Problems of environmental impact regulation in Russian legislation

Abstract

The regulation of environmental impact is the main tool for control and prevention of negative environmental consequences on economic activity. The changes made to Russian legislation in recent years are aimed at improving the rationing mechanism by using the best available technologies (BAT). Along with the use of BAT in the transition period, the previous procedure of regulation of environmental impact is also assumed. Despite the positive trends in the development of regulation, the legislation has not solved a number of problems related to the regulation of emissions and discharges of pollutants. The author considers problems such as, in particular, the existence in the legislation of several lists of pollutants subject to regulation for various purposes: environmental protection; human health (sanitary regulation); protection of aquatic biological resources. It is necessary to clarify the ratio of these lists and their application. Another problem raised in the article is the absence of a legally fixed formula for calculating the standards of permissible impact on the environment, the indicators taken into account in this case and the means for determining them. The author draws attention to the fact that the requirements for impact regulation are addressed to persons operating stationary (“point”) sources of emissions and discharges of pollutants. Similar requirements are not provided for pollution from so-called diffuse sources of negative impact on the environment.