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State ecological monitoring. Environmental control and environmental audit

Introduction 3
1. Environmental monitoring 4
2. Environmental control: concept, types (state, industrial, public). The system of state environmental control bodies, their powers 8
Conclusion 14
References 15

Environmental control is the most important legal measure to ensure environmental management and environmental protection from harmful effects, function government controlled and the legal institution of environmental law. Based on the role of environmental control in the mechanism of environmental protection, it can be assessed as the most important legal measure. It is through environmental control that it is mainly ensured that the relevant subjects of environmental law are forced to comply with environmental requirements. Measures of legal liability for environmental offenses are applied either in the process of environmental control, or with the involvement of other state bodies.
Earlier it was emphasized that the function of environmental control is also carried out in the implementation of other legal measures to ensure rational nature management and environmental protection - environmental regulation, environmental expertise, environmental licensing, environmental certification. But within the framework of all these areas of activity, environmental control, i.e. ensuring the fulfillment of environmental and legal requirements is carried out objectively, incidentally, in relation to each of the named types of activity. The implementation of any of these measures, as well as the conduct of environmental control, is a purposeful activity of specially authorized state bodies, carried out within the framework of the procedure established for them, on the basis of special legal regulations.

1. Environmental monitoring



Global monitoring is carried out in accordance with international agreements by a system of observation stations located at various points on the Earth, by exchanging data received by various states in order to monitor the state of the environment, changes occurring in it, including climate change, create a data system, disseminate it, forecasting the development of environmental properties and their impact on humans.
National environmental monitoring is carried out by individual states within their territory. In Russia, the Unified State Environmental Monitoring System was established in 1993. Its tasks are: monitoring the state of the environment, its pollution, including the atmosphere, surface water, marine environment, soils, near-Earth space, radiation situation on the surface of the Earth and near-Earth space, assessment and forecast of climate change, water resources; transboundary transfer of pollutants, etc. In the system of national environmental monitoring, radiation, complex background, space, and state monitoring are distinguished. continental shelf and exclusive economic zone.
Regional environmental monitoring is a system for observing the state of the environment within an administrative-territorial isolated unit (subject of the Russian Federation) or a part of such a unit or parts of several subjects of the Russian Federation characterized by common natural processes or subject to anthropogenic impact from the same sources.
Local environmental monitoring is carried out at a separate production facility (or part of it), an object of lawful nature management, a separate area of ​​​​the territory that permanently or temporarily has a special legal status (for example, in a state reserve, in an ecological disaster zone).
Background monitoring means the observation of phenomena and processes occurring in the environment, minimally affected by human intervention, and is carried out by stations located in biosphere reserves. Of the 99 state natural reserves existing in the Russian Federation, 22 have the international biosphere status (according to the relevant UNESCO certificates).
Impact monitoring (from the English impact - impact, influence) - a kind of observation system for sources anthropogenic impact on the environment in specially designated areas where activities associated with increased environmental risks are carried out.
Socio-hygienic monitoring is a state system for monitoring, analyzing, evaluating and predicting the state of health of the population and the human environment (natural and artificial), as well as determining cause-and-effect relationships between the state of public health and the impact of environmental factors. It is carried out at the levels: federal, constituent entities of the Russian Federation, municipalities to form a federal information fund of data based on long-term observations of the state of public health, physical, chemical, biological and social factors of the environment, natural and climatic factors, the structure and quality of nutrition, safety food products institutions of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare.
Wildlife monitoring - a state system of regular observations of the prevalence, abundance, species composition of wildlife objects, the state of their habitat, including migration routes, other factors in order to preserve biodiversity, scientifically based use and protection of wildlife, prevent the spread of epizootics and other negative consequences. Its variation is sectoral monitoring of aquatic biological resources, carried out in inland sea ​​waters ah, the territorial sea, on the continental shelf and in the exclusive economic zone of the Russian Federation, in the Caspian and Azov Seas, etc.
Atmospheric air monitoring - a system for monitoring the quality of atmospheric air, the amount and composition of air contained in it harmful substances and the anthropogenic impact exerted on it by emissions from stationary and mobile sources. It is carried out by sampling air and rainwater by permanent and mobile stations of Roshydromet, sanitary and epidemiological supervision, and other entities.
Monitoring of water resources - monitoring the quality of surface waters, the composition of pollutants in them, the composition and amount of wastewater discharged into water bodies, carried out by chemical and biological (for aquatic flora and fauna) methods using samples taken periodically (monthly) or seasonally .
Land monitoring - a system of basic, periodic and operational observations (surveys, surveys and surveys) of the state of all lands in the Russian Federation in order to identify changes, evaluate them, forecast and develop recommendations for preventing and eliminating the consequences of negative processes, information support land administration authorities, as well as land owners. It is carried out at the federal, regional and local levels.
Radiation monitoring is carried out by EGASKRO (Unified State Automated System for Monitoring the Radiation Situation on the Territory of the Russian Federation) to determine the levels of radioactivity of environmental elements (water, air, soil, vegetation), ionizing radiation, and the amount and composition of radioactive fallout.
Subjects of environmental monitoring - executive authorities of the Russian Federation and constituent entities of the Russian Federation, local governments, specialized organizations authorized to carry out environmental monitoring functions, economic entities, public associations.
Environmental monitoring is carried out by a special observational network. This is a system of stationary and mobile observation points, including posts, stations, laboratories, bureau centers, and observatories. A significant part of the observation network operates within the Russian Federal Service for Hydrometeorology and Environmental Monitoring. In addition, in accordance with the tasks assigned to them in a particular area, certain types of monitoring are carried out by the Federal Service for Supervision of Natural Resources, federal agency forestry, other federal executive authorities and their territorial bodies. Finally, the constituent entities of the Russian Federation, local governments create appropriate posts, stations and other elements of the observation network for conducting regional or local monitoring.
The objects of environmental monitoring are the environment as a whole and its individual elements; negative changes in the quality of the environment that can have bad influence on the health and property of people, the security of territories; types of activities assessed by the legislation as posing a potential threat to the environment, human health and environmental safety of territories; equipment, technologies, production and other technical facilities, the existence, use, transformation and destruction of which poses a danger to the environment and human health; emergency and other sudden physical, chemical, biological and other circumstances (accidents, incidents, other emergency situations) that can have a negative impact on the environment and human health; territories and objects with a special legal status (for example, protected areas).
Legislation may establish the procedure for registering objects of environmental monitoring, maintaining a unified Register of such objects, restrictions on access to environmental information and other rules governing the organization and implementation of monitoring.

