Lecture 8: Organization of Environmental Protection Work and Monitoring. Liability for Environmental Offenses

Lecture



1. Types of Monitoring of the State of the Natural Environment

Environmental monitoring is a comprehensive monitoring of the biosphere. It includes control over changes in the state of the environment under the influence of both natural and anthropogenic factors.

The term «monitoring» is derived from the Latin monitor — one who observes, warns.: monitoring of the state of the natural environment, and primarily of pollution and the effects it causes in the biosphere, — a comprehensive system of observation, assessment and forecasting of changes in the state of the biosphere or its individual elements under the influence of anthropogenic impacts.

The UNESCO program of 1974 defines monitoring as a system of regular long-term observations in space and time, providing information on the past and present states of the environment, allowing forecasting of future changes in its parameters, which are of particular significance for humanity.

The main tasks of environmental monitoring of anthropogenic impacts:

  • observation of sources of anthropogenic impact;

  • observation of factors of anthropogenic impact;

  • observation of the state of the natural environment and the processes occurring in it under the influence of anthropogenic impact factors;

  • assessment of the physical state of the natural environment;

  • forecasting of changes in the natural environment under the influence of anthropogenic impact factors and assessment of the forecasted state of the natural environment.

Monitoring includes the following main practical directions :

  • observation of the state of the environment and the factors affecting it;

  • assessment of the actual state of the environment and its level of pollution;

  • forecasting of the state of the environment as a result of possible pollution and assessment of this state.

The objects of monitoring are primarily: the atmosphere (monitoring of the surface layer of the atmosphere and the upper atmosphere); atmospheric precipitation (monitoring of atmospheric precipitation); surface waters of land, oceans and seas, groundwater (monitoring of the hydrosphere); the cryosphere (monitoring of the components of the climate system).

By objects of observation, a distinction is made between: atmospheric, air, water, soil, climatic monitoring, monitoring of vegetation, wildlife, public health, etc.

The system of comprehensive environmental monitoring provides for:

  • identification of the object of observation;

  • survey of the identified object of observation;

  • compilation of an information model for the object of observation;

  • planning of measurements;

  • assessment of the state of the object of observation and identification of its information model;

  • forecasting of changes in the state of the object of observation;

  • presentation of information in a form convenient for use and delivering it to the consumer.

Environmental Pollution Control System

Creating effective programs for regulating the quality of the natural environment and managing nature primarily requires an adequate assessment of its observed state and a forecast of changes in this state. Obtaining such information is precisely the task of the monitoring system for natural environment pollution, i.e., a system of observation, assessment and forecasting of the state of natural environment objects (atmospheric air, surface and groundwater, soils, etc.), experiencing the impact of anthropogenic pollution.

Monitoring systems are created and function at the global (worldwide), national (country-wide) and regional (region, city) levels.

The Global Environmental Monitoring System is an information system that allows assessment of the current background state of the biosphere and identification of trends in its change caused by anthropogenic activity. The factual and forecast information obtained forms the basis of a strategy for regulating the interaction between society and the natural environment.

Analysis of the background state of the natural environment indicates a trend of accumulation in the natural environment of a number of chemical compounds and physical factors that negatively affect biological and climatic systems.

The large-scale anthropogenic impact on the environment has necessitated the creation of a system of comprehensive background monitoring, whose tasks are systematic observations of environmental pollution (water, air, soil), and assessment and forecasting of their state.

An example of such a system is the operating system of comprehensive background monitoring of 7 Eastern European countries. The information obtained from a network of 91 stations of comprehensive background monitoring (CBMS) and baseline stations characterizes global pollution of the natural environment and is supplemented by data from observations of transboundary transport of air-polluting substances (the EMEP station network) and the chemical composition of precipitation (the BAPMoN station network).

In the atmosphere, hydrosphere, soil and biota, an increase in the content of heavy metals (HM), compounds of sulfur, phosphorus, nitrogen, and polycyclic aromatic hydrocarbons (PAH) is already observed; an accumulation and increase in the content of complex organochlorine compounds is expected: polychlorinated biphenyls and organochlorine pesticides (PCB, OCP), which have an extremely negative effect on the environment. Accordingly, a decline in the oxygen content of the atmosphere and an increase in the acidification of the hydrosphere and soils are forecast.

