Class 3 Environmental rights and duties

1. Class 3 Environmental Rights and Duties

Lecturer: Mikhail Sergeevich Permilovskiy, Docent
of the Department of International Law and Comparative
Jurisprudence, Higher School of Economics, Management
and Law, NARFU

2. Class 3 Environmental rights and duties

1. Environmental rights
2. Environmental duties.
3. Guarantees for the realization of
environmental rights.
4. Protection of environmental rights.

3. 1. Environmental rights

Proclamation, realization and protection of
environmental rights help to involve the community
in environmental protection, stimulate the activity of
the state, strengthen the authority of Russia in the
international community.
Have the right means the possibility:
to perform certain actions;
to use a certain social good;
to demand fulfillment of the actions of others
to apply to the court for the protection of the violated
right.

4. The Constitution recognizes the environmental rights:

to a favorable environment,
reliable information about its condition and
compensation for damage caused to health or property
by ecological violations (Article 42),
to work in conditions that meet safety and health
(Article 37)
on health care and medical assistance (Article 41)
others

5. Groupes of the environmental rights

A. Rights, aimed to satisfy
human needs from nature
resources
B. Rights, aimed to protect
health from the adverse
impacts of the
environment
C. The rights as a means of
ensuring of observance and
protection of the rights to a
healthy environment and
health from the adverse
impacts of the environment
D. The ownership of natural
resources

6. A. Rights, aimed to satisfy human needs from the resources of nature

to a healthy environment,
to natural resources,
to a healthy living environment
others

7. The right to a healthy environment

It is one of the basic natural rights.
It describes the state of the environment, quality
of life, work, rest, corresponding to certain
environmental, sanitary-epidemiological, hygienic
standards.
Enabling environment - environment of a
quality that ensures stable functioning of natural
ecological systems, natural and natural-man-made
objects.

8. The right to a healthy environment

The environment is favorable, if it meets the
standards relating to:
purity (uncontaminated)
resource consumption (inexhaustible)
environmental sustainability,
species and landscape diversity, aesthetic wealth,
preservation of the unique (sights) of natural
objects,
preservation of natural ecological systems,
use of nature, taking into account the allowable
environmental and technological risks.

9. The right to a healthy environment

Measures that contribute to the realization of
this right:
Environmental quality standards and emission
limit values of harmful effects on the environment,
Regulations on the use (withdrawal) of natural
resources,
Establishment of specially protected natural
territories and objects, recreational and other areas
and the establishment of the law of their legal
regimes,
others.

10. B. Rights, aimed to protect health from the adverse impacts of the environment

to health protection (Article 41 of the
Constitution)
to work in conditions that meet safety
requirements (Article 37 of the Constitution)
to radiation safety and the information
about it (Article 22 of the Federal Law "On
Radiation Safety")
others

11. Article 8 of the Law 1999 "On the sanitary-epidemiological welfare of the population," says that a man has the right to:

Article 8 of the Law 1999 "On the sanitaryepidemiological welfare of the population,"
says that a man has the right to:
a favorable living environment which factors do not
harmful effects on human;
get in the bodies of governance and oversight, in the
organizations, the information about the
epidemiological situation, the state of the environment,
quality and safety of products for industrial purposes,
food, goods for personal and domestic use, the potential
risks to human health of the work and services provided;
contribute to the authorities, supervisory bodies, the
proposal for a sanitary and epidemiological welfare of the
population;

12. Article 8 of the Law 1999 "On the sanitary-epidemiological welfare of the population," says that a man has the right to:

Article 8 of the Law 1999 "On the sanitaryepidemiological welfare of the population,"
says that a man has the right to:
apply to the authorities of the federal state sanitary and
epidemiological supervision because of the violations of
the requirements of sanitary legislation, creating a threat
of harm to human life, health, environmental damage
and threat to the sanitary-epidemiological welfare of the
population;
to full compensation for harm caused to their health or
property as a result of violations of other people,
businesses and organizations, as well as in the
implementation of sanitary and anti-epidemic
(preventive) measures.

13. C. The rights as a means of ensuring of observance and protection of the rights to a healthy environment and health from the

adverse impacts
of the environment
to accurate information about the state of the
environment;
compensation for damage to human health or property
by an environmental offense;
protection of the environment from the negative
impacts caused by economic or other activities,
natural disaster or man-made disasters;
compensation for the harm the environment,
others.

