Publications

Federal legislation as a source of environmental law


Your opinion

Is this topic interesting to you?

Rating

Test yourself

Право

Short questions will help you recall the key points of the document.

Loading questions…

Navigation

General Provisions

Federal legislation is the fundamental source of environmental law in Russia.

It includes nature conservation and natural resource laws regulating social relations arising in connection with the protection of the environment, rational use of natural resources, protection of unique ecosystems, control over waste and public safety.

An important part of federal legislation are ecologized norms from other areas of law, including provisions of the administrative and criminal codes ensuring liability for environmental violations.

In addition to laws, sources of environmental law include decrees of the President and government resolutions of the Russian Federation establishing strategic and organizational measures for nature protection, monitoring of the environment and management of natural resources.

Departmental regulatory acts of federal executive authorities supplement the system of environmental regulation, establishing specific procedures and standards, which ensures a comprehensive and effective approach to environmental protection and rational use of natural resources throughout the country.

As noted by S.A. Bogolyubov, environmental law consists of nature conservation law, natural resource law, and ecologized norms of other branches of law1.

Federal Laws on Nature Conservation

Among the nature conservation federal laws, one can highlight:

  • Federal Law "On Environmental Protection";
  • Federal Law "On Protection of the Atmosphere";
  • Federal Law "On Ecological Expertise";
  • Federal Law "On Particularly Protected Natural Territories";
  • Federal Law "On Natural Therapeutic Resources, Health and Recreational Areas and Resorts"2;
  • Federal Law dated 24.06.1998 No. 89-FZ "On Waste from Production and Consumption"3;
  • Federal Law dated 02.05.1997 No. 76-FZ "On the Destruction of Chemical Weapons"4;
  • Federal Law dated 30.03.1999 No. 52-FZ "On Sanitary and Epidemiological Well-being of the Population";
  • Federal Law dated 09.01.1996 No. 3-FZ "On Radiation Safety of the Population"5.

Natural Resource Federal Laws

Among the natural resource federal laws, one can note:

  • Civil Code of the Russian Federation;
  • Water Code of the Russian Federation dated 03.06.2006 No. 74-FZ;
  • Labor Code of the Russian Federation;
  • Law of the Russian Federation "On Natural Resources";
  • Federal Law "On Wildlife";
  • Federal Law dated 20.12.2004 No. 166-FZ "On Fishing and Conservation of Aquatic Biological Resources";
  • Federal Law dated 30.11.1995 No. 187-FZ "On the Continental Shelf of the Russian Federation";
  • Federal Law dated 17.12.1998 No. 191-FZ "On the Exclusive Economic Zone of the Russian Federation"6.

Among the eco-related norms of other areas of law, it is possible to note:

  • eco-related norms of the Code of Administrative Offenses of the Russian Federation (Chapter 8 of the Code of Administrative Offenses of the Russian Federation provides for liability for offenses in the area of environmental protection and use of natural resources);
  • eco-related norms of the Criminal Code of the Russian Federation (Chapter 26 of the Criminal Code of the Russian Federation provides for criminal liability for environmental crimes).

Orders of the President of the Russian Federation

Among the decree of the President of the Russian Federation that serve as sources of environmental law, one can include:

  • Decree of the President of the Russian Federation dated 04.06.2008 No. 889 "On Certain Measures to Improve Energy and Environmental Efficiency of the Russian Economy"7;
  • Decree of the President of the Russian Federation dated 20.04.1995 No. 389 "On Additional Measures to Strengthen Control in Compliance with Environmental Safety Requirements during Reprocessing of Spent Nuclear Fuel"8;
  • Decree of the President of the Russian Federation dated 04.02.1994 No. 236 "On the State Strategy of the Russian Federation for Environmental Protection and Sustainable Development"9.

Orders of the Government of the Russian Federation

Among the orders of the Government of the Russian Federation, which serve as sources of environmental law, one can note:

  • Government Decree of the Russian Federation dated 09.08.2013 No. 681 "On State Environmental Monitoring (State Monitoring of the Environment) and the State Data Fund of State Environmental Monitoring (State Monitoring of the Environment)"10;
  • Government Decree of the Russian Federation dated 14.02.2000 No. 128 "On Approval of the Regulation on Providing Information on the State of the Natural Environment, Its Pollution and Technogenic Emergency Situations That Have Had, Are Having, or May Have a Negative Impact on the Natural Environment"11;
  • Government Decree of the Russian Federation dated 21.12.1999 No. 1410 "On the Creation and Maintenance of the Unified State Data Fund on the State of the Natural Environment, Its Pollution"12.

Federal executive authorities issue normative legal acts in the form of decrees, orders, directives, rules, instructions, and regulations. Issuing normative legal acts in the form of letters or telegrams is not allowed (paragraph 2 of the Rules for Preparing Normative Legal Acts by Federal Executive Authorities and Their State Registration13).