Among the physical factors of impact, an increase in the content of radioactive substances is noted in all environments; in the atmosphere, in addition, an increase in aerosols and CO2, which affect the climate.

1. Organization of Monitoring of Atmospheric Air Pollution in Cities

Within the framework of the national service for observation and control of natural environment pollution (NSOCP), Goskomgidromet (the State Committee for Hydrometeorology) accounts for more than 6 million measurements of atmospheric air pollution in 570 cities and settlements of the country.

Observations, in accordance with GOST 17.2.3.01-86 «Nature Protection. Atmosphere. Rules for Monitoring Air Quality in Populated Areas», are carried out in residential areas.

The standard establishes three categories of atmospheric pollution observation posts: stationary, route, and mobile (plume-tracking). The minimum number of stationary posts, depending on the population size, is established as follows:

up to 50 thousand residents - 1 post

100 thousand residents - 2 posts

100 - 200 thousand residents - 2 - 3 posts

200 - 500 thousand residents - 3 - 5 posts

0.5 - 1 million residents -5-10 posts

1 - 2 million residents - 1- - 15 posts

more than 2 million residents - 15 - 20 posts

Observations under the full program serve to obtain operational information and the average daily concentration daily at hours 01, 07, 13 and 19 local decree time. It is permitted to conduct observations on a sliding schedule of 07, 10, 13 hours (Tuesday, Thursday, Saturday) and 15, 18 and 21 (Monday, Wednesday, Friday). Air samples are taken at a height of 1.5 - 2.5 m from the ground surface. Simultaneously with air sampling, meteorological parameters are measured: wind direction and speed, air temperature and humidity, weather conditions.

To characterize the pollution level, average concentration values are used (per day, month, year); for a complete picture of pollution, the maximum concentrations of pollutants for the same period and the frequency of occurrence (%) of concentrations exceeding the maximum permissible (MPC) are given.

2. Monitoring of Surface Water Pollution on Land

The problem of pollution of surface waters on land (rivers, lakes, reservoirs) is closely related to the problem of freshwater availability. Amid the growing shortage of clean fresh water, the service for observing the level of pollution of these waters is part of the state system of natural environment pollution monitoring.

Thus, the main goal of monitoring the pollution of land waters is obtaining information on water quality, necessary for implementing measures for water protection and rational use. An integral part of this monitoring should be control of the level and dynamics of bottom sediment pollution, since the accumulation of pollutants in them leads to secondary pollution of the water body.

Water quality control in the NSOCP system is carried out according to the rules and in accordance with GOST 17.1.3.07-82 «Nature Protection. Hydrosphere. Rules for Monitoring the Water Quality of Watercourses and Water Bodies».

Water body and watercourse quality control points are divided into categories I, II, III and IV.

To assess water quality in water bodies and watercourses, a set of indicators is monitored, reflecting the degree of water pollution by physical, chemical and general sanitary parameters.

The controlled substances can be divided into several groups:

I . Physical indicators: water temperature, color, transparency, odor, specific electrical conductivity.

  1. General sanitary characteristics: hydrogen index (pH), redox potential, suspended substances, BOD5, dissolved oxygen, hydrogen sulfide.

  2. Biogenic substances (reflecting the degree of anthropogenic impact): iron, total nitrogen, mineral nitrogen compounds (nitrates, nitrites, ammonium ions), chemical oxygen demand (COD), total phosphorus.

  3. Major ions: chloride, sulfate, bicarbonate, calcium, magnesium, sodium, potassium, sum of ions.

  4. Commonly occurring pollutants: dissolved petroleum products, surfactants, phenols, formaldehyde, trace elements (chromium, lead, copper, zinc, nickel, cadmium, etc.), mercury.

The network of hydrochemical observation points in the country consists of 3192 points (4423 cross-sections) at 2220 water bodies. Monitoring covers 1928 rivers, 147 lakes and 145 reservoirs. More than 55 thousand water samples are analyzed for 118 ingredients, and more than 2 million determinations are carried out.

