Environmental rights of citizens of the Russian Federation. Ways to protect the environmental rights of citizens

Environmental rights and duties of citizens The Russian Federation ensures the satisfaction of various needs of individuals and their fulfillment of the established requirements in the field of their interaction with the environment. They are classified according to the degree of regulation. Let us further consider what environmental rights and obligations of citizens of the Russian Federation exist.

Legal aspect

Basic environmental rights of citizens are also called fundamental. They are recorded in various regulations. The key one is the Constitution of the Russian Federation. Environmental rights of citizens are also determined by international documents. According to the legislation in force in the country, they also act as an element of the regulatory system. Among international documents, the Universal Declaration of Human Rights should be called first of all. It was adopted in 1948. Also, the environmental rights of a citizen are fixed in the European Convention. It was approved in 1950. In addition, the environmental rights of citizens are enshrined in the European Charter, adopted in 1961.

general characteristics

The Constitution describes the environmental rights of citizens in art. 17, part 2. In accordance with the norm, these legal possibilities of subjects are considered inalienable and natural. The legislation focuses on the inadmissibility of depriving citizens of their rights. Subjectivity and naturalness is manifested in the fact that the legal possibilities under consideration arise at the time of birth.

Kinds

The environmental rights of citizens of the Russian Federation affect a variety of spheres of public life. So, they are directly related to the work of people. In Art. 37 of the Constitution, the right of citizens to work in conditions that meet the requirements of hygiene and safety is fixed. Each subject is guaranteed the opportunity to receive medical care. Citizens can receive medical care and compensation for damage to property or health due to environmental offense. Each subject is provided with reliable information about the state of the environment. The legislation provides for the environmental rights and obligations of citizens in the field of environmental management. This, in particular, is about radiation safety, the ability to stay in the forests, and so on.

Normative regulation

Environmental rights of citizens are recognized by applicable law, along with other inalienable natural legal opportunities. The legislation developed and specified the categories fixed in international acts. The right of every person to a favorable environment is one of the most comprehensive and fundamental. It affects the key areas of life of the subjects associated with maintaining normal living conditions.

Federal law

The Federal Law "On Environmental Protection" not only records the environmental rights and obligations of citizens, but also defines certain powers that contribute to their implementation. So, the law provides for the following features:

1. Form public associations and other non-profit organizations to carry out activities in the field of nature conservation.
2. Submit to federal, territorial, regional state authorities, other organizations, as well as officials, requests for reliable, complete, timely information about the state of the environment in the territory of residence, as well as measures taken to protect it.
3. Participate in pickets, rallies, marches, meetings, demonstrations, collect signatures, referenda relating to the discussion of environmental issues.
4. To submit proposals on the implementation of environmental assessments, to be involved in their implementation in the manner prescribed by law.
5. To assist state authorities in resolving issues related to environmental protection.
6. Contact the authorized authorities with statements, complaints about environmental protection.
7. Submit lawsuits to the judiciary for damages to nature.
8. Implement other opportunities provided for by the Federal Law and use the methods allowed by law to protect the environmental rights of citizens.

Sanitary and epidemiological welfare

In Federal Law No. 52, the following environmental rights of citizens are recorded:

1. On favorable living conditions. Their factors should not adversely affect the health of people of the present and future generations. Such conditions include, among other things, the surrounding nature, the atmosphere at the enterprise, at home, in the educational institution. Equally important for normal life is the availability of quality food.

2. For timely full compensation of harm caused to health due to a violation of sanitary standards, which entailed a massive infectious or non-infectious morbidity, poisoning, and occupational disease.

3. To obtain reliable data from enterprises and organizations about:

• the state of nature and public health, existing sanitary and hygienic requirements, the epidemiological situation;
• ongoing measures to maintain a favorable environment and their results;
• quality of consumer goods created, including drinking water and food products.

Directly or through representatives (public associations) participation in the development, discussion and approval by state authorities and management of decisions aimed at maintaining sanitary and epidemiological well-being.

Radiation safety

The Federal Law No. 3 also provides for the environmental rights of citizens. Public associations and individuals have the opportunity to receive objective information from enterprises operating with the use of radiation sources about the radiation situation and measures that are taken to ensure safety. In accordance with Art. 26 of this Law, the environmental rights of citizens are protected. In particular, the norm stipulates that entities may demand compensation for harm caused to health or life, or losses arising from irradiation in excess of the prescribed dose limits. This provision also applies to cases of radiation accident.

Federal Law No. 2300-I

The Law governing the protection of consumer rights also provides for provisions regarding the interaction of entities with the environment. They are provided through the inclusion of requirements in GOSTs and professional and general education programs, as well as through the organization of a public information system. Consumers are individuals who intend to purchase / order or who buy / use products, services or work exclusively for domestic (individual) needs that are not related to generating income. The Federal Law No. 2300-I defines the most important environmental rights and obligations of citizens. The plan for the implementation of legal opportunities is clearly regulated by national and international standards, the responsibility of all parties to the relationship is provided. A key provision in the law is the requirement to ensure safety for the health, life of people, their property and the environment when using, storing, disposing of and transporting any consumer product, service or work.

