Legal regulation of ecological systems. Ecological system as an object of legal regulation

The term "ecology" was introduced by the German evolutionary biologist E. Haeckel to denote a special biological science about the relationship of organisms with each other and their environment. Currently, environmental law is understood as a system of knowledge about the connections, interdependence and interpenetration of all elements of the ecosystem, the science of the Earth. In the 1980s, the concept of "human ecology" came into circulation - a discipline that studies the patterns of relationships in the biosphere, as well as the evolution and development of the anthroposystem. The formation of environmental law in Russia and the countries of the world is due to the emergence of an environmental problem in the 2nd half of the 20th century as a problem of dangerous degradation of the natural environment under the influence of human activity. At the beginning of the 20th century great importance acquire measures for the protection of nature for economic purposes - to preserve sources of raw materials and reserves natural resources. These interests led to the independent development of the branches of land, water, mining, forest law, which formed the "natural resource law". On the present stage scientific development, human ecology is considered as a science that systematizes the data of branch sciences - biomedical, geographical, historical and social.

Of particular interest, in our opinion, is legal ecology, which develops a system of legal acts aimed at protecting environment. The legal aspect of human ecology can be included in legal ecology as a sub-branch of environmental law. As a sub-branch of environmental law, human ecology is a set of legal regulations governing the relationship between man and nature. Environmental law is an independent branch of law in the legal system of Russia, historically formed in connection with the allocation of the environmental interests of society into an independent category. Environmental law is formed by legal norms that regulate the behavior of people in relation to the natural environment. The formation of environmental law is due to the emergence of an environmental problem in the second half of the 20th century as a problem of dangerous degradation of the natural environment under the influence of human activity. Under the influence of this, society develops an understanding of the need to subordinate its actions to requirements that can ensure a favorable state of the environment as a necessary condition for the survival of modern and future civilizations, stable and crisis-free development of society. The purposeful activity of states in the protection of nature begins at the end of the 19th century with practical steps to protect natural monuments, unique, beautiful and valuable natural objects. During this period, a network of specially protected areas is being created around the world. At the beginning of the 20th century, measures to protect nature for economic purposes, to preserve sources of raw materials and reserves of natural resources, acquire an ever-increasing impact. These interests led to the independent development of the branches of land, water, mining, forestry law, which later formed a single direction called "natural resource law". Then the interests of preserving a favorable living environment for a person become dominant in society. These interests determined the development legal protection nature and nature management in the direction of consolidation and formation of the branch of environmental law. Given that the causes and factors that necessitated environmental protection do not disappear, but intensify, in further value environmental law will increase. These causes and factors included: the growth of population in conditions of unlimited space and limited natural resources, the growth of productive forces, accompanied by increased human intervention in natural processes, depletion of natural resources, pollution of the natural environment, urbanization and the associated quantitative increase and qualitative complication of human needs. The goal of environmental law is to construct a model of environmentally correct behavior of people that maximally corresponds to the laws of nature.

The concept of environmental law

Environmental law as a branch of law is a system of legal norms governing environmental public relations to achieve harmonious relations between society and nature. Environmental law is also understood as one of the branches of law, a system of legal norms governing social relations in the field of interaction between society and nature in the interests of conservation and rational use environment for present and future generations of people. Public relations can be aimed both at meeting the ever-growing human needs for the natural resources of the Earth (natural resource relations), and at protecting the natural environment of human life (environmental relations). Thus, environmental law is a branch Russian law, which is a system of legal norms governing social relations in the field of interaction between society and nature in order to preserve, improve and improve the environment in the interests of present and future generations of people.

Subject of environmental law

The subject of legal regulation are public environmental relations with certain features:

1) having strong-willed character. So changing the migration routes of wild animals cannot depend on the will of man.

2) developing about the objects of nature that form various ecological systems, as well as internal and external economic relations.

3) aimed at regulating the totality of objects that ensure the conditions of life and the state of human health.

Environmental public relations:

1) are historical in nature.

Features of the modern period:

a) irrational use of natural resources.

b) insufficiently developed productive forces and conditions of international cooperation.

2) are industrial in nature and are present in all four phases economic process reproduction: in production, distribution of products, in their circulation and consumption.

3) have a special subjective composition: in all environmental respects, the state acts in the interests of the people.

4) along with the operational goal, has special goals:

a) conservation of natural objects.

b) improvement of natural objects.

c) restoration of disturbed natural objects.

Thus, ecological social relations are historically conditioned social relations aimed at the conservation, restoration and efficient use of artificial ecosystems and other material objects in order to maximize the preservation of the environment in the interests of present and future generations of people. The subject of environmental law is the historically determined environmental relations between individuals and legal entities that are developing in the scope of environmental legal norms, with the mandatory participation of the state in the efficient use of natural objects in order to maximize the preservation of the environment. Under the environment this case refers to the biosphere, which serves as a condition, place and means of human life and other living organisms; in a broad sense, it includes nature as a system of natural ecological systems and the environment as a part transformed as a result of human activity. natural environment. Thus, environmental law appears as a complex industry, whose subject matter differs from the subjects of related industries in a wider range of regulated social relations and their other quality.

Method of legal regulation of environmental law

The method of legal regulation is a way of legal influence on environmental public relations by the state. It characterizes the legal position of the parties in a legal relationship; legal facts (emergence, change, termination of legal relations); definition of the rights and obligations of subjects; protection of their rights and legitimate interests, etc. The methods of legal regulation are determined by the nature of the regulated relations. However, the structure of methods is not an accurate reflection of the structure of regulated social relations. In environmental law, there are two methods of legal regulation:

1. Ecologization method - aimed at harmonizing the relationship between society and nature. Its application lies in the fact that any type of environmental management is associated with the application of the laws of nature and can be successfully implemented provided that these laws are obeyed. This method combines a general ecological approach with a differentiated one. It has the following components:

1) fixing in the legislation of the elements of the country's ecological system, economically and environmentally significant, the use or impact on which needs legal regulation and provision (F.Z. dated 17. 12. 1998 No. 191-FZ "On the exclusive economic zone of the Russian Federation").

