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The "Environment" (Draft OOS): The RF Law «On Environmental Review» (№ 174-FZ - 1995) Chapter I. General Provisions Art. 1. Environmental impact assessment Environmental impact assessment - identification to planned economic and other activities of environmental requirements and determining the admissibility of the implementation of the object of environmental expertise in order to prevent possible adverse effects of these activities on the environment and related social, economic and other impacts of the facility environmental impact assessment. Art. 3. The principles of environmental impact assessment Environmental impact assessment is based on the following principles: - The presumption of potential environmental danger of any proposed economic and other activities; - Mandatory for public environmental review before deciding on the implementation of the object of environmental expertise;


The "Environment" (Draft OOS):

The RF Law «On Environmental Review» (№ 174-FZ - 1995)
Chapter I. General Provisions
Art. 1. Environmental impact assessment
Environmental impact assessment - identification to planned economic and other activities of environmental requirements and determining the admissibility of the implementation of the object of environmental expertise in order to prevent possible adverse effects of these activities on the environment and related social, economic and other impacts of the facility environmental impact assessment.
Art. 3. The principles of environmental impact assessment
Environmental impact assessment is based on the following principles:
- The presumption of potential environmental danger of any proposed economic and other activities;
- Mandatory for public environmental review before deciding on the implementation of the object of environmental expertise;
- Integrated assessment of the impact on the environment of economic and other activities and its consequences;
- Mandatory accounting requirements of environmental safety in the environmental assessment;
- Accuracy and completeness of the information provided on the environmental impact assessment, environmental impact assessment of the independence of the experts in carrying out their responsibility for environmental assessment;
- Scientific validity, objectivity and legality of the conclusions of environmental expertise, transparency, participation of public organizations (associations), taking into account public opinion, the responsibility of participants environmental impact assessment and stakeholders for the organization, the quality of environmental impact assessment.
Art. 4. Types of environmental impact assessment
The Russian Federation has implemented the state ecological examination and public environmental impact assessment.
Chapter III. State Ecological Expertise
Art. 10. State Ecological Expertise
State Ecological Expertise is organized and conducted by specially authorized state agencies in the environmental review of the order established by this federal law and regulations of Russian Federation, as well as regulations subjects of the Russian Federation. The state ecological examination conducted at the federal level and members of the Russian Federation.
Art. 14. The order of the state ecological examination
1. State environmental assessments, including re-held, subject to the conformity of format and content of customers of the requirements of this federal law, to allow for the holding of the state ecological examination and if the composition of materials:
documentation to be state ecological expertise ... in an amount specified in the prescribed manner, and containing materials assess the impact on the environment of economic and other activities that are subject to state environmental review;
Positive and (or) documents approvals of the federal supervision and control and the local government received in accordance with the laws of the Russian Federation procedures;
Opinions federal executive bodies on public environmental review in the event of his consideration of the authorities and the findings of public environmental review, if at all;
Materials discussions object state ecological expertise of citizens and public organizations (associations), organized by local governments.
... 4. The term of the state ecological examination of an object is determined by the complexity of the state ecological examination determined in accordance with federal regulations specifically authorized state body in the field of environmental impact assessment, but should not exceed 6 months.
... 7. The result of the state ecological examination is the conclusion of the state ecological examination ...
Art. 18. The conclusion of the state ecological examination
1. By concluding the state ecological examination is a document prepared by expert committee of state ecological expertise, providing firm conclusions about the admissibility of the impact on the environment of economic and other activities ... and on the feasibility of public environmental impact assessment ...
... 4. The conclusion by the expert committee of state ecological expertise after its approval by a specially authorized state body in the field of environmental review the status of the conclusion of the state ecological examination. Adoption of the conclusion by the expert committee of state ecological expertise, is an act of confirming compliance with the order of the state ecological examination of the requirements of this federal law and other regulatory legal acts of the Russian Federation, as well as the requirements of the laws and other regulatory legal acts of subjects of the Russian Federation.
5. The conclusion of the state ecological examination ... can be positive or negative.
The positive conclusion of the state ecological examination is a prerequisite for financing and implementing public environmental review. The positive conclusion of the state ecological examination has legal force during the term, some specially authorized state body for environmental impact assessments, conducting a specific state environmental examination.
The legal effect of a negative opinion of the state ecological examination of the implementation of the ban is the object of public environmental review.
... 7. In the case of a negative opinion of the state ecological examination of the customer is entitled to make submissions to reassess the state environmental assessment, subject to their processing, taking into account the observations set out in the negative.
Chapter IV. The rights of citizens and public organizations (associations) in the field of environmental impact assessment. Public Ecological Expertise
Art. 19. The rights of citizens and public organizations (associations) in the field of environmental impact assessment
1. Citizens and public organizations (associations) in the field of environmental impact assessments have the right to:
... Propose to hold in accordance with the federal law of public environmental impact assessment of economic and other activities, which affect the environmental interests of people living in the territory;
Art. 20. Public Ecological Expertise
Public ecological expertise is organized and conducted at the initiative of citizens and public organizations (associations), as well as on the initiative of local government social organizations (associations), the main focus of which, in accordance with their charters is to protect the environment, including the organization and conduct environmental expertise, and registered in the manner prescribed by the laws of the Russian Federation.
Art. 22. A public environmental review
1. Public environmental assessments carried out before the state ecological examination or simultaneously with it.
2. Public environmental assessments can be conducted independently of the state ecological examination of the same objects environmental impact assessment.
3. Civil Society Organizations (association), carrying out public environmental impact assessment in accordance with this federal law, are entitled to: receive information from customer records to be environmental review, in the amount stipulated in Article 14, paragraph 1 of this Federal Law;
familiarize themselves with legal and technical documentation, which establishes requirements for the state ecological examination;
participate as observers, through their representatives in the meetings of expert committees state ecological expertise and participate in their deliberations the findings of public environmental review.
Art. 25. The conclusion of public environmental impact assessment ... 2. Conclusion public environmental review becomes legally binding after the approval of a specially designated public authority in the field of environmental impact assessment. ... 4. Findings of public environmental impact assessment can be published in the media, referred to the local government, the state ecological expertise, customers documents to be public environmental review, and other interested parties. Chapter VII. Responsibility for violation of Russian law on environmental review
Art. 30. The types of violations of Russian law on environmental review
Violations of laws of the Russian Federation on Environmental Review customer Documentation, subject to environmental review, and interested persons are: 1) failure to documentation on environmental impact assessment;
2) falsification of materials, information and data submitted for environmental assessment, as well as information on the results of its holding;
... 4) obstruction of the organization and conduct environmental impact assessments;
5) failure to provide specific public authorities in the field of environmental review and public organizations (associations), organizing and carrying out environmental impact assessment, required materials, information and data;
6) the realization of the facility without environmental impact assessment of the positive conclusion of the state ecological examination;
7) The implementation of economic and other activities not related documentation, which received a positive conclusion, the state ecological examination.
... Violations of Russian law on environmental review banking organizations, their officials, other entities, as well as citizens are financing and lending to the implementation of environmental impact assessment of the facility without a positive opinion of the state ecological examination.
Art. 31. Criminal responsibility
The perpetrators of violations of Russian law on environmental review or in violation, resulting in serious direct or indirect environmental and other consequences, bear criminal responsibility in accordance with the Criminal legislation of the Russian Federation.
Art. 32. Administrative responsibilities
The perpetrators of violations ... this federal law if they do not entail criminal liability involved in administrative responsibility under the Code of the Russian Federation on Administrative Violations (N 195-FZ - 2001)

