Legal entities, individual entrepreneurs have a set of rights and obligations in the field of environmental management. The specific powers of a legal entity, an individual entrepreneur depend on the scope of economic and other activities they carry out.
The most typical functions of industrial environmental management include:
Conducting an impact assessment on environment planned economic and other activities that may have a direct or indirect impact on the environment, regardless of the organizational and legal forms of ownership of subjects of economic and other activities; the customer of the impact assessment is the subject economic activity(Article 32 of Federal Law No. 7-FZ dated January 10, 2002 "On Environmental Protection"; Order of the State Committee for Ecology No. 372 dated May 16, 2000 "On Approval of the Regulations on the Assessment of the Impact of Proposed Economic and Other Activities on the Environment in Russian Federation");
sending materials to the authorized body for the state environmental review if the business entity plans to implement the object of environmental review (objects of environmental review of the federal level are given in article 11, the regional level - in article 12 of the Federal Law of November 23, 1995 No. 174-FZ "On Ecological Expertise");
development of a declaration industrial safety hazardous production facility, its approval by the head of the organization operating the hazardous production facility (see Article 14 of the Federal Law of July 21, 1997 No. 116-FZ "On Industrial Safety of a Hazardous Production Facility");
· development of draft standards of environmental impact, obtaining the necessary permits, licenses, approval of standards, limits for the implementation of nature management and negative impact on the environment;
implementation of production environmental control (Article 67 of the Federal Law "On Environmental Protection"), involvement in disciplinary responsibility employees who do not properly fulfill their official duties associated with the implementation of the functions of environmental management at the enterprise;
appointment of an environmental audit;
implementation of environmental insurance, both voluntary and mandatory;
· environmental certification of products and technologies.
In the system of public authorities in the field of environmental management, the following can be distinguished:
1) organs general competence(President of the Russian Federation, Government of the Russian Federation) - bodies of wide competence, which, among other things, cover issues of environmental management;
2) specially authorized bodies - bodies of state power, specially created for the implementation of state functions in the field of environmental management;
Federal ministries, services and agencies, which are managed by the President of the Russian Federation (Ministry of Internal Affairs, Ministry of Emergency Situations, FSB)
federal ministries subordinate to the Government, as well as services and agencies subordinate to ministries ( Min. Nature of Russia- Federal Service for Hydrometeorology and the Environment, Federal Service for Supervision in the Sphere of Environmental Management, Fed. Agency water resources, Fed. Forestry Agency, Fed. Subsoil use agency ; Ministry of Agriculture- FS on veterinary and phytosanitary supervision, Fed. Fisheries Agency; Ministry of Health of the Russian Federation - FS for environmental, technological and nuclear supervision, FS for supervision in sf. Consumer Protection and Human Welfare)
3) other bodies with separate environmental functions - state authorities, as a rule, regulating related areas public life(safety, health protection, etc.), which have separate functions in the field of environmental management.
Environmental Management Functions:
ecol. Supervision and control
ecol. Expertise
ecol. Rationing and standardization
ecol. Monitoring
ecol. Audit
ecol. Licensing and certification, etc.
Environmental management: essence, functions, methods and principles
environmental management- this is a set of actions carried out by public authorities and other authorized entities to organize and control, streamline and supervise the environmentally significant behavior of people, over compliance with the requirements of environmental legislation.
Depending on the status of the subjects carrying out environmental management, several types of it are distinguished: state; departmental (sectoral); production; public.
Each type is characterized by specific methods, methods, tasks.
The most significant in our country is state environmental management.
State administration in the field of environmental protection means the implementation by all authorized bodies and persons within their competence of environmental policy, which is carried out in accordance with applicable law, concepts and strategies adopted in the prescribed manner.
Forms of environmental management: acts of management, administrative agreements, logistical actions implemented in three main directions - socio-economic, administrative-political and socio-cultural.
Control function- fixed in legislative and other regulatory legal acts, the direction of activity of the subject or group of subjects of environmental management for the organization of environmental protection and the use natural resources.