2) consolidation in the legislation of the structures of bodies that regulate the use of natural objects, control the safety and reproduction of the country's ecological system.

3) fixing in the legislation the range of environmental users, as well as individuals and legal entities that inevitably affect the country's ecosystem.

4) a clear regulation of the rules of environmental use, which are determined by the specifics of the object of environmental use and the legal status of the environmental user.

5) establishment of legal liability for violation of the rules of environmental management. The law provides for: disciplinary, administrative, material, criminal and special liability.

2. Method public participation due to the fact that environmental law has as its source the cumulative public interest in the conservation and reproduction of environmental objects. This method is based on the following principles:

1) interaction with state bodies and local governments.

2) Mandatory consideration of environmental public interests.

3) Informing the public and making rulemaking accessible to citizens.

Diagram of the method of environmental law:

* Environmental law method

* Method of influencing public relations with the help of the rule of law

* Imperative Dispositive

Implementation:

* Through the system of environmental quality standards

* By setting the limits of environmental impacts allowed by the subjects

* Through the establishment of political, organizational, economic, legal guarantees and the implementation of environmental and legal requirements

Environmental law system

As a branch of law, environmental law is divided into General, Special and Special parts, consisting of institutions that combine environmental legal norms. The institution of environmental law is understood as a set of legal norms regulating a narrow circle of similar social relations. The General Part includes institutions containing provisions that perform an official function in relation to all or to a group of institutions of the Special Part. The Special Part includes institutions that have a narrow purpose due to the specifics of the objects for which these institutions arise: environmental and legal regimes for subsoil use, land use, etc. The system of environmental law as a branch of law consists of the following institutions.

A common part. Right various forms ownership of natural objects. The right of ecological use. State management of ecological use and environmental protection. Ecological and legal responsibility.

Special part. Section I. Environmental and legal protection of individual components that make up the ecological system of Russia. Section IIEnvironmental and legal protection atmospheric air, natural objects and complexes of ecological systems. Section III Ecological and legal regime of use and protection of ecological systems that are in the sphere of industrial activity and anthropogenic impact. Special part. International environmental law. Problems and solutions of ocean pollution. Ecology and space. Environmental law as a science is a system of knowledge about environmental law as a branch of law and as an academic discipline. The main approaches to it are: historical approach, logical (the study of private phenomena after studying general patterns) and economic (coverage of all aspects and knowledge of the studied phenomena).

I Principles of the Special Part:

1) the principle of internationalism. International legal norms take precedence over national ones.

2) The principle of the equal status of all forms of ownership of natural objects and all forms of management (part 2 of article 8 of the Constitution of the Russian Federation). It is ensured by: a) the suppression of monopoly tendencies that arise in the course of the economic exploitation of natural objects. b) protection from unlawful interference in the economic activities of enterprises-environmental users.

3) The principle of stimulating the proper performance by environmental users of their rights and obligations. 3) The principle of subjective imputation. Liability applies only for guilty environmental offenses (Article 75 of the Law on Environmental Protection)

4) The principle of unity of rights and obligations of subjects of environmental legal relations.

5) The principle of combining persuasion and coercion.

6) The principle of publicity.

II Principles of the general part of environmental law.

1) Principles of prioritizing the interests of the peoples living in the respective territory and protecting the rights individual person. 2) The principle of the primacy of the nationwide management of environmental management and environmental protection. 3) The principle of strictly targeted, rational and efficient use of natural objects. 4) The principle of priority for the protection of the use of natural objects. 5) The principle of an integrated approach to environmental management. 6) The principle of sustainable environmental management. 7) The principle of paid use of natural resources and objects. 8) The principle of planned environmental management.

III Principles of the special part of environmental law.

1) Priority of agricultural land. 2) Priority of drinking and household waters. 3) Priority of subsoil use for the development of minerals. 4) Priority of protective forests. 5) The priority of the existence of animals in a state of natural freedom.

The system of environmental law is formed by the unity of legal norms aimed at regulating relations in the use of natural objects and environmental protection. According to its substantive characteristics, environmental law can thus be distinguished from the constitutional, administrative, civil, financial and other branches. The norms of environmental law are internally interconnected and arranged in a certain hierarchy. The location of legal norms in relation to each other, their correlation characterize the structure of environmental law.

1. The concept of environmental law, its features

environmental law- an independent complex branch of law that regulates relations in the field of interaction between society and man with the environment.

Independence of environmental law due to the presence own subject regulation - environmentally meaningful behavior people - and specific tasks, which include: preservation of the environment, improvement of its condition and quality, restoration of environmental elements, ensuring the environmental safety of the population and territories, environmental law and order, etc. These tasks cannot be solved by other branches of law. Complexity of environmental law is explained by the fact that it includes the actual environmental norms and attracts the norms of other branches of law, both fundamental and derivative, secondary, to solve the tasks assigned to it.

Environmental law is characterized by a number of essential manifestations, features, features that help to reveal its content and purpose, to understand its role in the modern legal system of Russia and in the world legal system.

One of the features of this branch of law is its youth. Unlike fundamental industries Environmental law began to take shape as a branch in the second half of the 20th century. This happened in connection with the aggravated socio-ecological situation in the world, primarily in post-war Europe, increased impact anthropogenic factors, especially industrial production, changing technologies, growing consumption, etc. The formation of environmental law both at the international and national levels was basically completed in the 80s. of the past century.

