Responsibility for violation of environmental legislation


Eco-protective equipment and technologies

Eco-protective equipment and technologies are aimed at maximizing the reduction of anthropogenic load on the environment by reducing the amount of waste, integrated processing of natural resources and the use of biotechnology methods.

Biotechnology is a set of methods and techniques for obtaining products, phenomena and effects useful for humans with the help of microorganisms. The general approach for them is the artificial creation of conditions for biogeochemical processes on Earth in the form of characteristic bioreactors, which are implemented at high speeds, while remaining compatible in their products with the natural environment.

Biotechnology for processing solid waste makes it possible to utilize biogas, reduce energy deficit and significantly reduce the amount of compounds that contribute to the greenhouse effect. The general approach to the biotechnology of waste disposal for energy purposes is their anaerobic destruction (i.e. decomposition without air access). When carrying out this process, biogas is formed, consisting of 65% methane, 30% carbon dioxide, the rest is hydrogen, hydrogen sulfide and ammonia. The average heat of combustion of biogas is 22-24 MJ/m. Possible ways of its disposal are: use in boiler houses for heating, generation of electricity through gas generating units; liquefaction and use as automobile fuel or household bottled gas.

Biotechnologies for atmospheric protection are being created to remove foul-smelling pollutants (mercaptans, butyric acid, thiophenol, etc.) from the air. Atmospheric air is purified by passing it through dry or wet bioreactors containing sorbent material.

A very important area is the creation of biotechnologies that make it possible to reclaim soils in areas contaminated with heavy metals, oil and petroleum products.

Biological treatment of natural and waste water is currently a well-studied and widely used method, the importance and role of which will only increase over time due to the environmental friendliness and cost-effectiveness requirements of modern types of production.

Features of legislation in the field of ecology

Earth

Environmental law is certainly an important element of the country's legislation. To regulate issues in the environmental sphere, there are various sources of law in this industry. In accordance with the law, legal acts must have a certain objective form in order to be considered as such. The norms are adopted by a body that has the authority to do so. According to the Russian Constitution, in order to enter into force, siluakts must be officially published.

A feature of environmental legislation is that the rules governing this industry are contained in many related legal resources.

The sources of environmental law are:

  1. Constitution. Contains the basic principles of environmental law. Thus, article two states that the highest value is a person, as well as his freedom and rights. And Article 42 defines a person’s right to a favorable ecology, correct information about the state of the environment and compensation for damage caused by an environmental crime to his values ​​or health.. According to Article 9, nature is protected in Russia, and environmental objects can be located in any form of ownership. The procedure and conditions for the use of land are regulated by the law of the Russian Federation. Article 72 of the Constitution determines that the use of environmental objects, environmental protection, and safety in this area are regulated by the Russian Federation and its constituent entities.
  2. Federative agreements. They play an important role in the delimitation of powers, for example, between the federal authorities of the Russian Federation and the bodies of the constituent entities of the federation.
  3. International legislation. Treaties, principles and norms. Article 15 of the Constitution of the Russian Federation establishes that international norms have priority.
  4. Federal laws. One of the main laws of the Russian Federation “On Environmental Protection” was adopted in 2002. Also, environmental relations are regulated by the codes: Forestry, Land, Water and the laws “On subsoil”, “On wildlife”. In the Criminal Code, Chapter 26 is devoted to environmental crimes.
  5. Acts of the President of the Russian Federation have an impact on environmental problems. For example, decrees “On Natural Resources”, “On the Implementation of the Constitutional Rights of Citizens to Land”, etc.
  6. Government acts perform an executive function, develop targeted programs for the management and destruction of radioactive waste, to prevent negative climate change, etc.
  7. Regulatory acts of ministries and departments. A special place is occupied by the Acts of the State Committee of the Russian Federation for Environmental Protection, the Ministries of Agriculture and Food, and Natural Resources.
  8. Acts, laws and constitutions of the subjects of the federation. For example, the Land Code of Tatarstan.
  9. Local government regulations regulate the environmental function.
  10. Local acts are adopted in some industries and organizations for the purpose of environmental protection.
  11. Arbitrage practice. In particular, the decisions of the Arbitration and Constitutional Courts.

The number of acts protecting nature indicates that legislation pays great attention to environmental law. After all, the health of the population depends on the environment. By committing a crime against the environment, a person encroaches on the life and health of other people through the environment and violates their Constitutional rights.

The subject subject to criminal liability for environmental offenses may be a violator over sixteen years of age, and both an individual and an official are subject to punishment.

According to the Criminal Code, environmental crimes can be expressed not only in the form of action, but also inaction.

Civil liability

If we are talking about compensation for environmental damage, then it is necessary to talk about civil liability. As shown by judicial practice and scientific sources, the scope of application of civil liability also extends to environmental relations. Civil liability is one of the types of legal liability and therefore has all the characteristics characteristic of it: the possibility of using state coercive influence, as well as sanctions, which are measures of legal liability.

The content of civil liability is the application of sanctions to the offender, which cause negative consequences in the form of deprivation of subjective civil rights or the imposition of new or additional civil obligations on the offender.

In general, civil liability can be defined as the subject suffering adverse property consequences in connection with non-fulfillment or improper fulfillment of an obligation, violation of the rights and legitimate interests of another person.

In the theory of civil law, depending on the basis of occurrence, civil liability is divided into:

  • negotiated (by agreement);
  • non-contractual or tortious (by law).

Non-contractual liability arises when harm is caused to the person or property of the victim that is not related to the performance or improper performance by the violator of the obligations incumbent on him by virtue of an agreement with the injured party, as well as in cases where the performance of contractual obligations caused harm to the life or health of a citizen.

The basis for civil liability , as a rule, is the presence of a civil offense in an action (inaction). In some cases, liability may arise in the absence of an offense on the part of the person on whom it is assigned, in particular, for the actions of third parties; therefore, not only offenses, but also other circumstances directly provided for by law or contract should be considered as grounds for civil liability.

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