State environmental monitoring of individual components of the natural environment and sources of anthropogenic impact is carried out within the framework of the relevant functional subsystem of environmental monitoring. The organization of monitoring within the framework of the functional subsystem is assigned to the relevant federal departments authorized by the Government of Russia. In table. 9 shows the objects of monitoring and state authorized bodies.
Table 9
Directions of State environmental monitoring and functional subsystems
| Monitoring objects | Authorized state body |
| Pollution of the atmosphere, surface waters of land, marine environment, soils, radiation and complex background | n Federal Service for Hydrometeorology and Monitoring environment |
| Condition and use of land, fertility of agricultural land | n federal agency By agriculture |
| Geological environment: minerals, geological processes, subsoil use facilities, groundwater | n Federal Service for Supervision of Natural Resources |
| The aquatic environment of water management systems in places of water intake and wastewater discharge | federal agency water resources |
| Forests and flora on the lands of the forest fund | Federal Forestry Agency |
| Fauna and flora of land (except for forests) | Federal Service for Veterinary and Phytosanitary Supervision |
| Specially protected natural areas | Federal Service for Supervision of Natural Resources |
| n Sources of environmental pollution and areas of their direct impact | Federal Service for Supervision of Natural Resources Federal Service for Consumer Rights Protection and Human Welfare |
| Potential sources of environmental accidents and disasters. Radiation hazardous objects | Federal Service for Ecological, Technological and Nuclear Supervision |
| Habitat factors and public health | Federal Service for Consumer Rights Protection and Human Welfare |
Functional subsystems for monitoring the state of atmospheric air, pollution of soils, surface waters of land and the marine environment are combined into State Service for Monitoring Environmental Pollution (GSN). The service has been operating in Russia for more than 25 years, its organizational basis is the monitoring system Federal Service on hydrometeorology and environmental monitoring. Generalized monitoring data are published in the annual State report on the state of the environment and the impact of environmental factors on the health of the Russian population.
The role of a comprehensive analysis of the natural environment is especially important in organizing the management of the natural environment. It is possible to minimize certain impacts on nature, taking into account environmental and economic considerations.
Environmental monitoring is carried out within the powers of environmental authorities for state environmental control: in accordance with the Law of the Russian Federation “On Environmental Protection”, the environmental control system consists of a state service for monitoring the state of the environment, state, industrial and public control.
Environmental control is a system of measures to prevent, detect and suppress violations of legislation in the field of environmental protection. The following types are carried out in Russia environmental control:
· state;
· industrial;
· public.
State environmental control carried out by authorities, as well as specially authorized state bodies of the Russian Federation in the field of environmental protection and sanitary and epidemiological surveillance.
The combination of state control functions in the field of environmental protection and management functions in the field of economic use of natural resources is prohibited by law.
Any organizations and enterprises, regardless of the form of ownership, can be subjected to state environmental control through inspections. Control is carried out by state inspectors in the field of environmental protection. They have broad rights from issuing instructions to legal entities to eliminate environmental offenses to suspending the activities of enterprises in case of violation of environmental legislation.
Industrial environmental control carried out by the environmental protection service at the enterprise. Directly controlling functions are performed by accredited and licensed laboratories.
IN public environmental control citizens (in accordance with the legislation of the Russian Federation), public and non-profit organizations (in accordance with their charters) participate.
Send your good work in the knowledge base is simple. Use the form below
Students, graduate students, young scientists who use the knowledge base in their studies and work will be very grateful to you.
Hosted at http://www.allbest.ru/
Environmental control is one of the important links in the organizational and legal mechanism for the protection of the environment, provided for by Section XI of the Federal Law of 10.01.02 No. 7-FZ "On the protection of the environment." Its purpose is to check:
* fulfillment of the requirements of environmental legislation;
* Compliance and normative documents in the field of environmental protection and environmental safety.
The fulfillment of these tasks is entrusted to the environmental control system, which consists of state, industrial, municipal and public control.
The function of environmental control is simultaneously carried out with other legal measures for regulating the impact on the environment, namely, with standardization, examination, licensing and certification.
Through environmental control, users of natural resources (subjects of environmental law) are forced to comply with environmental requirements.
Environmental control as a legal measure performs a number of functions - preventive, informational and punitive.
State environmental control. This control is carried out on behalf of the state, and not any department that has its own interests, which gives independent and more objective results. This is the most influential type of control, in particular, because, in order to carry out its functions, it can resort to the support law enforcement prosecutors and courts. In addition, in the process of such control, state inspectors can use the following effective measures:
Submit demands and issue instructions to legal entities and individuals to eliminate identified violations;
Suspend economic and other activities of violators;
Bring violators to administrative responsibility (warning or fine).
State environmental control is carried out by federal executive authorities and executive authorities of the subjects Russian Federation.
