Environmental and Natural Resources Management

General Provisions

Environmental protection and natural resource management are comprehensive processes that combine the actions of state authorities, local self-government, public organizations, and legal entities. It is aimed at implementing environmental legislation, protecting natural resources, and ensuring ecological safety. Despite different approaches in scientific literature, all experts agree that effective management requires systematic interaction between government bodies and the application of a set of functions, methods, and regulatory tools.

The functions of environmental management include planning the use of natural resources, environmental standardization, licensing, monitoring compliance with environmental legislation, conducting environmental impact assessments, and monitoring the state of the environment. These actions not only help prevent the negative impact of economic activities on nature but also ensure the rational use of resources, their restoration, and preservation for future generations.

The methods of management in the field of environmental protection are diverse and can be divided into administrative, economic, and ideological. Administrative measures include control and supervision, granting permits and sanctions. Economic methods involve tax incentives, benefits, fines, and compensation for damage to nature. Ideological measures aim at forming an ecological culture, educating the public, and supporting initiatives that promote sustainable development.

Environmental management authorities are classified into general competence authorities and specially authorized bodies. The former include the President of the Russian Federation, the Government of the Russian Federation, and regional authorities responsible for strategic guidance and coordination of environmental protection activities. Specialized bodies, such as the Ministry of Natural Resources and Environment of Russia, Rosprirodnadzor, and Rosselkhoznadzor, perform specific functions related to monitoring, regulation, and management of natural resources.

Effective environmental management and natural resource utilization require coordinated interaction among all government authorities and participants in natural resource use, the application of a multi-level approach to regulation, and the integration of modern monitoring and control methods. Such a comprehensive approach ensures the preservation of ecosystems, rational use of resources, and protection of citizens' environmental rights, creating conditions for sustainable national development.

Concept, functions, methods, types of environmental management

So far, in scientific literature, a unified approach to understanding management in the field of environmental protection and natural resource use has not been established. For example, M.M. Brinchuk understands environmental management and environmental protection as a set of actions carried out by authorized subjects aimed at fulfilling the requirements of environmental legislation¹. According to O.I. Krassov, management in the field of environmental protection is a sub-legislative executive and directive activity of state executive authorities and local self-government bodies, the main goal of which is to organize the provision of preservation of the natural environment, its restoration, and ensuring ecological safety². Whereas M.V. Ponomarev understands environmental protection, natural resource management, and ensuring ecological safety as the activities of authorized subjects (state authorities, local self-government bodies, public and other non-profit organizations, legal entities) in the implementation of their powers, rights, and obligations in the field of environmental protection, natural resource management, and ensuring ecological safety³.

The issue of the system of bodies responsible for management in the field of environmental protection and natural resource use is also currently a subject of discussion. In literature, two approaches are distinguished with regard to the system of such bodies: a broad approach and a narrow approach. Proponents of the broad approach include all three branches of state power (legislative, executive, and judicial) within the system of relevant management bodies. Supporters of the narrow approach include only executive authorities in the system of bodies responsible for environmental protection and natural resource use.

For example, according to M.M. Brinchuk, when determining the place of state administration in environmental management and protection of the environment within the mechanism of environmental law, it is important to emphasize that it is carried out within the framework of the executive branch of government⁴. A similar position is held by O.I. Krassov, who notes that the tasks of organizing management in the field of environmental protection are assigned to executive authorities, and not to legislative or judicial authorities, which do not perform any managerial functions⁵. However, according to M.V. Ponomarev, legislative bodies (representative bodies), while carrying out legislative regulation, still participate in the implementation of state management, including in the field of environmental protection and natural resource use⁶.

It is also important to determine the content of the management function. For example, M.M. Brinchuk understands the management function as the continuous direction of activities aimed at ensuring environmental protection and rational use of natural resources⁷. According to O.L. Dubovik, the management function is a direction of activity of an entity or group of entities of environmental management, established in legislative and other normative legal acts, aimed at organizing environmental protection and use of natural resources⁸. O.I. Krassov, on the other hand, considers management functions as types of activities along special directions that have a specific character and are necessary for organizing effective environmental protection⁹.

To the functions of management, M.M. Brinchuk relates: sub-legislative norm-making; creation of a system of governing bodies in the sphere of interaction between society and nature; coordination of activities related to the management of natural resource use and environmental protection; environmental planning; environmental standardization; eco-technical regulation; environmental standardization; assessment of the impact of planned activities on the environment; environmental expertise; environmental licensing; environmental certification; environmental audit; environmental monitoring (observation of the state of the environment); accounting for the condition and use of individual natural objects and the environment as a whole, as well as harmful impacts; environmental education and training; conducting scientific research on environmental issues; environmental control; resolution in an administrative manner of disputes regarding the right to use natural resources and environmental protection¹⁰.

In addition to management functions, methods of management are also distinguished in the literature. According to M.V. Ponomarev, successful implementation of managerial powers is carried out through the application of special ways of influencing the behavior and activities of those being managed, i.e., management methods. In the field of environmental protection and natural resource use, the following methods are generally distinguished: a) administrative; b) economic; c) ideological¹¹.

It is also important to present the approaches proposed in literature for classifying the considered management bodies. For example, as noted by M.M. Brinchuk, state management of natural resources use and environmental protection is carried out by various government bodies endowed with different competencies and functioning at different levels. They can be divided into three types: general competence bodies, specially authorized bodies, and other bodies assigned specific functions in the management of natural resource use and environmental protection or tasks. According to O.L. Dubovik, bodies carrying out state environmental management by law or another authorization are divided according to their status into general and special ones, which in turn form two groups depending on subordination – those under the jurisdiction of the Government of the Russian Federation and ministries, and according to the scale of activities – federal and territorial (of the subjects of the Russian Federation)¹². Whereas O.I. Krassov distinguishes two types of management in the field of environmental protection: general and special¹³.