2. Environmental control: concept, types (state, industrial, public). The system of state environmental control bodies, their powers.

Environmental control is one of the most widely used organizational and legal means of managing environmental protection. Environmental control is carried out absolutely at all stages of the use of natural resources and impact on the environment, one might say, totally. Many bodies and persons are employed in it, differing in their status, departmental affiliation, methods used, and scope of authority. Thus, some entities exercise only environmental control in the narrow sense as verification of compliance with and enforcement of environmental legislation, while others are entitled to exercise supervision in the field of state environmental management. The literature describes in detail the various types of environmental control: state, departmental, industrial and public.
State environmental control is carried out: a) on behalf of the state; b) specially authorized bodies and officials; c) is extra- and supra-departmental in nature; d) is one of the functions of the state environmental management; e) is associated with the application, in necessary cases, of measures of administrative coercion (suspension of activities, deprivation of the right to use natural resources, imposition of fines and other administrative penalties). The literature indicates the existence of several types of state environmental control: depending on the stage of controlled activity - preventive and current; according to the criterion of the subject of control - general and special. Thus, general environmental control is carried out by the President of the Russian Federation, the Government of the Russian Federation and other entities endowed with general competence or special kind of competence, for example, in the field of export control over the import and export of pathogens of human, animal and plant infectious diseases, technologies that can be used to develop weapons of mass destruction, etc. The transfer of their powers in the field of environmental control to other entities should be formalized separately, reflected in a regulatory legal act, consistent with the status and other powers of these entities. Special control is carried out by bodies authorized in the field of environmental protection and their officials. The rights and obligations of the latter are regulated in detail by environmental and administrative legislation. As a rule, either separate chapters of federal laws, or articles, or by-laws in general, in particular departmental ones, are devoted to this. In accordance with the Decree of the President of the Russian Federation of March 9, 2004 "On the system and structure of federal executive bodies", the implementation of environmental control (and supervision) is entrusted to federal services in the relevant areas of activity, namely: Federal Service on supervision in the field of environmental management, the Federal Service for Supervision of Consumer Rights Protection and Human Welfare, the Federal Service for Environmental, Technological and Nuclear Supervision, the Federal Service for Technical Regulation and Metrology, the Federal Service for Veterinary and Phytosanitary Supervision, the Federal Customs Service, the Federal security service.
In some cases, control can be exercised by other bodies, for example, in accordance with the Decrees of the Government of the Russian Federation dated November 19, 2002 No. 8331 and August 19, 2004 No. 418 “On Approval of the Regulations on the Federal Agency for the Cadastre of Real Estate Objects”, the specified agency is assigned functions of state land control.
The objects of the state environmental control are listed in the Decree of the Government of the Russian Federation dated October 29, 2002 No. 777 “On the list of objects subject to federal state environmental control”2. These include, for example, nuclear power facilities, facilities located on federally owned lands or that have a negative impact on monuments included in the World Cultural Heritage List and the World Natural Heritage List, as well as contributing to transboundary environmental pollution, etc. . Dangerous for the environment and therefore controlled at the federal level are - regardless of the form of ownership - such objects of economic and other activities, which host more than 10 thousand tons of waste of the 1st and 2nd hazard classes per year; more than 15 million cubic meters are dumped. meters of wastewater per year; more than 500 tons of harmful substances are emitted into the air annually, etc.
Municipal environmental control is carried out by local governments and their officials.
Departmental environmental control is carried out by the central authorities in relation to their subordinate structural entities and organizations, institutions, enterprises within a particular industry. Thus, departmental control over the enterprises of the nuclear complex is carried out by the Federal Agency for Atomic Energy, but the implementation of state environmental control is entrusted to the Federal Service for Environmental, Technological and Nuclear Supervision. The Ministry of Natural Resources of the Russian Federation is entrusted with departmental control over the work of committees of constituent entities of the Russian Federation, but state control over the use of forests, subsoil, water, etc. by all other subjects of economic and managerial activity - is carried out by the Federal Service for Supervision in the Field of Natural Resources, which is under its jurisdiction.