State inspectors in the field of environmental protection (officials of state power exercising state environmental control) in the exercise of official duties within their powers have the right to:
Visit facilities in order to check the organization, regardless of ownership, including facilities subject to state protection and defense facilities;
Get acquainted with documents and other materials necessary for the performance of official duties;
Check compliance with regulations state standards and other regulatory documents in the field of environmental protection, implementation of environmental plans and measures;
check work treatment facilities and other neutralizing devices, as well as means of their control;
Bring the perpetrators to administrative responsibility.
Industrial environmental control. Production control is carried out by the nature user enterprise itself at its facilities in order to ensure compliance with the requirements of environmental legislation in the process of economic and other activities and compliance with established standards in the field of environmental protection, as well as self-examination of the rationality of nature management at its facilities and the implementation of plans and measures to limit and reduce the impact on OS. The content of such control primarily depends on the specifics of the enterprise.
Conduct industrial environmental control in accordance with the requirements of Art. 64 and 71 of the Federal Law of January 10, 2002 No. 7-FZ “On the Protection of the Environment”, the environmental service is obliged, which, in accordance with Art. 25 of the Federal Law of 04.05.99 No. 96 FZ "On the Protection of Atmospheric Air" must be organized by the relevant legal entity. Information about the organization of industrial environmental control of the enterprise must be submitted to the executive authorities and local governments.
Since a number of types of environmental activities require a special permit to ensure the required level of work quality (for example, for instrumental measurements), enterprises (primarily small ones) perform part of the production control by attracting specialized organizations. However, underestimating the importance of environmental protection and seeking to reduce costs, enterprises often save on the maintenance of their own environmental service and reduce production control to the minimum volume performed by contractors, which reduces the effectiveness of the most effective type of environmental control. Nevertheless, under the law, responsibility for all untimely detected violations lies with the head of the enterprise, the person responsible for environmental activities, and the heads of the relevant structural divisions.
Municipal environmental control. This control is carried out on the territory of the municipality by local governments or organizations authorized by them. This is a new type of environmental control, which appeared in accordance with paragraphs. 1, 2 art. 68 of the Federal Law of 10.01.02 No. 7-FZ "On the protection of the environment".
Public environmental control. In accordance with paragraphs. 3, 4 art. 68 of the Federal Law of 10.01.02 No. 7-FZ "On the protection of the environment". This control is carried out by public and other non-profit associations in accordance with their charters, as well as by citizens. Its task is to verify compliance with the requirements of environmental legislation both by all legal entities from the ministry to an enterprise, institution or organization, regardless of their form of ownership and subordination, and by all officials and citizens.
Public control functions are implemented, in particular, with the participation of public associations in assessing the impact of the proposed activity on the environment (as part of the EIA). Public control is also exercised over the adoption of environmentally significant decisions within the framework of public environmental expertise. An important form of public environmental control of the activities of enterprises and state bodies is the right of citizens and public associations to request information on the state of the environment and the measures taken to protect it, as well as the right of citizens to present in court claims for damages to the environment.
Nevertheless, the concept of public environmental control has not yet been fully implemented. In its development, since 2002, our country has introduced a legislative requirement for environmental control in the field of environmental protection at the municipal level.
Monitoring. Monitoring (from Latin monitor - reminiscent, supervising) is a system of regular comprehensive long-term observations of the state of the environment, its pollution, occurring natural phenomena, as well as assessment and forecast of subsequent changes (Fig. 1). One of the main principles of monitoring is the continuity of tracking. Ecomonitoring is the initial stage of the system for ensuring environmental safety.
The world community came to realize the need to coordinate efforts to collect, store and process data on the state of the OS in the late 60s of the XX century. on the eve of the Stockholm conference, where for the first time they agreed on the definition of the concept of "monitoring".
Monitoring of the state of the environment in our country is carried out in accordance with the Decree of the Government of the Russian Federation.
Rice. 1. Scheme for monitoring the state of the natural environment (according to V.V. Petrov).
“On the Creation of the Unified State System of Environmental Monitoring” dated November 24, 1993, and sanitary and hygienic monitoring is carried out by the State Sanitary and Epidemiological Surveillance on the basis of the Decree of the Government of the Russian Federation dated October 06, 1994 No.
There are three levels of territorial coverage of modern monitoring:
* local (bioecological, sanitary and hygienic);
* regional (geosystem, natural and economic);
* global (biospheric, background), which includes observations of the state of the OS from space - space monitoring.
In the main structural elements of the environment, constant monitoring is carried out for the presence of the following most dangerous pollutants for natural ecosystems and humans:
* in the atmospheric air - oxides of carbon, nitrogen, sulfur, suspended solids (aerosols), hydrocarbons, radionuclides, benzo(a)pyrene;
* in surface waters - oil products, phenols, phosphorus and nitrogen compounds, heavy metals, pesticides, mineral salts, as well as a complex pH indicator;
* in biota - heavy metals, radionuclides, pesticides.
