The Constitution of the Russian Federation as a Source of Environmental Law

General Provisions

The Relationship Between the Constitution of the Russian Federation and Other Laws and Other Normative Acts

The Constitution of the Russian Federation has the highest legal authority, direct effect, and applies throughout the territory of the Russian Federation. Laws and other normative acts adopted in the Russian Federation must not contradict the Constitution of the Russian Federation. State authorities, local self-government bodies, officials, citizens, and their associations are obliged to comply with the Constitution of the Russian Federation and laws (paragraphs 1 and 2 of article 15 of the Constitution of the Russian Federation). The Constitution of the Russian Federation is a federal codified constitutional law and establishes the foundations of legal regulation of social relations in the Russian Federation, including ecological social relations.

Ecological Rights in the Constitution of the Russian Federation

According to Article 9 of the Constitution of the Russian Federation, land and other natural resources are used and protected in the Russian Federation as the basis of life and activities of the peoples living on the corresponding territory. Land and other natural resources may be owned by private individuals, the state, municipal entities, and other forms of ownership.

Citizens and their associations have the right to own land in private property. Ownership, use, and disposal of land and other natural resources are carried out freely by their owners, provided that this does not cause harm to the environment or violate the rights and legitimate interests of other persons. The conditions and procedures for using land are determined on the basis of federal law (Article 36 of the Constitution of the Russian Federation).

In the Russian Federation, federal programs for the protection and strengthening of public health are funded, measures are taken to develop state, municipal, and private healthcare systems, activities that contribute to the strengthening of human health, the development of physical culture and sports, as well as ecological and sanitary-epidemiological well-being are encouraged (paragraph 2 of Article 41 of the Constitution of the Russian Federation).

Everyone has the right to a favorable environment, reliable information about its condition, and to compensation for damage caused to their health or property by an environmental violation (Article 42 of the Constitution of the Russian Federation).

Ecological obligations in the Constitution of the Russian Federation

In addition to rights, the Constitution of the Russian Federation also provides for obligations. For example, Article 58 of the Constitution of the Russian Federation stipulates the obligation of each individual to preserve nature and the environment, and to treat natural resources with care.

The responsibility for ensuring a unified state policy in the field of ecology in the Russian Federation lies with the Government of the Russian Federation (item "v" of part 1 of article 114 of the Constitution of the Russian Federation).

It is also important to delineate the subjects of jurisdiction and powers between the Russian Federation and its constituent entities in the context of environmental protection and use of natural resources.

The following matters are within the competence of the Russian Federation

The following matters are within the competence of the Russian Federation:

1) regulation and protection of human rights and freedoms¹ (including, ecological rights);

2) federal state property and its management²;

3) establishment of the basis of federal policy and federal programs in the areas of state, economic, ecological, social, cultural and national development of the Russian Federation³;

4) nuclear energy, fissile materials⁴;

5) production of toxic substances and the order of their use⁵;

6) determination of the status and protection of the territorial sea, airspace, exclusive economic zone and continental shelf of the Russian Federation⁶.

Joint jurisdiction of the Russian Federation and its subjects

In joint jurisdiction of the Russian Federation and its subjects are:

1) issues of ownership, use and disposal of land, minerals, water and other natural resources⁷;

2) use of nature; protection of the environment and ensuring ecological safety; specially protected natural territories⁸;

3) implementation of measures to combat disasters, natural calamities, epidemics, and the elimination of their consequences⁹;

4) land, water, forest legislation, mineral resources legislation, environmental protection legislation¹⁰;

5) protection of the traditional environment and way of life of small-numbered ethnic communities¹¹.