Monitoring of Soil Pollution

Since MPC standards for soils have been developed for a very limited number of anthropogenic substances, when monitoring most pollutants, a comparison of observation results with average background values is used, as well as assessment of statistical spatial and temporal patterns.

The criteria for compiling a list of substances subject to control are their toxicity, prevalence, and, for chemical plant protection agents, also their persistence. Moreover, DDT with its metabolites and HCH are primarily the object of monitoring, since their accumulation in soils poses a real danger to humans. Among heavy metals, Hg, Pb, and Cd are the most toxic; substances that have the ability to accumulate in agricultural products, as well as to migrate along with surface and groundwater runoff, are primarily subject to control. The list of these substances is constantly expanding; the most toxic of the known compounds is the group of carcinogenic substances:

polycyclic aromatic hydrocarbons (PAH),

polychlorinated biphenyls (PCB) and

trichlorodiphenyls (TCD).

The state of soil pollution is indicated by such parameters as acidity, salinity, and changes in physical indicators.

Sampling of soil samples is carried out twice a year: in spring and autumn. Determination of the content of man-made pollutants in soils (heavy metals, petroleum products, etc.) is carried out after the snow cover melts (in spring) and in autumn, before the snow cover forms. Agricultural toxicants are determined in soils in spring, before they are applied to farmland, and in autumn, after harvest, i.e., the residual amount of pesticides in the soil is determined.

2. Environmental Quality Standardization

By environmental quality is meant the degree to which the human living environment corresponds to human needs. The human environment consists of natural conditions, working conditions and living conditions. Life expectancy, health, and the population's morbidity rate, etc., depend on its quality.

Environmental quality standardization — the establishment of indicators and limits within which changes in these indicators are permitted (for air, water, soil, etc.).

The purpose of standardization is to establish maximum permissible norms (environmental standards) for human impact on the environment. Compliance with environmental standards should ensure the environmental safety of the population, preservation of the genetic pool of humans, plants and animals, and rational use and reproduction of natural resources.

Standards for maximum permissible harmful impacts, as well as methods for determining them, are temporary in nature and may be improved as science and technology develop, taking into account international standards.

The main environmental standards for environmental quality and impact on it are as follows:

Quality standards (sanitary-hygienic):

1. maximum permissible concentration (MPC) of harmful substances;

2. maximum permissible level (MPL) of harmful physical impacts: radiation, noise, vibration, magnetic fields, etc.

Impact standards (industrial-economic):

1. maximum permissible emission (MPE) of harmful substances;

2. maximum permissible discharge (MPD) of harmful substances.

Comprehensive standards:

1. maximum permissible environmental (anthropogenic)

2. load on the environment.

Maximum permissible concentration (amount) (MPC) — the amount of a pollutant in the environment (soil, air, water, food products) which, with constant or temporary exposure to a human, does not affect their health and does not cause adverse effects in their offspring. MPC is calculated per unit of volume (for air, water), mass (for soil, food products) or surface area (for the skin of workers). MPC is established on the basis of comprehensive studies. When determining it, the degree of influence of pollutants is taken into account not only on human health, but also on animals, plants, microorganisms, as well as on natural communities as a whole.

At present, more than 1900 MPCs for harmful chemical substances are in effect in our country for water bodies, more than 500 for atmospheric air, and more than 130 for soils.

When a natural object contains several pollutants with a summation of effects (synergism), their combined impact is taken into account. The sum of their concentrations, when calculated, must not exceed one:

C1/MPC1 + C2/MPC2 + ... + Cn/MPCn < 1,

where C1, C2, ..., Cn — actual concentrations of harmful substances in air, water, soil, food products; MPC1, MPC2, .., MPCn — maximum permissible concentrations of harmful substances, established for their isolated presence.

When standardizing the quality of atmospheric air, indicators such as the MPC of a harmful substance in the working area air, the single maximum MPC, and the average daily MPC are used.