This feature of environmental law is also associated with such a feature as emergency intensity of development.

The features of environmental law include terminology specificity, specialization legal language as a whole, the narrow professional orientation of the texts of normative legal acts.

Versatility personifies the trend of convergence of various legal systems.

Justice characterizes the inclusion of a particular right in the established system of justice.

The Globality and Significance of Environmental Law in modern world are its most important characteristics. These features also determine such a feature of environmental law as interdependence (and complementarity) international and national regulation.

Openness of environmental law is its most important property.

Exceptional renewal and novelty of environmental law how its properties are manifested due to the isolation of new subjects of legal regulation in it. These properties reflect the current conceptuality and high level adaptability environmental law to real problems.

Russian environmental law is characterized by significant orientation on the implemented state environmental policy.

One can point to such a feature of environmental law as conflict, which manifests itself primarily between environmental and economic interests, the need to conserve natural resources and the growth of consumption, etc.

2. Ecological system as an object of legal regulation

ecological system is a multifaceted concept. It applies both to natural ecosystems (forest, river) and artificial ones (indoor swimming pool), where the processes of metabolism and energy are influenced by anthropogenic activities human occur many times faster than in natural ecosystems.

An analysis of an ecosystem as a multidimensional and multilateral concept, interconnected with all spheres of human activity, to a greater or lesser extent, allows us to determine its essential properties that are important in terms of legal regulation.

It should be noted that there is no separate legal act regulating the general principles of protection and use of ecosystems, which is due to their diversity, different territorial sphere of existence and natural features each of them.

In the legal analysis of each ecosystem, one should remember the presence of essential properties of ecosystems, their ecocycles.

1. Closure, independent functioning of the ecological system. Any, even indirect, intervention in the ecosystem has an impact on it. Availability environmental issues related to natural human activity requires understanding the mechanisms that maintain the integrity and functional stability of ecosystems. Understand and take control. Here the question inevitably arises, which ecologists consider the most important: to artificially form sustainable, necessary to a person, productive ecosystems. The closure of ecological systems obliges all citizens and organizations to take into account the environmental consequences of their actions.

2. The relationship of ecological systems, which leads to the creation natural complexes.

When using natural objects, it is necessary A complex approach, which in the practice of environmental management is called landscape. The landscape approach in the use of natural objects involves constant care of the landscape, including a system of regular activities aimed at maintaining the properties of the landscape in a state in which the functions assigned to it are successfully performed.

3. Bioproductivity. It contributes to the self-reproduction of the ecosystem, the performance of one or another of its functions, which also determines the different legal status of lands. Differentiation of lands depending on the purpose of their use is naturally determined by their bioproductive function, economic and environmental aspects.

Ecosystem self-reproduction is its ability to self-regulation, self-rebirth. AT initial period development of industry in Russia, when there was an insignificant emission of pollutants into the atmosphere, discharge Wastewater into water bodies, etc., the process of self-regulation was carried out until these pollution and discharges into huge quantities did not lead to irreversible changes in ecosystems.

These features that characterize an ecosystem make it possible to define the concept of an ecosystem acting as an object of legal regulation. ecological system- this is a natural sphere of the environment, which has a closed system of interconnections of its constituent components, which gives it stability, is interconnected with other sustainable ecological ecosystems and has a certain biological productivity.

Ecology has long gone beyond the boundaries of biological science and has become a complex science, which includes all aspects of human life and activity.

A special role in the system of relationships "man - society - nature" is assigned to law, which should not be limited at the domestic level, but should have a comprehensive, planetary regulation. Environmental law will formulate the principles and goals of the further development of mankind in the field of environmental management and environmental protection.

The long-term benefits that can be obtained from nature depend on the conservation of ecological processes and systems. Man must acquire the knowledge necessary to conserve and expand his ability to use natural resources, while conserving species and ecosystems. Human life depends on continuous functioning natural ecosystems, which are a constant source of energy and nutrients. Human use of natural ecosystems, as well as resources of land, sea and atmosphere, should be regulated in such a way that the balance in the biosphere and in individual ecosystems is not disturbed, there is no damage to the integrity of ecosystems or the species with which they coexist. The planned activity that poses a danger to nature must be preceded by a deep analysis (expertise), and persons carrying out such activities must prove that the expected benefit from it is much greater than the damage that can be caused to nature, and in cases where the possible the harmful effects of such activities are not clearly established, they should not be undertaken 1 .

Turning to direct analysis ecosystems, to the legal issues related to their functioning, it is necessary to determine their place.

In Art. 1 of the Law on Environmental Protection for the first time defined natural ecological system- "an objectively existing part of the natural environment, which has spatial and territorial boundaries and in which living (plants, animals and other organisms) and its non-living elements interact as a single functional whole and are interconnected by metabolism and energy."

Scientists stand out different kinds ecosystems: small associations of organisms (synusia) with the corresponding biotope (for example, a rotting stump community in a forest), meso-ecosystems (meadow, swamp, etc.) and macro-ecosystems (ocean, continent, etc.). The global ecosystem is the biosphere. Its specificity is determined by its dual nature: on the one hand, it is the environment of life, and on the other hand, it is the result of vital activity in which the circulation of substances is maintained.

The ecological system is a multidimensional concept. It applies to both natural ecosystems (forest, river) and artificial ones (indoor swimming pool). Along with the concept of "ecosystem" are widely used and other terms. Thus, groups of individuals are called populations(from lat. populus- people, population), but collectively inhabiting populations of various living organisms that form certain historically established communities, - biocenosis(from Greek. bios- life and koinos- general).

Biocenosis is an integral element of the natural landscape - a certain territory with its own specific features, where many different biocenoses are located.

