If natural ecological systems function sustainably, this is a favorable environment, the quality of which can ensure the integrity of all natural and anthropogenic objects. In addition, such an environment is able to satisfy human needs, including aesthetic ones, since the species diversity of nature is preserved. A person must maintain a favorable environment - this is his first duty.
Goals and objectives
Preserving a favorable environment is not so easy in modern conditions, technical progress has stepped too far, which most often acts ruthlessly in relation to nature. Satisfying human needs becomes more and more difficult as they grow rapidly. Even at specially protected facilities and atprotected areas, it is increasingly difficult to create and regulate a special regime. Nature does not have time to recover from human activity.
The state, society and each individual must set themselves the task of creating and maintaining a favorable environment. This is also approved by the legislation (Nature Protection Law, Articles 11-14). First of all, it concerns the quality of the natural environment, and the tasks of environmental legislation include ensuring that society and the individual are surrounded by conditions suitable for life. For this, there are numerous criteria, regulations, standards regarding safety, purity, species diversity, and so on.
Human Rights
The state is obliged to preserve the right of citizens to a favorable environment, the negative impact of many factors must be immediately stopped. This is a fundamental right that a person enjoys from birth until death, as well as the right to life, liberty, equality of opportunity, and so on, that is, it is fundamental.
The right of citizens to a favorable environment from subjective comprehensive rights, which underlies life activity, since it is associated with the presence of normal economic, environmental, aesthetic and other conditions for its existence. Therefore, each person can demand timely, reliable and complete information on measures to maintain the normal state of the environment, environmental protection, as well as compensation for damage to property or he alth.harm due to committed environmental offenses.
Legislative support
Since the right of every citizen to a favorable environment is confirmed by the Constitution of the Russian Federation, he has the right to make claims in court or administrative order to cancel the decision to design, locate, reconstruct, build, operate facilities that can harm his he alth or property.
Nature protection is not an end in itself, its main task is to ensure the observance of the rights that each citizen relies on the creation of normal environmental conditions for work, recreation and, in general, the life of the entire population of any of the regions. The right of every person to a favorable environment is a constitutional component, and therefore it is important to assess the state of nature, which indicates danger. It is she who is taken into account in litigation.
Methods for assessing environmental he alth
Court practice, considering cases related to nature protection and compensation for environmental damage, always uses the testimony of experts who assessed the he alth of the environment. The damage caused to nature is assessed through forensic environmental expertise. This is how you can resolve a criminal case and bring charges of committing an environmental crime. Thus, the state protects the human right to a he althy environment.
The main difficulties of such processes inthat the harm caused to human he alth must be proven. This is where forensic medical expertise comes into play. The basic right to he alth must be protected, and this requires, above all, the provision of a favorable environment. This is precisely the target in nature management, and the criterion for assessing the legal nature is the requirements established by law, which are required to comply with all structures, including public and private.
Regulations
The quality of the environment must comply with the standards established according to indicators - physical, chemical, biological and the like. All institutions and enterprises, as well as all citizens, are required to comply with the standards, this is the only way to establish and ensure the work of protection for a favorable environment. There is a law of the Russian Federation on nature protection, which expressly states that the protection and conservation of nature is everyone’s business, and everyone protect natural resources, which are the basis of the life of the population.
Legal norms regulate the degree of protection against the effects of biological, physical and chemical factors on the human body. The protection of the right to a favorable environment is quite structured, since this industry is complex and complex, and structuring helps to significantly increase the scientific and practical significance of environmental protection. For example, biological pollution and the protection of nature from them are discussed separately in the law "Environmental Protection".natural environment", in agrarian, sanitary, forestry legislation, in legislation dedicated to the animal world and many other places.
Old and new laws
In April 1996, the President of Russia issued a decree with the concept of transition to sustainable development, where tasks were set based on the documents of the 1992 UN conference concerning the balance between socio-economic development and the preservation of a favorable environment. The Constitution of the Russian Federation absorbed in its new edition many postulates from this decree. However, the problems of preserving the natural resource potential have not yet been resolved.
