Legal regime of zones of ecological disaster

General Provisions

The legal regime of zones of ecological disaster represents a special mechanism of environmental law aimed at restoring territories with critically impaired environmental conditions.

Unlike protected natural territories, where the priority is preservation of natural complexes, this concerns overcoming the consequences of long-term negative impact of economic activity and reducing threats to public health.

The basis for granting such status to territory is the sustained deterioration of environmental indicators and the impossibility of eliminating consequences without state support.

The procedure includes the preparation of scientifically substantiated materials, conducting a state environmental expertise, and adoption of a decision at the level of the Government.

Boundaries of zones are determined taking into account the actual condition of ecosystems and the level of impact on the population.

Restrictions on economic activity are introduced on these territories, and special programs for restoration and ecological rehabilitation are implemented.

The removal of the status is possible only upon achieving sustainable improvement of the environment's condition, which emphasizes the importance of a comprehensive and long-term approach to addressing environmental issues.

Order of Establishing Zones of Ecological Disaster

Zones of ecological disaster represent the 'other side of the medal' of the special eco-legal status of territories. Unlike the 'positive regime' established for unique and rare natural objects and complexes requiring preservation in their natural state, zones of ecological disaster are characterized by a 'negative' legal regime caused by the necessity of urgent restoration of degraded ecological systems¹.

The procedure for declaring and establishing the regime of ecological disaster zones is regulated by legislation on ecological disaster zones². At the same time, as noted by S.A. Bogolyubov, the law project on ecological disaster zones has been prepared and discussed in the State Duma of the Federal Assembly of the Russian Federation for over a decade, but systematically receives negative conclusion from the Government of the Russian Federation and other federal executive bodies participating in the formation of the state budget³.

At present time prepared project of federal law No. 115008-3 «On the status of zones of ecological disaster and regulation of economic and other activities on their territory»⁴. In accordance with the aforementioned project, we will consider: the concept of «zone of ecological disaster»; the procedure for granting [territory](/enc/33369/ "Definition of the term «Territory» in the legal

"encyclopedias") status of the ecological disaster zone; boundaries of the ecological disaster zone; special features of conducting economic and other activities within the territory of an ecological disaster zone; procedure for lifting the status of an ecological disaster zone from the territory.

According to the aforementioned draft federal law, zone of ecological disaster represents a territory with an unfavorable condition of natural ecosystems (degradation of ecosystems), which is characterized by persistent deterioration of environmental quality and public health indicators as a result of long-term and intensive negative impact of economic and other activities, to which the status of an ecological disaster zone has been assigned in accordance with established procedures⁵.

The grounds for initiating the declaration of an area as an ecological disaster zone are: 1) an unfavorable state of the environment, causing a real threat to human health, manifested in an increase in the population's disease rate and degradation of ecological systems, meeting the criteria for an ecological disaster; as well as 2) the initiation of declaring an area an ecological disaster zone is carried out when it is impossible to eliminate negative changes without assistance from parties

states⁶.

Procedure for Designating an Area as an Ecological Disaster Zone

The initiator of the proposal to grant an area the status of a zone of ecological disaster submits an application to the authority of local self-government and (or) the authority of state power of a subject of the Russian Federation, stating the necessity of granting the territory the status of a zone of ecological disaster and submits materials on the condition of the environment and public health confirming the necessity of granting the territory the status of a zone of ecological disaster.

The local self-government body and (or) the state authority body of a subject of the Russian Federation, when establishing the justification for granting an area the status of a zone of ecological disaster, prepares and submits for state environmental expertise the following materials: materials justifying the necessity of granting the territory the status of a zone of ecological disaster, including materials for a comprehensive assessment of the state of the environment and public health; project of a federal target program

PO removal of territory from a state of ecological disaster; materials from discussions with the population and public organizations on developed documents.

The composition, content, and procedure for preparing documents justifying the assignment of territory the status of an ecological disaster zone are determined by the Government of the Russian Federation.

The specified materials that have received a positive [conclusion of state environmental expertise](/enc/28061/ "Definition of the term «Conclusion of State Environmental Expertise» in the legal encyclopedia) are sent by the federal executive body authorized in the field of environmental expertise to the federal executive body authorized in the field of developing and implementing state socio-economic policy for their consideration in accordance with established procedures and submission to the Government

Russian Federation.

Government of the Russian Federation on the basis of the materials presented, having received a positive conclusion of state environmental expertise, within a period not exceeding three months grants the specified territory the status of an ecological disaster zone and adopts the federal target program for removing the territory from the state of ecological disaster or decides to refuse granting such status

territories of the status of the zone of ecological disaster.

The decision to refuse granting the territory the status of an ecological disaster zone must be justified and communicated to the initiator of declaring the territory an ecological disaster zone, state authorities of the subject of the Russian Federation, and local self-government bodies, and may be appealed in court⁷.

Boundaries of the Ecological Disaster Zone

The boundaries of the ecological disaster zone are established along the boundary of the smallest administrative-territorial unit or the established boundaries of economic objects and complexes within which the characteristics of the environment's condition and population health correspond to the criteria for territorial ecological disasters.

The boundaries of the zone of ecological disaster are established with the aim of organizing and coordinating works to remove the territory from a state of ecological disaster and managing the implementation of measures provided for by the federal target program for restoring the environment on the territory of the zone of ecological disaster⁸.

Features of Conducting Economic and Other Activities within the Territory of an Ecological Disaster Zone

On the territory of zones of ecological disaster, economic and other activity deteriorating the health condition of the population and the environment, as well as use of natural resources, is restricted, suspended or prohibited.

The basis for restricting, suspending, or prohibiting business and other activities is systematic violation of environmental legislation, confirmed by the results of state environmental monitoring and environmental audit.