Along with natural ecosystems, there are ecological systems that arise as a result of human anthropogenic impact (transformed, as well as modified, changed in the process transformative activities society).

As you know, ecological systems are inextricably linked with factors of inanimate nature (soil, humidity, light, temperature). The foundation of connections between populations in an ecosystem is the nature of the nutrition of individuals and the ways in which they obtain energy. All organisms are divided into two groups depending on the ways of nutrition. The first includes those that are used for the synthesis of organic substances inorganic compounds environment. These are mainly plants. The second group includes organisms (animals, humans, bacteria, etc.) that feed on ready-made organic matter synthesized by plants.

In each ecosystem, as a result of the vital activity of organisms, the processes of transforming inanimate nature into living nature and vice versa are carried out, closing in the cycle of substances, which is a necessary condition for the existence of life on Earth.

To characterize ecosystems and the processes occurring in them, it is necessary to know about species diversity, population density and biomass - total organic substances, the totality of individuals and the energy contained in them.

Any ecosystem develops and evolves. Having studied the intraorganizational processes in ecosystems, having defined the ecosystem as a dynamic, developing and evolving structure, having found out the main characteristics of the ecosystem, we naturally come to the conclusion about the ecological systemic nature in the organization of any life, about its connection with inanimate nature and space.

The Earth is a huge and complex ecosystem. The processes taking place in it are connected with space. Cosmic factors influence the physiological and neurophysical processes occurring in a person. In 1915, the Russian scientist A.L. Chizhevsky managed to draw quite definite conclusions about close relationship the human body with the environment, and above all with the processes occurring on the Sun.

Regularities of energy-information exchange associated with the triad "man - nature - society", the connection of human biorhythms with natural energy georhythms are being intensively studied. Of great interest is the study of the relationship "Sun - climate - biosphere". The climatic regime of large regions of the Earth is changing not only as a result of “purely terrestrial” processes: the rise and fall earth's crust, direction changes sea currents, volcanic eruptions, etc., but also as a result of processes occurring on the Sun. Scientists' data clearly indicate the existence of an 11-year cycle solar activity(which corresponds to changes in the climate regime), as well as a longer (secular) period of 80-90 years.

It is also well known that from the phases of the moon, the movements of the planets, solar radiation all meteorological phenomena and processes on the earth's surface, as well as in the hydrosphere and atmosphere, and psychophysiological in man depend.

An analysis of an ecosystem as a multidimensional and multilateral concept, interconnected with all spheres of human activity, to a greater or lesser extent allows us to determine its essential properties that are important in terms of legal regulation. There are also many legislative acts that directly or indirectly relate to the functioning of ecosystems. For example, the federal law dated April 24, 1995 No. 52-FZ "On the Fauna" defines animal world like being integral part natural environment, an integral link in the chain of ecological systems, a necessary component in the process of the circulation of substances and energy of nature, actively influencing the functioning of natural communities, the structure and natural fertility of soils, the formation of vegetation cover, biological properties water and environmental quality in general.

Summing up the issue of legal regulation of ecosystems, it should certainly be noted that there is no separate legal act regulating the general principles of protection and use of ecosystems, which is due to their diversity, different territorial sphere of existence and natural features of each of them.

Closure, independent functioning of the ecological system. We can say that, for example, a drop of water, a sea, a forest or a stump in the forest are ecosystems. Since each of these objects has its own stable system of organisms (ciliates in a drop, fish in the sea, etc.), they are connected with other ecosystems, there are numerous connections within each of these ecosystems.

Any, even indirect, intervention in the ecosystem has an impact on it. This thesis defines not one, but a whole layer of environmental problems of indirect influence, i.e. such forms of influence that affect the environment independently of our will and desire. For example, international transport links are expanding, and with the growth of their volumes, in particular, the importation of plant and animal species to places where they have never existed before increases. Another example. We are changing the landscape. There was a steppe, it was plowed up and sown with wheat. The structure changed dramatically: instead of many crops growing in the steppe, one began to grow. This immediately affected the life of the indigenous inhabitants of the steppe. Those who are not connected with cereals are forced to retreat and even fall into the Red Book, i.e. Man destroyed these animals not directly, but through a change in the environment of their existence. The presence of such a layer of environmental problems associated with natural human activity requires precisely to understand the mechanisms that maintain the integrity and functional stability of ecosystems. Understand and take control. And here the question inevitably arises, which all ecologists consider the most important: to artificially form sustainable, productive ecosystems that people need, i.e. to take care of the creation of the environment, to improve it. The closure of ecological systems obliges all citizens and organizations to take into account the environmental consequences of their actions, even if they seem to be not related to the impact on nature.

The relationship of ecological systems, which leads to the creation of natural complexes. So, lands, forests, waters and other natural objects are connected by atmospheric air, which contributes to the implementation of the functions of natural objects and itself changes in the process of such functioning. Representatives of the fauna saturate it carbon dioxide, it comes out of the forests enriched with oxygen.

When using natural objects, an integrated approach is required, which in the practice of environmental management is called landscape. For example, when allocating land for arable land or carrying out land reclamation, it is necessary to take into account the migration routes of representatives of the wild fauna, try to preserve the habitats of rare animal species, leave individual bushes, swamps, copses intact, i.e. do not disturb the existing landscape in the area.

The landscape approach in the use of natural objects makes it possible to ensure a general ecological priority in nature management, according to which all types of use of natural objects must be subject to the requirements of the ecological well-being of the natural environment.

The concept of landscape was defined by L. S. Berg back in the 1940s. as a kind of natural organism, in which the parts determine the whole, and the whole affects the parts, and if we change any part of the landscape, the whole landscape will change 1 . Landscape is officially defined as territorial system, consisting of interacting natural or anthropogenic components and complexes of a lower taxonomic rank.

