissioning, Operation and Decommissioning of Military and Defence Facilities, Weapons and Materiel.
1. The environmental protection provisions applicable to the placement, design, construction, modification, commissioning, operation and decommissioning of buildings, houses, structure and other facilities shall fully extend to military and defence facilities, weapons and materiel, except for emergencies that obstruct observance of the environmental protection provisions.
2. A list of the emergencies obstructing the observance of environmental protection provisions in the case of placement, design, construction, modification, commissioning, operation and decommissioning of military and defence facilities, weapons and materiel shall be determined by the legislation of the Russian Federation.
Article 42. The Environmental Protection Provisions Applicable to the Operation of Agricultural-Purpose Facilities
1. When agricultural purpose facilities are being operated environmental protection provisions shall be observed, measures for preservation of land, water bodies, plants, animals and other organisms from negative effects of economic and other activities on the environment shall be taken.
2. While they pursue their activities the agricultural organizations pursuing the production, procurement and processing of agricultural products, other agricultural organizations shall observe environmental protection provisions.
3. Agricultural-purpose facilities shall have the necessary sanitary-protective zones and purification facilities that prevent pollution of soils, surface and underground waters, water-collection areas and the atmospheric air.
Article 43. The Environmental Protection Provisions Applicable to Amelioration of Land, the Placement, Design, Construction, Modification, Commissioning and Operation of Amelioration Systems and Stand-Alone Hydraulic Engineering and Waterway Facilities In the case of amelioration of land, placement, design, construction, modification, commissioning and operation of ameliorative systems and stand-alone hydraulic engineering and waterway facilities measures shall be taken for maintaining a water economic balance and cost-efficient use of water, preservation of and, soil, forests and other vegetation, animals and other organisms and also the prevention of other negative effects on the environment in the course of implementation of amelioration measures. Land amelioration shall not lead to a deterioration in the condition of the environment, break the stable operation of natural ecological systems.
Article 44. The Environmental Protection Provisions Applicable to the Placement, Design, Construction, Modification 0f Urban and Rural Inhabited Localities.
1. In the case of placement, design, construction, modification of urban and rural inhabited localities one shall observe environmental provisions that ensure a favourable condition of the environment for the activities of the human being as well as for the habitation of plants, animals and other organisms, astable operation of natural ecological systems. The location of buildings, houses, structures and other facilities shall be chosen with due regard to environmental protection provisions, sanitary hygienic norms and urban construction standards.
2. When urban and rural inhabited localities are being designed and developed one shall observe environmental protection provisions, take measures for sanitary purification, deactivation and safe disposal' of industrial and consumption waste, for the observance of the norms of admissible substance and micro-organism emissions and dumping and also for restoration of natural environment, re-cultivation of land, landscaping and other measures for ensuring environmental protection and ecological safety under law.
3. For environments protection purposes protective and security zones shall be established in urban and rural inhabited localities, in particular, sanitary protection zones, planted territories, "green" zones including forest/park zones and other protective and security zones with limited nature use regime withdrawn from an intensive economic use.
Article 45. The Environmental Protection Provisions Applicable to the Manufacture and Operation of Motor Road Vehicles and Other Vehicles.
1. The manufacture of motor road vehicles and other vehicles shall be pursued in compliance with environmental protection provisions.
2. The legal entities and natural persons operating motor road vehicles as well as other vehicles exerting negative effects on the environment shall observe the norms of admissible substance and micro- organism emissions and dumping and also take measures for deactivating pollutants, in particular, neutralization thereof, reducing noise level and other negative effects on the environment.
3. Relations in the field of manufacture and operation of motor road and other vehicles shall be governed by law.
Article 46. The Environmental Protection Provisions Applicable to the Placement, Design, Construction, Modification, Commissioning and Operation of Oil and Gas Production Facilities, the Facilities Intended for Processing, Transporting, Storing and Selling, Gas and Petroleum Products.
1. The placement, design, construction, modification, commissioning and operation of oil and gas production facilities, the facilities intended for processing, transporting, storing and selling oil, gas and petroleum/gas products shall be effected in compliance with the provisions established by the environmental protection legislation.
