Legislation of the Subjects of the Russian Federation as a Source of Environmental Law

General Provisions

The legislation of the subjects of the Russian Federation plays an important role in regulating environmental relations at the regional level.

It includes the constitutions and charters of the subjects, laws, decrees, and orders of executive authorities, which adapt federal norms to the specifics of a particular region and fill gaps in federal legislation.

The dynamic development of regional environmental standards allows for taking into account the characteristics of natural resources, industrial and social infrastructure, as well as historical and cultural features of territories.

Examples of laws of the subjects of the Russian Federation, such as the Environmental Code of the Republic of Bashkortostan or Tatarstan, demonstrate the practical significance of regional legislative frameworks for environmental protection.

The legislation of the subjects of the Russian Federation ensures effective regulation of nature use, protection of specially protected areas, and control over the ecological condition of regions, contributing to the formation of a comprehensive system of environmental law in the country.

Thus, regional norms are an essential component of a comprehensive approach to environmental protection and the rational use of natural resources.

Provisions of the Constitution of the Russian Federation

In accordance with paragraph 2 of Article 76 of the Constitution of the Russian Federation, federal laws and other normative legal acts adopted in compliance with them are issued by the subjects of the Russian Federation with respect to matters within the joint jurisdiction of the Russian Federation and its subjects. At the same time, the legislation of the subjects of the Russian Federation is intended to take into account and reflect the specifics of regulating environmental relations in accordance with the particularities of the respective subject of the Russian Federation and, at times, even fill gaps in federal legislation.

At the same time, laws and other normative legal acts of the subjects of the Russian Federation, in accordance with paragraph 5 of Article 76 of the Constitution of the Russian Federation, may not contradict federal laws adopted on matters within the joint jurisdiction of the Russian Federation and its subjects. In the case of a conflict between a federal law and another act issued within the Russian Federation, the federal law prevails.

The Russian Federation consists of republics, territories, regions, cities of federal significance, an autonomous region, and autonomous okrugs – equal subjects of the Russian Federation. A republic (state) has its own constitution and legislation. A territory, region, city of federal significance, autonomous region, and autonomous okrug have their own charter and legislation (Article 5 of the Constitution of the Russian Federation).

Thus, the legislation of the subjects of the Russian Federation includes the constitutions and charters of the subjects of the Russian Federation, as well as laws and other normative legal acts of the subjects of the Russian Federation.

Examples of laws of the subjects of the Russian Federation

As examples of constitutions of the republics of the Russian Federation, one can cite:

• The Constitution of the Republic of Adygea (adopted at the XIV session of the Legislative Assembly (Xase) - Parliament of the Republic of Adygea on 10.03.1995);
• The Constitution of the Republic of Altai (Basic Law) (adopted on 07.06.1997);
• The Constitution of the Republic of Bashkortostan dated 24.12.1993 № ВС-22/15.

As examples of charters of the subjects of the Russian Federation, one can cite:

• The Charter (Basic Law) of Altai Krai dated 05.06.1995 № 3-ЗС;
• The Charter (Basic Law) of Amur Oblast dated 13.12.1995 № 40-ОЗ; The Charter of the Jewish Autonomous Oblast dated 08.10.1997 № 40-ОЗ;
• The Charter of the City of Moscow (approved by the Moscow City Duma on 28.06.1995);
• The Charter of the Nenets Autonomous Okrug. Adopted by the Assembly of Deputies of the Nenets Autonomous Okrug (Decision dated 11.09.1995 № 24).

The legislation of the subjects of the Russian Federation will be considered using the example of a subject of the Russian Federation, the city of federal significance, Moscow. Among the laws of Moscow, one can note the Law of the City of Moscow dated 26.09.2001 No. 48 "On Protected Natural Areas in the City of Moscow"¹; the Law of the City of Moscow dated 06.07.2005 No. 37 "On the Scheme for Development and Location of Protected Natural Areas in the City of Moscow"².

As examples of Mayor of Moscow's Decrees, one can cite:

• Decree of the Mayor of Moscow dated 22.06.1993 No. 387-РМ "On Rates of Fees and Procedure for Calculating Payments for Pollution of the Natural Environment within the Territory of the City of Moscow"³;
• Decree of the Mayor of Moscow dated 23.03.1994 No. 131-РМ "On Indexation of Fees for Pollution of the Natural Environment within the Territory of the City of Moscow"⁴;
• Order of the Mayor of Moscow dated 15.12.1997 No. 994-РМ "On Operational Information Interaction in Ecological Incidents in the City of Moscow"⁵.

As examples of decisions by the Government of Moscow, one can cite:

• Decision of the Government of Moscow dated 24.06.2003 No. 480-ПП "On Providing Data from the State Environmental Monitoring of the City of Moscow"⁶;
• Decision of the Government of Moscow dated 04.10.2005 No. 760-ПП "On the Environmental Doctrine of the City of Moscow"⁷;
• Decision of the Government of Moscow dated 08.05.2007 No. 336-ПП "On Objects of State Environmental Expertise at the Regional Level"⁸.

The legislation of the subjects of the Russian Federation is currently developing quite dynamically. In a number of subjects of the Russian Federation, environmental legislation has been codified, in particular the Environmental Code of the Republic of Bashkortostan dated 28.10.1992 No. VС-13/28, the Environmental Code of the Republic of Tatarstan dated 15.01.2009 No. ZRT.