The impact of harmful physical factors such as radiation, noise, electromagnetic fields and radiation. First of all, the zones of influence of the corresponding large sources are controlled, namely, nuclear power plants, airports, large industrial and transport centers, power plants and power lines, television and radio centers and repeaters.
Currently, within the framework of the activities of the World Meteorological Organization, a global network of background monitoring stations has been created, which monitors certain parameters of the state of the OS. The work is carried out under the auspices of the United Nations Environment Program and coordinated by UNESCO. Observations cover all types of ecosystems.
In Russia, integrated background monitoring stations are located in six biosphere reserves; they are part of the global international observation network. The main directions for studying global monitoring in our country are the study of:
* global changes (due to pollution), which are manifested everywhere, for example, climate change;
* effects associated with the spread of pollution over long distances, including transboundary transport, for example, acidification of soils under the influence of emissions of sulfur compounds into the atmosphere;
* the results of anthropogenic impacts, which are characterized by a large inertia of the effect, for example, the effect of the accumulation of organochlorine pesticides.
There are two components of monitoring - abiotic (geophysical) and biotic. Biotic monitoring (observation of the biota of ecosystems) uses bioindication as one of the methods - the determination of biologically significant loads by the reaction of living organisms and their communities to them. As an indicator, the species that has a narrow amplitude of ecological tolerance in relation to any environmental factor is selected. Mostly these are plants, because they are not capable of active movement.
OS monitoring is an independent passive (not pursuing the goal of coercion) function government controlled. In the 90s of the XX century. monitoring and environmental control were partly mixed. The Law of the RSFSR dated December 19, 1991 No. 2060-1 “On Environmental Protection” contained Art. 69 about public service monitoring of the state of the natural environment in section X "Environmental control"). Federal Law No. 7-FZ dated January 10, 2002 “On Environmental Protection” includes a separate Chapter X dedicated to state monitoring of the environment, which notes that this monitoring is carried out to monitor the state of the environment, including in areas where sources of anthropogenic impact are located, and the impact of anthropogenic sources on the environment.
State environmental monitoring is carried out in order to meet the needs of the state, legal and individuals in reliable information about the true state of the OS in our country, necessary for:
* development of forecasts of socio-economic development and adoption of appropriate decisions; targeted programs in the field of environmental protection and related activities;
* Prevent and (or) reduce the adverse effects of changes in the state of the OS.
Currently, general information obtained in the process of environmental monitoring is presented:
* free of charge - to state authorities and bodies of the unified state system for the prevention and elimination emergencies;
* for a fee (reimbursing the costs of its preparation, copying and transmission over existing communication systems) to all other users.
The results of environmental monitoring of the natural environment are included in the content of sectoral cadastres of natural resources and are used to make environmentally significant economic and other decisions.
Bibliography:
industrial municipal environmental control
1. Ecology: Proc. for universities / N.I. Nikolaikin, N.E. Nikolaykina, O.P. Melekhov. -- 3rd ed., stereotype. - M.: Bustard, 2004. - 624 p: ill.
Hosted on Allbest.ru
Similar Documents
The concept, goals and objectives of environmental control in the field of the environment, its significance and main types. Rules for the implementation of state monitoring. The problem of improving legislation in the field of environmental audit.
term paper, added 08/08/2011
Analysis of the norms of the Constitution of the Russian Federation in the field of regulation of nature management and environmental protection. State ecological control over the state of the environment. Carrying out the state ecological expertise.
abstract, added 02/10/2011
The main tasks and stages of environmental control, its legislative regulation and types (state, industrial, municipal, public). The essence of public environmental control, features of its implementation in the Trans-Baikal Territory.
term paper, added 06/12/2012
The study of global problems of our time, covering the population of the entire globe, relating to all states. Provision issues environmental management and environmental protection. Features of state environmental control.
abstract, added 05/10/2010
Ecological control and ecological expertise. State ecological monitoring. Tasks of the Ministry of Natural Resources and Ecology of the Russian Federation. Industrial, municipal and public environmental control. Ecological and educational work.
presentation, added 10/20/2013
The main periods of formation and development of environmental legislation. The concept and features of the sources of environmental law. Technical regulatory legal acts in the field of environmental protection. Ecological requirements for economic activity.
presentation, added 04/20/2016
State and control over the use and protection of the natural environment. Functions of ecological control: state, general, special. Liability for environmental offenses. Legal protection atmospheric air.
control work, added 12/02/2007
Strategic role public policy in the field of ecological development. Regulation in the field of environmental protection and nature management and tools of the "green" economy. Constitutional aspects of ensuring the environmental security of Russia.
term paper, added 12/21/2015
Assessment of environmental safety, its legal support in Belarus. emergency zones, ecological crisis, environmental disasters, their types. State control over the use and protection of forests. Analysis of current situations.
test, added 05/31/2009
The subject of environmental law. Principles of regulating the interaction between society and nature. Stages of environmental control: collection and processing of the necessary initial data; implementation of measures to prevent and eliminate environmental offenses.
