FEDERAL LAW OF THE RUSSIAN FEDERATION

of November 23, 1995 No. 174-FZ

About environmental assessment

Accepted by the State Duma of the Russian Federation on July 19, 1995

Approved by Council of the Russian Federation on November 15, 1995

This Federal Law governs the relations in the field of environmental assessment, is directed to realization of constitutional right of citizens of the Russian Federation on the favorable environment by means of the prevention of negative impacts of economic and other activity on the environment.

Chapter I. General provisions

Article 1. Environmental assessment

Environmental assessment - establishment of compliance of documents and (or) documentation proving the economic and other activity planned in connection with realization of object of environmental assessment, to requirements in the field of environmental protection for the purpose of prevention of negative impact of such activities on the environment.

Article 2. Legislation on environmental assessment

The legislation on environmental assessment is based on relevant provisions of the Constitution of the Russian Federation, the Federal Law "About Environmental Protection" and consists of this Federal Law, the laws adopted according to it and other regulatory legal acts of the Russian Federation, and also the laws and other regulatory legal acts of subjects of the Russian Federation.

Article 3. Principles of environmental assessment

Environmental assessment is based on the principles:

presumptions of potential ecological danger of any planned economic and other activity;

obligation of conducting the state environmental assessment before decision making about realization of object of environmental assessment;

complexity of environmental impact assessment of economic and other activity and its effects;

obligation of accounting of requirements of ecological safety when conducting environmental assessment;

reliability and completeness of information provided on environmental assessment;

independence of experts of environmental assessment when implementing of the powers by them in the field of environmental assessment;

scientific justification, objectivity and legality of the conclusions of environmental assessment;

publicity, participation of public associations and other non-state non-profit organizations, accounting of public opinion;

responsibility of participants of environmental assessment and interested persons for the organization, carrying out, quality of environmental assessment.

Article 4. Types of environmental assessment

In the Russian Federation the state environmental assessment and public environmental assessment are performed.

Chapter II. Powers of the President of the Russian Federation, public authorities and local government bodies

Article 5. Powers in the field of environmental assessment of the President of the Russian Federation and federal bodies of the government

1. The president of the Russian Federation provides the approved functioning and interaction of public authorities in the field of environmental assessment.

2. The Federal Assembly of the Russian Federation provides compliance of legal acts of the Russian Federation to the legislation of the Russian Federation for environmental assessment.

3. The government of the Russian Federation in the field of environmental assessment:

approves procedure for conducting the state environmental assessment;

the paragraph third ceased to be valid according to the Federal Law of the Russian Federation of 25.06.2012 No. 93-FZ

performs measures for ensuring compliance with the laws, and also for providing the rights of citizens and legal entities in the field of environmental assessment;

annually reports on the activities in the field of environmental assessment to the President of the Russian Federation;

determines federal executive body in the field of environmental assessment, its function and power.

4. Judicial bodies of the Russian Federation perform the powers in the field of environmental assessment in accordance with the legislation of the Russian Federation.

Article 6. Transfer of implementation of separate powers of the Russian Federation in the field of environmental assessment to public authorities of subjects of the Russian Federation

1. The Russian Federation transfers to public authorities of subjects of the Russian Federation implementation of the following powers in the field of environmental assessment:

acceptance of regulatory legal acts in the field of environmental assessment of objects of the regional level taking into account specifics of ecological, social and economic conditions of appropriate subject of the Russian Federation;

organization and conducting the state environmental assessment of objects of the regional level;

paragraph fourth ceased to be valid

informing the population on the planned and carried out environmental assessments and on their results.

2. The federal executive body performing functions on development of state policy and normative legal regulation in the field of environmental management, environmental protection and the state environmental assessment:

1) has the right to adopt regulatory legal acts on the questions relating to the sphere of delegated powers and also to publish the methodical instructions and instructive materials for their implementation of subjects of the Russian Federation by executive bodies obligatory for execution;

2) is established by content and forms of submission of the reporting on implementation of delegated powers, in case of need establishes target forecast indicators;

Approves 3) according to the rules established by the Government of the Russian Federation, procedure of control of efficiency and quality of implementation by public authorities of subjects of the Russian Federation of delegated powers;

4) exercises control of the normative legal regulation performed by public authorities of subjects of the Russian Federation concerning delegated powers with the right of the direction of instructions, obligatory for execution, about cancellation of the corresponding regulatory legal acts or about introduction of changes in them;

5) makes in the Government of the Russian Federation the offers prepared according to the subitem 2 of Item 3 of this Article on withdrawal of delegated powers at public authorities of subjects of the Russian Federation.

2.1. The head of the federal executive body specified in Item 2 of this Article has the rights, stipulated in Item 7 parts 2 of article 45 of the Federal Law of December 21, 2021 No. 414-FZ "About the general principles of the organization of the public power in subjects of the Russian Federation".

3. The federal executive body performing functions on control and supervision in the field of environmental management, environmental protection and the state environmental assessment:

1) exercises control of efficiency and quality of implementation by public authorities of subjects of the Russian Federation of delegated powers with the right of the direction of instructions about elimination of the revealed violations, and also ideas of attraction to disciplinary responsibility of the officials responsible for non-execution or improper execution of delegated powers;

2) in case of non-execution or improper execution of the subject of the Russian Federation of delegated powers by public authorities, confirmed with results of the inspection (checks) which is carried out (carried out) within control of efficiency and quality of implementation by public authorities of the subject of the Russian Federation of delegated powers and also in other cases established by the Federal Laws prepares and represents to the federal executive body specified in Item 2 of this Article, offer on withdrawal of delegated powers at public authorities of the subject of the Russian Federation.

4. Management official of the subject of the Russian Federation or head of the supreme executive body of the subject of the Russian Federation:

1) independently appoints to position and dismisses heads of the executive bodies of the subject of the Russian Federation performing delegated powers;

2) approves structure of executive bodies of the subject of the Russian Federation in the field of environmental assessment;

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