Industrial environmental control is limited to the scope of a specific economic entity, enterprise, organization and is carried out either by its head, or by the heads of individual services (chief engineer, chief power engineer, head of a laboratory, etc.), or by specially organized environmental services (departments) on the basis of the normative act or by special order, authorization of rights and obligations. Types of control structures of the enterprise and the scale, methods of their activities depend on its organizational and legal form. Typically, industrial environmental control includes checking: a) the implementation of plans for environmental protection, including those providing for the improvement of technologies and improvement in product quality, reducing energy costs, the level of consumption of natural resources; b) compliance with environmental rules, standards and regulations of production activities; c) construction of environmental facilities; d) carrying out work on the reclamation of disturbed lands, eliminating other negative consequences of production activities.
Public environmental control in last years has been widely developed not only in the Russian Federation, but also in other countries. Its existence as an important legal institution is based on many international documents that provide for public participation in decision-making that may affect the state of the environment, are associated with environmental risks and the threat of environmental harm, and also regulate the access of citizens and their associations to environmental information. Directions and forms of ecological public control are constantly expanding.
Environmental control is carried out along with other forms (types) of control and supervision: copyright, sanitary, radiation, construction, etc. Sometimes this leads to duplication and clash of departmental interests, sometimes it helps to solve the problem by joining forces and increasing “pressure” on business entities .
The rights and obligations of officials of environmental control bodies do not differ from others in the field of state administration and control. These persons have the right to: request and receive information necessary to perform the functions assigned to them; conducting checks of both documentation and the actual state of affairs, including by taking samples, conducting measurements, surveys, etc.; entrance to controlled facilities (if necessary, in compliance with the established regime restrictions); obtaining oral and written explanations from managers and other employees of enterprises, organizations and institutions, other persons; giving opinions on the compliance of activities, the state of the facility, products, materials, raw materials, products and individual parameters and indicators with the requirements of environmental legislation; issuance of mandatory orders to eliminate shortcomings and violations in activities; suspension and (or) termination of environmentally hazardous activities; suspension and cancellation of issued licenses (permits) in case of violation of their conditions; application of administrative penalties, etc. Some categories have the right to use service weapons, special equipment, search and inspection.

Conclusion

Environmental monitoring is a set of organizational structures, methods, methods and techniques for monitoring the state of the environment, changes occurring in it, their consequences, as well as types of activities potentially hazardous to the environment, human health and controlled territory, production and other facilities.
Environmental monitoring is carried out by a special observational network. This is a system of stationary and mobile observation points, including posts, stations, laboratories, bureau centers, and observatories. A significant part of the observation network operates within the Russian Federal Service for Hydrometeorology and Environmental Monitoring.
There are various types of monitoring that are distinguished depending on the scale of the monitoring system - global, national, regional, local, on the level of human alteration of the environment - background and impact, on the monitoring object - ecological, air, water, land (soil), animal world, hazardous waste, radiation, social and hygienic.
Environmental control is one of the most widely used organizational and legal means of managing environmental protection. Environmental control is carried out absolutely at all stages of the activity on the use of natural resources and the impact on the environment, one might say, totally.

Bibliography

1. The Constitution of the Russian Federation. Adopted on December 12, 1993 // Rossiyskaya Gazeta 1993. December 25.
2. "On environmental protection". Federal Law of January 10, 2002 No. 7-FZ // Collection of Legislation of the Russian Federation. 2002. No. 2. Art. 133.
3. Forest Code of the Russian Federation dated January 29, 1997 No. 22-FZ. // Collection of legislation of the Russian Federation. 1997. No. 5. Art. 610.
4. Brinchuk M.M. Environmental law. – M.: Lawyer, 2004.
5. Dubovik O.L., Kremer L., Lube-Wolf G. Ecological law. – M.: EKSMO, 2005.
6. Erofeev B.V. Ecological law of Russia. - M, 1996.
7. Krassov O.I. Environmental law. - M., 2001.
8. Ecology. – M.: Norma, 2005.
9. Yarmochkina N.M. Fundamentals of ecology. - Magnitogorsk, 1998.
10. Yassov V. Man and the environment. – M.: Progress, 2000.