Introduction 3
1. Environmental monitoring 4
2. Environmental control: concept, types (state, industrial, public). The system of state environmental control bodies, their powers 8
Conclusion 14
References 15
Environmental control is the most important legal measure to ensure rational nature management and environmental protection from harmful effects, a function of public administration and a legal institution of environmental law. Based on the role of environmental control in the mechanism of environmental protection, it can be assessed as the most important legal measure. It is through environmental control that it is mainly ensured that the relevant subjects of environmental law are forced to comply with environmental requirements. Measures of legal liability for environmental offenses are applied either in the process of environmental control, or with the involvement of other state bodies.
Earlier it was emphasized that the function of environmental control is also carried out in the implementation of other legal measures to ensure rational nature management and environmental protection - environmental regulation, environmental expertise, environmental licensing, environmental certification. But within the framework of all these areas of activity, environmental control, i.e. ensuring the fulfillment of environmental and legal requirements is carried out objectively, incidentally, in relation to each of the named types of activity. The implementation of any of these measures, as well as the conduct of environmental control, is a purposeful activity of specially authorized state bodies, carried out within the framework of the procedure established for them, on the basis of special legal norms.
1. Environmental monitoring
Global monitoring is carried out in accordance with international agreements by a system of observation stations located at different points on the Earth, through the exchange of data received by various states in order to monitor the state of the environment, changes occurring in it, including climate change, create a data system, disseminate it, forecasting the development of environmental properties and their impact on humans.
National environmental monitoring is carried out by individual states within their territory. In Russia, the Unified State System of Environmental Monitoring was established in 1993. Its tasks are: monitoring the state of the environment, its pollution, including the atmosphere, surface water, marine environment, soils, near-Earth space, the radiation situation on the Earth's surface and near-Earth space space, assessment and forecast of climate change, water resources; transboundary transfer of pollutants, etc. In the system of national environmental monitoring, radiation, complex background, space, as well as state monitoring of the continental shelf and the exclusive economic zone are distinguished.
Regional environmental monitoring - a system of monitoring the state of the environment within an administrative-territorial isolated unit (subject of the Russian Federation) or a part of such a unit or parts of several subjects of the Russian Federation, characterized by common natural processes or subject to anthropogenic impact from the same sources.
Local environmental monitoring is carried out at a separate production facility (or part thereof), an object of lawful nature management, a separate area of the territory that permanently or temporarily has a special legal status (for example, in a state reserve, in an ecological disaster zone).
Background monitoring means the observation of phenomena and processes occurring in the environment, minimally affected by human intervention, and is carried out by stations located in biosphere reserves. Of the 99 state natural reserves existing in the Russian Federation, 22 have the international biosphere status (according to the relevant UNESCO certificates).
Impact monitoring (from the English impact - impact, influence) is a kind of monitoring system for sources of anthropogenic impact on the environment in specially designated areas where activities associated with increased environmental risks are carried out.
Socio-hygienic monitoring is a state system for monitoring, analyzing, evaluating and predicting the state of health of the population and the human environment (natural and artificial), as well as determining the cause-and-effect relationships between the state of public health and the impact of environmental factors. It is carried out at the levels: federal, constituent entities of the Russian Federation, municipalities to form a federal information fund of data based on long-term observations of the state of public health, physical, chemical, biological and social factors of the environment, natural and climatic factors, the structure and quality of nutrition, safety food products by institutions of the Federal Service for Supervision of Consumer Rights Protection and Human Welfare.
Wildlife monitoring - a state system of regular observations of the prevalence, abundance, species composition of wildlife objects, the state of their habitat, including migration routes, other factors in order to preserve biodiversity, scientifically based use and protection of wildlife, prevent the spread of epizootics and other negative consequences. Its variety is sectoral monitoring of aquatic biological resources, carried out in inland sea waters, the territorial sea, on the continental shelf and in the exclusive economic zone of the Russian Federation, in the Caspian and Azov Seas, etc.
Atmospheric air monitoring is a system for monitoring the quality of atmospheric air, the quantity and composition of harmful substances contained in it, and the anthropogenic impact exerted on it by emissions from stationary and mobile sources. It is carried out by sampling air and rainwater by permanent and mobile stations of Roshydromet, sanitary and epidemiological supervision, and other entities.
