EURO-ECO 2010

Hanover

2 - 3 Dezember 2010

Environmental, Engineering - Economic and Legal Aspects for Sustainable Living

European Academy of Natural Sciences, Hanover

European Scientific Society, Hanover

University of Bremen, Bremen

Vitaly Burkovskiy THE SITUATION WITH THE IMPLEMENTATION OF CIVIL RIGHT TO A FAVORABLE ENVIRONMENT IN RUSSIA
Yelets Branch of the Russian New University, Yelets, Lipetsk Region, Russia

Russian citizens’ right to a favorable environment is guaranteed by federal and regional legislation. Article 42 of the Constitution of the Russian Federation vests this right, it also guarantees the right to reliable information about environmental conditions, the right to compensation for damages to health and property caused by ecological offences. In 2002 the Ecological Doctrine of the Russian Federation was adopted. Ecological rights are also reflected in federal laws “On Environmental Protection”, “On Sanitary and Epidemiological Welfare of the Population”, “On Environmental Expertise” and some others.

At the same time, the right to a favorable environment is most often infringed. Some rights are not exercised, such as the right to compensation for damages caused by ecological offences; to up-to-date and reliable information about the environment; the right to post-conviction remedies etc. The main rights violators are business entities and even environmental and sanitary-epidemiological agencies. The state didn’t manage to implement the principle of the inevitability of punishment for economic offenses.

The existing Russian legislative basis in principle makes it possible to influence on the government decisions. At the same time, Russian citizens are not informed enough about their ecological rights. Thus in 2002 there were compulsory ecological education standard acts only in 16 subjects of the Russian Federation.

A striking example of civic ecological rights violation in Russia was the failure of the all-Russian environmental protection referendum in 2000. The right for ecological information is sometimes limited by a reference to the necessity of state secrets protection. Consequently many ecological offences remain unpunished. A number of civic rights were violated by the decision to import spent nuclear fuel to Russia (2 thousand tons and 550 cubic meters of highly toxic nuclear wastes). There wasn’t necessary technical control for the work with spent nuclear fuel and transparent ecological expenses plan, which could guarantee proper use of the funds raised in Russia.

Many aspects of civic ecological rights implementation depend on the Executive Branch. However, we may face there ecological incompetence, ignorance and adventurism. Besides, some executive officials are easily lobbied by businessmen. They also put obstacles in the way of public participation in decision making and implementation process. Interpenetration of crime and officialdom took place in some branches of nature management. The judicial system depends on executive authorities and there are some reasons for it to allow some environmental violations in particular cases. Thus, there is an obvious gap between declared by the Constitution and legislation ecological civic rights and their practical implement. Among all others reasons for such a situation, the increasing of responsibility for authorities and officials making decisions, concerning the environment, assumes key significance.