14. C. The rights as a means of ensuring of observance and protection of the rights to a healthy environment and health from the

adverse impacts
of the environment
Right to accurate information about the state of the
environment (Art. 42 of the Constitution) is exercised
with difficulty.
Reasons:
its spraying on authorities,
weak legal liability for its concealment, incomplete,
non-issuance,
the passivity of the authorities…

15. C. The rights as a means of ensuring of observance and protection of the rights to a healthy environment and health from the

adverse impacts
of the environment
Right to compensation for damage caused to the
health or property by ecological violations is also
rarely implemented (the difficult provability causal
link between the offense and the come with negative
consequences and other reasons)

16. C. The rights as a means of ensuring of observance and protection of the rights to a healthy environment and health from the

adverse impacts
of the environment
Article 11 of the Law on Environmental Protection has
established other rights of this group:
to establish non-profit organizations operating in the field of
environmental protection;
to apply to the authorities, other organizations and officials for
timely, complete and accurate information about the state of the
environment in the places of residence, measures for its protection;
to take part in meetings, rallies, demonstrations, marches and
pickets, collecting signatures for petitions, referendums on issues of
environmental protection and other promotions, not contrary to law;

17. C. The rights as a means of ensuring of observance and protection of the rights to a healthy environment and health from the

adverse impacts
of the environment
Article 11 of the Law on Environmental Protection has
established other rights of this group:
to apply to the authorities and other organizations with
complaints, requests and proposals on matters relating to
environmental protection, the negative impact on the
environment and to receive timely and meaningful answers;
to make proposals for the public environmental expertise
and participate in its conduct;

18. C. The rights as a means of ensuring of observance and protection of the rights to a healthy environment and health from the

adverse impacts
of the environment
Article 11 of the Law on Environmental Protection has
established other rights of this group:
to assist the authorities in matters of environmental
protection;
to require the adoption of measures for the protection of
the environment and, if necessary to appeal to the courts (in
the case of poor, illegal actions or inaction of the officials) ;
other rights.

19. Environmental organizations carry out shares, carry out self-defense more effectively, have an impact on public policy, form a

Environmental organizations carry out shares, carry out selfdefense more effectively, have an impact on public policy,
form a mass ecological culture and have a set of rights:
develop, promote and implement programs in the field of
environmental protection, to protect the rights and
legitimate interests of the people in this area, attract
volunteers to activity in the field of environmental
protection;
implement and promote activities in the field of
environmental protection, restoration of natural resources,
environmental security;
assist the authorities in matters of environmental
protection;
organize meetings, rallies, demonstrations, marches and
pickets, collecting signatures for petitions and participate
in such activities, and make proposals for a referendum and
to discuss projects related to environmental protection;

20. Environmental organizations carry out shares, carry out self-defense more effectively, have an impact on public policy, form a

Environmental organizations carry out shares, carry out selfdefense more effectively, have an impact on public policy,
form a mass ecological culture and have a set of rights:
apply to the authorities, organizations and officials for the
timely, complete and accurate information about the
environment, about the measures for its protection, on the
circumstances and the facts of economic and other
activities that endanger the environment, life, health and
property;
participate in making economic and other decisions, the
implementation of which could have a negative impact on
the environment, life, health and property;
apply to the authorities with complaints, statements,
claims and suggestions and to receive timely and
meaningful answers;

21. Environmental organizations carry out shares, carry out self-defense more effectively, have an impact on public policy, form a

Environmental organizations carry out shares, carry out selfdefense more effectively, have an impact on public policy,
form a mass ecological culture and have a set of rights:
organize and conduct a hearing on the design and placing of the
objects, which economic and other activities could harm the
environment, endanger the life, health and property;
organize and conduct public ecological expertise;
recommend their representatives to participate in the state
ecological expertise;
submit to the authorities and the court appeal against the
decision on the design, location, construction, reconstruction,
operation of facilities, which economic and other activities may
have a negative impact on the environment, on the limitation,
suspension or termination of economic and other activities;
make claims for compensation for damage to the environment;
other rights.