Russian state hygienic standards (MPC) for some environmentally hazardous chemical factors

Name of chemical factor

MPC

atmospheric air

(mg/m3)

water (mg/l)

soil (mg/kg, adjusted for k. arka)

maximum single

average daily

Ammonia

0.2

0.04

0.39

Aniline

0.1

Acetone

0.35

0.35

Gasoline

5.0

1.5

od

Benzene

1.5

0.1

0.5

0.3

Benzo(a)pyrene

0.1*

0.000005

0.02

Hexachlorocyclohexane

0.03

0.03

0.004

od

DDT

od

od

Nitrogen dioxide

0.085

0.04

Dioxin

0.5 pg/m3

20 pg/l

10 pg/kg

Arsenic and its inorganic compounds

0.03

0.05

2.0

Ozone

0.16

0.03

Nitrogen oxide

0.2

0.4

0.02

Mercury (metallic)

0.2

0.0003

0.0005

2.1

Lead (inorganic compounds)

0.01

0.0003

0.03

32.0

Hydrogen sulfide

0.008

0.4

Surfactants

0.5

Solid particles (dust)

0.5

0.15

Carbon monoxide

5.0

3.0

Phenol

0.01

0.003

0.001

Formaldehyde

0.035 J

0.003

0.001

Chlorine

0.1

0.03

Carbon

tetrachloride

4.0

0.7

0.006

Note: * — mg / 100 m3.

The maximum permissible concentration of a harmful substance in the air of the working area (MPCwa) this is the maximum concentration which, with daily work (except weekends) for 8 hours or another duration, but not more than 41 hours per week, throughout the entire length of service, should not cause disease or deviations in health status detectable by modern research methods, during the work process or at later stages of life of the present and subsequent generations. The working area should be considered the space up to 2 m in height above floor level or the area where places of permanent or temporary presence of workers are located.

The single maximum permissible concentration (MPCsm) this is the maximum concentration of a harmful substance in the air of populated areas that does not cause, upon inhalation over 20 minutes, reflexive (including subsensory) reactions in the human body (sensation of odor, changes in visual light sensitivity, etc.).

The average daily maximum permissible concentration (MPCad) — this is the maximum concentration of a harmful substance in the air of populated areas that should not have a direct or indirect effect on humans with unlimited (years) inhalation.

When standardizing the quality of water, indicators such as the MPC of harmful substances for drinking water and fishery water bodies are used. Odor, taste, color, turbidity, temperature, hardness, coli-index and other water quality indicators are also standardized.

The maximum permissible concentration in the water of a water body used for household-drinking and cultural-domestic water use (MPCw) this is the maximum concentration of a harmful substance in water that should not have a direct or indirect effect on the human body throughout their entire life and on the health of subsequent generations, and should not worsen the sanitary conditions of water use.

The maximum permissible concentration in the water of a water body used for fishery purposes (MPCfw) — this is the maximum concentration of a harmful substance in water that should not have a harmful effect on fish populations, primarily commercial ones.

When standardizing the quality of soil, an indicator such as the MPC of a harmful substance in the arable soil layer is used. The maximum permissible concentration in the arable soil layer (MPCs) — this is the maximum concentration of a harmful substance in the upper, arable layer of soil, which should not have a direct or indirect negative effect on human health, soil fertility, its self-purifying capacity, environments in contact with it, and should not lead to the accumulation of harmful substances in agricultural crops.

When standardizing the quality of food products, an indicator such as the MPC of a harmful substance in food products is used. The maximum permissible concentration (permissible residual amount) of a harmful substance in food products (MPCfp) this is the maximum concentration of a harmful substance in food products that, over an unlimited period of time (with daily exposure), does not cause diseases or deviations in human health.

The maximum permissible level (MPL) — this is the maximum level of exposure to radiation, noise, vibration, magnetic fields and other harmful physical impacts that does not pose a danger to human health, the condition of animals, plants, and their genetic pool. MPL is the same as MPC, but for physical impacts.

In cases where MPC or MPL have not been determined and are only at the development stage, indicators such as TAC tentatively acceptable concentration, or TAL — tentatively acceptable level, respectively, are used.

It should be noted that there are two approaches to standardizing environmental pollution. On the one hand, it is possible to standardize the content of pollutants in environmental objects; on the other hand, the degree of transformation of the environment as a result of its pollution. Recently, more and more attention has been drawn to the short-

comings of the first approach, in particular, the application of MPC to soils. However, the approach to standardizing environmental quality by indicators of its transformation (for example, the state of biota) is practically undeveloped. Apparently, it is better to use both approaches in combination with each other.