Functions of the state environmental management distinguish, taking into account the following features: - belonging of the subject of management to the system of public authority;
- designation of the subject of management in the acts regulating its powers as an authorized person in the field of environmental management and environmental protection or by indicating specific management tasks;
– implementation of management functions on behalf of the state;
- empowering the subject of management to perform the function with appropriate legal means (the right to establish prohibitions, restrictions, apply sanctions, give permissions, determine the conditions of activity, give mandatory guidelines, etc.).
Functions of environmental management:
– strategy definition and planning;
- Accounting for natural resources and monitoring the state of the environment (carried out in the form of monitoring and cadastre);
– distribution and redistribution of natural resources between users;
– spatial and territorial structure of natural resources;
– licensing system (issuance of permits, licenses for the use of natural resources and impact on the environment);
- rulemaking;
– control and supervision;
– resolution of disputes (except for jurisdictional ones).
Methods of public administration in the field of environmental protection can be divided into administrative (management), economic, ideological (upbringing, education, agitation, etc.).
Principles of environmental management are integral part general environmental principles, as well as a subsystem of management principles in general. These are the initial provisions on the basis of which the entire system of governing bodies is built, powers are distributed, goals and objectives are formulated, and the means used by the governing bodies are determined.
Environmental management in any given company, enterprise, or other economic entity requires an outward assessment or consideration of environmental impacts—at the workplace (i.e. in the work environment) and outside of it (i.e. external environment) - regarding the whole range of actions and decisions regarding operations. It also implies the subsequent modification of the organization of work of production processes in order to effectively respond to environmental impacts.
Environmental management can be considered in several sections: through the system (set) of bodies that implement it; by analyzing the functions assigned to these bodies; finally, with the help of those methods, methods and legal instruments that are used to implement the functions.
The task of environmental management is to strike a balance between people's need for natural resources and the ability of the environment to meet these needs. For environmental activities preventive measures much more important and almost always cheaper than repairing the damage done, which in many cases may not be possible.
The general principles of environmental management are developed by a system of private, subordinate principles.
The following sequence of procedures is established in the organization's environmental management system.
A special subsystem of environmental management bodies has a more complex structure and performs more diverse functions. It is formed by numerous bodies of federal executive power and their territorial (and interregional) bodies, specially authorized by a decree of the President of the Russian Federation or a decree of the Government of the Russian Federation to carry out environmental management.
Requirements for environmental management systems are contained in GOST R ISO 14001 Environmental Management Systems.
AT international standards ISO 14000 Environmental Management Policy refers to an organization's statement of intent and principles related to its overall environmental performance, which provides the basis for action and for setting environmental targets and targets.
In order to develop appropriate procedures for environmental management, both at the national and regional levels, it is necessary to define a common regulatory framework for work.
A necessary component of the environmental management system are communications (regulated information flows and communication systems) necessary to harmonize the internal and external activities of the organization.
An important role in the environmental management system is given to the organization's preparedness for possible emergency situations (ES) - accidents and disasters of man-made and natural nature.
Depending on the status of the subjects carrying out environmental management, M. M. Brinchuk distinguishes several types of it. These are state, departmental (sectoral), industrial and public administration.
The license is issued by the authorized state environmental management body. Such bodies are the Ministry of Natural Resources of Russia, its territorial and sectoral departments in the republics, territories, regions, cities and districts. The competence of these bodies for licensing is determined by the type of natural resource. There are more than 30 types of activities and services related to the issuance of a license in the field of nature management.
Environmental auditing serves important tool environmental management directly at the current source of impact on natural and social environment. Environmental audits are carried out by both representatives of the administration and independent experts. Participation of employees of the enterprise in the environmental audit procedure increases the efficiency and effectiveness of protection measures natural environment and ensuring industrial safety.
Preservation and improvement of the environment is included in national interests Russia in accordance with the National Security Concept of the Russian Federation, approved by the Decree of the President of the Russian Federation.