2. In the case of placement, design, construction, modification, commissioning and operation of oil and gas production facilities, the facilities intended for processing, transporting, storing and selling oil, gas and petroleum/gas products provision shall be made for effective purification and deactivation of the waste resulting from the production and gathering of oil (casing head) gas and mineralised water, re-cultivation of broken and polluted land, reduction of negative effects on the environment and also compensation for the damage inflicted to the environment during the construction and operation of the said facilities.
3. The construction and operation of oil and gas production facilities, the facilities intended for processing, transporting, storing and selling oil, gas and petroleum/gas products shall be permitted if there exist polluted land restoration designs for the zones of temporary and/or permanent land allocation, positive state ecological expert examination statements and other state expert examination statements required under law, financial guarantees for the completion of such projects.
4. The construction and operation of oil and gas production facilities, the facilities intended for processing, transporting and storing oil and gas located within the areas of water bodies, on the continental shelf and in the exclusion economic zone of the Russian Federation shall be permitted if there exist positive state ecological expert examination statements and other state expert examination statements required by law after polluted lands have been restored.
Article 47. The Environmental Protection Provisions Applicable to the Production, Circulation and Deactivation of Potentially-Hazardous Chemicals, in Particular Radioactive Ones, Other Substances and Micro-Organisms.
1. The production and circulation of potentially-hazardous chemicals, in particular, radioactive ones, other substances and micro-organisms shall be permitted on the territory of the Russian Federation after the completion of the necessary toxicological-hygienic and toxicological study of the substances, the establishment of a procedure for handling them, nature preservation norms and state registration of the substances under Russian law.
2. The deactivation of potentially hazardous chemical and biological substances shall be effected if there exist design and technological documentation approved in the established procedure under law.
Article 48. The Environmental Protection Provisions Applicable to the Use of Radioactive Substances and Nuclear Materials.
1. Legal entities and natural persons shall observe the rules of manufacture, storage, transportation, use, burial of radioactive substances (sources of ionising irradiation) and nuclear materials, abstain from exceeding the established maximum admissible ionizing irradiation norms, and if they are exceeded, immediately notify the executive governmental bodies in charge of radiation safety of the high radiation levels being a hazard for the environment and human health, take measures for eliminating radiation contamination in specific areas.
2. The legal entities and natural persons which fail to ensure the observance of the rules of handling radioactive substances and nuclear materials and also radioactive waste shall be held accountable under Russian law.
3. The importation of radioactive waste and nuclear materials from foreign states into the Russian Federation to be stored or buried here and also the under-water burial, the space- burial of radioactive waste and nuclear materials are prohibited, except for the cases established by the present Federal Law.
4. The importation into the Russian Federation from foreign states of irradiated nuclear reactor fuel elements for the purpose of temporary technological storage and/or processing is permitted in case when state ecological expert examination and other state expert examinations have been completed in respect of the relevant project as required by Russian law, and feasibility study indicates a general reduction in radiation exposure risk and an increase in ecological safety as a result of implementation of the project. The importation into the Russian Federation of irradiated nuclear reactor fuel elements shall be performed under international agreements of the Russian Federation. The procedure for importing irradiated nuclear reactor fuel elements into the Russian Federation shall be established by the Government of the Russian Federation on the basis of the general principles of non proliferation of nuclear weapons, environmental protection and the safeguarding of the economic interests of the Russian Federation with due regard to the priority ranking of the right to return the radioactive waste resulting from the processing to the state from which the nuclear materials have originated or to arrange for the return thereof.
Article 49. The Environmental Protection Provisions Applicable to the Use of Chemicals in Agriculture and Forestry.
1. Legal entities and natural persons' shall observe the rules of manufacture, storage, transportation and use of the chemicals used in agriculture and forestry, environmental protection provisions and also take measures for preventing the negative effects of economic and other activities and elimination of harmful consequences in order to ensure environment quality, a stable operation of natural ecological systems and preservation of natural landscapes under Russian law.
2. The use of non-degradable toxic chemicals is prohibited.
Article 50. Protection of the Environment from Negative Biological Effects.
1. The following is prohibited: the production, breeding and use of plants, animals and other organisms not inherent to natural ecological systems and also those artificially created, without the elaboration of effective measures for preventing their uncontrolled reproduction, a positive state ecological expert examination statement, a permission by the federal executive governmental bodies responsible for state administration in the field of environmental protection, other federal executive governmental bodies in compliance with their competence and Russian law.
