Environmental Rights and Environmental Responsibilities of Russian Citizens: General Characteristics, Interconnection

Environmental rights and environmental responsibilities of citizens - is an integral element of the legal status of each person that spreads throughout the territory of the modern state. It is important to note that such opportunities or restrictions apply to foreigners and persons who have Russian citizenship, that is, citizens of the country.

Fundamental right: the right to life

Environmental rights and duties of citizens are enshrined in the Russian Constitution. The fundamental element of the legal status of this species is the human right to life - this provision is contained in Article 20 of the Basic Law of the Russian Federation. The human right to life is based on numerous acts of an international legal nature:

• The Charter of Human Rights.
• Stockholm Declaration and so on.

There are international international acts that are adopted by government organizations, usually one of the elements or departments of the United Nations. Along with them, there are regional legal acts that apply to a certain territory and are adopted by local authorities, for example, the Council of Europe.

Another source of this norm, on the basis of which all environmental rights and duties of citizens were developed, is the Declaration of Human Rights, which was adopted even before the formation of the Russian Federation as an independent legal state.

The basic environmental rights and duties of citizens do not have the right to exist in the absence of a normatively fixed human right to life.

The right to a favorable natural environment

Environmental rights and environmental obligations of citizens necessarily include the right to a favorable natural environment, which is contained mainly in the regulatory legal act that regulates the legal status.

Article 11 first of all describes the "favorable environment". This is such an environment, thanks to which natural functioning of natural objects, ecosystems, animal species, plants and so on is preserved. The natural environment should also be the basic basis for the development of natural ecological objects, and also comply with all established standards that are designed to protect the health and life of citizens, flora and fauna. The state of a favorable natural environment must meet the standards that determine the degree of its environmental sustainability, purity, diversity of species, and natural wealth in general.

Environmental standards system

Environmental rights and environmental obligations of citizens are respected provided all the required standards are met (established in Article 20 of the Federal Law "On the Environment"), the system of which is as follows:

• A group of standards that measure the quality of the environment. For the main standard here are taken chemical indicators, for example, the level of concentration of radioactive substances in the air. Along with the chemical data are used physical indicators, mainly such as radioactivity and heat level.
• A group of standards that characterize the biological indicators of the state of the environment. As a rule, indicators are measured by calculating plant and animal species, as well as other existing organisms. The norms of maximum permissible concentrations of organisms in the natural environment are also used here.
• The third group of standards is presented in art. 23 of the above-mentioned law and is characterized by a permissible impact on nature, namely, it calculates the permissible emissions of substances; Generation of consumption and production wastes; Norms of physical impact on the environment.
• Indicators of anthropogenic pressure on nature.
• Other permissible indicators and standards, which can be established by the federal legislation of the Russian Federation.

There are also regulations that protect the environmental rights and obligations of Russian citizens without having a direct link to the environment. Primarily this group of standards is associated with the work, services in the sphere of environmental protection. There are also restrictions related to economic activity and its subsequent negative impact on nature. A separate type of control standards is the activity of issuing licenses for a certain type of work related to active interaction with the environment.

The right of citizens to information

Environmental rights and environmental obligations of citizens as an obligatory element provide for the right of residents of the state to information about the environment, as well as its state. In the Main Law of Russia, Article 24 states that every citizen of the country has the right to acquaint himself with those materials that directly affect his rights and freedoms, be it a local regulatory act or an act of law enforcement, such as a court decision.

It is important to note that such environmental rights and duties of citizens are a worthy indicator of the development of the modern state, as a few decades ago all the environmental problems that ever existed in the country were surrounded by an unshakable veil of secrecy. At the moment, the situation is completely opposite meaning, as the Constitution of the Russian Federation entrusts officials with legal responsibility for concealing circumstances and facts that pose a threat to the health and life of citizens.

Another aspect of the right to information is protection and full access to information on the consequences of environmental accidents; Disclosing information about the safety of the affected community and so on. Information of this kind can not carry the status of "information constituting state. Secret ", respectively, and access to them can not be limited. Earlier, the information described above was labeled "For official use". Since these categories of documents are available only for certain categories of officials, there could be no question of ensuring full and open access to this information for all citizens.

Ways to realize the right to information

Environmental rights and duties of citizens are briefly regulated not only by the Constitution, but also by other NPA, including the Law on Information, which provides for the following ways of exercising the right to information:

1. Studying of public information resources of free access. First, all users have equal legal status in relation to the use of a particular resource; Secondly, no user is required to report on the purposes and grounds for obtaining the information provided. The only exception is information that constitutes a state secret and has a classification of secrecy.
2. Through the implementation of public control by organizations and legal entities that have access to information on an equal basis with individuals. Receiving this or that information, the organization has the right to disseminate information about the state of the natural environment among the masses of the population.
3. Realization of mass informing of the population by the organization of work of bodies state. Authorities and LSG. Authorized persons are obliged to create on-site information resources, as well as to exercise control over subordinate organizations on issues of environmental information.
4. Appeal to the judiciary in order to protect the right to information.
5. Through the realization of a person's right to compensation for damage caused as a result of refusing to provide information about the environment or obtaining inaccurate data.