Maximum permissible emission (MPE) or discharge (MPD) — this is the maximum amount of pollutants that a given specific enterprise is permitted to emit into the atmosphere or discharge into a water body per unit of time, without causing an excess of the maximum permissible concentrations of pollutants and adverse environmental consequences.

If the concentrations of harmful substances in the air or water of populated areas where enterprises are located exceed the MPC, then for objective reasons, MPE and MPD values cannot be achieved. For such enterprises, values of temporarily agreed emissions of harmful substances (TAE) and temporarily agreed discharges of harmful substances (TAD) are established respectively, and a phased reduction of emission and discharge indicators of harmful substances is introduced to values that ensure compliance with MPE and MPD.

Currently in Russia, only 15—20% of polluting industries operate on MPE standards, 40—50% on TAE, and the rest pollute the environment based on limit emissions and discharges, which are determined by the actual emission over a certain period of time.

A comprehensive indicator of environmental quality is the maximum permissible environmental load.

The maximum permissible environmental (anthropogenic) load on the environment — this is the maximum intensity of anthropogenic impact on the environment that does not lead to disruption of the stability of ecological systems (or, in other words, to the ecosystem going beyond the limits of its environmental capacity).

The potential ability of the natural environment to withstand one or another anthropogenic load without disrupting the main functions of ecosystems is defined as the capacity of the natural environment, or the environmental capacity of a territory. The stability of ecosystems to anthropogenic impacts depends on the following indicators: 1) reserves of living and dead organic matter; 2) the efficiency of organic matter formation or vegetation cover productivity, and 3) species and structural diversity. The higher they are, the more stable the ecosystem.

Depending on how the level of human economic activity corresponds to the environmental capacity of a territory, nature use can be divided into extensive and balanced.

Extensive (expanding) nature use is characterized by an ever-increasing anthropogenic load on a territory, as a result of which, at a certain point in time, the degree of anthropogenic load exceeds the self-restoring capacity of the territory. Extensive nature use leads to the destruction of natural complexes.

Balanced nature use is distinguished by a balance between anthropogenic load and the environmental capacity of the environment.

Thus, planning of nature use in a given territory should begin with determining the permissible environmental load there.

3. Regulatory and Legal Foundations of Nature Use and Environmental Protection

Environmental law - a set of environmental-legal norms (rules of conduct) regulating social (environmental) relations in the sphere of interaction between society and nature with the aim of protecting the natural environment, preventing harmful environmental consequences, improving and enhancing the quality of the human natural environment. Compliance with rules (norms), including environmental ones, is ensured by the state through coercive means.

The sources of environmental law forming the environmental legislation of the Russian Federation are the following legal documents: 1) the Constitution of the Russian Federation; 2) laws and other regulatory acts of the Russian Federation and its constituent entities in the field of nature use and environmental protection; 3) Decrees and orders of the President of the Russian Federation and resolutions of the Government of the Russian Federation; 4) regulatory acts of ministries and departments; 5) regulatory decisions of local self-government bodies.

1. The Constitution of the Russian Federation (1993 ). proclaims citizens' rights to land and other natural resources, to a favorable environment (environmental safety), to compensation for damage caused to their health, to participation in environmental organizations and public movements, to receiving information on the state of the natural environment and measures for its protection. At the same time, the Constitution of the Russian Federation establishes citizens' obligations to comply with the requirements of environmental legislation,

to take part in the protection of the natural environment, and to raise their level of knowledge about nature and environmental culture. The Constitution of the Russian Federation also defines the organizational and control functions of higher and local authorities regarding the rational use and protection of natural resources.

2. Laws and other regulatory acts of the Russian Federation and its constituent entities in the field of nature use and protection of the natural environment.

The Federal Law «On Environmental Protection» (2002) forms the basis of environmental legislation of the Russian Federation. The tasks of the environmental legislation of the Russian Federation are to regulate relations in the sphere of interaction between society and nature with the aim of preserving natural wealth and the natural human habitat, preventing environmentally harmful impacts of economic and other activities, with the aim of improving and enhancing the quality of the natural environment, and strengthening legality and law and order in the interests of present and future generations of people.