2. Where hazardous production facilities are being placed, designed, constructed, modified, commissioned, operated and decommissioned, or technologies are used which are connected with micro-organisms' negative effect on the environment environmental protection provisions, nature preservation norms, in particular, those concerning the maximum admissible concentration of micro-organisms, state standards and other environmental protection regulatory documents shall be observed.
3. The legal entities and natural persons pursuing activities connected with the possibility of a negative micro-organisms' effect on the environment shall arrange for environmentally-friendly production, transportation, use, storage, placement and deactivation of micro- organisms, elaborate and implement measures for preventing accidents and disasters, prevent and eliminate the consequences of negative micro-organisms' effect on the environment.
Article 51. The Environmental Protection Provisions Applicable to Industrial and Consumption Waste Handling.
1. Industrial and consumption waste, a particular, radioactive waste, shall be subject to collection, use, deactivation, transportation, storage and burial the conditions and techniques of which shall be environmentally - friendly and be governed by Russian law.
2. The following is hereby prohibited: the dumping of industrial and consumption waste, in particular, radioactive waste in surface and underground bodies of water, water-collection areas, sub- soil and soil; the placement of hazardous waste and radioactive waste on territories adjacent to urban and rural inhabited localities, forest/park, health resort, health rehabilitation, recreational areas, animal migration routes, near fish spawning areas and in other places where it can create a threat to the environment, natural ecological systems and human health; the burial of hazardous waste and radioactive waste in the water-collection areas of underground bodies of water used as water-supply sources, for health treatment or mineral resource recovery purposes; the importation of hazardous waste and radioactive waste into the Russian Federation for the purpose of burial and deactivation.
3. Relations in the field of industrial and consumption waste and also hazardous waste and radioactive waste handling shall be regulated by a relevant legislation of the Russian Federation.
Article 52. The Environmental Protection Provisions Applicable to the Institution of Protection and Preservation Zones.
1. Protection and preservation zones shall be instituted for the purpose of ensuring a stable operation of natural ecological systems, protecting natural complexes, natural landscapes and specially-protected natural territories from pollution and other negative effects of economic and other activities.
2. For the purpose of protecting conditions for the activities of the human being, the habitat of plants, animals and other organisms protection and preservation zones shall be established around industrial zones and facilities engaged in economic and other activities that exert a negative effect on the environment, in particular sanitary protection zones, "green zones" in the blocks and micro-districts of urban and rural inhabited localities as incorporating forest park zones and other restricted nature use zones.
3. The procedure for instituting and creating protection and preservation zones shall be regulated by law.
Article 53. The Environmental Protection Provisions Applicable to Property Privatisation and Nationalisation. In the case of property privatisation and nationalization arrangement shall be made for environmental protection measures and compensation of a damage inflicted to the environment.
Article 54. Protection of the Atmospheric Ozone Layer. The protection of atmospheric ozone layer against ecologically hazardous changes shall be ensured by means of regulating the manufacture and use of ozone-unfriendly substances under international treaties of the Russian Federation, the generally accepted norms of international law and Russian law.
Article 55. Protection of the Environment from Negative Physical Effects.
1. When they pursue economic and other activities the governmental bodies of the Russian Federation, the governmental bodies of Russian regions, local government bodies, legal entities and natural persons shall take the necessary measures for preventing and eliminating the negative effect of noise, vibration, electric and electromagnetic, magnetic fields and other negative physical effects on the environment in urban and rural inhabited localities, recreation zones, the habitats of wild animals and birds, including their breeding areas, natural ecological systems and natural landscapes.
2. Where urban and rural inhabited localities are being designed and developed, production facilities are being designed, constructed, modified and operated, new machinery is being developed and commercialized, transportation means are being manufactured and operated measures shall be elaborated to ensure the observance of admissible physical effect norms.
3. It is prohibited to exceed admissible physical effect norms.
Article 56. Sanctions for a Breach of Nature Preservation Provisions. In the case of a breach of the nature preservation provisions of the present chapter the activity pursued in breach of the said provisions may be subjected to limitation, suspension or termination in the manner established by Russian law.
Chapter VIII. Ecological Disaster Zones, Emergency Zones.
Article 57. Procedure for Establishing Ecological Disaster Zones, Emergency Zones.
1. The procedure for declaring and establishing the ecological disaster zone regime shall be set out by the legislation on ecological disaster zones.