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What is the relationship between environmental control and monitoring?

Environmental control and monitoring are independent institutions of environmental law. At the same time, environmental monitoring and environmental control are closely related procedures, but:

The object of monitoring is the environment,

The object of control is an activity that affects the environment.

Environmental control is one of the manifestations of the environmental function of the state and is a set of measures to monitor the state of the environmental protection system and its changes, as well as verify compliance with environmental requirements by all enterprises, organizations, officials and citizens.

The legislative definition of environmental control is given in Art. 1 of the Federal Law "On Environmental Protection": "Control in the field of environmental protection (environmental control) - a system of measures aimed at preventing, detecting and suppressing violations of legislation in the field of environmental protection, ensuring compliance by subjects of economic and other activities with the requirements, in including regulations and normative documents, in the field of environmental protection.

The object of environmental control is, on the one hand, the environment (its components), on the other hand, the activities of state authorities, enterprises, organizations, officials and citizens to comply with environmental rules and regulations.

Chapter is devoted to environmental control. XI Federal Law "On Environmental Protection".

The tasks of environmental control are to ensure that public authorities Russian Federation, state authorities of the constituent entities of the Russian Federation, local governments, legal entities and individuals for the implementation of legislation in the field of environmental protection, compliance with requirements, including standards and regulations, in the field of environmental protection, as well as ensuring environmental safety.

The environmental control system consists of state environmental monitoring, state, industrial, municipal and public control.

Environmental control is the most important legal measure to ensure rational nature management and environmental protection from the harmful effects of public administration. It is through environmental control that the compulsion of the relevant subjects of environmental law to comply with environmental requirements is mainly ensured.

The function of environmental control is also carried out in the implementation of other legal measures to ensure rational nature management and environmental protection - environmental regulation, environmental expertise, environmental licensing, environmental certification. But within the framework of all these areas of activity, environmental control, that is, ensuring the fulfillment of environmental and legal requirements, is carried out objectively, incidentally, in relation to each of the named types of activity. The implementation of any of these measures, as well as the conduct of environmental control, is an independent, purposeful activity of specially authorized state bodies, carried out within the framework of the procedure established for it, on the basis of special legal norms and aimed at solving their problems.

Otherwise, the tasks of environmental control are to ensure that the state authorities of the Russian Federation, the state authorities of the constituent entities of the Russian Federation, local governments, legal entities and individuals comply with the legislation in the field of environmental protection, compliance with the requirements, including standards and regulations, in the field of protection environment, as well as ensuring environmental safety.

Unlike environmental control, state environmental monitoring is observation (control) of the state of the environment, carried out by state authorities of the Russian Federation and state authorities of the constituent entities of the Russian Federation (Article 1 of the Federal Law "On Environmental Protection").

The organization of state environmental monitoring is defined in Ch. X of the Federal Law "On Environmental Protection", which includes one article - Art. 63. It is carried out in accordance with the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation in order to monitor the state of the environment, including the state of the environment in areas where sources of anthropogenic impact are located and the impact of these sources on the environment, as well as in order to meet the needs the state, legal entities and individuals in reliable information necessary to prevent and (or) reduce the adverse effects of changes in the state of the environment.

Its organization and implementation procedure is established by the Government of the Russian Federation.

Environmental monitoring includes monitoring of atmospheric air, land, forests, water bodies, wildlife, unique ecological system Lake Baikal, the continental shelf of the Russian Federation, the state of the subsoil, the exclusive economic zone of the Russian Federation, internal sea waters and the territorial sea of ​​the Russian Federation.

In order to increase the efficiency of work to preserve and improve the state of the environment, by a decree of the Government of the Russian Federation of November 24, 1993, the Unified State System of Environmental Monitoring was created. All specially authorized state bodies in the field of environmental protection and the use of natural resources participate in it. Roshydromet, which is a specially authorized state body in this area, has the most solid monitoring base; the following main types of observations are carried out:

the state of air pollution in cities and industrial centers;

the state of soil pollution with pesticides and heavy metals;

over the state of pollution of surface waters of land and seas;

for transboundary transfer of substances polluting the atmosphere;

comprehensive monitoring of environmental pollution and the state of vegetation;

per chemical composition and acidity of precipitation and snow cover;

for background air pollution;

for radioactive contamination of the natural environment.

Environmental monitoring data is used by state authorities to ensure the environmental safety of the population, promptly identify violations of environmental requirements, monitor burst emissions and discharges in real time, and identify the causes or perpetrators of increased pollution.