Ecological management can be considered as a conscious activity to regulate the ecosphere in accordance with the practical goals of civilization on the basis of the recognized objective ecological laws of a natural or anthropogenic nature.
aim legal regulation in environmental law is "harmonization of relations between man and nature, protection of the environment and individual natural objects, rational use of natural resources." Priorities of Russia's national environmental policy / ed. V.M. Zakharov. - M.: LEVKO Printing House LLC, Institute for Sustainable Development / Center for Environmental Policy of Russia. - 2009. - P.78 Therefore special meaning has a special activity aimed at achieving the necessary legal result. Normative impact in itself is not enough for the effectiveness of environmental and legal norms; managerial impacts of an administrative, disciplinary, financial and economic nature are required, as well as the publication of law enforcement acts.
Rule-making work should be carried out simultaneously, both in the direction systemic development legislation, which mainly involves the creation and improvement of regulatory mechanisms, conditions for legal liability, legal basis activities of government and law enforcement agencies, as well as in a sectoral aspect, to solve the most acute environmental problems associated with negative influence certain types impact on the environment, or with environmental degradation or, on the contrary, with the need for special protection of individual territories.
Management of nature management and environmental protection is a set of actions carried out by authorized entities aimed at fulfilling the requirements of environmental legislation.
Management in this area is designed to ensure the implementation of environmental legislation. It acts as a means of forming real public environmental and legal relations that form environmental law itself. The social significance of management in general and state management in particular is determined by the fact that through the consistent implementation of the requirements of the legislation regarding the disposal of natural resources, their rational use and environmental protection from harmful effects, environmental rights and legitimate interests of man and citizen are observed, the favorable state of nature is preserved and restored. First of all, within the framework of management (and then with the help of law enforcement agencies), the goals set by environmental law and its effectiveness are achieved.
Environmental management is the activity of specially authorized state authorities, local governments, officials, as well as the activities of legal entities and citizens, regulated by law, aimed at creating specific legal relations in the field of environmental protection, rational use of natural resources, observance of environmental rights and fulfillment of environmental obligations.
Depending on the subject of environmental management, its various types can be distinguished:
1) public authorities and their officials - the state environmental department.
On a national scale, the greatest responsibility for the consistent implementation of environmental legislation lies with the state administration. Determining the place of state management of nature management and environmental protection in the mechanism of environmental law, it is important to emphasize that it is carried out within the framework of the executive power of the state. Public administration in the field of nature management and environmental protection - component public administration in general.
The role of state administration in this area is determined by the status of state bodies in the mechanism of environmental protection. In the triad of subjects - a citizen, an enterprise and the state government bodies occupy special place. They have special legal and administrative means to ensure the implementation environmental requirements legislation, having the opportunity to resort, if necessary, to state coercion. They are responsible for ensuring environmental protection and rational use of natural resources within the framework of the ecological function of the state. First of all, “citizens have the right to ask them for non-observance of their environmental rights and legitimate interests and environmental legislation in general.” Kruglov V.V., Osintsev D.V. On the issue of environmental functions of federal executive authorities / V.V. Kruglov, D.V. Osintsev // Ecological Law. - 2008. - No. 6 [Electronic resource] - SPS ConsultantPlus
State management of nature management and environmental protection is based on a number of specific principles:
Legality of management;
An integrated (comprehensive) approach to solving issues of nature management and environmental protection;
Combinations of basin and administrative-territorial principles for organizing management of nature management and environmental protection;
Separation of economic and operational and control and supervisory functions in the organization of the activities of specially authorized state bodies;
The most effective implementation of the requirements of environmental legislation within the framework of really existing economic and other opportunities.
2) ministries of ecology - branch management.
Sectoral (departmental) management of nature management and environmental protection is carried out by the ministries, state committees, federal services within their industry or field of activity, if such activity is associated with the use of natural resources or harmful effects on the environment. As with production management, the content sectoral management is determined by the specifics of the industry or field of activity, the nature of the enterprises included in its system, the scale and types of impacts on nature.
In the environmental practice of Russia, a reserve remains for improving the efficiency of public, industrial and sectoral management. It concerns the development of cooperation between public formations and citizens, enterprises and sectoral ministries with state authorized bodies nature management and environmental protection. The basis for such cooperation is the unity of goals of activity in this area. Such cooperation would undoubtedly help to increase the efficiency of public administration.
