Russian Environmental Law

Constitutional Foundations

Russian environmental law is anchored in the Constitution of the Russian Federation (1993). Article 42 guarantees the right of every person to a favourable environment (благоприятная окружающая среда), reliable information about its condition, and compensation for damage caused to health or property by environmental violations. Article 58 establishes a constitutional duty for every person to preserve nature and treat natural wealth with care. The Constitutional Court has interpreted these provisions as imposing objective obligations on the state to implement environmental protection measures and to balance environmental protection with economic development. The constitutional status of environmental rights enables citizens and public organisations to seek judicial protection of their environmental interests.

The Legislative Framework

The Federal Law on Environmental Protection No. 7-FZ of 2002 is the framework statute. Sectoral legislation includes the Water Code (2006), Forest Code (2006), Land Code (2001), the Federal Law on Subsurface Resources (1992), the Federal Law on Production and Consumption Waste (1998), the Federal Law on Atmospheric Air Protection (1999), the Federal Law on Ecological Expertise (1995), and the Federal Law on Specially Protected Natural Territories (1995).

Principles of Environmental Protection

The 2002 Law codifies principles including sustainable development, the precautionary principle (prohibiting activities with unpredictable environmental consequences), the polluter pays principle, priority of natural ecosystem conservation, and public participation in environmental decision-making.

Ecological Expertise

The state ecological expertise (государственная экологическая экспертиза) is a distinctive institution of Russian environmental law, analogous to but distinct from EIA as understood in Western systems. Established by the Federal Law on Ecological Expertise of 1995, it is a mandatory pre-project review of proposed activities for compliance with environmental requirements. The review is conducted by an expert commission appointed by the federal environmental authority (Rosprirodnadzor) and assesses all planned activities, including construction projects and territorial planning documents. A positive conclusion is a precondition for project implementation and financing, and violations render the activity unlawful and subject to suspension.

Best Available Technologies and Environmental Permitting

The 2014 reforms introduced best available technologies (наилучшие доступные технологии, НДТ) , aligning Russian law with international standards modelled on the EU’s BAT approach. The integrated environmental permit (комплексное экологическое разрешение) replaces multiple separate permits for Category I facilities (those with significant negative environmental impact), setting technology-based standards derived from НДТ reference documents, emission limits for pollutants, and waste generation standards, representing a shift from the previous ambient quality standards approach.

Air Emissions and Water Discharges

The Federal Law on Atmospheric Air Protection establishes ambient air quality standards for pollutants and requires that emissions from stationary sources not exceed maximum permissible emissions (предельно допустимые выбросы, ПДВ) . Sources must obtain permits specifying emission limits, and facilities exceeding limits must develop emissions reduction plans with timelines for compliance.

The Water Code requires water use permits for water abstraction and the discharge of pollutants into water bodies. Discharge permits set maximum permissible discharge limits (предельно допустимые сбросы, ПДС) based on the assimilative capacity of the receiving water body. The Code establishes zones of sanitary protection for drinking water supply sources, within which economic activities are restricted or prohibited.

Waste Management

Waste is classified into five hazard classes. The law establishes a waste hierarchy prioritising prevention over disposal. Extended producer responsibility requires producers to manage product end-of-life or pay an environmental fee. The 2019 reform introduced regional operators (региональные операторы) for solid municipal waste, appointed competitively to organise collection, transport, treatment, and disposal.

Liability for Environmental Damage

Environmental liability operates through administrative, civil, and criminal mechanisms. Compensation for environmental harm is calculated according to established methodologies based on resource type, contamination extent, and restoration costs, with recovery of actual costs where methodologies are absent. Criminal liability under Chapter 26 of the Criminal Code covers offences including industrial environmental violations (Article 246), water pollution (Article 250), atmospheric pollution (Article 251), illegal logging (Article 260), and habitat destruction for Red Book species (Article 259).

Specially Protected Natural Areas

Russia maintains an extensive system of specially protected natural areas (ООПТ) . Strict nature reserves (заповедники) are the most protected, excluding all economic activity and public access except for scientific research. National parks combine conservation with regulated recreation. Wildlife refuges (заказники) protect specific complexes or species with limited permitted use. The заповедники represent a distinctive contribution to global conservation, predating the IUCN model and emphasising complete exclusion of human interference.