Monitoring data serve as the basis for maintaining state cadastres of natural resources, for developing forecasts of socio-economic development, environmental programs and individual environmental protection measures, as well as for making environmentally significant economic and other decisions.

Environmental control- this is one of the important links in the organizational and legal mechanism of the CAB. Its purpose is to verify: compliance with the requirements of environmental legislation; compliance with standards and regulations in the field of environmental protection and environmental safety.

The fulfillment of these tasks is entrusted to the system of environmental control, which consists of state, industrial, municipal and public control.

Ecocontrol, as a legal measure, performs a number of functions - preventive, informational and punitive.

State environmental control carried out on behalf of the state, it gives independent and objective results. This is the most influential control, because in order to carry out its functions it can resort to the support of law enforcement agencies.

Industrial environmental control is carried out by the enterprise - nature user at its facilities in order to ensure compliance with the requirements of environmental legislation and compliance with established environmental protection standards in the course of economic and other activities, as well as self-examination of rational environmental management at its facilities and the implementation of plans and measures to limit and reduce the impact on the environment.

Municipal environmental control carried out on the territory of the municipality by local self-government bodies or organizations authorized by them.

Public environmental control carried out by public or other non-profit associations in accordance with their charters, as well as by citizens. Its task is to verify compliance with the requirements of environmental legislation both by all legal entities from the ministry to an enterprise, institution or organization, regardless of their form of ownership, and by all officials and citizens.

Monitoring- a system of regular comprehensive long-term observations of the state of the environment, its pollution, ongoing natural phenomena, as well as the assessment and forecast of subsequent changes. One of the main principles of monitoring is continuity of tracking. Ecomonitoring is the initial stage of the system for ensuring environmental safety.

There are 3 levels of territorial coverage of modern monitoring: local (bioecological, sanitary and hygienic); regional (geosystem, natural and economic); global (biospheric, background), which includes observations of the state of the OS from space - space monitoring.

In the main structural elements The OS is constantly monitoring the presence of the following most dangerous pollutants for natural ecosystems and humans:

in atmospheric air– oxides of sulfur, nitrogen, carbon, suspended solids (aerosols), hydrocarbons, radionuclides, benzapyrene;


in surface waters– petroleum products, phenols, phosphorus and nitrogen compounds, heavy metals, pesticides, mineral salts, as well as a complex pH indicator;

in biota– heavy metals, radionuclides, pesticides.

The impact of harmful physical factors such as radiation, noise, EMF and EMP is monitored. First of all, the zones of influence of the corresponding large sources are controlled, namely, nuclear power plants, airports, large industrial and transport centers, power plants and power lines, television and radio centers and repeaters.

There are 2 components of monitoring - abiotic (geophysical) and biotic.

State environmental monitoring is carried out in order to meet the needs of the state, legal entities and individuals in reliable information about the true state of the environment in our country, necessary for:

Development of forecasts of socio-economic development and adoption of appropriate decisions, targeted programs in the field of environmental protection and related activities;

Prevention and reduction of adverse effects of changes in the state of the OS.

State environmental monitoring of individual components of the natural environment and sources of anthropogenic impact is carried out within the framework of the relevant functional subsystem of environmental monitoring. The organization of monitoring within the framework of the functional subsystem is assigned to the relevant federal departments authorized by the Government of Russia. In table. 9 shows the objects of monitoring and state authorized bodies.

Table 9

Directions of State environmental monitoring and functional subsystems

Monitoring objects Authorized state body
Pollution of the atmosphere, surface waters of land, marine environment, soils, radiation and complex background n Federal Service for Hydrometeorology and Environmental Monitoring
Condition and use of land, fertility of agricultural land n Federal Agency for Agriculture
Geological environment: minerals, geological processes, subsoil use facilities, groundwater n Federal Service for Supervision of Natural Resources
The aquatic environment of water management systems in places of water intake and wastewater discharge Federal Water Resources Agency
forests and vegetable world on the lands of the forest fund Federal Forestry Agency
Fauna and flora of land (except for forests) Federal Service for Veterinary and Phytosanitary Supervision
Specially protected natural areas Federal Service for Supervision of Natural Resources
n Sources of environmental pollution and areas of their direct impact Federal Service for Supervision of Natural Resources Federal Service for Consumer Rights Protection and Human Welfare
Potential sources of environmental accidents and disasters. Radiation hazardous objects Federal Service for Ecological, Technological and Nuclear Supervision
Habitat factors and public health Federal Service for Consumer Rights Protection and Human Welfare

Functional subsystems for monitoring the state of atmospheric air, pollution of soils, surface waters of land and the marine environment are combined into State Service for Monitoring Environmental Pollution (GSN). The service has been operating in Russia for more than 25 years; its organizational basis is the monitoring system of the Federal Service for Hydrometeorology and Environmental Monitoring. Generalized monitoring data are published in the annual State report on the state of the environment and the impact of environmental factors on the health of the Russian population.