Monitoring of water resources - monitoring the quality of surface waters, the composition of pollutants in them, the composition and amount of wastewater discharged into water bodies, carried out by chemical and biological (for aquatic flora and fauna) methods using samples taken periodically (monthly) or seasonally .
Land monitoring - a system of basic, periodic and operational observations (surveys, surveys and surveys) of the state of all lands in the Russian Federation in order to identify changes, evaluate them, forecast and develop recommendations for preventing and eliminating the consequences of negative processes, information support land administration authorities, as well as owners land plots. It is carried out at the federal, regional and local levels.
Radiation monitoring is carried out by EGASKRO (unified state automated system control of the radiation situation on the territory of the Russian Federation) to determine the levels of radioactivity of environmental elements (water, air, soil, vegetation), ionizing radiation, the amount and composition of radioactive fallout.
Subjects of environmental monitoring - executive authorities of the Russian Federation and constituent entities of the Russian Federation, local governments, specialized organizations authorized to carry out environmental monitoring functions, subjects economic activity, public associations.
Environmental monitoring is carried out by a special observational network. This is a system of stationary and mobile observation points, including posts, stations, laboratories, bureau centers, and observatories. A significant part of the observation network operates within the Russian Federal Service for Hydrometeorology and Environmental Monitoring. In addition, in accordance with the tasks assigned to them in a particular area, certain types of monitoring are carried out by the Federal Service for Supervision of Natural Resources, the Federal Forestry Agency, other federal executive authorities and their territorial bodies. Finally, the constituent entities of the Russian Federation and local self-government bodies create appropriate posts, stations and other elements of the observation network for conducting regional or local monitoring.
The objects of environmental monitoring are the environment as a whole and its individual elements; negative changes in the quality of the environment that can have a negative impact on the health and property of people, the safety of territories; types of activities assessed by the legislation as posing a potential threat to the environment, human health and environmental safety of territories; equipment, technologies, production and other technical facilities, the existence, use, transformation and destruction of which poses a danger to the environment and human health; emergency and other sudden physical, chemical, biological and other circumstances (accidents, incidents, other emergency situations) that can have a negative impact on the environment and human health; territories and objects with a special legal status (for example, protected areas).
Legislation may establish the procedure for registering environmental monitoring objects, maintaining a unified Register of such objects, restrictions on access to environmental information and other rules governing the organization and implementation of monitoring.
2. Environmental control: concept, types (state, industrial, public). The system of state environmental control bodies, their powers.
Environmental control is one of the most widely used organizational and legal means of managing environmental protection. Environmental control is carried out absolutely at all stages of the activity on the use of natural resources and the impact on the environment, one might say, totally. Many bodies and persons are employed in it, differing in their status, departmental affiliation, methods used, and scope of authority. Thus, some entities exercise only environmental control in the narrow sense as verification of compliance with and implementation of environmental protection legislation, while others are entitled to exercise supervision in the field of state environmental management. The literature describes in detail different kinds environmental control: state, departmental, industrial and public.
State environmental control is carried out: a) on behalf of the state; b) specially authorized bodies and officials; c) is extra- and supra-departmental in nature; d) is one of the functions of the state environmental management; e) is associated with the application, in necessary cases, of measures of administrative coercion (suspension of activities, deprivation of the right to use natural resources, imposition of fines and other administrative penalties). The literature indicates the existence of several types of state environmental control: depending on the stage of the controlled activity - preventive and current; according to the criterion of the subject of control - general and special. Thus, general environmental control is carried out by the President of the Russian Federation, the Government of the Russian Federation and other entities endowed with general competence or special kind of competence, for example, in the field of export control over the import and export of pathogens of human, animal and plant infectious diseases, technologies that can be used to develop weapons of mass destruction, etc. The transfer of their powers in the field of environmental control to other entities should be formalized separately, reflected in a regulatory legal act, consistent with the status and other powers of these entities. Special control is carried out by bodies authorized in the field of environmental protection and their officials. The rights and obligations of the latter are regulated in detail by environmental and administrative legislation. As a rule, either separate chapters of federal laws, or articles, or by-laws in general, in particular departmental ones, are devoted to this. In accordance with the Decree of the President of the Russian Federation of March 9, 2004 "On the system and structure federal bodies executive power” the implementation of environmental control (and supervision) is entrusted to the federal services in the relevant areas of activity, namely: the Federal Service for Supervision in the Sphere of Natural Resources Management, the Federal Service for Supervision in the Sphere of Consumer Rights Protection and Human Welfare, the Federal Service for Environmental, Technological and nuclear supervision, the Federal Service for Technical Regulation and Metrology, the Federal Service for Veterinary and Phytosanitary Supervision, the Federal Customs Service, the Federal Security Service.
In some cases, control can be exercised by other bodies, for example, in accordance with the Decrees of the Government of the Russian Federation dated November 19, 2002 No. 8331 and August 19, 2004 No. 418 “On Approval of the Regulations on the Federal Agency for Cadastre of Real Estate Objects”, the specified agency is assigned functions of state land control.