2. Environmental protection in emergency zones shall be established by the federal law on protection if the public and territories from natural and man-made emergencies, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of Russian regions.
Chapter IX. The Natural Facilities under Special Protection.
Article 58. The Protective Measures for Natural Facilities.
1. The natural facilities of special nature preservation, scientific, historical and cultural, aesthetic, recreational, health rehabilitation and another valuable significance are under special protection. For the purpose of protecting such natural facilities a special legal regime shall be established, in particular, specially protected natural territories shall be created.
2. The procedure for the creation and operation of specially protected natural territories shall be regulated by the legislation on specially protected natural territories.
3. State natural sanctuaries, in particular, state natural biosphere sanctuaries, state natural game reserves, monuments of nature, national parks, dendrological parks, nature parks, botanical gardens and other specially protected territories of special nature protection, scientific, historical and cultural, aesthetic, recreational, health rehabilitation and another valuable significance shall make up natural sanctuary resources.
4. The exemption of the lands of natural sanctuary resources is prohibited, except for the cases specified in federal laws.
5. Lands within the territories where specially protected natural facilities of special nature protection, scientific, historical and cultural, aesthetic, recreational, health rehabilitation and another valuable significance are located shall not be subject to privatisation.
Article 59. The Legal Regime of Natural Facility Protection.
1. The legal regime of protection of a natural facility shall be established by the legislation on environmental protection, natural and cultural heritage and other legislation.
2. An economic and another activity exerting a negative effect on the environment and leading to the degradation and/or destruction of specially protected natural facilities of special nature protection, scientific, historical and cultural, aesthetic, recreational, health rehabilitation and another valuable significance is hereby prohibited.
Article 60. Protection of Rare and Extinction-Threatened Plants, Animals and Other Organisms.
1. For the purposes of protecting and keeping record of rare and extinction threatened plants, animals and other organisms the Red Book of the Russian Federation is instituted as well as the Red Books of Russian regions. The plants, animals and other organisms classified as the species mentioned in the Red Books shall be subject to withdrawal from economic use throughout the country. For the purposes of preserving rate and extinction-threatened plants, animals and other organisms their genetic stock shall be preserved in low-temperature genetic banks and also in an artificial environment. Activities leading to a reduction in the numbers of these plants, animals and other organization and deteriorating their environment are prohibited. On the Red Book of the Russian Federation see Decision of the Government of the Russian Federation No. 158 of February 19, 1996. See Order of the Ministry of Natural Resources of the Russian Federation No. 126 of May 4, 1994 on Endorsing the Rates of Charge for the Damage Inflicted by an Illegal Procurement or Destruction of Fauna and Flora Objects.
2. The procedure for protecting rate and extinction-threatened plants, animals and other organisms, the procedure for keeping the Red Book of the Russian Federation, the Red Books of Russian regions and also the procedure for preserving their genetic stock in low- temperature genetic banks and in an artificial environment shall be determined by the environmental protection legislation.
3. The importation into the Russian Federation, exportation out of the Russian Federation and transit carriage via the Russian Federation and also circulation of rate and extinction-threatened plants, animals and other organisms, their most precious species, in particular the plants, animals and other organisms covered by international treaties of the Russian Federation shall be regulated by the legislation of the Russian Federation with due regard to the generally accepted principles and norms of international law.
Article 61. Protection of the Vegetation Resources of Urban and Rural Inhabited Localities.
1. The vegetation resources of urban and rural inhabited localities is made up of vegetation zones, in particular, territories covered by trees and bushes and territories covered by grass- type vegetation within the boundaries of these inhabited localities.
2. Protection of the vegetation resources of urban and rural inhabited localities means a system of measures that ensures the preservation and development of the vegetation resources and that is required for normalizing ecological situation and creating a favourable environment. Economic and other activities exerting a negative effect on these territories and preventing them from their performing the functions of ecological, sanitary-hygienic and recreational purposes are prohibited on vegetation resources territories.
3. State regulation in the field of protection of the vegetation resources of urban and rural inhabited localities shall be effected in compliance with the legislation.
Article 62. Protection of Rare and Disappearance-Threatened Soils
1. Rare and disappearance threatened soils shall be subject to state protection and a Red Book of Soils of the Russian Federation and Red Books of Soils of Russian regions shall be instituted for soil recording and protecting purposes, with the procedure for keeping the books being determined by the soil protection legislation.