The RF Law «On protection of the environment» (№ 7-FL)
Art. 37. Requirements for environmental protection in the construction and reconstruction of buildings, structures, buildings and other facilities
1. Construction and renovation of buildings, structures, equipment ... shall be approved projects with positive state ecological examination, in accordance with the requirements of environmental protection, as well as sanitary and building requirements, rules and regulations;
2. Prohibited the construction and renovation of buildings, structures, buildings and other facilities before approving projects ... as well as changing the approved projects to the detriment of the requirements for environmental protection.
Art. 32. Carrying out environmental impact assessment
1.Otsenka impact on the environment is carried out against the planned economic and other activities that may have a direct or indirect impact on the environment, regardless of organizational and legal forms of ownership entities economic and other activities
2. Environmental impact assessment is carried out in all pre alternatives, including pre-and design documentation justifying the planned economic and other activities involving public associations ...

Code of Administrative Offenses (№ 195 - FL).
Art. 8.1. Failure to comply with environmental requirements in the planning, feasibility studies, design, placement, construction, reconstruction, operation, maintenance businesses, buildings or other objects
Failure to comply with environmental requirements in the planning, feasibility studies, design, placement, construction, reconstruction, operation, maintenance businesses, buildings or other objects - involves the imposition of administrative fines on citizens ranging from three to five times the minimum wage; to Officials - from five to ten minimum wages, legal persons - from fifty to one hundred minimum wage.
Art. 8.4. Violation of the law on environmental review
1. Failure to comply with the requirements of the law requiring the state ecological expertise, funding or projects, programs and other documentation for the state environmental review and have not received a positive opinion of the state ecological examination - involves the imposition of administrative fines on citizens ranging from ten to fifteen minimum wage ; The officials - from thirty to fifty minimum wage, legal persons - from four to five hundred minimum wage.
2. Implementation of activities not related documentation, which received a positive opinion of state ecological expertise - involves the imposition of administrative fines on the citizens of between fifteen to twenty minimum wages, the officials - from thirty to fifty minimum wage, legal persons -- from four to five hundred minimum wage.



Опубликовано: 04.01.2009
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