3) local self-government bodies and their officials - municipal environmental department;
Municipal management of natural resources and environmental protection is aimed at solving local environmental problems. It is carried out by the executive and administrative bodies of local self-government throughout Russia. This is the most numerous system of organs in the country, designed to solve problems in the field of interaction between society and nature. When evaluating the activities of these bodies, it is important to keep in mind that environmental problems are usually local in nature.
Activities for the management of natural resources and environmental protection at the local level are determined by the Federal Law of October 6, 2003 "On general principles organizations of local self-government in the Russian Federation”, other regulatory legal acts. Local governments are responsible for:
Possession, use and disposal of natural resources that are in municipal ownership;
Ensuring the sanitary well-being of the population;
Regulation of planning and development of territories municipalities;
Control over the use of land on the territory of the municipality;
Regulation of the use of water bodies of local importance, deposits of common minerals, as well as subsoil for the construction of underground structures of local importance;
Improvement and gardening of the territory of the municipality;
Participation in environmental protection on the territory of the municipality;
Organization and content of the municipal information service.
4) legal entities, individual entrepreneurs- industrial environmental management.
The content of the production management of nature management and environmental protection is determined by the practical tasks facing each legal entity(enterprise) to fulfill the legal environmental requirements addressed to it. These tasks, taking into account the specifics of enterprises, can be associated with ensuring the rational use of subsoil, forest resources, the protection of water bodies, atmospheric air, industrial waste management, etc. The most specific functions of industrial management are planning, accounting for harmful effects on nature, coordinating the environmental activities of various departments, environmental control. Management is carried out both by functional services (engineer, mechanic, technologist, energy, sales, control), heads of production units, and specially created departments (services) for nature protection. Whereas previously many Soviet enterprises created environmental services, now the responsibility for nature protection, as a rule, rests with the head of one of the functional units, most often the chief engineer. The production management of nature management and environmental protection is mainly regulated by local acts, that is, acts of the enterprise, taking into account its specifics.
5) citizens, public associations - general civil environmental management.
Public management of nature management and environmental protection is directly related to the implementation of the provisions of Art. 1 of the Constitution of the Russian Federation that Russia is a democratic constitutional state. The scale and effectiveness of the implementation of this type of management testify, on the one hand, to the level of self-awareness of citizens, on the other hand, to the degree of democratization of power in the state. This type management is carried out by public formations and citizens. Participation of public associations and citizens in management is regulated by a number of legislative and by-laws, charters of public associations. The most significant features public administration are the participation of citizens and public formations in the preparation of environmentally significant economic decisions as part of the assessment of the impact of planned activities on the environment, in making such decisions through public environmental expertise, environmental education and control.
Each type is characterized by specific methods, methods, tasks.
Forms of environmental management: management acts, administrative agreements, material and technical actions implemented in three main directions - socio-economic, administrative-political and socio-cultural.
Thus, environmental management is an objectively necessary activity aimed at protecting the environment and rational use natural resources.
26.10.2011.
Environmental Rights and Obligations of Public Law Entities
Environmental rights of public organizations and Yu.L.
Article 12 Z. The EP lists a number of rights, including those of public environmental organizations and associations. As the main statutory goal of their activities, environmental protection should be provided. There is a right to conduct a public environmental review. It is not carried out by a scientific organization, but social organization. They have been granted the right to apply to the court with the protection of an indefinite circle of persons.
The responsibilities of such associations are also formulated.
Commercial organizations - organizations that carry out economic activities that have an impact on the environment.
There is such a right as to have a negative impact on the environment, tk. no production activity is possible without impact on the environment.
This right is subject to a mandatory set of conditions and a number of requirements: compliance with the standard, obtaining a permit, registration of environmental impact.
We are talking about the Russian Federation, subjects and municipalities.
The ecological function is always listed among the functions of the modern state.
We are talking about the powers that are implemented by the branches of government in the field of environmental protection. These powers are very diverse. They can be seen as both rights and duties of the state.
Powers are defined in the Constitution - articles 71 and 72. Article 71 - issues of exclusive jurisdiction of the Russian Federation. Among them are issues of protection of natural resources, the continental shelf, the adoption of environmental programs.
