LawState and Law

State Environmental Expertise

It is well known that different methods of expert assessments are quite common in the environment. Thus, it is possible to solve many tasks related to the organization of nature conservation. At the same time, a combination of territorial and sectoral principles is provided.

The state ecological examination is carried out concerning all projects of economic or other activities that can negatively affect the state of the natural environment. The conclusions of the experts are based on information containing an environmental impact assessment (EIA). This estimation is made by the customer of the project. It includes the analysis, systematization and dissemination of information on the impact. In addition, the description of specific activities aimed at ensuring the protection of nature. Assessment of the impact on environmental conditions is carried out in accordance with the ecological condition of the area in the place where it is planned to place the object. The works are carried out taking into account the prospects of regional socio-economic development, the types and capacities of the impact on nature and the anthropogenic environment and the requirements of the existing environmental legislation.

The State Environmental Expertise solves several problems. First of all, its function is to determine the degree of danger of the proposed (planned) or already carried out economic activity, which may in the future (or the present) have a direct or indirect impact on the health of the population and the state of the natural environment. At the same time, the state environmental review provides for the verification of compliance of activities with existing environmental legislation. In addition, the validity and sufficiency of the environmental measures proposed for the project is established. State environmental expertise is implemented by a federal specially authorized state agency in the relevant area (or its territorial representation). The audit can be carried out either by the State Committee for Ecology or the Ministry of Nature Protection. The Ministry of Natural Resources is also an authorized body.

State environmental review is carried out in accordance with the principles of legality, complexity, scientific validity, publicity, and with the participation of public opinion. The evaluation should not involve persons who may be interested in its outcome. It is advisable to involve legal persons in order to verify the legality and analyze the legal issues of the assessment.

The objects of state ecological expertise are not only industrial projects. The list of evaluated elements is constantly expanding. Thus, various projects of state plans, programs, basic guidelines, concepts, schemes for locating productive capacities and spheres of the national economy can be referred to the objects of examination. Pre-planning documentation on the development of economic and other activities may be included in the category of assessed elements, the implementation of which may adversely affect the state of nature. In addition, these objects can become and instructive-methodological, regulatory and technical acts and documents that regulate the implementation of economic activities. Evaluation and verification is also subject to documentation on the creation and development of new technologies, equipment, substances, materials, including those purchased abroad. Examination is applied in relation to goods imported and exported from abroad. Along with the assessment of the impact on the nature of the activities of enterprises operating in a certain territory, it is advisable to check the state of the environment and in the region as a whole.

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