NEW ECOLOGICAL LEGISLATION OF RUSSIA - IMPORTANT STAGE OF NATIONAL ENVIRONMENTAL SAFETY ENFORCEMENT AND IN DEVELOPMENT OF THE RIGHT OF AN INDIVIDUAL FOR FAVORABLE NATURAL ENVIRONMENT.

RUSLAN BOGOLEPOV

Professor, Zhitnaya 16, Moscow, Russia, CIS

According to the new Russian ecological legislation the right of an individual for favorable natural environment, which is closely connected with the national ecological safety situation, is materialized in specific legal norms being the right of an individual for health protection against negative environmental effects. This right should be considered as one of the most important indications of the quality of human life, as a measure of the democracy of the contemporary society.

It is well known that in the former USSR the importance of environmental enforcement was often underestimated. Unfortunately the government and public opinion had not payed proper attention to ecological problems, and as a result of that shortsighted policy the national environmental situation was constantly deteriorating and sometimes we had to face serious ecological disasters in some regions (Chernobyl, the Aral and Caspian Seas, the Volga river, etc.). The right of an individual for favorable natural environment was not reliably ensured by the State and the Law.

After the victory of democratic forces and the restoration of the Russian State last year we can say that the situation is rapidly improving.

Last November the Russian Parliament approved the Declaration of Rights and Freedom of an individual and a Citizen, Article 25 of which foresees the governmental support of 'every activities having as its objective environmental enforcement and care for human health'. Ecological rights and duties of the Russian citizens are also regulated by Art. 67/6 and Art. 67/7 of the Constitution of the Russian Federation.

We hope that the national ecological safety will be considerably strengthened due to the 'Act on Environmental Enforcement', which was adopted by the Parliament last December This important document is unprecedented historical innovation and practical significance.

The Act directly mentions that every citizen has the right on health protection against negative environmental influences due to economic or other activities, accidents and various disasters.

For the first time the legislation determines specific ways and procedures to ensure this right. We can pick out three main spheres where the citizens would be able to implement this legal possibility:

- right to use the natural environment favorable for normal life;

- right to demand from the government, business circles and other citizens strict fulfilment of their ecological responsibilities;

- right to use all legal means of state and public protection whenever this right is violated.

It seems very important that the proper text of the Act gives state guarantees of ecological rights of the citizens and their public organizations.

With the progress of market economy principals in Russia the problems of ecological safety of an individual and the society in general should be directly connected with the tasks of creating an effective economic mechanism of environmental enforcement. The above mentioned Act also regulates such important matters as ecological examinations, ecological monitoring, ecological emergency situations, etc.

Of course it will take some more time to make these legal standards to come into full force, i.e. to become an every day legal practice. This process can be accelerated thanks to the consistency of the legislative, executive and judicial representatives in their fight for the priority of ecological values above any economic, political benefits, due to active social positioning of all groups of the population.

The future Federal Ecological Code, which is under elaboration now, will contribute greatly to further national environmental enforcement. Being approved by the Parliament, the Code will give a set of important legal institutions necessary to ensure national ecological safety.

Nowadays the solution of serious environmental problems goes beyond the national borders and needs an active international cooperation. In this regard I would like to wish the conference every success and express my confidence that the Russian lawyers and ecologists are ready to cooperate fruitfully with their foreign colleagues.