The role of a comprehensive analysis of the natural environment is especially important in organizing the management of the natural environment. It is possible to minimize certain impacts on nature, taking into account environmental and economic considerations.

Environmental monitoring is carried out within the powers of environmental authorities for state environmental control: in accordance with the Law of the Russian Federation “On Environmental Protection”, the environmental control system consists of public service monitoring the state of the environment, state, industrial and public control.

Environmental control is a system of measures to prevent, detect and suppress violations of legislation in the field of environmental protection. The following types are carried out in Russia environmental control:

· state;

· industrial;

· public.

State environmental control carried out by authorities, as well as specially authorized state bodies of the Russian Federation in the field of environmental protection and sanitary and epidemiological surveillance.

It is legally prohibited to combine the functions of state control in the field of environmental protection and management functions in the field of economic use of natural resources.

Any organizations and enterprises, regardless of the form of ownership, can be subjected to state environmental control through inspections. Control is carried out by state inspectors in the field of environmental protection. They have broad rights from issuing instructions to legal entities to eliminate environmental offenses to suspending the activities of enterprises in case of violation of environmental legislation.

Industrial environmental control carried out by the environmental protection service at the enterprise. Directly controlling functions are performed by accredited and licensed laboratories.

AT public environmental control citizens (in accordance with the legislation of the Russian Federation), public and non-profit organizations (in accordance with their charters) participate.

Monitoring is the systematic observation of the state of the environment. Monitoring has its own tasks:

  • monitoring the state of the environment and individual natural objects, the physical, chemical, biological processes occurring in it, the level of pollution of soils, atmospheric air, water bodies, the consequences of its influence on vegetation and animal world, human health ;
  • generalization and evaluation of the information received on the state of the environment;
  • forecasting changes in the state of the natural environment in order to prevent its negative environmental consequences;
  • providing information on the state and changes in the natural environment to interested organizations and the population.

Depending on the objects of environmental monitoring, it is divided into general - environmental monitoring, and sectoral - monitoring of natural objects.

The procedure for organizing and conducting state environmental monitoring is regulated by federal laws (the Law of the RSFSR "On the Protection of the Environment", the Forest, Water, Land Codes, laws on subsoil, on wildlife, etc.) and other acts of environmental legislation.

The organizational basis of state environmental monitoring is the Russian Federal Service for Hydrometeorology and Environmental Monitoring. The structure of this body includes subdivisions of various levels, which are entrusted with the functions of conducting environmental monitoring: posts and observation stations that collect information about the natural environment; territorial, regional observation centers, research institutions that analyze and evaluate the data obtained, develop forecasts. The competence of Roshydromet covers monitoring of surface fresh waters and the marine environment, soils, atmospheric air, near-Earth space, etc. Sectoral monitoring is carried out by specially authorized bodies of the state environmental management for certain types natural resources.

Land monitoring - a system for monitoring the state of the land fund for the timely detection of changes, their assessment, prevention and elimination of the consequences of negative processes Forest monitoring - a system for observing, assessing and forecasting the state and dynamics of the forest fund (Article 69 of the Forest Code of the Russian Federation). Its implementation is entrusted to the Federal Forestry Service of Russia.

Monitoring of water bodies is a system of regular observations of hydrological, hydrogeological and hydrogeochemical indicators of their state, which ensures the collection, transmission and processing of the information received in order to timely identify negative processes, predict their development, prevent harmful consequences and determine the degree of effectiveness of ongoing water protection measures. Monitoring of objects of the animal world - a system of regular observations of the distribution, abundance, physical condition of objects of the animal world, the structure, quality and area of ​​\u200b\u200btheir habitat (Article 15 of the Federal Law "On the Animal World"). This monitoring is carried out by the bodies of the Ministry of Agriculture of the Russian Federation, the State Committee of the Russian Federation for Fisheries, Rosleskhoz, etc.

A number of other bodies of special management within their competence are also involved in the implementation of state environmental monitoring - the State Sanitary and Epidemiological Service, Gosatomnadzor, etc.

Monitoring of individual natural resources (sectoral) are constituent parts systems state monitoring the natural environment. The overall management of the creation and functioning of a unified state system of environmental monitoring is carried out in accordance with the established procedure by the State Committee for Ecology of Russia (clause 7 of the Regulations on the State Committee of the Russian Federation for Environmental Protection).

The concept and objects of environmental control

The objects of environmental control are:

  • natural environment, its state and changes;
  • activities to implement mandatory plans and measures to rational use natural resources and environmental protection;
  • compliance with legislation, rules and regulations in the field of nature management and environmental protection.