2. The procedure for classifying soils as rare and disappearance threatened and also the procedure for setting up the regimes of use of the plots of land the soils of which are classified as rare and disappearance-threatened shall be established by the legislation.
Chapter X The State Environmental Monitoring (State Ecological Monitoring).
Article 63. The Organization of State Environmental Monitoring (State Ecological Monitoring).
1. State environmental monitoring (state ecological monitoring) shall be pursued under Russian law and the law of Russian regions for the purposes of observing the condition of the environment, in particular, the condition of the environment in the areas where man- made sources of effects are located and observing the effect of these sources on the environment and also to cater for the need of the state, legal entities and natural persons for trustworthy information required for preventing and/or reducing the unfavorable consequences of a change in environmental conditions.
2. The procedure for organizing and pursuing state environmental monitoring (state ecological monitoring) shall be established by the Government of the Russian Federation.
3. Information on environmental conditions and changes therein obtained through state environmental monitoring (state ecological monitoring) shall be used by the governmental bodies of the Russian Federation, the governmental bodies of Russian regions, local government bodies for the purpose of elaborating socio-economic forecasts and making relevant decisions, elaborating federal programs in the field of ecological development of the Russian Federation, target programs in the field of protection of the environment of Russian regions and environmental protection measures. The procedure for the provision of information on the condition of the environment shall be regulated by the legislation.
Chapter XI. Control in the Field of Environmental Protection (Ecological Control)
Article 64. The Tasks of Environmental Protection Control (Ecological Control).
1. Environmental protection control (ecological control) shall be exercised to ensure that the governmental bodies of the Russian Federation, the governmental bodies of Russian regions, local government bodies, legal entities and natural persons implement the environmental protection legislation, observe environmental protection provisions, in particular, norms and regulatory documents, and also ensure ecological safety.
2. State, industrial, municipal and public environmental protection control shall be exercised in the Russian Federation. See the Rules of Performance of State Ecological Control by the Officials of the Ministry of Environmental Protection and Natural Resources of the Russian Federation and the Territorial Bodies Thereof of April 17, 1996
Article 65. State Environmental Protection Control (State Ecological Control).
1. State environmental protection control (state ecological control) shall be exercised by federal executive governmental bodies and the executive governmental bodies of Russian regions. State environmental protection control (state ecological control) shall be exercised in the manner established by the Government of the Russian Federation.
2. According to the present Federal Law, other federal laws a list of the facilities subject to federal state ecological control shall be determined by the Government of the Russian Federation.
3. A list of officials of the federal governmental body responsible for federal state ecological control (federal state environmental protection inspectors) shall be established by the Government of the Russian Federation.
4. A list of officials of the governmental bodies of Russian regions responsible for state ecological control (state environmental protection inspectors of the Russian regions) shall be established in compliance with the legislation of the Russian regions.
5. Combination of state environmental protection control (state ecological control) functions and the functions of economic use of natural resources is prohibited.
Article 66. The Rights, Duties and Liability of State Environmental Protection Inspectors.
1. When they exercise their service duties within their scope of powers state environmental protection inspectors shall be, in the established manner, entitled: On the conduct of state ecological control in restricted-access administrative territorial entities, in restricted-access, special restricted-access and special importance facilities of the Armed Forces of the Russian Federation and the state ecological expert examination of weapons and materiel, military installations and military activities see the Regulations endorsed by Decision of the Government of the Russian Federation No. 461 of May 18, 1998. for inspection purposes, to visit organizations, facilities intended for economic and other activities, irrespective of the form of ownership thereof, in particular, facilities subject to state protection, defense facilities, civil defense facilities, to get acquainted with documents and other materials required for state ecological control purposes; to verify the observance of norms, state standards and other regulatory environmental protection documents, the operation of purification plants and other deactivation devices, monitoring facilities as well as implementation of environmental protection plans and measures; to verify the observance of environmental protection provisions, norms and rules in the case of placement, construction, commissioning, operation and decommissioning of industrial and other facilities; to verify the observance of the requirements laid down in a state ecological expert examination statement and introduce proposals for such an expert examination; to issue demands and prescriptions addressed to legal entities and natural persons for the elimination of a breach of the environmental protection legislation and of nature preservation provisions where such a breach has been discovered in the course of state ecological control; to suspend economic and other activities of legal entities and natural persons when they breach the environmental protection legislation; to hold accountable under administrative law persons at fault for a breach of the environmental protection preservation; - exercise the other powers specified by the legislation.
