Survey of the Modern Ecological Law

Russia of today has the largest federal state territory. Its member-units comprise 21 republics, 49 oblasts, 6 krai, 11 autonomous units and 2 independent federal cities. Although formally, in conformity with the Constitution, all the member-units of the RF are equal, actual definite inequality between them is retained. If the republics are entitled to adopt constitutions, the other member-units can adopt charters. In their constitutions member-units proclaim themselves as independent states, while the charters lack such provisions. The autonomous districts, according to the Constitution of the RF, are named as independent member-units; however, their actual independence is limited as they form part of a respective krai that keeps them politically and financially dependent on the latter. The legal system of Russia develops in conformity with its federal state structure. It comprises laws and regulations that are adopted on the federal, regional and municipal levels. The Russian legal system belongs to the continental system of law, and the case law is not included into the system of sources of law. At the same time, supreme judicial bodies are there to adopt decrees on selected issues of law, thereby interpreting the law on the basis of judicial practice, analysis, and their own understanding of a legal provision. On November 5, 1998 the Plenum of the Supreme Court of the Russian Federation adopted a decree “On Practice of Enforcing by Courts of the Legislation Establishing Liability for Environmental Wrongs.” The Decree gave explanations to lower courts as to how to interpret and enforce selected provisions of laws that establish liability for environmental violations. The decrees issued by the supreme judicial bodies are addressed to courts and should be taken into consideration while hearing cases. Therefore, as to their significance, such decrees can be relegated to quasi-sources of law. The problem of environmental protection and regulation of natural resources use, despite the economic and political crisis in Russia, does not avoid the attention of legislators. For a short historical period from the beginning of the economic and political reforms in the RF as an independent State (1991), the ecological legislation has been entirely replaced by new laws to adapt to the changed political and economic relations in the country. The former Russian Federation Law “On Protection and Use of Wildlife” (1982) was replaced by the Law on Wildlife, adopted in 1995. The Water Code passed in 1995, followed the Water Code of 1978. Land Use and Forestry Codes, and the Law on Subsoil followed the same route. Within this body of law only an old Law on Air Protection adopted in 1982 is still valid. Although the new laws contain necessary new mechanisms, to a large extent they retain links to their predecessors. Most of them have the same structure, and the scope of questions they cover is similar. It is still practice to pass comprehensive codifying regulatory acts, that encompass the whole set of relations connected with this or that natural object, from ownership issues, distribution of administrative powers to liability and international law provisions. Environment protection and natural resources use issues have been also integrated into the new Constitution adopted in 1993. Article 9 of the Constitution establishes that land, and natural resources can be in state (public), municipal and private ownership. According to Article 36, individuals and organizations who are owners of land, are allowed to possess, use and dispose of their property freely unless it damages the environment or infringes the lawful rights and interests of other persons. The ecological rights of citizens, including the right to a favourable environment, information about its state and the right to be compensated for the damage caused by an environmental wrong, are proclaimed in Article 42. Article 58 obliges each person to protect the environment. In addition, quite a large number of new laws appeared uncommon to the former system, with regard to questions they address. They are either aimed at settling selected ecological problems, or to regulate specific types of economic activities with due consideration of environmental protection interests. For instance, laws on wastes, on the safe use of pesticides and chemicals, on the use of nuclear energy and on protection of the population and areas from natural and manmade environmental emergencies, have recently emerged in the system of the Russian ecological law. It is worth pointing out that most of the problems which are addressed in these laws, are not new for Russia. They existed before and the State responded to them, also through legal regulation. What is significant, is that the legislative level of responding to these issues has been elevated. Certification procedures and state expertise for pesticides and agrochemicals existed before, but were established in governmental and ministerial regulations. Certainly, such laws contain new legal mechanisms, which take into account the contemporary economic and political realities. For instance, the nuclear energy industry was previously practically a closed field of activities. Nowadays, the Law on the Use of Nuclear Energy proclaims Russian Federation