In the process of environmental control, various methods are used: monitoring the state of the environment; collection, analysis and generalization of information; verification of compliance with environmental rules and regulations; carrying out ecological expertise; prevention and suppression of environmental offenses; taking measures to compensate for environmental damage, bringing the perpetrators to administrative and criminal liability, etc.

State environmental control

State environmental control is one of the types of administrative and managerial activities and, in contrast to monitoring, involves not only the collection and analysis of the necessary information, but also the verification of compliance with environmental requirements and standards by the subjects of nature management, the identification of violations of environmental legislation. It is of a supra-departmental nature and includes in its system bodies of general and special competence that manage the use of natural resources and environmental protection. A special place among them is occupied by special environmental inspections - the state forest protection, hunting inspection, fish protection, the state sanitary and epidemiological service, etc.

The organization and conduct of state environmental control and ensuring intersectoral coordination of the activities of state bodies in this area are entrusted to the State Committee of the Russian Federation for Environmental Protection.

Officials of state environmental control bodies, in accordance with their powers, have the right in the prescribed manner:

  • visit enterprises, organizations and institutions, regardless of their form of ownership and subordination, get acquainted with documents and other materials necessary for the performance of their official duties;
  • check the operation of treatment facilities, their means of control, compliance with environmental quality standards, environmental legislation, the implementation of plans and measures for the protection of the environment;
  • issue permits for the right to emit, dump, dispose of harmful substances;
  • establish, in agreement with the bodies of sanitary and epidemiological supervision, standards for emissions and discharges of harmful substances by stationary sources of environmental pollution;
  • appoint the state ecological expertise, ensure control over the implementation of its conclusion;
  • demand the elimination of identified deficiencies, give instructions or opinions on the location, design, construction, commissioning and operation of facilities within the limits of the rights granted;
  • bring guilty persons to administrative responsibility in accordance with the established procedure, send materials on bringing them to disciplinary and criminal liability, file claims in court (arbitration court) for compensation for harm caused to the environment or human health by environmental offenses;
  • make decisions on limiting, suspending, terminating the operation of enterprises and any activity that is harmful to the natural environment and human health.

Decisions of state environmental control bodies can be appealed to the court.

Production control is carried out by the environmental service of enterprises, organizations and institutions (officials, laboratories, departments, etc. for environmental protection), whose activities are related to the use of natural resources or have an impact on the environment natural environment. The task of industrial environmental control is to verify the implementation of plans and measures for nature protection and environmental improvement, rational use and reproduction of natural resources, compliance with environmental quality standards, compliance with environmental legislation requirements at a particular enterprise, organization, institution. It can be expressed in the control of pollutant emissions, the allocation and development of funds for environmental protection measures, the operation of treatment facilities, etc.

Within the framework of public control, citizens and their organizations, public associations and environmental movements can independently or jointly with state bodies participate in the implementation of environmental activities, verification of compliance with the requirements of environmental legislation by enterprises, organizations, institutions, officials and citizens, identification and suppression of environmental offenses. Various mass public organizations (trade union, youth, etc.), as well as specialized environmental formations (nature conservation societies, environmental parties, etc.) take part in the protection of the natural environment. The activities of environmental movements that unite citizens in defense of individual natural objects and complexes are expanding in connection with the decision of zonal environmental issues(protection of Lake Baikal, the Volga River, etc.).

An important link in environmental control is environmental expertise, as well as the environmental impact assessment (EIA) preceding it, which form an interconnected set of tools that prevent environmentally harmful activities and take into account environmental requirements at the stage of making economic and other decisions.

Environmental impact assessment

Environmental impact assessment (EIA) - a procedure for taking into account the environmental requirements of the legislation of the Russian Federation in the preparation and adoption of decisions on the socio-economic development of society. It is organized and carried out in order to identify and take the necessary and sufficient measures to prevent possible environmental and related social, economic and other consequences of the implementation of economic and other activities that are unacceptable to society.

Environmental impact assessment is carried out when preparing the following types of substantiating documentation:

  • concepts, programs (including investment ones) and plans for sectoral and territorial socio-economic development;
  • schemes for the integrated use and protection of natural resources;
  • urban planning documentation (general plans of cities, projects and detailed planning schemes, etc.);
  • documentation on the creation of new equipment, technology, materials and substances;
  • pre-project studies of investments in construction, feasibility studies and projects for the construction of new, reconstruction and expansion of existing economic and other facilities and complexes (clause 2.1 of the Regulations).

When preparing documentation substantiating the development of a number of objects and types of economic and other activities, an EIA is mandatory. The list of such types and objects is given in the appendix to the Regulation on environmental impact assessment in the Russian Federation. The expediency of conducting an EIA for other types and objects of activity is determined by the executive authorities of the constituent entities of the Russian Federation on the proposal of the environmental protection authorities. The result of the EIA is a conclusion about the admissibility of the impact of the planned activities on the environment. Supporting documentation for the implementation of views and objects economic activity, containing the results of the EIA, is submitted for state environmental expertise.