2. State environmental protection inspectors shall: prevent, discover and stop breaches of the environmental protection legislation; explain to persons in breach of the environmental protection legislation their rig and duties; observe the provisions of law.
3. The decisions of state environmental protection inspectors are subject to appeal under Russian law.
4. State environmental protection inspectors shall be subject to state protection according to Russian law.
Article 67. Industrial Environmental Protection Control (Industrial Ecological Control).
1. Industrial environmental protection control (industrial ecological control) shall exercised for the purpose of ensuring the implementation, during economic and another activity, of measures for protection of the environment, rational use and restoration of natural resources and also for the purpose of observance of environmental protection provisions the environmental protection legislation.
2. Economic and other agents shall provide information on the organization of industrial ecological control to the executive governmental bodies and local government bodies responsible for state and municipal control respectively, in the manner established by law.
Article 68. Municipal Environmental Protection Control (Municipal Ecological Control) and Public Environmental Protection Control (Public Ecological Control).
1. Municipal environmental protection control (municipal ecological control) on territory of a municipal entity shall be exercised by local government bodies or by bodies authorized by them.
2. Municipal environmental protection control (municipal ecological control) on the territory of a municipal entity shall be exercised in keeping with the legislation of the Russian Federation and in the manner established by regulatory legal acts of local government bodies.
3. Public environmental protection control (public ecological control) shall exercised for the purpose of implementing everybody’s right to a favorable environment and preventing violation of the environmental protection legalization.
4. Public environmental protection control (public ecological control) shall exercised by public and other non-commercial associations in compliance with the constitutions/charters and also by citizens in compliance with law.
5. The results of public environmental protection control (public ecological control) presented to governmental bodies of the Russian Federation, governmental bodies t Russian regions, local government bodies shall be subject to compulsory consideration in the manner established by law.
Article 69. State Records of the Facilities Exerting. Negative Effects on the Environment
1. State records of the facilities exerting negative effects on the environment shall be kept for the purposes of state regulation of nature preservation activity and also current and long-term planning of measures for a reduction of the effects of economic and other activities on the environment.
2. State records of the facilities exerting negative effects on the environment and also the assessment of such effects on the environment shall be kept/performed in the manner established by law.
3. Facilities exerting negative effects on the environment and information on their effects on the environment shall be the subject matter of statistical records.
Chapter XII. Scientific Research in the Field of Environmental Protection.
Article 70. Scientific Research in the Field of Environmental Protection.
1. Scientific research in the field of environmental protection shall be pursued for the purposes of social, economic and ecologically- balanced development of the Russian Federation, creation of a scientific foundation for environmental protection, elaboration of science based measures for improvement and restoration of the environment, for ensuring a stable operation of natural ecological systems rational use and reproduction of natural resources, ensuring ecological safety.
2. Scientific research in the field of environmental protection shall be pursued for the below purposes: the elaboration of concepts, scientific forecasts and plans for preservation and restoration of the environment; the assessment of consequences of negative effects of economic and other activities on the environment; the improvement of the environmental protection legislation, creation of norms, state standards and other regulatory documents in the field of environmental protection; the elaboration and improvement of indicators of complex assessment of effects on the environment, the methods and techniques for the determination thereof; the development and creation of best technologies in the field of environmental protection and rational use of natural resources; the elaboration of programs for rehabilitating territories classified as ecological disaster zones; the elaboration of measures for preservation and development of the natural potential and recreational potential of the Russian Federation; for other purposes in the field of environmental protection.
3. Scientific research in the field of environmental protection shall be carried out by scientific organizations in keeping with the federal law on science and state scientific and technological policy.
Chapter XIII. The Fundamentals of Shaping Up an Ecological Culture.
Article 71. The General and Comprehensive Nature of Ecological Culture. For the purposes of the shaping up of an ecological culture and professional training of environmental protection specialists a general and comprehensive ecological education system is established which incorporates pre-school and general education, secondary vocational and higher professional education, post-graduate professional studies, vocational/professiona1 re-training and upgrading and also dissemination of ecological knowledge, in particular, by means of the mass media, museums, libraries, culture institutions, nature preservation institutions, sports and tourism organizations.