This law covers all aspects of nature use and environmental protection, and the norms of other laws in the field of environmental protection must not contradict the Constitution of the Russian Federation and the Federal Law of the Russian Federation «On Environmental Protection».

The Federal Law «On Environmental Expertise» (1995) regulates relations in the field of environmental expertise, aimed at realizing the constitutional right of citizens of the Russian Federation to a favorable environment through the prevention of negative impacts of economic and other activities on the natural environment, and provides, in this part, for the realization of the constitutional right of the constituent entities of the Russian Federation to jointly manage, with the Russian Federation, issues of environmental protection and ensuring environmental safety.

The Federal Law «On Specially Protected Natural Territories» (1995) regulates relations in the field of organization, protection and use of specially protected natural territories for the purpose of preserving unique and typical natural complexes and objects, notable natural formations, objects of flora and fauna, their genetic pool, studying natural processes in the biosphere and monitoring changes in its state, and environmental education of the population.

The Law of the Russian Federation «On the Protection of Atmospheric Air» (1999) establishes the legal foundations for the protection of atmospheric air. Atmospheric air is a vitally important component of the natural environment, an integral part of the habitat of humans, plants and animals. The most important general measures for protecting the air basin are named as the establishment of standards for maximum permissible concentrations (MPC) and maximum permissible emissions (MPE), as well as fees for emissions of pollutants into the atmosphere.

The Law of the Russian Federation «On Radiation Safety of the Population» (1995) defines the legal foundations for ensuring the radiation safety of the population for the purpose of protecting its health. It proclaims the principle of priority of human health and the natural environment in the practical use and operation of ionizing radiation facilities. In the event of a radiation accident, the Law guarantees compensation for damage to the health and property of citizens. The law also establishes compensation for increased risk associated with living near nuclear and radiation facilities, in the form of improved social and living conditions for the population, etc.

The Law of the Russian Federation «On Production and Consumption Waste» (1998) defines the legal foundations for handling production and consumption waste in order to prevent its harmful effects on human health and the natural environment, as well as to involve such waste in economic circulation as an additional source of raw materials.

The Fundamentals of the Legislation of the Russian Federation on the Protection of Health (1993) regulate the relations of citizens, bodies

of state power and administration, economic entities, entities of the state, municipal and private healthcare systems in the field of health protection of citizens.

The Law of the Russian Federation «On Subsoil» (1992) regulates legal relations in the study, use and protection of subsoil. The law is aimed, first of all, at the rational use of subsoil and its pollution.

The Land Code of the Russian Federation (2001) regulates the protection of lands and the protection of the natural environment from possible harmful effects when using land. The main legal functions of land protection are the preservation and enhancement of soil fertility, and preservation of the agricultural land fund. Environmental violations are considered to be damage, pollution, littering and depletion of lands. The Code regulates the purchase and sale of land and other land transactions.

The Water Code of the Russian Federation (1995) regulates legal relations in the field of use and protection of water bodies. The law is aimed at protecting waters from pollution, littering and depletion.

The Fundamentals of Forest Legislation (1977) regulate relations arising in the use of the forest fund of the Russian Federation for the purpose of creating conditions for the rational use, reproduction, protection and defense of forests.

The Forest Code of the Russian Federation (1997) establishes the legal foundations for the rational use, protection, defense and reproduction of forests, and the enhancement of their environmental and resource potential.

The Law of the Russian Federation «On Wildlife» (1995) regulates relations in the field of protection and use of wildlife, as well as in the sphere of preservation and restoration of its habitat, in order to ensure biological diversity, sustainable use of all its components, create conditions for the sustainable existence of wildlife, preserve the genetic pool of wild animals, and other protection of wildlife as an integral element of the natural environment.

3. Decrees and orders of the President of the Russian Federation and resolutions of the Government of the Russian Federation affect a wide range of environmental issues. For example, the Decree on Federal Natural Resources (1993) or the Decree on the Concept of the Russian Federation's Transition to Sustainable Development (1996).