Article 72 is the subject of joint jurisdiction of the Russian Federation and the subjects.
OOS Law - art. 5, 6,7,8, 9, 10.
Article 5 - the law of the Russian Federation as a public legal entity.
Article 6 - subjects of the Russian Federation.
Article 7 - delimitation of jurisdiction.
Also, the powers are enshrined in the LC, VC, GrK.
The powers of LSG are enshrined in Art. 14, 15, 16 of the Law on the general principles of the organization of LSG.
LSG has an obligation to keep the Red Book, which should not be in conflict with the International Red Book.
Environmental management is the management of the environment.
We should recall the concept of the ecological environment - a set of natural objects, natural-anthropogenic objects.
Components of the natural environment - air, earth, animals - part 1 of Art. 4 laws on environmental protection.
This activity is multidisciplinary and multifunctional.
Depending on the types of management, the subjects by which management is carried out are distinguished:
1) Public administration at the federal and regional levels - executive authorities
2) Municipal management - bodies LSG
3) Departmental management - individual ministries and departments. For example, MO is the largest user of natural resources. Similarly, one can give an example of Federal agency for railway transport - large users of natural resources.
4) Production management or intra-production management is carried out by business entities. This is the environmental management of enterprises.
5) Environmental management
The most significant is the state administration. Because most fully regulated.
Public administration is based on a number of principles:
1) The principle of legality
2) The principle of accounting and the combination of economic and environmental interests of society. The ecological interest of society is the same economic interest.
When characterizing environmental activities, the public interest is not always taken into account. But the public often does not have the proper level of culture.
3) Responsibility of state authorities and LSG for the state of the environment in the relevant territory
4) The principle of separation of economic functions, control functions and management functions - for example, is formulated in the Forest Code.
In the Soviet period, many ministries and departments carried out state control and at the same time acted as subjects of economic activity.
The forestries were liquidated. During the fires of 2010, there were just not enough such bodies with control and supervisory functions. One of the reasons for what happened is the ill-conceived decisions of previous years. They began to recreate grassroots management structures that combine economic and management functions.
5) The principle of delimitation of powers and subjects of jurisdiction between the federal authorities and the authorities of the constituent entities of the Russian Federation.
All natural resource legislation is jointly administered, and the exclusive economic zone is administered by the Russian Federation.
There is federal ownership of natural resources, property of subjects and municipal property (for example, individual forest plots, water plots, land. Subsoil cannot be owned by municipalities, as well as subsoil). Water objects - territorial waters, reservoirs - in the ownership of the Russian Federation.
Forests of the state forest fund are federal property.
Control Methods:
1) Administrative
Regulation through taxes, tax incentives, tax payments, provision of subventions, subsidies
2) Economic
3) Ideological - upbringing and education.
These functions are carried out both at the municipal and departmental levels.
Allocate such functions in the doctrine as planning at different levels (adoption of plans, programs), state accounting in the field of environmental protection, state and other environmental monitoring of the state of the environment, collection and provision of information on the state of the environment, environmental regulation: setting standards, standards in the field of environmental protection, environmental control and supervision, environmental expertise and EIA (environmental impact assessment), environmental licensing: provision of licenses, permits, environmental certification, maintenance of the Red Book of the Russian Federation, subjects of the Russian Federation, creation and operation of specially protected natural areas: nature reserves, wildlife sanctuaries, natural monuments, botanical gardens. The possibility of private specially protected natural areas is not envisaged.
The possibility of adopting federal targeted programs and international programs is envisaged. They are reflected in the Federal Law on the federal budget. Programs can also be accepted in the regions - for example, in Moscow there is a withdrawal program industrial enterprises from the central part of Moscow, reconstruction of such enterprises. There are programs related to the protection of specially protected natural areas. Such programs are also reflected in the budget of Moscow. Programs are not NLAs, but they are approved by NLAs of legislative or executive bodies. Exist municipal programs, inter-municipal programs.
Accounting in the field of environmental protection:
1) Accounting for the negative impact on the environment
There is an account of the negative impact on the atmospheric air. Stationary accounting is maintained federal service on supervision in the field of nature management.
If permission to carry out emissions is not received, then this is an administrative offense.
