Compensation of Lawful Environmental Damage in the Russian Legal System

Summary

INTRODUCTION

Compensation for damage to the environment is one of the most important problems in environmental law. The problem of compensation for environmental damage is the subject of long-term research in Russian legal academia. Unfortunately, numerous legal studies have not yet led to the development of a unified approach towards understanding the legal institution of compensation for damage to the environment. Much less attention in the legislation and legal practice is paid to damage to the environment as lawful environmental damage. Moreover, there is a point of view that lawful damage in the field of environmental protection does not exist, and any damage to the environment implies a violation of environmental requirements. At the same time, the need to formulate a legal structure for the “lawful damage to the environment” is raised not only by legal scientists but also by practitioners, in other branches of scientific knowledge. This article discusses the concept of lawful damage to the environment, as well as how it is different from damage caused to the environment by committing an environmental offence.

“DAMAGE TO THE ENVIRONMENT” AS A CATEGORY OF LEGAL LIABILITY FOR ENVIRONMENTAL OFFENCES

The category of “environmental damage” is traditionally defined in legal literature as a result of violations of legislation in the field of environmental protection. In legal literature, compensation for environmental damage is traditionally recognised as a form of legal liability for an environmental offence, along with criminal, administrative and disciplinary liability. As a result, the elements of a civil offence include details inherent to any elements of an environmental offence: an unlawful act (act or omission); the fact of causing damage to the environment; the cause-and-effect connection between the act and causing damage; and the fault of the perpetrator.

At the same time, it can be concluded from the systematic analysis of the term “damage to the environment” in the Federal Law of 10 January 2002, No. 7-FZ, on Environmental Protection that in the federal legislation, the damage caused to the environment is not a consequence of solely committing an environmental offence.

Providing a systematic analysis of the terms used in the Federal Law on Environmental Protection (“negative impact”, “environmental pollution”, “facilities that have a negative impact on the environment”), Chapter XIV allows us to conclude that negative activities within the established standards cannot be qualified as an offence and cannot entail legal liability.