4. Regulatory acts of environmental protection ministries and departments are issued on matters of rational use and protection of the natural environment in the form of resolutions,

instructions, orders, etc. They are mandatory for other ministries and departments, individuals and legal entities.

5. Regulatory decisions of local self-government bodies (city administrations, rural and settlement bodies) supplement and specify the existing regulatory legal acts in the field of protection of the natural environment.

4. Types of Liability for Environmental Offenses

Environmental offenses are named in accordance with the requirements of the legislation of the Russian Federation. The ultimate goal of environmental legislation and each of its individual articles is to protect against pollution and to ensure the lawful use of the environment and its elements protected by law. The scope of application of environmental legislation is the environment and its individual elements. An element of the environment is recognized as the subject matter of the offense. The requirements of the law presuppose the establishment of a clear causal link between the violation committed and the deterioration of the environment.

The subject of environmental offenses is a person who has reached the age of 16, upon whom corresponding official duties have been imposed by regulatory legal acts (compliance with environmental protection rules, control over compliance with rules), or any person who has reached the age of 16 who has violated the requirements of environmental legislation.

An environmental offense is characterized by the presence of three elements:

- unlawfulness of conduct;

- causing environmental harm (or a real threat thereof) or violation of other legitimate rights and interests of a subject of environmental law;

- a causal link between the unlawful conduct and the environmental harm caused or the real threat of causing such harm, or the violation of other legitimate rights and interests of subjects of environmental law.

In accordance with Russian legislation in the field of environmental protection, officials and citizens bear disciplinary, administrative, criminal, civil-legal, and material liability for environmental offenses, while enterprises bear administrative and civil-legal liability.

Disciplinary liability arises for failure to fulfill plans and measures for nature protection and rational use of natural resources, for violation of environmental standards and other requirements of environmental protection legislation, arising from a labor function or official position. Disciplinary liability is borne by officials and other guilty employees of enterprises and organizations in accordance with regulations, charters, internal labor rules and other regulatory acts (Article 82 of the Law «On the Protection of the Natural Environment»). Violators, in accordance with the Labor Code (as amended and supplemented as of September 258, 1992), may be subject to the following disciplinary sanctions: reprimand, ■■ censure, severe censure, dismissal from work, other penalties.

Material liability is also regulated by the Labor Code of the Russian Federation (Articles 118-126). Such liability is borne by officials and other employees of an enterprise through whose fault the enterprise incurred expenses to compensate for harm caused by an environmental offense.

The application of administrative liability Such liability arises for exceeding the maximum permissible emissions and discharges of harmful substances into the environment, failure to fulfill obligations to conduct a state environmental expertise and the requirements contained in the conclusion of the environmental expertise, providing knowingly incorrect and unsubstantiated conclusions, untimely provision of information and provision of distorted information, refusal to provide timely, complete, reliable information on the state of the natural environment and the radiation situation, etc.

The specific amount of the fine is determined by the body imposing the fine, depending on the nature and type of the offense, the degree of guilt of the offender and the harm caused. The imposition of a fine does not relieve the guilty party from the obligation to compensate for the harm caused (Article 84 of the Law «On the Protection of the Natural Environment»).

In the new Criminal Code of the Russian Federation, environmental crimes are singled out into a separate chapter (Chapter 26). It provides for criminal liability for violating the rules of environmental safety during the performance of work, violating the rules for storing and disposing of environmentally hazardous substances and waste, violating safety rules when handling microbiological or other biological agents or toxins, pollution of waters, the atmosphere and the sea, violation of legislation on the continental shelf, damage to land, illegal extraction of aquatic animals and plants, violation of rules for the protection of fish stocks, illegal hunting, illegal felling of trees and shrubs, and destruction or damage to forest tracts.

One of the most serious environmental crimes is ecocide - the mass destruction of plant life (plant communities of the land of Russia or its individual regions) or wildlife (the totality of living organisms of all species of wild animals inhabiting the territory of Russia or a particular region), the poisoning of the atmosphere and water resources (surface and groundwater that are used or could be used), as well as the commission of other actions capable of causing an environmental catastrophe. The public danger of ecocide lies in the threat or infliction of enormous harm to the natural environment, the preservation of the gene pool of the people, and of the animal and plant world.

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