The new law on environmental protection clarifies the standards, which imply state regulation of various kinds of impacts on the environment. The purpose of the new law is to guarantee the preservation of a favorable natural environment and the full provision of environmental safety for the population. The standards of permissible environmental impact assume the preservation of its quality.
The rights of the country's citizens
A statutory right implies the protection of he alth from adverse effects, which must be ensured by the quality of the environment. For this, there is planning, management, regulation, state control, insurance, compensation for damage to he alth caused by pollution of the natural environment, as well as from other harmful effects.
Any personcan participate in various public associations dealing with environmental problems, in movements defending state guarantees in the field of nature protection. Observance of the rights of a citizen of the Russian Federation to a favorable environment must be ensured within the boundaries of the environmental function of the government of the country and nature protection on the part of nature users. For this, there are extensive systems of technical, organizational, managerial, economic, educational, scientific and, finally, legal measures.
Examples
For example, it is difficult to overestimate the work of the prosecutor's office in the direction of protecting the rights of citizens. Authorities revealed more than seventeen thousand violations of nature protection legislation during the year. A huge number of legal acts were canceled, despite the fact that they were adopted by the state authorities in the constituent entities of the Russian Federation.
In the context of the concept of "environment" there are criteria that are legally significant, because as such the concept is not specifically defined by law. There are standards that make up a clearly built system of nature management with general requirements for the development of limits. For example, atmospheric air is also a human environment. The current law on the protection of atmospheric air has existed separately since 1999, but all provisions of the general law apply to it exactly the same as to other components of the human environment.
Regulatory system
Environmental quality standards apply to all manifestations of disadvantage:maximum permissible concentrations of harmful substances (Article 26), maximum permissible levels of noise, magnetic fields, vibration and other physical effects (Article 28), maximum permissible levels of radiation exposure (Article 29), maximum permissible environmental load standards (Article 33), standards concerning protective and sanitary zones (Article 34) and so on.
All standards contain qualitative characteristics of the state in which the natural environment is located, and they are aimed, first of all, at ensuring cleanliness. And this is just one of the characteristics, although the most important.
Environmental safety
At the present stage of development of society, new concepts related to the problems of nature protection have appeared. For example, environmental safety, which is a characteristic of the protection of all vital interests of a person and the natural environment surrounding him. First of all, this concept reflects the protection of the rights of every citizen to the security of the world.
Rational nature management and environmental protection today are closely connected with economic methods of regulation, which are in absolute priority. And the system of economic responsibility and interest in maintaining a favorable state of the environment is still being developed. Nevertheless, there is a trend towards greening the economy, although it is still difficult to observe the results.
Economic and ecological interests
Article 4 of the Federal Law on Environmental Protection contains reasonablescientific combination of economic, environmental, social interests of the state, society and man, where the main goal is to ensure a favorable natural environment. However, there are areas with chronically high pollution in the country, which is a clear violation of the rights guaranteed by the Constitution. These are Norilsk, Novokuznetsk and almost all of Kuzbass, Chelyabinsk and its environs, as well as many other cities and regions.
A person with his rights and freedoms is the highest value that the state has, therefore the protection and realization of the right to a clean and harmless environment is the foundation of the foundations. The state is still very weakly implementing its ecological function. The issue of developing the best concept of environmental control, corresponding to modern realities, is especially acute.
Landmark - world experience
Today, environmental law is developing very poorly in our country. This happens because there is a crisis state of the environment in many regions, and the public is in dire need of restoring the natural balance. There are numerous shortcomings and even defects in environmental legislation, according to environmental experts, there are many gaps and even in legal regulation there is fragmentation.
The state will have to become legal and social, but the emerging economic relations in no way inspire optimism in the public. The country has many forms of ownership and a complete diversity in the ownership of natural resources, but none of them really showsrespect for the environment. Environmental legislation should be guided by the best practices accumulated in the world, since many states are very successful in tackling the issues of preserving a favorable natural environment.