The objects of the state environmental control are listed in the Decree of the Government of the Russian Federation dated October 29, 2002 No. 777 “On the list of objects subject to federal state environmental control”2. These include, for example, nuclear power facilities, facilities located on federally owned lands or that have a negative impact on monuments included in the World Cultural Heritage List and the World Natural Heritage List, as well as contributing to transboundary environmental pollution, etc. . Dangerous for the environment and therefore controlled at the federal level are - regardless of the form of ownership - such objects of economic and other activities that host more than 10 thousand tons of waste of the 1st and 2nd hazard classes per year; more than 15 million cubic meters are dumped. meters of wastewater per year; more than 500 tons of harmful substances are emitted into the air annually, etc.
Municipal environmental control is carried out by local governments and their officials.
Departmental environmental control is carried out by the central authorities in relation to their subordinate structural entities and organizations, institutions, enterprises within a particular industry. Thus, departmental control over the enterprises of the nuclear complex is carried out by the Federal Agency for Atomic Energy, but the implementation of state environmental control is entrusted to the Federal Service for Environmental, Technological and Nuclear Supervision. The Ministry of Natural Resources of the Russian Federation is entrusted with departmental control over the work of committees of constituent entities of the Russian Federation, but state control over the use of forests, subsoil, water, etc. by all other subjects of economic and managerial activity - is carried out by the Federal Service for Supervision in the Field of Natural Resources, which is under its jurisdiction.
Industrial environmental control is limited to the scope of a particular economic entity, enterprise, organization and is carried out either by its head, or by the heads of individual services (chief engineer, chief power engineer, head of a laboratory, etc.), or by specially organized environmental services (departments) on the basis of the normative act or a special order, authorization of rights and obligations. Types of control structures of the enterprise and the scale, methods of their activities depend on its organizational and legal form. Typically, industrial environmental control includes verification of: a) the implementation of plans for environmental protection, including those providing for the improvement of technologies and improvement of product quality, reduction of energy costs, the level of consumption of natural resources; b) compliance with environmental rules, standards and regulations of production activities; c) construction of environmental facilities; d) carrying out work on the reclamation of disturbed lands, eliminating other negative consequences of production activities.
In recent years, public environmental control has been widely developed not only in the Russian Federation, but also in other countries. Its existence as an important legal institution is based on many international documents that provide for public participation in decision-making that may affect the state of the environment, are associated with environmental risks and the threat of environmental harm, and also regulate the access of citizens and their associations to environmental information. Directions and forms of environmental public control are constantly expanding.
Environmental control is carried out along with other forms (types) of control and supervision: copyright, sanitary, radiation, construction, etc. Sometimes this leads to duplication and clash of departmental interests, sometimes it helps to solve the problem by joining forces and increasing “pressure” on business entities .
The rights and obligations of officials of environmental control bodies do not differ from others in the field of state administration and control. These persons have the right to: request and receive information necessary to perform the functions assigned to them; conducting checks of both documentation and the actual state of affairs, including by taking samples, conducting measurements, surveys, etc.; entrance to controlled facilities (if necessary, in compliance with the established regime restrictions); obtaining oral and written explanations from managers and other employees of enterprises, organizations and institutions, other persons; giving opinions on the compliance of activities, the state of the facility, products, materials, raw materials, products and individual parameters and indicators with the requirements of environmental legislation; issuance of mandatory orders to eliminate shortcomings and violations in activities; suspension and (or) termination of environmentally hazardous activities; suspension and cancellation of issued licenses (permits) in case of violation of their conditions; application of administrative penalties, etc. Some categories have the right to use service weapons, special equipment, search and inspection.
Conclusion
Environmental monitoring is a set of organizational structures, methods, methods and techniques for monitoring the state of the environment, changes occurring in it, their consequences, as well as activities potentially dangerous for the environment, human health and controlled territory, production and other facilities.
Environmental monitoring is carried out by a special observational network. This is a system of stationary and mobile observation points, including posts, stations, laboratories, bureau centers, and observatories. A significant part of the observation network operates within the Russian Federal Service for Hydrometeorology and Environmental Monitoring.
There are various types of monitoring that are distinguished depending on the scale of the monitoring system - global, national, regional, local, on the level of human alteration of the environment - background and impact, on the monitoring object - ecological, air, water, land (soil), animal world, hazardous waste, radiation, social and hygienic.
Environmental control is one of the most widely used organizational and legal means of managing environmental protection. Environmental control is carried out absolutely at all stages of the activity on the use of natural resources and the impact on the environment, one might say, totally.