22. 2. Environmental duties

Everyone’s duty to preserve nature and the
environment, and care for natural resources
(Art. 58 of the Constitution )
Environmental duties of people are specified in Art. 11 of the
Federal Law "On Environmental Protection":
To preserve nature and the environment;
To take care of nature and natural resources;
To comply with environmental quality standards and other legal
requirements.
Moral duties:
To preserve and increase the natural wealth by his own labor,
continuous improvement the level of knowledge about nature, ecological
culture,
To promote environmental education of children.

23.

Duties to take effective measures to meet the
technological regime and the fulfillment of the
requirements for the protection of nature, rational land
use and reproduction of natural resources and the
environment.
Compliance with established standards of
environmental quality through the introduction of
environmentally friendly technologies and industries,
reliable and efficient operation of treatment facilities,
installations and means of control, disposal and
recycling.

24. Environmental duties are classified

a) by stages (siting, design, construction,
reconstruction, commissioning and maintenance,
preservation and liquidation of objects)
b) by type of economic activity (agriculture, with
land reclamation works, in the operation of power
plants, military and defense facilities, in cities and
other settlements, in the production and operation
of vehicles, oil and gas production facilities, the use
of radioactive materials, chemicals)

25.

Everyone has to execute the decisions of the
officials of the state environmental supervision, in
particular decisions on the limitation, suspension,
termination of the objects and any activities harmful
to the environment and supporting the potential
hazard to human health.
Everyone who is associated with the activities
that have a detrimental effect on the environment
and human health, is required to have the
necessary environmental training.

26. According to the Land Code of the Russian Federation owners of land plots, land owners, land users and tenants are obliged to:

efficient use of land in accordance with the purpose, to apply
environmental technologies, to prevent environmental
degradation in the territory as a result of its activities;
implement a set of measures for the protection of land;
timely pay land tax or rent;
not to violate the rights of others, as well as procedures for the
use of forest land, water and other natural objects;
report to the appropriate authority information on the status
and use of land;
Build in coordination with the land planning, architectural
and town-planning, fire, sanitation and environmental
authorities;
if the land is leased, build structures in accordance with the
purpose of land specified in the contract, and with the consent
of the owner.

27. 3. Guarantees for the realization of environmental rights

The guarantees of rights are economic, social and
cultural development of society, the state and legal system of
the state, activity and civil positions of citizens.
The system of the legal guarantees:
the judicial protection of rights and freedoms;
the right of appeal to the court decisions and actions (inaction) of
authorities, bodies and officials,
the right to qualified legal assistance;
the right to state compensation for damages caused by unlawful
actions (or inaction) of authorities or their officials;
the right to appeal to international bodies for the protection of the
rights and freedoms if all available domestic remedies have been
exhausted.

28. Environmental responsibilities of Russia

The state, its bodies and officials, local governments,
and their officials must be the guarantor of
environmental rights and environmental interests of
society. They have constitutional duties:
promote activities that help to promote human
health, ecological and sanitary-epidemiological wellbeing;
ensure that everyone has access to documents and
materials directly affecting his rights and freedoms,
including environmental;
compensate the harm caused by unlawful actions (or
inaction) of state authorities or their officials.

29. 4. Protection of environmental rights

Existence of mechanisms and procedures for the
protection of environmental rights is a necessary
condition that the proclaimed human rights become a
reality.
2 main forms of protection of environmental rights:
a) self-defense;
b) state protection.
- administrative procedure
- judicial procedure

30. The Law of the Russian Federation 27.04.1993 №4866-1 «On appeal against the actions and decisions that violate the rights and

freedoms of
citizens"
Administrative appeal of collective and individual actions,
decisions or inaction of state bodies, local governments,
organizations and associations, public associations and
officials, civil servants, resulting in the:
violation of the rights and freedoms;
created obstacles to the implementation of the rights and
freedoms;
illegal imposition of duties on the person or illegal
prosecution.
Higher authorities are obliged to consider the complaint
within one month.

31. Judicial procedure

The Constitution guarantees everyone the judicial
protection of his rights and freedoms (Article 46, part 1).
The right to pursue claims in court on compensation
damage to the environment (Article 11 Federal Law "On
Environmental Protection”).
Appeal is allowed if the rights, freedoms and interests of
the plaintiff are violated.
Person has no right to appeal in court against actions or
inaction that have negative environmental consequences
for society as a whole.
A complaint may be submitted by the person and his
representative, or by authorized representative of the NGO,
workforce (at the request of this person).

