Reparation of Environmental Damage: Legislation Novelties

Abstract

The article is devoted to the theory and legislation in the area of reparation of environmental damage. Based on the analysis of existing theoretical approaches to the definition of "environmental damage", the current legislation in the field of compensation for environmental damage, draft federal law on amendments to certain legislative acts, as well as law enforcement practice, the authors prove the need for enshrining in the Federal Law "On Environmental Protection" of the complex concept of "harm caused to the environment", which proposes to identify not only various negative consequences for the environment, but also those possible actions that lead to the infliction of harm. In addition, the article explains the need to incorporate in the legislation of the manifold forms and ways of causing harm to the environment and formulates a conclusion that the basic definition of the harm caused to the separate parts of the environment should be contained directly in the main codified acts of natural resources legislation, and be disclosed in a statutory prices and methods of compensation for harm caused to the environment. The article also formulates a number of other findings and proposals for improving the current legislation on compensation for environmental damage, including through the use of instruments of environmental insurance, the formation of the land registry (territories), subject to reclamation by type and directions to repair the damage, the empowerment of environmental organizations.