Bibliography
1. The Constitution of the Russian Federation. Adopted on December 12, 1993 // Rossiyskaya Gazeta 1993. December 25.
2. "On environmental protection". Federal Law of January 10, 2002 No. 7-FZ // Collection of Legislation of the Russian Federation. 2002. No. 2. Art. 133.
3. Forest Code of the Russian Federation dated January 29, 1997 No. 22-FZ. // Collection of legislation of the Russian Federation. 1997. No. 5. Art. 610.
4. Brinchuk M.M. Environmental law. – M.: Lawyer, 2004.
5. Dubovik O.L., Kremer L., Lube-Wolf G. Ecological law. – M.: EKSMO, 2005.
6. Erofeev B.V. Ecological law of Russia. - M, 1996.
7. Krassov O.I. Environmental law. - M., 2001.
8. Ecology. – M.: Norma, 2005.
9. Yarmochkina N.M. Fundamentals of ecology. - Magnitogorsk, 1998.
10. Yassov V. Man and the environment. – M.: Progress, 2000.
© Placement of material on other electronic resources only accompanied by an active link
Control work in Magnitogorsk, buy control work, term papers in law, buy term papers in law, term papers in RANEPA, term papers in law in RANEPA, theses in law at Magnitogorsk, diplomas in law at MIEP, diplomas and term papers at VSU, test papers in SGA, master's theses in law in Chelga.
Environmental control is the most important legal measure to ensure rational nature management and environmental protection from harmful effects, a function of public administration and a legal institution of environmental law. Based on the role of environmental control in the mechanism of environmental protection, it can be assessed as the most important legal measure. It is through environmental control that it is mainly ensured that the relevant subjects of environmental law are forced to comply with environmental requirements. Quite often, measures of legal liability for environmental offenses are applied in the process of environmental control or as a result of it.
Earlier it was emphasized that the function of environmental control is also carried out in the implementation of other legal measures to ensure rational nature management and environmental protection - environmental regulation, environmental expertise, environmental licensing, environmental certification. But within the framework of all these areas of activity, environmental control, i.e. ensuring the fulfillment of environmental and legal requirements is carried out objectively, incidentally, in relation to each of the named types of activity. The implementation of any of these measures, as well as the conduct of environmental control, is an independent, purposeful activity of specially authorized state bodies, carried out within the framework of an established procedure, based on special legal norms and aimed at solving their problems.
Russian administrative law distinguishes two types of control activities - control and supervision. Environmental control refers to the activities of authorized entities to verify compliance with and fulfillment of the requirements of environmental legislation. Administrative supervision is a specific type of state control. Its essence is to monitor the implementation of environmental regulations in force in the field of management. Supervision is carried out in relation to executive authorities, enterprises, public formations and citizens.
Environmental control as a legal measure performs a number of functions - preventive, informational and punitive.
The role of the preventive function lies in the fact that the subjects of environmental control, knowing about the possible verification of their compliance with legal environmental requirements, are independently active in fulfilling the requirements of the law and preventing violations. The information function is related to the fact that in the process of control, the relevant authorities and persons collect a variety of information about the environmental activities of controlled and supervised objects. The punitive function is manifested in the application of legal sanctions against violators of legal environmental requirements.
In the environmental practice of Russia, the following types of environmental control are distinguished: state, departmental, industrial, municipal, public. The criteria for such a classification are the subject on behalf of which the control is carried out, and the scope of control.
Environmental monitoring- this is a system of long-term observations of the state of the environment, assessment and forecast of changes in its state under the influence of natural and anthropogenic factors. In accordance with the legislation, both the environment as a whole and its individual components - land, water, atmospheric air and other natural objects - are monitored.
The organization and conduct of environmental monitoring is regulated by many acts of environmental legislation at the level of the Russian Federation and its constituent entities, including the Laws on environmental protection (Article 63), on hydrometeorological service, on subsoil (Article 36.1), on the protection of atmospheric air (Article 23 ), on wildlife (Art. 15), on inland sea waters, territorial sea and contiguous zone of the Russian Federation (Art. 36), Land Code of the Russian Federation (Art. 67), Water Code of the Russian Federation (Art. 78), Forest Code of the Russian Federation (Article 69). The Law on Sanitary and Epidemiological Welfare of the Population provides for social and hygienic monitoring (Article 45), which contains elements of environmental monitoring.
Legislation establishes the obligation to conduct state and non-state monitoring of the environment. Thus, the Regulation on the assessment of the impact of planned economic and other activities on the environment in the Russian Federation obliges legal entities and individual entrepreneurs to develop proposals for an environmental monitoring program at all stages of the implementation of the planned economic and other activities.
