Проблема разграничения компетенции федеральных и региональных органов государственного экологического контроля(надзора)

Abstract

Introduction. The article is devoted to the problem of delimitation of competence for carrying out control and supervisory activities vertically – between federal and regional executive authorities that implement the function of environmental control (supervision). Theoretical analysis. The delimitation of the powers of federal and regional authorities in the field of state environmental control (supervision) is rather vague. The transfer of a large amount of such powers has led to the complication of the system of state environmental control (supervision). The objects of regional state environmental supervision are determined according to the residual principle without the mandatory fixing their list. At the same time, the legislation does not provide for the possibility of transferring the powers of regional executive authorities in the field of environmental protection to federal authorities. Empirical analysis. In practice, there is often duplication of control and supervision powers in the environmental sphere between federal executive authorities and executive authorities of the constituent entities of the Russian Federation, as well as local governments, which negatively affects their performance. In the constituent entities of the Russian Federation there are no specialized bodies exercising the implementation of the powers transferred by the Russian Federation. Results. It is concluded that there is no effective interaction between environmental control (supervision) bodies at all levels of government due to insufficient regulation of this issue in the legislation. In order to eliminate legal conflicts, simplify the interaction between subjects, the article substantiates the necessity of adoption of the Federal Law “On Environmental Control (Supervision)”; development and adoption of administrative regulations for the interaction of federal and regional environmental control (supervision) bodies; conclusion of agreements on the “reverse delegation” of powers from the executive authorities of the constituent entities of the Russian Federation to the federal bodies of state environmental control (supervision).