5.3 The system of state environmental supervision
5.3 The system of state environmental supervision
In 2011, according to the Federal law № 242-FL of July 18, 2011 «On the introduction of changes to the separate legislation acts of the Russian Federation on the issues of exercising state control (supervision) and municipal control» changes were introduced to article 65 «State environmental supervision» of the Federal law №7-FL of January 10, 2002 «On environmental protection» [6].
According to the new edition, the objective of environmental supervision is the organization and conducting of checks, adopting measures stipulated by the legislation for prevention and (or) annihilation of consequences of violations, and systematic observations of compliance with the compulsory requirements.
State ecological supervision includes:
- state supervision of geological research, rational use and protection of mineral resources;
- state supervision in the area of land use;
- state supervision in the area of waste management;
- state supervision in the area of atmospheric air;
- state supervision in the area of use and protection of water objects;
- state ecological supervision on the continental shelf of the Russian Federation;
-state environmental supervision in the domestic sees and territorial waters;
-state environmental supervision in the exclusive ecological zone of the Russian Federation;
- state environmental supervision in Lake Baikal protection;
- federal state forest supervision;
-federal state supervision in the area of protection, reproduction and use of animal world resources and their habitats;
-federal state supervision in the area of fishing and protection of aquatic bio-resources;
-federal state hunting supervision;
- state supervision in the area of protection and use of specially protected natural territories.
According to Article 19 «State ecological supervision in the area of Lake Baikal protection» of the Federal law № 94-FL of May 1, 1999 «On protection of Lake Baikal», state environmental supervision is performed by the federal bodies of executive power and the bodies of executive power of the Republic of Buryatia, Zabaikalsky Krai and Irkutsk Oblast, based on the legislation of the Russian Federation and the legislation of the respective federation subjects [4, 6].
In 2013, the number of enterprises under state environmental supervision slightly reduced. There were 551 enterprises (623 in 2012) within Lake Baikal Natural Territory, including 171 (195 in 2012) within the central ecological zone, 101 (112 in 2012) within the zone of atmospheric impact, and 279 (316 n 2012) within the buffer zone. Within Lake Baikal basin there were 511 enterprises. In total, within Lake Baikal Natural Territory there were 2847 units under environmental supervision, among them 1459 in the Republic of Buryatia, 767 in Irkutsk region and 621 in Zabaikalsky Krai.
In 2012-2013, the federal environmental supervision included 727 inspections (416 in 2012) within Lake Baikal Natural Territory with the purpose of enforcing environmental legislation, including:
- state supervision of geological research, rational use and protection of mineral resources – 116 inspections (62 in 2012);
- state supervision of land use – 124 inspections (71 in 2012);
- state supervision in the area of waste management – 184 inspections (109 in 2012);
- state supervision in the area of atmospheric air – 132 inspections (74 in 2012);
- state supervision in the area of use and protection of water bodies – 126 inspections (68 in 2012);
- federal state supervision of forestry within specially protected natural territories – 23 inspections (11 in 2012);
- state supervision in the area of use and protection of specially protected natural territories – 19 inspections (21 in 2012).
As a result of the inspections, 619 violations were identified in 2013, which was 61% more than was recorded in 2012 (385 violations). In 496 violation cases, precepts and fines were issued amounting to 12002.8 thousand rubles (6931 thousand rubles in 2012). 6576.6 thousand rubles of fines were paid (4132 thousand rubles in 2012). 237 individuals were called to administrative responsibility (186 individuals in 2012).
In 2013, 639 inspections were conducted within the frameworks of regional environmental supervision, the number was 20% less than that in 2012 (794 inspections). The number of identified violations was 599, which was 48% less than in 2012 (1144 violations). In 401 violation cases, legal percepts and fines were issued amounting to 10214 thousand rubles (9 075.4 thousand rubles in 2012), 5 183 thousand rubles of which (5 083.4 thousand rubles in 2012) were paid. 485 individuals (765 individuals in 2012) were called to administrative responsibility.
In 2012-2013, state control over domestic water transport was performed by East-Siberian branch of the state river supervision service of Rostransnadzor. During the navigation period of 2012-2013, inspections of 169 vessels (161 vessels in 2012) on Lake Baikal were conducted and 642 violations (430 in 2012) of safety standards were identified. 95 percepts (68 in 2012) ordering rectification of the violations were issued, 27 vessels were banned from operating until the violations are eliminated; 14 legal entities and 20 officials (108 in 2012) were fined for a total of 1 054800 rubles (175 200 rubles in 2012).