On the territory of the zone of ecological disaster, the construction of new objects, the activity of which will ensure a reduction in environmental pollution, as well as objects meeting the social needs of the population residing on the territory of the zone, is allowed.

Privatization of state and municipal property in areas of ecological disaster is carried out in accordance with the privatization legislation of the Russian Federation.

When privatizing state and municipal property in areas of ecological disaster, conditions are provided ensuring the transfer to the new owner of obligations to restore damaged environmental objects and implementation of measures under the federal target program for removing the territory from a state of ecological disaster⁹.

Procedure for Lifting the Status of an Ecological Disaster Zone from the Territory

Initiators of lifting the status of an ecological disaster zone¹⁰ prepare materials confirming the implementation of the federal targeted program for removing the territory from the state of ecological disaster, based on data from state environmental and socio-hygienic monitoring, as well as ecological audits conducted in accordance with the Federal Law "On the Status of Zones of Ecological Disaster and Regulation of Economic and Other Activities on Their Territory." The prepared materials are submitted to the federal executive authority authorized in the field of environmental protection.

environmental protection agencies, local self-government bodies and state authorities of the subjects of the Russian Federation.

The composition, content, and order of preparation of materials are determined by the Government of the Russian Federation. The federal executive authority authorized in the field of environmental protection sends a proposal for the removal of the status of an environmental disaster zone to the Government of the Russian Federation. The decision on the removal of the status of an environmental disaster zone is made by the Government of the Russian Federation¹¹.

At the same time, as noted by N.V. Kichigin, critically polluted territories will not be able to be declared zones of ecological disaster for this reason until the adoption of the federal law on zones of ecological disaster. To date, no territory in the Russian Federation has been officially assigned this status¹².

According to S.A. Bogolyubov, without excluding from legislation the possibility of declaring certain territories with a critical state of the environment as zones of ecological disaster, while preserving this category — this institution of environmental law and the organizational and legal mechanism for protecting the environment, it is necessary to transition to timely measures to prevent environmental degradation, which can and should be anticipated, predicted, and implemented, not only at the federal level but also at the regional and municipal levels with appropriate

economic, organizational and legal ways of exiting declared zones of ecological distress¹³.

1. Anisimov A.P., Ryzhenkov A.Ya., Charikin S.A. Environmental Law of Russia: textbook for bachelor's degree students. M. 2012. P. 432. ↩
2. Paragraph 1 of Article 57 of the Federal Law "On Environmental Protection". ↩
3. Institutions of environmental law / Ed. by S.A. Bogolyubov. M., 2010. P. 383. ↩
4. Automated system for legislative activities of the Apparatus of the State Duma of the Federal Assembly of the Russian Federation. [Electronic resource]. URL: http://asozd.duma.gov.ru ↩
5. [Paragraph](/enc/28881/

"Definition of the term «Paragraph» in the legal encyclopedia") second article 1 of project of the federal law № 115008-3 «On the status of zones of ecological disaster and regulation of economic and other activities on their territory» // Automated system of legislative activity of the Apparatus of the State Duma of the Federal Assembly of the Russian Federation. [Electronic resource]. URL: http://asozd.duma.gov.ru. ↩
6. Article 10 of project of the federal law № 115008-3 «On the status of zones of ecological disaster and regulation of

of economic and other activities on their territory» // Automated system supporting legislative activities of the Apparatus of the State Duma of the Federal Assembly of the Russian Federation. [Electronic resource]. URL: http://asozd.duma.gov.ru. ↩ 7. Article 13 of project of federal law № 115008-3 «On the status of zones of ecological disaster and regulation of economic and other activities on their territory» // Automated [system](/enc/23826/ "Definition of the term «System» in the legal

"Encyclopedias") ensuring legislative activities of the Apparatus of the State Duma of the Federal Assembly of the Russian Federation. [Electronic resource]. URL: http://asozd.duma.gov.ru. ↩
8. Article 12 of the draft federal law № 115008-3 «On the status of zones of ecological disaster and regulation of economic and other activities on their territory» // Automated system ensuring legislative activities of the Apparatus of the State Duma of the Federal Assembly of the Russian Federation.

[Electronic resource]. URL: http://asozd.duma.gov.ru. ↩
9. Article 19 of the draft federal law № 115008-3 "On the status of zones of ecological disaster and regulation of economic and other activities on their territory" // Automated system for legislative support of the Apparatus of the State Duma of the Federal Assembly of the Russian Federation. [Electronic resource]. URL: http://asozd.duma.gov.ru. ↩
10. Initiators of raising the issue of removing the status of a zone of ecological disaster from the territory may be: local self-government bodies

"local self-government" in the legal encyclopedia"); state authorities of the subjects of the Russian Federation; state authorities of the Russian Federation; federal executive authority of the Russian Federation in the field of environmental protection and its territorial divisions; public organizations (Article 13 of the draft federal law No. 115008-3 «On the status of zones of ecological disaster and regulation

economic and other activities on their territory» // Automated System for Legislative Activities of the Apparatus of the State Duma of the Federal Assembly of the Russian Federation. [Electronic Resource]. URL: http://asozd.duma.gov.ru.) ↩
11. Article 29 of draft federal law № 115008-3 «On the Status of Zones of Ecological Disaster and Regulation of Economic and Other Activities on Their Territory» // Automated System for Legislative Activities of the Apparatus of the State Duma of the Federal Assembly of the Russian Federation. [Electronic Resource]. URL: http://asozd.duma.gov.ru. ↩
12. Kichigin N.V., Ponomarev M.V., Khludeleva N.I.

Ecological Law: Lecture Notes. Moscow, 2009. p. 184. ↩
13. Institutes of Ecological Law / Edited by a collective of authors, responsible editor S.A. Bogolyubov. Moscow, 2010. p. 394. ↩