The landscape approach in the use of natural objects involves constant care of the landscape, including a system of regular activities aimed at maintaining its properties (land reclamation, forest restoration, etc.) in a state in which the functions assigned to it are successfully performed. For example, it has been proven that it is economically more profitable to build a farming system based on the landscape-geographical principle, and not on the principles of economic feasibility, transport accessibility, and the availability of sales markets. It is reasonable to combine these principles, create infrastructures that meet scientific requirements (specific recommendations for possible loads by region, determination of parameters to which one can interfere in a carefully tuned natural system by evolution).

Such a holistic approach to nature management is not consistent with natural resource legal regulation, since natural resource branches of law have a narrowly targeted regulation direction dictated by the characteristics of regulated objects (for example, the Water Code Russian Federation regulates public relations relating to water bodies located within the territory of Russia, i.e. state water fund in isolation from other natural objects, not taking into account their interconnection and interdependence that exists in real nature). With such a position in the legal regulation, the use of some objects, as a rule, causes exorbitant harm to other objects.

Of course, there can be no complete preservation of natural resources in the course of economic activity. We are talking about the inadmissibility of the impoverishment of nature in a given area, the violation of its diversity, since the more diverse the ecological system, the more stable it is, and vice versa. For example, arable land becomes ecologically unstable, as natural forbs are replaced by monoculture (systems are usually pampered, genetically much aligned, have a smaller amplitude of ecological adaptability, and therefore need constant human help), specific plant species (weeds) are destroyed, like food chains(plant pests). So agrocenosis(biogeocenoses heavily modified by man), of course, must be combined with a biocenosis (natural, untransformed), i.e. violations of the interconnections of ecological systems should not be allowed.

Bioproductivity contributes to the self-reproduction of the ecosystem, the performance of one or another of its functions, which also determines the different legal status of lands. Thus, lands of increased fertility should be allocated primarily for the needs of agriculture, and unproductive lands - for other purposes. This kind of land differentiation depending on the purpose of their use is quite naturally due to their bioproductive function, economic and environmental aspects.

Ecosystem self-reproduction- this is its ability to self-regulation (preservation and increase), self-rebirth, each organism is the embodiment of this. Suffice it to say that in the initial period of the development of Russian industry, when there was an insignificant emission of pollutants into the atmosphere, discharge of wastewater into water bodies, etc., the process of self-regulation was carried out until these pollution and discharges in large quantities led to irreversible changes in ecosystems.

In the context of the analysis of these properties of ecosystems, it seems logical to consider the related issue of the non-waste of ecological systems. In ecosystems from elementary biogeocenosis to global biosphere there are biogeochemical exchanges - cycles of substances - relatively closed, but only relatively. The vast ecosystems of land and ocean are the most independent. But even between them, the exchange still goes on due to the demolition solids, and due to the interchange of gases, moisture, nutrients, and in the zone of contacts between land and ocean, boundary ecosystems such as mangroves develop. For example, many species of fish go to spawn from the seas to the rivers, while others, like the eel, move from the rivers to the sea for this. Where is the closure of the cycles? But it is precisely with the “circulation of substances in nature” that the wastelessness of ecological systems is associated. They say that in nature everything is recycled. No, not all. With complete utilization, soils would not be formed, peat would not be deposited. In tropical forests, where the cycle of substances is most perfect, there are practically no soils. And in the chernozem steppes there is an almost two-meter layer, and underneath it is not just a mineral layer, but a product of former ecosystems. If the biosphere were "wasteless", then where would all the biogenic sedimentary rocks- chalk, limestone, marble, etc.? Coal, oil, slates - all this is also a "waste" of past biospheres. The secret of nature is not that it is wasteless, but that the inevitable wastes are so buried and in such a form that they do not harmful effects on nature at the future stages of its development. Unless, of course, a person intervenes.

Thus, any ecosystem is characterized by at least three features: isolation, relationship with other ecosystems and with the planetary ecosystem and bioproductivity, i.e. self-reproduction.

These features make it possible to define the concept of an ecological system (acting as an object of legal regulation) as natural sphere an environment that has a closed system of interconnections of its constituent components, which gives it stability, is interconnected with other sustainable ecosystems and has a certain biological productivity.

In the sphere of production, in which the consumption of natural objects by society, environmental laws apply. Their concentrated expression is interest. However, the public interest is selective, not ecological systems as a whole, but only individual elements of these systems are subject to legal regulation:

a) natural objects (land, subsoil, forests, water, atmospheric air, wild fauna, etc.);
b) natural complexes, resort areas, landscapes special purpose(reserves, national natural parks, sanctuaries, natural monuments, etc.);
c) natural properties of natural objects (hydrological regime of waters, soil moisture regime, beneficial properties of the vital activity of wild fauna, etc.);
d) natural processes (fish spawning period, animal migration period, etc.).

See: World Charter of Nature, adopted on 10/28/1982 at the 37th session of the UN General Assembly // Public International Law: Sat. documents: in 2 vols. T. 2. M., 1996.S. 132-135.
Cm.: Ecological dictionary. M., 1993. S. 98.
See: Berg L.S. Geographical zones Soviet Union. M., 1947. S. 6.
See: GOST 17.8.1.01-86 Nature Protection. Landscapes. Terms and definitions”: approved and put into effect by the Decree of the State Standard of the USSR dated 12/19/1986 No. 4182.

