Environmental Rights and Obligations of Public Organizations

General Provisions

Public organizations play a key role in protecting citizens' environmental rights and preserving the environment. According to the Federal Law "On Environmental Protection," such organizations have the right to develop and implement nature conservation programs, recruit volunteers, protect citizens' legitimate interests, and assist government authorities in matters of environmental safety. Their activities are aimed at fostering a sustainable ecological culture and ensuring the rational use of natural resources.

In addition to this, public organizations may participate in public hearings, demonstrations, referendums, and also conduct public environmental impact assessments. The law grants them the opportunity to recommend their representatives for participation in state environmental impact assessments, submit proposals, and address government authorities with complaints or suggestions related to the negative impact of economic activities on nature. These powers strengthen society's right to participate in decision-making that affects ecological safety.

Organizations also have the right to file lawsuits for compensation for damage to the environment and to seek suspension or termination of activities causing environmental harm. Judicial practice confirms the right of public organizations to protect citizens' and society's interests, ensuring compliance with environmental requirements and legislative norms. Such actions contribute to improving the effectiveness of monitoring the use of natural resources and environmental protection.

The obligations of public organizations include compliance with environmental legislation and carrying out their activities within the framework of the law. This implies conducting environmental events in accordance with nature protection regulations, informing citizens about the state of the environment, and interacting with government agencies to address current environmental issues. Fulfilling these obligations allows organizations to maintain the status of a reliable and legal participant in the ecological system.

Thus, the environmental rights and obligations of public organizations form the basis for active participation of civil society in the management of natural resources and protection of the environment. Legislation guarantees them the possibility to influence decisions by government bodies, protect citizens' rights, and monitor the negative impact of economic activities, making them an important link in the system of environmental management and sustainable development of the country.

According to Article 12 of the Federal Law "On Environmental Protection", public and other non-commercial organizations engaged in environmental protection activities have the right: 1) to develop, promote, and implement in accordance with established procedures environmental protection programs, protect citizens' rights and legitimate interests in the field of environmental protection, and involve citizens on a voluntary basis in environmental protection activities; 2) using their own and attracted funds, carry out and promote activities in the field of environmental protection, reproduction of natural resources, and ensuring ecological safety; 3) provide assistance to federal executive authorities, executive authorities of the subjects of the Russian Federation, and local self-government bodies in resolving issues related to environmental protection; 4) organize meetings, rallies, demonstrations, processions, picketing, collection of signatures under petitions, and participate in these events; in accordance with the legislation of the Russian Federation, to submit proposals for holding referendums on issues of environmental protection and on discussing projects relating to environmental protection; 5) to address the federal executive authorities, the executive authorities of the subjects of the Russian Federation, local self-government bodies, other organizations and officials in order to obtain timely, complete and reliable information on the state of the environment, measures for its protection, circumstances and facts of economic and other activities posing a threat to the environment, life, health and property of citizens; 6) to participate in accordance with the established procedure in the adoption of economic and other decisions whose implementation may have a negative impact on the environment, life, health and property of citizens; 7) to address the federal executive authorities, the executive authorities of the subjects of the Russian Federation, local self-government bodies and other organizations with complaints, statements, claims and proposals regarding issues relating to environmental protection, negative impact on the environment, and receive timely and reasonable responses; 8) organize and conduct hearings in accordance with established procedures on issues of design, placement of facilities, and economic and other activities that may harm the environment, pose a threat to the lives, health, and property of citizens; 9) organize and conduct public environmental impact assessment in accordance with established procedures; 10) recommend their representatives to participate in state environmental impact assessments; 11) submit petitions to the federal executive authorities, executive authorities of the subjects of the Russian Federation, local self-government bodies, and courts requesting the cancellation of decisions on design, placement, construction, reconstruction, operation of facilities, economic and other activities that may have a negative impact on the environment, as well as requests for restrictions, suspension, and termination of economic and other activities causing negative environmental impact; impact on the environment; 12) to file lawsuits in court for compensation of damage to the environment; 13) to exercise other rights provided by legislation.

Public and other non-profit organizations engaged in environmental protection are obliged to comply with environmental protection requirements.

Judicial Practice

A public organization engaged in environmental protection may file a lawsuit with the court to suspend or terminate economic and other activities that have a negative impact on the environment.

A regional public organization filed a claim against a state unitary enterprise, requesting it to be ordered to cease operations of the complex for neutralizing and processing household and biological waste.

The decision of the first instance court, left unchanged by the appellate ruling, discontinued the proceedings.

Reversing the decisions rendered in the case, the Judicial Panel of the Supreme Court of the Russian Federation stated the following.

In cases provided by law, organizations are entitled to file statements with the court in defense of the rights, freedoms and legitimate interests of other persons (paragraph 1 of Article 46 of the Code of Civil Procedure of the Russian Federation, paragraph 2 of Article 53 of the Code of Arbitration Procedure of the Russian Federation).

Article 27 of the Federal Law of May 19, 1995 No. 82-FZ "On Public Associations" provides that in order to achieve their charter objectives, a public association which is a legal entity has the right to represent and protect its own rights, the legitimate interests of its members and participants, as well as other citizens in state authorities, local self-government bodies and public associations.

In accordance with paragraph 1 of Article 12 of the Environmental Protection Law, public associations and non-profit organizations have the right to engage in environmental protection activities, including submitting petitions to the federal executive authorities, the executive authorities of the subjects of the Russian Federation, local self-government bodies, and courts to revoke decisions on planning, location, construction, reconstruction, operation of facilities, as well as on economic and other activities that may have a negative impact on the environment, to restrict, suspend, or terminate economic and other activities having a negative impact on the environment.

In paragraph 31 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated October 18, 2012, No. 21 "On Application by Courts of Legislation on Liability for Violations in the Field of Environmental Protection and Natural Resource Use" (hereinafter - Resolution No. 21 of the Plenum) it is clarified that the subjects entitled to bring a case to court regarding violations of legislation in the field of environmental protection and natural resource use are: physical and legal entities, the prosecutor, federal executive bodies authorized to carry out state ecological supervision, as well as their territorial offices, executive bodies of the subjects of the Russian Federation authorized to perform regional state ecological supervision, local self-government bodies, as well as other bodies in cases provided for by law, public and other non-profit organizations (their associations, unions) having the status of a legal entity and carrying out activities in the field of environmental protection.

Since, in accordance with the charter of the public organization, one of the objectives of its activities is environmental protection, and taking into account the provisions of Article 4 of the Environmental Protection Law, as well as Federal Law No. 96-FZ dated May 4, 1999 "On Atmospheric Air Protection", requirements aimed at protecting atmospheric air are considered to be requirements for environmental protection, the court had no grounds for terminating the case.

Source: Overview of judicial practice on issues of application of environmental protection legislation (approved by the Presidium of the Supreme Court of the Russian Federation on June 24, 2022)