Legal regime of atmospheric air
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General Provisions
The legal regime of atmospheric air in the Russian Federation establishes the legal basis for its protection as a vital component of the environment.
Atmospheric air is considered to be a natural mixture of gases located outside residential, industrial and other premises, and is an integral part of the habitat of humans, animals and plants.
Legislation aims at ensuring citizens' constitutional rights to a favorable environment and access to reliable information about its condition.
The legal regime of the air is based on the Constitution of the Russian Federation, the Federal Law "On Environmental Protection" and the Federal Law "On Protection of Atmospheric Air", as well as other federal and regional normative legal acts.
These laws define the rules for protecting atmospheric air, setting maximum permissible levels of pollutants, monitoring the condition of the air, the permit system for emissions, and supervision over compliance with standards.
Special attention is given to preventing air pollution from economic and other activities, as well as protecting the ozone layer and near-Earth space.
State acts as a guarantor of citizens' rights to clean air, regulates sources of emissions and implements measures to reduce them, ensuring systematic protection of the atmosphere as a vital natural resource.
Thus, the legal regime of atmospheric air forms a set of measures to regulate the use and protection of the air environment, combining regulatory control, monitoring and accounting for impact on the atmosphere, which allows maintaining its ecological and sanitary safety.
Atmospheric air is a vital component of the environment, representing a natural mixture of atmospheric gases located outside residential, industrial and other premises (article 1 of the Federal Law "On the Protection of Atmospheric Air"). In the preamble of this Law it is noted that atmospheric air is a vital component of the environment, an integral part of the habitat of humans, plants and animals. At the same time, as follows from the State Report "On the State and Protection of the Environment of the Russian Federation in 2010"1, the level of air pollution in cities remains high. Monitoring of atmospheric air pollution in Russia in 2010 was carried out in 249 cities. At the same time, in 135 cities of Russia (66% of the urban population), the level of air pollution is characterized as high and very high.
Among the main federal laws defining the legal regime of atmospheric air, one can highlight the Federal Law "On Environmental Protection" (which defines the legal regime of all components of the natural environment, including atmospheric air) and the Federal Law "On the Protection of Atmospheric Air," which establishes the legal basis for protecting atmospheric air and is aimed at implementing citizens' constitutional rights to a favorable environment and reliable information about its condition.
The legislation of the Russian Federation in the field of atmospheric air protection is based on the Constitution of the Russian Federation and consists of the Federal Law "On Protection of Atmospheric Air" and other federal laws and other normative legal acts of the Russian Federation adopted in accordance with it, as well as laws and other normative legal acts of the subjects of the Russian Federation (paragraph 1 of article 1 of the Federal Law "On Protection of Atmospheric Air").
It is important to note that, along with atmospheric air, objects of environmental protection from the negative impact of economic and other activities also include the ozone layer of the atmosphere and near-Earth space (article 4 of the Federal Law "On Environmental Protection"). According to R.Kh. Gabitov, air protection law can fully unite all legal norms regulating social relations concerning the protection of the atmosphere of Earth2.
- State Report "On the State and Protection of the Environment of the Russian Federation in 2010" // Official Website of the Ministry of Natural Resources and Environment of Russia. [Electronic resource]. URL: http://www.mnr.gov.ru/regulatory/detail.php?ID=128153. ↩
- Gabitov R.X. Theoretical problems of legal protection of the atmosphere of the earth in modern conditions: abstract of diss. ... doctor of juridical sciences. Ufa. 2000. P. 20. ↩