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B.V. Erofeev

ECOLOGICAL SYSTEM

AS AN OBJECT OF LEGAL REGULATION

1. Life on our planet exists in a variety of forms and at different levels. All forms and manifestations of life do not exist on their own, they are connected by complex relationships with the biosphere. These connections and relationships in living nature carry out the circulation of substances, prolonging life and not allowing it to be interrupted. The relationships in the biosphere, which consists of many ecosystems, are very complex and diverse and therefore affect all spheres of social life, which gives us reason to assert that ecology has gone beyond the limits of biological science and has become a complex science that includes all aspects of human life and activity.

A special role in the system of relationships "man - society - nature" is assigned to law, which should not be limited at the domestic level, but should have a comprehensive, planetary regulation. Environmental law should formulate the principles and goals of the further development of mankind in the field of environmental management and environmental protection.

As is well known, man is a part of nature, and his life depends on the continuous functioning of natural systems.

The long-term benefits that can be derived from nature depend on the conservation of ecological processes and systems essential to the maintenance of life, as well as on diversity organic forms endangered by humans through overexploitation and destruction of their habitats.

A person must acquire the knowledge necessary to maintain and expand

its ability to use natural resources while conserving species and ecosystems for the benefit of present and future generations.

Human life depends on the continuous functioning of natural ecosystems, which are a constant source of energy and nutrients. The natural ecosystems used by man, as well as the resources of land, sea and atmosphere, must be regulated in such a way that the balance in individual ecosystems is not disturbed.

The ecosystems and organisms used by humans, as well as land, sea and atmospheric resources, must be managed so that their optimal and constant productivity can be ensured and maintained without compromising the integrity of the ecosystems or species with which they coexist. An activity fraught with an increased danger to nature must be preceded by a deep analysis, and the persons carrying out such activities must prove that the expected benefits from it are significantly greater than the damage that can be caused to nature, and in cases where the possible detrimental effect Since such activities are not clearly defined, they should not be undertaken.

So, turning to a direct analysis of ecosystems, to legal issues related to their functioning, it is necessary to determine their place. The biosphere is an integral system that consists of subsystems.

1 World Charter for Nature, adopted on October 28, 1982 at the 37th session of the UN General Assembly // Sat. documents. M., 1996. T. 2. S. 134.

Ecosystems consist of biogecenoses (“bios” - life, “ge” - Earth, “koinos” - together). However, each system is independent; subsystems in it are populations that consist of individual organisms. But each organism is also a separate biological system.

2. The concept of "ecological system" ("ecosystem") was absent in the current legislation of the Russian Federation, and in legal science and literature. This state of affairs is dominant in world practice. In the new Federal Law of the Russian Federation "On Environmental Protection" in Art. 1 for the first time an attempt was made to define a natural ecological system - an objectively existing part of the natural environment, which has spatial and territorial boundaries, and in which living (plants, animals and other organisms) and its non-living elements interact as a single functional whole and are interconnected by metabolism and energy.

All scientists distinguish microorganisms: small associations of organisms with the corresponding biotope and macroecosystems. The global ecosystem is the biosphere1. Its specificity is determined by its dual nature, i.e., on the one hand, it is the environment of life, and on the other hand, it is the result of life activity, in which the circulation of substances associated with the activities of these creatures is maintained. This is exactly what is not on other planets.

The ecological system is a multidimensional concept. It applies to both natural and artificial ecosystems, where the processes of metabolism and energy under the influence of human anthropogenic activity occur many times faster than in natural ecosystems. Along with the concept of an ecosystem, other terms are also widely used. So, groups of individuals are called populations (from the Latin word "populus" - people, population), and collectively living populations of various living organisms that form a historical

1 Ecological dictionary. M., 1993. S. 98.

logically established certain communities - biocenosis (from Greek word"bios" - life and "cenosis" - general).

As you know, ecological systems are inextricably linked with factors of inanimate nature (soil, humidity, light, temperature, etc.), and there is an exchange of substances between the components of the ecosystem. The foundation of connections between populations in an ecosystem is the nature of the nutrition of individuals and the ways in which they obtain energy.

All organisms are divided into two groups depending on the ways of nutrition. The first includes those that use inorganic compounds of the environment for the synthesis of organic substances. These are mainly plants. The second group includes organisms (animals, humans, bacteria, etc.) that feed on ready-made organic substances synthesized by plants.

Any system develops and evolves. Having studied the intraorganizational processes in ecosystems, having defined the ecosystem as a dynamic, developing and evolving structure, having found out the main characteristics of the ecosystem, we naturally come to the conclusion about the ecological systemic nature in the organization of any life, about its connection with inanimate nature and the Cosmos.

The Earth is a huge and complex ecosystem. The processes taking place in it are connected with the Cosmos. Today, no one doubts the assertion that cosmic factors influence the physiological and neurophysical processes occurring in a person. good example scientific elaboration and duration of study similar phenomena is the fact that back in 1915 the Russian scientist A.L. Chizhevsky. Exactly

he managed to draw quite definite conclusions about the close relationship of the human body with the environment and, above all, with the processes occurring on the Sun. Research in this area indicates that man has not completely lost his ties with nature and the universe. Regularities of energy-information exchange associated with the triad "man - nature - society", the connection of human biorhythms with natural energy georhythms are being intensively studied. Of great interest is the study of the relationship "Sun - climate - biosphere". The climatic regime of large regions of the Earth changes as a result of not only “purely terrestrial” processes, but also processes occurring on the Sun.

It is well known that all meteorological phenomena and processes on the earth's surface, as well as in the hydrosphere and atmosphere, depend on the phases of the moon, the movement of the planets, and solar radiation. There are cyclic changes in the intensity of various physical, electromagnetic, radiation, gravitational and other fields, which affects the geological, hydrological, atmospheric processes occurring on the Earth, and psychophysiological in man.