Some general and basic provisions on environmental monitoring are formulated in the Law on Environmental Protection. According to Art. 63 state monitoring of the environment is carried out in accordance with the legislation of the Russian Federation and the constituent entities of the Russian Federation in order to monitor the state of the environment, as well as to meet the needs of the state, legal entities and individuals in reliable information necessary to prevent and (or) reduce the adverse effects of changes in the state of the environment . The procedure for organizing and implementing state environmental monitoring is established by the Government of the Russian Federation. Information about the state of the environment, its change, obtained in the course of state monitoring of the environment, is used by state authorities of the Russian Federation and constituent entities of the Russian Federation, local governments to develop forecasts of socio-economic development and make appropriate decisions, develop federal programs in the field of environmental development of the Russian Federation, target programs in the field of environmental protection of the subjects of the Russian Federation and environmental protection measures.
In order to increase the efficiency of work to preserve and improve the state of the environment, the Decree of the Government of the Russian Federation of November 24, 1993 created the Unified State System of Environmental Monitoring. All specially authorized state bodies in the field of environmental protection and the use of natural resources participate in it.
Roshydromet, which is a specially authorized state body in this area, has the most solid monitoring base. Thus, in 1998, observations of the state of the atmosphere were carried out regularly at 602 stationary posts in 238 cities and towns of Russia. In most cities, concentrations of 5 to 25 substances are measured.
Soil sampling was carried out in 176 farms located on the territory of 36 constituent entities of the Russian Federation. In the selected samples, 21 names of pesticides are determined.
Over 120 water bodies, where 156 control points are located, are covered by observations of pollution of surface waters of land by hydrochemical indicators. The observation program includes from 2 to 6 indicators 1 .
Industrial environmental monitoring is being developed, i.е. monitoring carried out by enterprises. For example, since October 1995, a monitoring system has been created at JSC Gazprom. Its design provides for monitoring of pollution sources, volumes of pollutant emissions into the atmosphere and wastewater discharges; information interaction with the territorial services of Roshydromet, the Ministry of Natural Resources of Russia and other bodies.
One of the main results of environmental monitoring is obtaining data on its condition. The law on hydrometeorological service provides for the creation unified state fund of data on the state of the environment, its pollution(Art. 15). The Unified State Data Fund is an ordered, constantly updated set of documented information on the state of the environment, its pollution, obtained as a result of the activities of the Russian Federal Service for Hydrometeorology and Environmental Monitoring, other interested federal executive authorities, their territorial bodies, executive authorities subjects of the Russian Federation, individuals and legal entities (regardless of their organizational and legal form) in the field of hydrometeorology and related fields (meteorology, climatology, agrometeorology, hydrology, oceanology, heliogeophysics), monitoring the state of the environment, its pollution. It is formed on the basis of collection, processing, accounting, storage and distribution of documented information about the state of the environment, its pollution. The creation and maintenance of a unified state fund of data on the state of the environment and its pollution is regulated by Decree of the Government of the Russian Federation of December 21, 1999 No.
In accordance with the Law on the Hydrometeorological Service, information on the state of the environment and its pollution is provided to users (consumers) free of charge, as well as on the basis of contracts (Article 17). The regulation on information services in the field of hydrometeorology and monitoring of environmental pollution, approved by the Decree of the Government of the Russian Federation of November 15, 1997, specifies the conditions for providing information. Information in the field of hydrometeorology and monitoring of the natural environment of general purpose is provided free of charge to the state authorities of the Russian Federation and its subjects, to the bodies of the unified state system for the prevention and elimination of emergency situations. Other users (consumers) information in the field of hydrometeorology and monitoring of the natural
general-purpose media is provided for a fee in the amount that reimburses the costs of its preparation, copying and transmission over electric and postal networks.
Environmental monitoring data serve as the basis for maintaining state cadastres of natural resources, as well as for making environmentally significant economic and other decisions.
3.5 / 5 ( 2 votes)
When monitoring and controlling the ecological type, a common detail in these activities is the observation and evaluation of the information received from the object that was monitored.
But it is worth mentioning how environmental monitoring differs from environmental control. It's all about the objects that are being monitored, and, of course, the subsequent actions done based on the data received.
Environmental control
When monitoring the ecological type, the objects for observation are places with anthropogenic impact, that is, they emit harmful substances into the ecosystem during their activities.
This is the difference between environmental monitoring and environmental control. When carrying out environmental type control, specialists of ANO "Center for Environmental Expertise" produce a control type impact on the object that is subject to observation.
During monitoring, the objects of observation are air, different types of water and soil. And this is the answer to the question of how environmental monitoring differs from environmental control. The purpose of observation is to obtain information on the state of these components of nature, to make forecasts of expected changes in them under the influence of natural and anthropogenic processes.
The tasks of this type of observation are to ensure that the natural environment remains in good condition, and nothing threatens it, no negative impacts of objects that are studied during environmental monitoring. This is the most important difference between environmental monitoring and environmental control. So we can say that they are mutually complementary.
Loading...