Nature management

The legislation contains provisions regarding the use of natural resources. Environmental rights of citizens in the field of environmental management ensure the implementation of a wide variety of needs: economic, recreational, health, cultural, scientific, aesthetic.The legal capabilities of the population are regulated by industry regulations: the Water, Land, Forest Codes, the Laws "On the animal kingdom", "On the bowels", etc. Along with this, the obligations of citizens are recorded in the regulatory acts. In particular, using natural resources, people should take good care of nature, avoid harming it, stop violations and assist authorized bodies in identifying illegal actions.

Protection of rights

The legislation provides legal guarantees for the implementation of the powers of individuals and organizations recorded in it. Normative acts define specific procedures within which environmental rights are protected. In particular, all entities can:

1. Contact the courts.
2. Appeal against decisions taken by authorized bodies, inaction / actions of state structures or their officials.
3. Receive qualified legal assistance.
4. Claim compensation for harm caused by the actions / omissions of state bodies or their employees.
5. Contact the interstate structures to protect freedoms and rights in case of exhaustion of existing domestic legal remedies.

Providing guarantees, the law determines that each entity can advocate for the preservation of their interests by all methods not prohibited by norms. In this case, you should pay attention to the fact that applying for judicial protection is allowed only if decisions, omissions / actions contradict existing legal documents.

Executive role

Currently, the issue of specific means and methods of protecting the interests and rights of citizens in the field of interaction with the environment by administrative structures has become urgent. The problem today is that often the possibility of their implementation depends on the discretion of the executive bodies. At the same time, a number of officials committing illegal actions are not responsible for them. Among the means and methods of protecting environmental rights are:

1. Security judicial control for the activities of administrations. This, in particular, is about the powers of the authorities of general jurisdiction to resolve disputes.
2. Over- and intra-departmental supervision. It is carried out within the competence of executive bodies. Supervision should also include presidential control over the activity of the system of state structures subordinate to the head of the country.
3. Organization of reception and consideration of applications, complaints and other appeals of the population to executive bodies.
4. Prosecutorial supervision of the legality of the functioning of administrative structures (departments and ministries), including at the local government level.
5. Control of representative bodies over the activities of the administrative apparatus within the limits defined by law and taking into account the principle of the separation of powers into three branches.

Features of the appeal

The legislation gives citizens the right to choose the body to which the application will be sent with the requirement to ensure the protection of environmental rights. So, an entity can apply directly to a court or to a higher state body, administrative structure, to an enterprise, to an institution or association, as well as to a specific official in the order of subordination. The latter, in accordance with the law, are obliged to consider the application (complaint) within a month. If the citizen was denied the satisfaction of the requirements or he did not receive a response, he has the right to appeal to the court. In this case, the subject is given a month to send a corresponding application. The calculation of the term starts from the date of receipt of a written response from the state agency. If it was not sent, the beginning of the period begins at the end of the time set for the instance to consider the application.If the subject immediately decides to go to court, then he can do this within 3 months. from the date he became aware of the violation. If the indicated period was missed for a good reason, regulatory acts provide for its restoration. After considering the complaint, the court makes a decision. If the requirements are justified, then the act, inaction / action will be declared illegal, and the rights of the citizen restored.

Public associations

Legislation gives citizens the opportunity to form organizations to ensure the implementation and protection of their environmental rights. At the same time, public associations are endowed with a wider range of powers in comparison with individual entities. The rights of environmental organizations are determined by several regulatory acts. They are most clearly reflected in the Federal Law governing the sphere of nature conservation. Ecological and other public associations that exercise environmental rights may:

1. To develop, implement, promote, in the prescribed manner, programs in the field of nature conservation.
2. Protect the interests and rights of citizens in the field of environmental management.
3. Involve the population on a voluntary basis in activities related to environmental protection.
4. To assist state authorities in resolving environmental issues.
5. Organize demonstrations, processions, meetings, rallies, pickets, participate in other events, collect signatures on petitions in accordance with applicable standards, send proposals to the authorized bodies on holding a referendum on environmental issues, and discuss related projects.
6. Contact the competent authorities and officials for obtaining reliable, timely and complete information about the state of nature, measures to ensure its protection, facts and circumstances of economic and other activities that threaten property, health, human life, and their environment.
7. Participate in decision-making, the implementation of which may cause harm to nature.
8. Submit complaints, claims, statements and suggestions regarding environmental issues.
9. Organize and participate in environmental assessments, hearings on the problems of the placement of facilities, the functioning of which may adversely affect the state of nature.

At present, in Russia there are quite a lot of associations whose activities are related to the protection of nature. These organizations play a crucial role in the exercise by citizens of their environmental rights. Legislation gives associations quite broad powers. By implementing them, organizations can have a significant impact on the environmental situation in the country.