An analysis of an ecosystem as a multidimensional and multilateral concept, interconnected with all spheres of human activity, allows us to determine its essential properties that are important in terms of legal regulation. To improve this regulation, Decree of the President of the Russian Federation of December 16, 1993 No. 2144 “On Federal Natural Resources” should have been of great importance. However, it does not create a certain system and interconnectedness for the subsequent legal regulation of this issue, does not provide for any guarantees that would increase the efficiency of the use of natural resources classified in this category. And such guarantees are necessary, because if the state or economic interest in natural object is not explicit, and there are no guarantees, then it should be

talk about the formality and declarativeness of any legal regulation. In connection with the foregoing, this Decree is not a backbone fundamental normative legal act in the legal regulation of the life of ecosystems. However, there are many legislative acts that directly or indirectly relate to the functioning of ecosystems. For example, the Federal Law "On the Animal World", adopted State Duma RF on April 24, 1995, which defines the animal world as being an integral part of the natural environment, as an integral link in the chain of ecological systems, a necessary component in the process of the circulation of substances and energy of nature, the biological properties of water and the quality of the environment as a whole.

The main regulator is the Federal Law of the Russian Federation "On production and consumption waste", which establishes legal framework management of production and consumption waste in order to prevent the harmful effects of production and consumption waste on human health and the environment, as well as the involvement of such waste in economic circulation.

All users of natural resources are obliged to clean, use, neutralize, dispose of or dispose of production waste. Cross-border transportation of waste is divided into external (international) and internal (on the territory of the Russian Federation). According to the legislation of the Russian Federation, waste is an object of property rights that belongs to the owner of raw materials, materials, semi-finished products, and other products or products, as well as goods (products) as a result of the use of which they were formed. Individual entrepreneurs and legal entities based on guidelines. The main requirements for them in the operation of enterprises, buildings, structures, structures and other facilities related to waste management:

- licensing of hazardous waste management activities in accordance with the Regulations on Licensing Activities for the Neutralization and Disposal of Waste I-IV Hazard Classes;
- introduction of low-waste technologies;
- Accounting for generated, used, decontaminated, transferred to other persons or received from other persons, as well as disposed waste, conducting an inventory of waste and their disposal facilities;
- carrying out monitoring of the state of the environment in the territories of waste disposal facilities;
- provision in in due course necessary information;
- compliance with the requirements for preventing accidents related to waste management and taking urgent measures for liquidation.

When placing waste, the following measures are applied to ensure the safety of the population and the environment: permission for waste disposal; the procedure for collecting waste in the territories of urban and other settlements provides for their division into types; rationing; the state waste cadastre takes into account the federal classification catalog of waste; economic regulation(stimulation), i.e. payment for waste disposal.

Legal measures for the management of radioactive waste are also being developed. To solve the problem of lowering the level radiation hazard The Government of the Russian Federation adopted Decree No. 1298 of October 11, 1997 “On Approval of the Rules for Organizing the System of State Accounting and Control of Radioactive Waste” (as amended on April 22, 2009) and Federal programs"Management of radioactive waste and spent nuclear materials, their disposal and disposal for 1996-2005", "Processing and disposal of metallic radioactive waste", "Waste". The activities in the field of waste management are subject to state, industrial and public control.

For violation of legislation in the field of waste disposal, administrative liability (Article 8.19 of the Code of Administrative Offenses of the Russian Federation) and criminal liability (Article 247 of the Criminal Code of the Russian Federation) is provided.

Within the buffer zone of the natural monument "Semiozersky forest" located on the territory of Tatarstan, a number of land allotments were made for summer cottage construction and gardens.

Representatives of public environmental organizations of Tatarstan, concerned future fate of this unique natural complex, appealed to the Republican Prosecutor's Office, as well as to the Prosecutor General's Office of the Russian Federation with a request to verify the legality of such land allotments.

How are protected areas of natural monuments established?

What kind of restrictions are established within the territories allocated for protected zones of natural monuments?

1. Monuments of nature - unique, irreplaceable, valuable in ecological, scientific, cultural and aesthetic terms, natural complexes, as well as objects of natural and artificial origin.

Natural objects and complexes are declared natural monuments federal significance, and the territories occupied by them - specially protected natural territories of federal significance by the Government of the Russian Federation on the proposal of the authorities state power subjects of the Russian Federation.

The main purpose of declaring natural complexes and objects as natural monuments is to preserve them in their natural state.

Natural objects and complexes are declared natural monuments regional significance, and the territories occupied by them - specially protected natural territories of regional significance, by the relevant state authorities of the constituent entities of the Russian Federation.

The state authorities of the Russian Federation and the state authorities of the constituent entities of the Russian Federation approve the boundaries and determine the regime for the special protection of the territories of natural monuments under their jurisdiction. The transfer of natural monuments and their territories under the protection of the persons in whose jurisdiction they are transferred, the execution of a security obligation, passports and other documents is carried out by a specially authorized government agency Russian Federation in the field of environmental protection. Changes in the boundaries and regime of special protection of territories of natural monuments are carried out in the same manner as their initial establishment.

2. In accordance with paragraph 1 of Article 27 of the Federal Law "On Specially Protected Natural Territories", in the territories where natural monuments are located, and within the boundaries of their protected zones, any activity that entails a violation of the conservation of natural monuments is prohibited. The use of monuments is allowed only for the following purposes:
1) Scientific (monitoring of the state of the natural environment, the study of natural ecosystems and their components);
2) Environmental and educational (conducting educational and educational excursions, making videos, photographing for the purpose of printing products);
3) Recreational (transit walks);
4) Conservation (preservation of the gene pool of species of living organisms, provision of living conditions for rare and endangered species of plants and animals);

Permissible uses of each natural monument are established depending on its nature and condition and are indicated in the passport of the natural monument. The regime of special protection of a natural monument for acceptable species its use may be subject to seasonal or other restrictions.

