The Procedure for Determining the Accumulated Harm to the Environment
- Authors: Sagitov S.M.1
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Affiliations:
- Russian State University of Justice, Kazan Branch
- Issue: Vol 18, No 4 (2022)
- Pages: 48-52
- Section: Articles
- URL: https://journals.eco-vector.com/2541-8025/article/view/531853
- ID: 531853
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Abstract
The goal is to identify legal features in determining the accumulated environmental damage in accordance with Russian legislation. The author analyzed the theoretical and normative approaches to this issue. The author compared the concepts of «accumulated harm to the environment» and «environmental harm» on the basis of the current legislation. Conclusions: The author notes a mismatched approach to the concept of accumulated environmental damage. This is due to the ambiguity of environmental-legal and administrative-legal norms. The procedure for determining this harm depends on the discretion of the executive authorities that are authorized to organize work to identify and assess it. The specification of signs of such harm is limited, on the one hand, by the general requirements of federal law. On the other hand, they all depend on each case of environmental pollution.
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About the authors
Sergey M. Sagitov
Russian State University of Justice, Kazan Branch
Email: smsagitov@mail.ru
Cand. Sci. (Law), Associate Professor, Associate Professor of the Department of Civil Procedure Law Kazan, Russian Federation
References
- Bagautdinova S.R. Legal regulation of the procedure for identifying objects of accumulated harm to the environment: the experience of the regions. Ecological Law. 2020. No. 1. pp. 40-42.
- Gafarov N.R. Legal procedure for identifying and assessing the negative impact from objects of accumulated harm to the environment. Agrarian and land law. 2020. No. 8 (188). pp. 58-60.
- Gafarov N.R. Lawful harm to the environment in the paradigm of the ecological imperative. Bulletin of the Institute of Law of the Bashkir State University. 2022. No. 2 (14). pp. 60-66.
- Egorova D.A. Institute of accumulated harm to the environment: Russian and foreign experience. Economics and business: theory and practice. 2019. No. 11-1 (57). pp. 163-166.
- Ignat'eva I.A. Issues of determining a set of measures that ensure the elimination of accumulated harm to the environment. Ecological Law. 2020. No. 1. pp. 21-23.
- Kanina YU.S. Institute of Compensation for Harm Caused by Ecological Crime: Some Problems of Implementation at the Federal and Regional Levels. State Legal Research. 2019. No. 2. pp. 69-72.
- Kuznecova N.I., SHkele M.V. Ecological harm and socially dangerous consequences of environmental crimes. Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia. 2019. No. 2 (82). pp. 161-169.
- Mazitova A.I. Carrying out engineering and environmental surveys to assess the accumulated harm to the environment. In the collection: Engineering and environmental surveys-legal framework, modern methods and equipment. Materials of the All-Russian scientific-practical conference. Moscow, 2020. pp. 27-33.
- Majorova E.I. Complexity of the methodological approach to the expert calculation of «environmental harm». In the collection: Theory and practice of forensic science in modern conditions. materials of the VIII International Scientific and Practical Conference. Moscow, 2021. pp. 180-185.
- Malahova YU.V. Evaluation of objects of accumulated harm to the environment for the environmentally sound development of new natural gas fields. Science and technology in the gas industry. 2020. No. 3 (83). pp. 79-84.
- Marchuk V.V. Ecological harm as a consequence of a crime against environmental safety and the natural environment. Questions of Criminology, Criminalistics and Forensic Science. 2010. No. 1 (27). pp. 17-26.
- Ryzhenkov A.YA. On the need to eliminate objects of accumulated environmental damage for Russia's transition to a «green» economy. Actual problems of Russian law. 2022. Vol. 17. No. 3 (136). pp. 160-169.
- Sibgatullina G.M. The concept and content of the constitutional right to engage in economic activity in the Russian Federation. Business Security. 2021. No. 5. pp. 3-7.
- Sojnikov M.A. Compensation for harm caused by environmental crimes: procedural aspects. Ecological law. 2019. No. 5. pp. 22-26.
- Strancov A.A. Problems of qualification of harm in environmental crimes. Civil society and the rule of law. 2013. Vol. 2. pp. 98-99.
- Sharno O.I. Certainty and legal qualification of environmental damage. State legal studies. 2021. No. 4. pp. 326-331.
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