Article 72. Teaching in Ecology in Educational Institutions.
1. In pre-school educational institutions, general education institutions and additional education institutions, irrespective of the orientation and organizational legal form thereof, the discipline "fundamentals of ecology" shall be taught.
2. According to the orientation of educational institutions engaged in vocational/professiona1 training, re-training and upgrading of specialists arrangement shall be made for the teaching of the disciplines "environmental protection", "ecological safety" and "rational use of natural wealth".
Article 73. Training of the Heads of Organizations and Specialists in Environmental Protection and Ecological Safety.
1. The heads of organizations and the specialists responsible for decision-making in the course of economic and other activities exerting or capable of exerting negative effects on the environment should have undergone training in the field of environmental protection and ecological safety.
2. The training of heads of organizations and specialists in the field of environmental protection and ecological safety responsible for decision-making in the course of economic and other activities exerting or capable of exerting negative effects on the environment shall be carried out in compliance with law.
Article 74. Ecological Enlightenment.
1. Ecological enlightenment shall be pursued for the purposes of shaping up an ecological culture in the society, fostering careful attitude to the nature, rational use of natural resources by means of disseminating ecological knowledge on ecological safety, information on the condition of the environment and on the use of natural resources.
2. Ecological enlightenment, in particular, the provision of information to the public on the environmental protection legislation and ecological safety legislation shall be pursued by the governmental bodies of the Russian Federation, the governmental bodies of Russian regions, local government bodies, public associations, the mass media and also by educational institutions, culture institutions, museums, libraries, nature preservation institutions, sports and tourism organizations, other legal entities.
Chapter XIV. Liabilities for Breach of Environmental Protection Legislation and Settlement of Disputes in the Field of Environmental Protection. On the measures taken for eliminating ecological offences and holding persons at fault accountable, the paperwork see the Rules of State Ecological Control for the Officials of the Ministry of Environmental Protection and Natural Resources of the Russian Federation and the Territorial Bodies Thereof endorsed by the Ministry of Environmental Protection and Natural Resources of the Russian Federation on April 17, 1996.
Article 75. The Types of Liability for Breach of the Environmental Protection Legislation Property, disciplinary, administrative and criminal liability under law is established for breach of the environmental protection legislation. See the Code of Administrative Offences of the RSFSR On liability for an ecological crime see the Criminal Code of the Russian Federation No. 63- FZ of June 13, 1996
Article 76. Settling Disputes in the Field of Environmental Protection Disputes in the field of environmental protection shall be settled in a court in compliance with law.
Article 77. The Duty of Full Compensation of Damage Inflicted to the Environment
1. The legal entities and natural persons which have inflicted a damage to the environment by polluting, depleting, damaging, destroying it, by irrational use of natural resources, degrading and destroying natural ecological systems, natural complexes and natural landscapes and another violation of the environmental protection legislation shall compensate it in full under law.
2. The damage to the environment inflicted by a person pursuing an economic or another activity, in particular an activity covered by a positive state ecological expert examination statement, including in particular, the activity of withdrawing components from the environment, shall be compensated by the customer and/or the person pursuing the economic or the other activity.
3. The damage inflicted to the environment by an economic or another agent shall be compensated in compliance with the rates and environmental damage calculation methods approved in the established manner, or in the absence thereof, on the basis of actual expenses incurred for restoration of deteriorated condition of the environment, with due regard to losses incurred, in particular profit missed.
Article 78. Procedure for Compensating the Damage Inflicted to the Environment by a Breach of the Environmental Legislation.
1. The compensation of a damage inflicted to the environment by a breach of the environmental protection legislation shall be effected either voluntarily or under a court decision or an arbitration court decision. The amount of damage inflicted to the environment by a breach of the environmental protection legislation shall be calculated on the basis of actual expenses incurred for the restoration of deteriorated condition of the environment with due regard to the losses incurred, including missed profit, and also in compliance with re-cultivation and other restoration works designs, or in the absence thereof, in compliance with the rates and methods for calculation of the amount of an environmental damage approved by the executive governmental bodies responsible for state administration in the field of environmental protection.
2. Under a court decision or an arbitration court decision a harm inflicted to the environment by a breach of the environmental protection legislation may be compensated by means of vesting the defendant with the duty to restore the deteriorated condition of the environment on the defendant' own account in compliance with a restoration works design.
