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

The Constitution of the Russian Federation has supreme legal authority, direct effect, and applies throughout the territory of the Russian Federation. Laws and other legal acts adopted within 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 observe the Constitution of the Russian Federation and laws (parts 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 societal

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 residing in the corresponding territory. Land and other natural resources may be in private, state, municipal, and other forms of ownership.

Citizens and their associations have the right to own land in private ownership. Possession, 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 and does not 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 promotion of human health, development of physical culture and sports, as well as ecological and sanitary-epidemiological well-being are encouraged (Part 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 environmental violations (Article 42 of the Constitution of the Russian Federation).

Environmental obligations in the Constitution of the Russian Federation

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

Ensuring a unified state policy in the field of ecology in the Russian Federation is entrusted to the Government of the Russian Federation (point «v» of part 1 of Article 114 of the Constitution of the Russian Federation).

Also important is the division of subjects of jurisdiction and powers between the Russian Federation and its constituent entities in the context of environmental protection and use of natural resources.

In the jurisdiction of the Russian Federation are

In the jurisdiction of the Russian Federation are:

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

2) federal state ownership and management ²;

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

4) nuclear energy, fissile materials ⁴;

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

6) determination of the status and protection of the territorial sea, air space, exclusive economic zone, and continental shelf of the Russian Federation[^6].

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

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

1) issues of ownership, use, and disposal of land, subsoil resources, water, and other natural resources[^7];

2) use of natural resources; environmental protection and ensuring ecological safety; particularly protected natural territories[^8];

3) implementation of measures to combat disasters, natural calamities, epidemics, and elimination of their consequences[^9];

4) land, water, forest legislation, mineral resources legislation, environmental protection legislation⁶;

5) protection of the traditional habitat and way of life of small-numbered ethnic communities⁷.