32. Judicial procedure

The plaintiff can choose the court: the court of the place
of residence or the court of the location of authority,
organization, official, which has violated its environmental
right.
The term of the complaint to the court is
one month from the date of receipt of written notice on
refusal in satisfaction the complaint
OR
within a month after the filing of the complaint, if a
person has not received a written response on it.
OR
three months from the date when it became aware of a
violation of his right for complaint (if there was no
administrative procedure )

33. Judicial procedure

Public authorities, local governments, institutions,
enterprises and their associations, public associations,
officials, civil servants, which actions (decisions) are
being appealed, have to present documents to prove
the legality of the contested actions (decisions).
Person must prove a violation of his rights and
freedoms.
If the complaint is justified, the court recognizes the
contested action or decision illegal, obliges to satisfy the
requirements of the person, cancels the application of
sanctions and in any other way restores his violated
rights and freedoms.
The right to apply for protection in the European
Court of Human Rights.

34. Protection of environmental rights with the help of the Human Rights Ombudsman

The Ombudsman
guarantees the state protection of the rights and freedoms of
citizens, their observance and respect by the state bodies, local
self-government and officials,
contributes to the restoration of violated rights, the
improvement of Russian legislation on the rights of man and
citizen, and bringing it into conformity with the generally
recognized principles and norms of international law, to promote
international cooperation in the field of human rights, legal
education on human rights and freedoms, forms and methods of
their protection.
Article 103 of the Constitution,
The federal constitutional law of 26.02.1997 "On the Human
Rights Ombudsman in the Russian Federation"

35. Protection of environmental rights with the help of the Human Rights Ombudsman

The Ombudsman investigates complaints about the
decisions or actions (inaction) of state bodies, local selfgovernment officials, civil servants, if the applicant
previously has appealed these decisions or actions (inaction)
of a judicial or administrative procedure, but does not agree
with the decisions taken on his complaint.
After receiving the complaint the Ombudsman may:
accept the complaint for investigation;
explain to the applicant means that he can use to protect the rights
and freedoms;
refer the complaint to a public authority, local authority or official to
resolve the complaint on the merits;
refuse to accept the complaint for consideration.

36. Protection of environmental rights with the help of the Human Rights Ombudsman

The Ombudsman has the rights during the checking of the complaint:
unrestricted access to all authorities and organizations irrespective of
their legal forms of ownership, military units, public associations;
request and receive information, documents and materials required for
consideration of the complaint;
receive an explanation of officials and civil servants, excluding judges
on issues to be clarified in the course of the complaint;
hold an audit by his own or together with the competent state bodies,
officials and civil servants;
delegate to the competent authorities to carry out expert examinations
and prepare findings on issues to be clarified in the course of the
complaint;
get acquainted with the criminal and civil cases and cases on
administrative offenses, decisions (judgments) which entered into
force.

37. Protection of environmental rights with the help of the Human Rights Ombudsman

Upon review of the complaints, the Ombudsman may:
apply to the court for the protection of the rights and freedoms violated
by decisions or actions (or inaction) of the state body, local government
body or official, as well as participate in the proceedings;
apply to the competent authorities with a request to initiate
disciplinary or administrative action or criminal proceedings against
the official whose decision or action (inaction) contain violations of the
rights and freedoms of man and citizen;
apply to the court or prosecutor's office to verify an enforceable
decision, verdict, ruling or order of the court or the judge's decision;
state his case to the official, which is entitled to make protests, as well
as to be present at the court proceedings in the order of supervision;
appeal to the Constitutional Court of the Russian Federation about the
violation of constitutional rights and freedoms of citizens by law,
applied or to be applied in a particular case.

38. Protection of environmental rights in the European Court of Human Rights

The European Convention for the Protection of
Human Rights and Fundamental Freedoms (1953)
The applicant may send a request either personally or
through a lawyer. The statement indicates:
the name of the applicant,
the government responsible for the violation,
the claim
articles of the European Convention for the Protection of
Human Rights and Fundamental Freedoms, which, according
to the applicant, have been violated
documents proving that he has exhausted all available
remedies in Russia.

39. Thank you for your attention