Among departmental normative legal acts, which are sources of environmental law, it is possible to note:

  • Order of the Ministry of Natural Resources and Environment of the Russian Federation dated May 12, 2014 No. 205 "On Approval of the Procedure for Determining the Budget Estimate of Expenses for Conducting State Environmental Expertise"14;
  • Order of the Ministry of Natural Resources and Environment of the Russian Federation dated March 24, 2009 No. 70 "On Establishing a Unified Information-Analytical System of Data on the State of the Environment and the Project Management and Control Subsystem of the Ministry of Natural Resources and Environment of the Russian Federation"15;
  • Order of the Ministry of Natural Resources and Environment of the Russian Federation dated March 5, 2010 No. 63 "On Approval of Norms for Maximum Permissible Impact on the Unique Ecological System of Lake Baikal and the List of Harmful Substances, Including Substances Belonging to Categories Particularly Hazardous, Highly Hazardous, Hazardous, and Moderately Hazardous for the Unique Ecological System of Lake Baikal"16.
  1. Environmental Law: textbook / ed. by S.A. Bogolyubov. Moscow, 2010. P. 13. ↩

  2. Federal Law No. 26-FZ of February 23, 1995 "On Natural Therapeutic Resources, Health and Recreation Areas and Resorts" // RSZ RF. 1995. No. 9. Art. 713. ↩

  3. Federal Law No. 89-FZ of June 24, 1998 "On Waste from Production and Consumption" // RSZ RF. 1998. No. 26. Art. 3009. ↩

  4. Federal Law No. 76-FZ of May 2, 1997 "On the Destruction of Chemical Weapons" // RSZ RF. 1997. No. 18. Art. 2105. ↩

  5. Federal Law No. 3-FZ of January 9, 1996 "On Radiation Safety of the Population" // RSZ RF. 1996. No. 3. Art. 141. ↩

  6. Federal Law No. 191-FZ of December 17, 1998 "On the Exclusive Economic Zone of the Russian Federation" // RSZ RF. 1998. No. 51. Art. 6273. ↩

  7. Decree of the President of the Russian Federation dated 04.06.2008 No. 889 "On Certain Measures to Improve Energy and Environmental Efficiency of the Russian Economy" // RSZ RF. 2008. No. 23. Article 2672. ↩

  8. Decree of the President of the Russian Federation dated 20.04.1995 No. 389 "On Additional Measures to Strengthen Control in Compliance with Requirements for Environmental Safety in Spent Nuclear Fuel Reprocessing" // RSZ RF. 1995. No. 18. Article 1667. ↩

  9. Decree of the President of the Russian Federation dated 04.02.1994 No. 236 "On the State Strategy of the Russian Federation for Environmental Protection and Sustainable Development" // SAPP RF. 1994. No. 6. Article 436. ↩

  10. Government Decree of the Russian Federation dated 09.08.2013 No. 681 "On State Environmental Monitoring (State Monitoring of the Environment) and the State Data Fund of State Environmental Monitoring (State Monitoring of the Environment)" // RSZ RF. 2013. No. 33. Art. 4383. ↩

  11. Government Decree of the Russian Federation dated 14.02.2000 No. 128 "On Approval of the Regulation on Providing Information on the State of the Natural Environment, Its Pollution and Technogenic Emergencies That Have Had, Are Having, or May Have a Negative Impact on the Natural Environment" // RSZ RF. 2000. No. 8. Art. 964. ↩

  12. Government Decree of the Russian Federation dated 21.12.1999 No. 1410 "On the Creation and Maintenance of the Unified State Data Fund on the State of the Natural Environment, Its Pollution" // RSZ RF. 1999. No. 52. Art. 6406. ↩

  13. Approved by the Government of the Russian Federation Decree dated 13.08.1997 No. 1009 // Collection of Laws of the Russian Federation. 1997. No. 33. Art. 3895. ↩

  14. Order of the Ministry of Natural Resources and Environment of Russia dated 12.05.2014 No. 205 "On Approval of the Procedure for Determining the Estimate of Expenses for Conducting State Environmental Expertise" // Russian Gazette dated 04.07.2014 (No. 148). ↩

  15. Order of the Ministry of Natural Resources and Environment of Russia dated 24.03.2009 No. 70 "On the creation of a unified information-analytical system of data on the state of the environment and the Project Management and Control Subsystem of the Ministry of Natural Resources and Environment of Russia" // Official website of the Ministry of Natural Resources and Environment of Russia. [Electronic resource]. URL: http://www.mnr.gov.ru. ↩

  16. Order of the Ministry of Natural Resources of Russia dated 05.03.2010 No. 63 "Approving the norms of permissible maximum impact on the unique ecological system of Lake Baikal and the list of harmful substances, including substances belonging to categories particularly hazardous, highly hazardous, hazardous and moderately hazardous for the unique ecological system of Lake Baikal" // RF Legal Information System. 2010. No. 26. ↩

Your opinion

How useful was this material to you?

Choose a reaction, rate the material, and tell us what could be improved.

Your impression
Rating
Select a star to rate it