Russian Environmental Impact Assessment: State Environmental Expert Review (Gosudarstvennaya Ekologicheskaya Ekspertiza)
Environmental impact assessment in Russia is governed by the Federal Law on Environmental Expert Review (No. 174-FZ of 23 November 1995) and the Federal Law on Environmental Protection (No. 7-FZ of 10 January 2002). The Russian system comprises two interrelated processes: the environmental impact assessment (OVOS — Otsenka Vozdeystviya na Okruzhayushchuyu Sredu) conducted by the project proponent, and the State Environmental Expert Review (Gosudarstvennaya Ekologicheskaya Ekspertiza, GEE) conducted by the competent state authority. The OVOS-GEE framework is a distinctive feature of Russian environmental law, combining elements of the Western EIA model with the Soviet tradition of state expert review.
The State Environmental Expert Review (GEE)
The State Environmental Expert Review is the central element of the Russian environmental assessment system. Governed by Federal Law No. 174-FZ, the GEE is a mandatory review of planned economic and other activities for compliance with environmental requirements and for the admissibility of the implementation of the object of the expert review. The GEE is conducted by the Federal Service for Supervision of Natural Resource Use (Rosprirodnadzor) at the federal level and by the authorised bodies of federal subjects at the regional level. The expert review is conducted by expert commissions formed by the competent authority, comprising internal experts and external specialists with relevant expertise. The expert commission reviews the materials submitted by the project proponent — including the OVOS materials, the project documentation, and the results of public consultations — and issues a conclusion (zaklyucheniye GEE) that is either positive (the project complies with environmental requirements and may proceed) or negative (the project does not comply and may not proceed). A negative GEE conclusion may be challenged in court, but while the challenge is pending, the project may not proceed. The GEE is mandatory for a wide range of activities, including projects that may have a significant impact on the environment, projects in specially protected natural areas, and projects requiring the use of natural resources.
Environmental Impact Assessment (OVOS)
The environmental impact assessment (OVOS) is conducted by the project proponent (the developer) as part of the project preparation process. The OVOS procedure is regulated by the Regulation on the Assessment of Environmental Impact of Planned Economic and Other Activities in the Russian Federation, approved by Order of the State Committee for Environmental Protection No. 372 of 16 May 2000. The OVOS procedure includes: identification of the planned activity and its alternatives; analysis of the state of the environment in the area of the planned activity; identification of possible environmental impacts; assessment of the significance of the impacts; development of measures to prevent, reduce, or compensate for negative impacts; and preparation of the OVOS materials. The OVOS process includes public participation, including the publication of information about the planned activity in the official media, public consultations, and the consideration of public comments. The results of the OVOS are documented in the OVOS materials, which are submitted as part of the project documentation for the GEE.
Public Participation
Public participation in the environmental assessment process is guaranteed by the Federal Law on Environmental Protection and the Federal Law on Environmental Expert Review. The public has the right to participate in the OVOS process, to submit comments and proposals, and to participate in public hearings. The project proponent is obliged to inform the public about the planned activity, the OVOS procedures, and the results of the OVOS, and to consider public comments in the OVOS materials. The public also has the right to initiate a public environmental expert review (obshestvennaya ekologicheskaya ekspertiza), which may be conducted by public organisations (environmental NGOs) registered in the established procedure. The public environmental expert review is conducted independently of the GEE, and its conclusions are of a recommendatory nature. In practice, the effectiveness of public participation in environmental assessment has been limited by the restricted access to information, the short periods for public comment, and the limited influence of public opinion on project decisions, particularly for large industrial and infrastructure projects.
Rosprirodnadzor Enforcement
The Federal Service for Supervision of Natural Resource Use (Rosprirodnadzor) is the primary enforcement authority for environmental assessment legislation. Rosprirodnadzor conducts inspections of compliance with the OVOS and GEE requirements, including the completeness and accuracy of OVOS materials, the implementation of GEE conclusions, and compliance with environmental conditions set by the expert review. Rosprirodnadzor has the authority to issue warnings, impose administrative fines, suspend operations, and apply to court for the suspension or termination of activities carried out without a positive GEE conclusion or in violation of GEE conditions. Administrative liability for violations of environmental assessment requirements is established by Article 8.4 of the KoAP RF (Code of Administrative Offences), which provides for fines of up to 250,000 rubles for officials and up to 500,000 rubles for legal entities, or suspension of activity for up to 90 days. Rosprirodnadzor enforcement has been active in cases involving major industrial projects, waste management facilities, and infrastructure projects, though critics have noted that enforcement is often weaker for state-supported projects.
Environmental Impact of Major Projects
The environmental assessment framework has been applied to numerous major projects in Russia, with mixed results. The Sakhalin-2 oil and gas project was subject to significant environmental controversy, with allegations of violations of the environmental assessment requirements and adverse impacts on the grey whale population. The project was ultimately approved after revisions to the project design and the imposition of environmental conditions. The construction of the Olympic facilities for the 2014 Sochi Winter Olympics was criticised for violations of environmental assessment requirements, including the construction of facilities in the buffer zone of the Caucasus Biosphere Reserve. The development of Arctic offshore oil and gas projects has raised environmental assessment challenges related to the sensitivity of the Arctic environment, the limitations of the OVOS methodology for Arctic conditions, and the adequacy of public participation for indigenous communities. The court-ordered suspension of the construction of the Shies railway terminal in Arkhangelsk Region (2019) demonstrated the potential effectiveness of public interest litigation to enforce environmental assessment requirements.
Judicial Review of Environmental Assessments
Decisions and conclusions of the environmental assessment authorities may be challenged in court. Interested parties — including project proponents, public organisations, local authorities, and citizens — may apply to the courts of general jurisdiction or the arbitration courts (depending on the nature of the dispute) for judicial review of GEE conclusions, Rosprirodnadzor enforcement actions, or the adequacy of OVOS procedures. The Supreme Court has provided guidance on the application of the environmental assessment legislation, including the requirement that GEE conclusions be based on complete, reliable, and objective information; that public participation procedures be observed; and that negative GEE conclusions be based on a proper assessment of environmental risks. The courts have generally deferred to the expert judgment of the GEE commissions while reviewing the procedural compliance of the assessment process. The limited availability of environmental data, the complexity of environmental assessment methodology, and the cost of expert evidence create practical barriers to effective judicial review.
Significance
The Russian environmental impact assessment system combines mandatory state expert review with public participation mechanisms. The OVOS-GEE framework provides a formal structure for the assessment of environmental impacts before project approval. The system has contributed to the environmental review of major projects and has provided opportunities for public participation. The effectiveness of the system is limited by the restricted access to information, the influence of economic and political interests on the assessment process, the limited capacity of enforcement authorities, and the barriers to effective public participation and judicial review. The reform of the environmental assessment system — including proposals to consolidate the GEE with the construction expert review (gosudarstvennaya ekspertiza proyektnoy dokumentatsii) — has been debated but not implemented, preserving the distinctive two-component structure of Russian environmental assessment.