2) Accounting for the natural resources themselves
There is a register, register and cadastre. Register of radioactive materials, cadastre of storage facilities for nuclear waste, register of radioactive waste.
A program for the disposal of radioactive waste has been adopted. There are other forms of accounting for such waste.
Non-radioactive waste: maintaining a waste cadastre and maintaining a cadastre of waste disposal sites. Hazardous chemical, biological substances are also subject to accounting - the state catalog of substances is maintained - Federal Law on safe handling with pesticides and agrochemicals.
Rostekhnadzor and Rosatom keep such records.
For example, forest registration is carried out within the framework of the state forest register, registration of wildlife objects - the state cadastre of wildlife objects, land - the state real estate cadastre, for non-dramatic - the state cadastre of deposits and manifestations of minerals. There is a state cadastre of specially protected natural areas.
There are a number of by-laws that regulate the maintenance of state cadastres, how information is provided to interested parties from them.
Environmental monitoring or ecological monitoring.
Sometimes state and non-state, and sometimes international (global). Roshydromet is monitoring. Assistance in the implementation of this function is provided by the state authorities of the subjects.
Art. 1 of the law on environmental protection and art. 69 of the Environmental Protection Act.
Observation, collection, processing of information - tracking the dynamics, providing information to citizens, y.l. and other interested parties.
Environmental control and environmental expertise are carried out.
There is the World Meteorological Organization at the UN, which provides information on the state of the environment.
Environmental impact monitoring.
Other hazardous production facilities - it is important to conduct environmental monitoring with constant monitoring. Moscow has a system monitoring system cameras that determine that a release has occurred.
It is necessary to monitor specific hazardous production facilities.
Provision of information
We talked about this function in the context of the rights of citizens. There is a duty of state authorities
provide such information to the authorities. Such information is provided either for a fee or free of charge. This is regulated by the Decree on the procedure for providing information on the state of the environment. You can see what day there were emissions, for example, by districts of Moscow. In the West, such information is published in the press. It's not very common with us. Refusal to issue such information is often argued as a trade secret.
It is important to understand when such an obligation arises for state bodies.
According to the information function, there is such a form as compiling an annual state report about the state of the environment. These are very solid studies. It provides a complete picture of the state of the environment by region, industry, and dynamics. But this report comes out with a delay of one and a half years.
Regulation of environmental impact
This is the establishment of those permissible limits within which it is possible to establish an impact on the OS. There are environmental quality standards, standards for permissible environmental impact, standards for permissible removal of environmental components, and standards for permissible anthropogenic load on the environment.
Environmental quality standards: there are maximum allowable concentrations of various components of the aquatic environment.
MPCs are sanitary and hygienic (for humans) and there are fisheries (for aquatic biological resources).
Sanitary and hygienic MPCs are set for natural water bodies (there will be different water bodies for drinking purposes, etc.), for atmospheric air, and for soils.
There are MPCs for specific types of materials, compounds (for example, for powders). They were installed in the USSR and still operate.
Maximum allowable environmental impacts: MPD (discharges), MPE (emissions), MPD (impact levels). When carrying out emissions, discharges, MPC can be provided. In our country, most of the enterprises do not reach the levels of MPE, MPD. For such enterprises, temporarily agreed emissions and discharges of pollutants into the environment (VSS, VSS) are established - Art. 45, 56 of the law on environmental protection.
Enterprises take water from a water body and the water is already polluted there. When water is discharged, it must comply with MPC. This is one of the flaws in regulation.
Standards for the removal of components of the natural environment.
There are standards for land acquisition for various purposes.
The standards should be based on scientific justification and economic need.
For hunting, such standards are established.
For fish, such a norm is provided as the total allowable catches for various types catch.
MPCs are set by the federal executive authorities, and subjects can set their MPCs only if they are more stringent than federal MPCs. Standards of anthropogenic load.
There are building codes. But for some reason they are not approved. The standard is the limit of legally acceptable and unacceptable behavior.
If the standard is not observed, then the violation will be an offense. Or there will be increased fees for environmental impact.
Other functions - environmental expertise, environmental control and supervision.