3. An action relating to compensation of harm inflicted to the environment by a breach of the environmental protection legislation may be brought within 20 years.
Article 79. Compensation of Harm Inflicted to Citizens' Health and Property as a Result of a Breach of the Environmental Protection Legislation.
1. a harm inflicted to citizens' health and property by a negative effect on the environment resulting from the economic and other activities of legal entities and natural persons shall be subject to compensation in full.
2. The determination of the scope and amount of compensation for a harm inflicted to citizens' health and property resulting from a breach of the environmental protection legislation shall be performed in compliance with law.
Article 80. Claims for Limitation, Suspension or Termination of Persons' Activities Pursued in Breach of the Environmental Protection Legislation Claims for limitation, suspension or termination of persons' activities pursued in breach of the environmental protection legislation shall be considered by a court or an arbitration court.
Chapter XV. International Co-Operation in the Field of Environmental Protection.
Article 81. The Principles of International Co-Operation in the Field of Environmental Protection. The Russian Federation shall pursue international co-operation in the field of environmental protection in keeping with the generally accepted principles and norms of international law and international treaties of the Russian Federation in the field of environmental protection. See the Agreement on the Co-Operation of Member-States of the Commonwealth of Independent Countries in the Field of Ecology and Environmental Protection of February 8, 1992.
Article 82. The International Treaties of the Russian Federation in the Field of Environmental Protection.
1. The international treaties of the Russian Federation in the field of environmental protection which, for the purposes of their application, do not require the adoption of Russian national acts shall be applicable directly to relations emerging in the course of environmental protection activities. In other cases an international treaty of the Russian Federation on environmental protection shall be applied together with the relevant regulatory legal act that has been adopted for the purpose of implementing the provisions of the international treaty of the Russian Federation.
2. If the environmental protection rules set out an international treaty of the Russian Federation differ from the rules set out in the present Federal Law the rules of the international treaty shall apply.
3. The international treaties of the Russian Federation in the field of environmental protection which, for the purposes of their application, do not require the adoption of Russian national acts shall be applicable directly to relations emerging in the course of environmental protection activities. In other cases an international treaty of the Russian Federation on environmental protection shall be applied together with the relevant regulatory legal act that has been adopted for the purpose of implementing the provisions of the international treaty of the Russian Federation.
4. If the environmental protection rules set out an international treaty of the Russian Federation differ from the rules set out in the present Federal Law the rules of the international treaty shall apply.
Chapter XVI
Article 83. The Entry Into Force of the Present Federal Law. The present Federal Law shall enter into force as of the date of the formal publication thereof.
Article 84. Bringing Regulatory Legal Acts in Line with the Present Federal Law.
1. The present Federal Law shall supersede the following, effective from the date of its entry into force: Law of the RSFSR No. 2060-1 of December 19, 1991 on Environmental Protection (Gazette of the Congress of People' s Deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, item 457, No. 10, 1992), except for Article 84 which shall become invalid at the time of entry into force of the Code of Administrative Offences of the Russian Federation; Law of the Russian Federation No. 2397-1 of February 21, 1992 on Amending Article 20 of the Law of the RSFSR on Environmental Protection (Gazette of the Congress of People' s Deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, item 459, No. 10, 1992);
Article 4 of Law of the Russian Federation No. 5076-1 on Amending the Law of the RSFSR on the Sanitary-Epidemiological Well-Being of the Population, the Law of the Russian Federation on Protection of Consumers' Rights, the Law of the Russian Federation on Environmental Protection (Gazette of the Congress of People's Deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, item 1111, No. 29, 1993); Federal Law No. 93-FZ of July 10, 2001 on Amending Article 50 of the Law of the RSFSR on Environmental Protection (Collection of the Legislation of the Russian Federation, item 2948, N 29, 2001). o. 29, 2001).
2. The Decision of the Supreme Soviet of the RSFSR No. 2061-1 of December 19, 1991 on the Procedure for Putting Into Force of the Law of the RSFSR on Environmental Protection(Gazette of the Congress of People’s Deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, item 458, No. 10, 1992) shall become invalid simultaneously with Article 84 of the Law of the RSFSR on Environmental Protection.
3. The President of the Russian Federation and the Government of the Russian Federation shall bring their regulatory legal acts in line with the present Federal Law. President of the Russian Federation V.Putin.