Environmental expertise is the establishment of compliance of the planned economic and other activities with environmental requirements and the determination of the admissibility of the implementation of the object of environmental expertise in order to prevent possible adverse effects of this activity on the environment and related social, economic and other consequences of the implementation of the object of environmental expertise (Article 1 Federal Law "On Ecological Expertise").

Thus, the essence of environmental expertise is a preliminary (at the stage of decision-making and project development) verification of the compliance of economic activities with environmental requirements, and its purpose is to prevent harmful environmental and other consequences of such activities.

The legal basis for environmental expertise is the Law of the RSFSR "On the Protection of the Environment", the Federal Law "On Environmental Expertise", the Regulations on the procedure for conducting state environmental expertise, approved by Decree of the Government of the Russian Federation of June 11, 1996 No. 698. Depending on the organization and carrying out ecological expertise is divided into two types: state and public.

State ecological expertise is organized and carried out by specially authorized state bodies. The exclusive right to conduct it and the corresponding functions belong to the State Committee of the Russian Federation for Environmental Protection and its territorial bodies (Article 13 of the Federal Law "On Environmental Expertise", clause 6 of the Regulations on the State Committee of the Russian Federation for Environmental Protection). They have the right to appoint environmental expertise and control the implementation of its requirements. State ecological expertise can be carried out at two levels - federal and subjects of the Russian Federation.

Public ecological expertise is organized and carried out at the initiative of citizens and public organizations(associations), as well as on the initiative of local governments by public organizations (associations), the main activity of which, in accordance with their charters, is environmental protection, including environmental expertise.

Conducting a state environmental review is mandatory in cases established by law, and a public environmental review is carried out on an initiative basis. At the same time, public environmental expertise may be carried out before the state one or simultaneously with it.

Participants (subjects) of the state ecological expertise are:

  • a specially authorized state body organizing the examination (a body of the State Committee for Ecology of Russia);
  • an expert commission (experts) formed by a specially authorized body for conducting an examination;
  • the customer of the documentation subject to examination is an enterprise, organization, institution, in respect of whose objects an environmental examination is to be carried out.

The objects of environmental expertise may be economic and other decisions; activities that have an impact on the environment, as well as its results.

Thus, the following are subject to mandatory state environmental expertise conducted at the federal level:

  • draft legal acts of the Russian Federation, the implementation of which may lead to negative impacts on the environment;
  • projects of complex and targeted federal programs;
  • draft master plans for the development of territories of free economic zones and territories with a special regime of nature management;
  • draft schemes for the development of sectors of the national economy;
  • drafts of general schemes for resettlement, nature management and territorial organization of the productive forces of the Russian Federation;
  • projects of investment programs;
  • projects of integrated schemes for nature protection;
  • feasibility studies and projects for construction, reconstruction, expansion, technical re-equipment, conservation and liquidation of objects of economic activity;
  • draft international treaties;
  • treaties providing for the use of natural resources;
  • substantiation materials for licenses to carry out activities that can have an impact on the environment;
  • draft technical documentation for new equipment, technology, materials, substances, certified goods and services;
  • draft schemes for the protection and use of water, forest, land and other natural resources, the creation of specially protected natural areas;
  • other types of documentation.

Ecological expertise is based on the principles:

  • presumptions of potential environmental hazard of any planned economic and other activities;
  • the obligation to conduct a state environmental review prior to making decisions on the implementation of an object of environmental review;
  • the complexity of assessing the impact on the environment of economic and other activities and its consequences;
  • the obligation to take into account the requirements of environmental safety when conducting an environmental review;
  • reliability and completeness of information submitted for environmental expertise;
  • independence of experts in the exercise of their powers;
  • scientific validity, objectivity and legality of the conclusions of environmental expertise;
  • publicity, participation of public organizations, consideration of public opinion;
  • responsibility of the participants in the environmental review and interested parties for the organization, conduct, quality of the environmental review.

The stages of the expert process are regulated in detail by the legislation. Its result is the conclusion of the environmental review - a document prepared by the expert commission, which contains reasonable conclusions about the admissibility of the impact on the environment of economic and other activities and the possibility of implementing the object of the environmental review.

The opinion of the expert commission is subject to approval by the specially authorized state body in the field of environmental expertise, after which it acquires the status of the conclusion of the state environmental expertise. A similar approval procedure is provided by law for the conclusion of a public environmental review.

The conclusion of the ecological expertise can be positive or negative. A positive conclusion is one of the mandatory conditions for financing and implementation of an object of environmental expertise. The legal consequence of a negative opinion will be a ban on the implementation of the object of environmental expertise.

The conclusion of the ecological expertise may be challenged in court.