So, we can say that in accordance with clause 3, article 95 of the Land Code of the Russian Federation, activities that are not related to the conservation and study of natural complexes and objects are prohibited on the lands of natural monuments. Within the boundaries of the lands of specially protected natural areas, a change in the intended purpose of plots or the termination of rights to land for needs that contradict their intended purpose is not allowed.

According to paragraph 7 of Article 95 of the Land Code of the Russian Federation, on the lands of specially protected natural areas, it is prohibited to present horticultural and summer cottages. security nature waste safety

Consequently, the Prosecutor General's Office of the Russian Federation will issue a ruling satisfying the plaintiff's claims to verify the legality of such land allotments and subsequently a decision on the fact of the illegality of the above land allotments.

Task #2

The city prosecutor filed a lawsuit in the arbitration court to recover from the mineral fertilizer plant the amount of damage caused by air and water pollution as a result of the release of harmful substances into the atmosphere without the appropriate permission of the environmental authorities.

The Arbitration Court granted the prosecutor's claim.

Analyze the prosecutor's claim and the decision of the arbitration court from the point of view of the current legislation.

Answer: Compensation for damage to the environment caused by violation of environmental legislation is carried out voluntarily or by decision of a court or arbitration court. Determination of the amount of damage to the environment caused by violation of the legislation in the field of environmental protection is carried out on the basis of the actual costs of restoring the disturbed state of the environment, taking into account the losses incurred, including lost profits, as well as in accordance with the projects of reclamation and other restoration works, in their absence, in accordance with the rates and methods for calculating the amount of damage to the environment, approved by the executive authorities that carry out public administration in the field of environmental protection. In accordance with Article 77 of the Federal Law “On Environmental Protection”, legal entities and individuals who have caused harm to the environment as a result of its pollution, depletion, damage, destruction, irrational use natural resources, degradation and destruction of natural ecological systems, natural complexes and natural landscapes and other violations of legislation in the field of environmental protection, are obliged to compensate it in full in accordance with the law.

Persons guilty of violating the legislation of the Russian Federation in the field of atmospheric air protection bear criminal, administrative and other liability in accordance with the legislation of the Russian Federation (Article 31). Harm caused to health, property of citizens, property of legal entities and the environment by air pollution is subject to compensation in full and in accordance with duly approved rates and methods for calculating the amount of harm, in their absence, in full and in accordance with actual costs to restore the health, property of citizens and the environment at the expense of individuals and legal entities guilty of air pollution (Article 32).

Emission of harmful (polluting) substances into the atmospheric air stationary source allowed on the basis of a permit issued by the territorial body of the federal executive body in the field of environmental protection, executive bodies of the constituent entities of the Russian Federation exercising state administration in the field of environmental protection, in the manner determined by the Government of the Russian Federation.

The permit for the emission of harmful (polluting) substances into the atmospheric air establishes maximum permissible emissions and other conditions that ensure the protection of atmospheric air.

For the issuance of permits for emissions of harmful (polluting) substances into the atmospheric air and harmful physical effects on the atmospheric air, a state fee is paid in the amount and in the manner established by the legislation of the Russian Federation on taxes and fees.

In the absence of permits for emissions of harmful (polluting) substances into the atmospheric air and harmful physical effects on the atmospheric air, as well as in case of violation of the conditions provided for by these permits, emissions of harmful (polluting) substances into the atmospheric air and harmful physical effects on it may be limited, suspended or terminated in the manner prescribed by the legislation of the Russian Federation.

List of sources used

1. "The Constitution of the Russian Federation" (adopted by popular vote on December 12, 1993) (subject to amendments made by the Laws of the Russian Federation on amendments to the Constitution of the Russian Federation of December 30, 2008 N 6-FKZ, of December 30, 2008 N 7-FKZ , dated February 5, 2014 N 2-FKZ, dated July 21, 2014 N 11-FKZ) // Collection of Legislation of the Russian Federation, August 4, 2014, N 31, art. 4398.
2. "Land Code of the Russian Federation" of October 25, 2001 N 136-FZ (as amended on July 21, 2014) // "Parliamentskaya Gazeta", N 204-205, October 30, 2001.
3. Federal Law of March 14, 1995 No. 33-FZ (as amended on March 12, 2014, as amended on June 23, 2014) “On Specially Protected Natural Territories” // Rossiyskaya Gazeta, No. 57, March 22 1995.
4. Federal Law of June 24, 1998 N 89-FZ (as amended on December 29, 2000) “On Production and Consumption Waste” // Rossiyskaya Gazeta, No. 121, June 30, 1998.
5. Federal Law of May 4, 1999 No. 96-FZ (as amended on July 23, 2013) “On the Protection of Atmospheric Air” // Rossiyskaya Gazeta, No. 91, May 13, 1999.
6. Federal Law of January 10, 2002 N 7-FZ (as amended on March 12, 2014) "On Environmental Protection" // "Rossiyskaya Gazeta", N 6, January 12, 2002.
7. Decree of the Government of the Russian Federation of October 11, 1997 N 1298 (as amended on November 19, 2012) "On approval of the Rules for the organization of the state accounting and control system radioactive substances and radioactive waste" // "Rossiyskaya Gazeta", N 211, November 30, 1997.
8. Decree of the Government of the Russian Federation of March 28, 2012 N 255 (as amended on February 5, 2013, amended on March 24, 2014) "On licensing activities for the neutralization and disposal of waste of I - IV hazard classes" (together with the "Regulation on licensing activities for the neutralization and disposal of waste of I - IV hazard classes") // Collection of Legislation of the Russian Federation, April 9, 2012, N 15, art. 1781.
9. Erofeev B.V. Environmental law. - M., 2008. - p. 289.