Environmental Law in the Russian Federation

System of Environmental Management Bodies

Author(s): Aleksey Anisimov and Anatoliy Ryzhenkov

Pp: 62-96 (35)

DOI: 10.2174/9789815049169122010005

* (Excluding Mailing and Handling)


In this chapter, it is pointed out that management in the area of environmental protection lies in the domain of executive authorities of the Russian Federation and its constituent entities as well as local government bodies. These bodies aim at regulating the interaction between nature and society to ensure a favorable environmental quality. Management activity in environmental protection is carried out exclusively by state executive authorities and local government bodies. Legislative and judicial authorities do not perform any management functions. In a similar manner, public environmental associations and other legal entities are not involved in management. Despite the common goals of environmental management, every level of public environmental management (the Russian Federation, constituent entities of the Russian Federation, local government bodies) has its own level of competence. Management bodies in environmental protection can be classified according to several criteria. The main criterion is the scope of their inherent authoritative powers. According to this criterion, they are divided into general and special competence bodies. Bodies of general competence are distinguished as a special type of public authorities because decision-making in environmental protection is not their special and only function; it is performed along with the fulfillment of other management tasks. The President of the Russian Federation, the Government of the Russian Federation, executive authorities of constituent entities of the Russian Federation, and local government bodies are endowed with general competence. Bodies of special competence are state authorities that are specially authorized by the Government of the Russian Federation or the President of the Russian Federation to perform the corresponding environmental functions (the Ministry of Natural Resources and Environment, the Ministry of Internal Affairs, etc.). According to the nature of their special competence, environmental management bodies are divided into two types: interbranch and branch. Interbranch bodies perform a set of nature protection tasks concerning all (or the majority) of natural objects or types of activities; branch bodies protect the environment in certain life areas (transport, industry, power sector, defense). It is pointed out that the Federal Law “On Environmental Protection” itself does not distribute the powers among specific bodies of general or special competence. The law lists the powers of federal, regional, and local nature protection significance, and these powers are distributed inside each level of authority by other laws and bylaws. Attention is paid to environmental management functions, i.e., the main areas of activities of state executive authorities and local government bodies to ensure a favorable environmental quality and protect environmental human and civil rights (standardization, licensing, expert review, EIA). The state economic regulation of environmental protection is not less important, and it includes the establishment of the system of payments for environmental pollution, tax benefits, and other incentive payments, including measures for the support of environmental entrepreneurship.

Keywords: Authority, Classification, Constituent entities of the Russian Federation, Economic regulation, EIA, Environmental supervision, Expert review, Functions, General competence, Government, Law, Licensing, Local government bodies, Management, Ministry, Object, Powers, President, Special competence, Standardization, Record.

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