The right to apply to a court for the protection of rights

Environmental rights and obligations of citizens of the Russian Federation are enshrined in the Constitution of the state and provide for the equally important right of every citizen - the right to apply to a court to protect rights and freedoms.

This power is granted to:

• Ensuring the principle of legality, which spearheads all postulates in all branches of law, thus ensuring the fulfillment of the proclaimed norms.
• Protection of the legal status of citizens within their legal environmental status.
• Realization of the right of citizens to compensation for damage caused as a result of illegal actions of authorized persons responsible for the protection of a specific section of the ecological environment.
• Regulating the activities of the judiciary and assigning them responsibilities to protect the rights of citizens.

Right to compensation

Another element that includes the environmental rights and obligations of Russian citizens is the right of citizens to compensation for damage that was received in connection with the commission of an environmental violation. This power is fixed in Art. 42 of the Constitution of. In turn, the right to compensation for damages is more fully presented in the Federal Law "On the Environment", which states that any person in the event of damage to the ecological system is obliged to compensate for the damage caused in full. The result of causing harm can be expressed as:

• Pollution of the environment as a whole;
• Depletion of environmental resources;
• Damage and the destruction of natural materials;
• Irrational consumption of natural resources;
• Destruction and degradation of ecological systems, complexes and natural landscapes;
• Commission of other kinds of offenses, which are provided for by federal, regional and local legislation on the environment.

Environmental rights and obligations of citizens of the Russian Federation indicate that damage caused as a result of economic activities or other activities is calculated according to certain rules. Depending on the region, it can be calculated according to the approved fees or by other methods of calculating damage to the natural environment. If they are not available, then the unit is taken as the amount necessary to recover the real costs of restoring nature. In this case, losses incurred and lost profits can also be taken into account .

Compensation can be paid both voluntarily, so in accordance with the decision of the Supreme or Arbitration Court of the subject. All issues related to compensation for harm, as well as other environmental rights and obligations of citizens are regulated by the Constitution of the Russian Federation, the Federal Law "On the Environment", the Criminal Code and the Code of Administrative Offenses, and other NPA.

The right to establish organizations

Primarily, the environmental rights and duties of Russian citizens are summarized in the Constitution of the state. This normative document, along with other opportunities and as one of the rights, proclaimed the right of citizens to establish public associations, foundations and other non-commercial organizations that are authorized to carry out activities to protect the ecological environment.

The purpose of creating such organizations is the protection of the natural environment from illegal encroachment by both other organizations and individuals. Moreover, such organizations are one of the forms of exercising public control over compliance with environmental legislation. These organizations also have the right to apply to the court in order to suppress violations and impose an obligation to eliminate property damage.

Obligations of citizens of the Russian Federation in the field of environmental law

The legal status of each citizen of the country includes not only rights, but also certain duties. Environmental rights and duties of citizens and their associations, along with the right to a favorable environment, include the obligation to preserve it.

Duties are imposed by the state and are associated with a certain rule of conduct. The imposition of one or another rule of conduct is related to the needs arising in society and the need to regulate specific social relations. General characteristics of environmental rights and duties of citizens include responsibilities for the rational use of natural resources, responsibilities for restoring the disturbed ecology of flora and fauna, preventing environmental violations, and so on. The main list of duties of Russian citizens is as follows:

• The need to pay taxes and fees, which are fixed in the Tax Code of the Russian Federation and are necessary for successful financing of measures for the protection and restoration of nature;
• To take an active part in measures to protect the ecological environment, to restore it;
• Comply with the prescribed environmental quality standards, legislation requirements, sanitary and epidemiological rules, ensure safety during the conduct of a particular type of work, economic activities associated with the ecosystems of the earth;
• To increase and protect natural resources and wealth;
• Take part in the ecological education of the younger generation, improve the ecological culture of the population;
• Comply with the norms of environmental legislation;
• Protect natural landscapes;
• Comply with environmental regulations, comply with environmental prohibitions;
• Use real estate and environmental rights without harming the natural environment.

The fulfillment of the assigned duties is provided by sanctions, which are also established by the state. In case of violation of the legal norm, sanctions are applied to the citizen either by imposing an administrative fine or by bringing to criminal responsibility. Any measure of responsibility is imposed by a decision or a court verdict.

The relationship between environmental rights and responsibilities

The interrelation of environmental rights and duties of citizens is first of all expressed in the fact that together these elements form the legal status of each citizen in the sphere of the natural environment. This concept, secondly, is an integral part of the general legal status of each citizen of Russia and foreign citizens, stateless persons and so on.

In addition, it is important to note that any citizen's right is a duty of the state, failure to do so entails legal liability measures applied to officials. Exactly the same as the failure of a citizen to fulfill his duty gives the state the right to apply sanctions prescribed by law.