The concept of atmospheric air as an object of nature is given in the preamble of the Federal Law of the Russian Federation of May 4, 1999. "On the protection of atmospheric air" 1. It is determined by the atmospheric air as a vital component of the surrounding natural environmentAn integral part of human habitat, plants and animals.

The physical state The atmospheric air is a natural mixture of atmospheric gases outside residential, industrial and other premises (Article 1).

The atmosphere is a thin gas shell surrounding the Earth and divided into several spherical layers. About 95% of the mass of air falls on the inner layer - the troposphere stretches up above the surface of the Earth at about 17km.

If the land is compared with an apple, then providing our life an air shell corresponds to the thickness of its peel. About 99% of the volume of pure dry air in the troposphere consists of two gases: nitrogen (78%) and oxygen (21%). The remaining air volume in the troposphere contains a small amount of argon (less than 1%) and about 0.35% carbon dioxide. Atmospheric air The troposphere also contains water vapors in an amount varying from 0.01% in cold poles up to 5% - in wet tropics.2 air, located in the troposphere, is subject to regulation on the use and protection. The air located in various premises, installations, compressors, cylinders, etc., seized from the natural environment is the object of civil, labor, administrative legislation.

Legal regulation is not subject to: climate of the terrain, wind zones and magnetic storms. Speaking about the role of atmospheric air, it is necessary to recall that the growth of the pollution of the atmosphere increases every year. Thus, observation of the composition of atmospheric air shows that there is a constant increase in carbon dioxide in the atmosphere. Its concentration hundred years ago, i.e., before the start of the stormy industrial development, it was at the level of 0.029%, now it reaches 0.032%, and in the future it may lead to serious irreversible changes in the biosphere.

Protection of atmospheric air acquires a special relevance in the conditions of intensive development of industry and agriculture, Growth of cities and increasing the number vehicle; The expansion of the research of outer space also enhances the negative anthropogenic effects on the atmosphere. The atmospheric air is a kind of mediator of pollution of all other objects of nature, it contributes to the spread of large pollution masses for a significant distance.

Industrial emissions, over-air, polluted by the global ocean, the soil and water is oxidized. Thus, 2 million tons of sulfur dioxide and about 10 tons of sulfates annually arrive in the territory of the Russian Federation together with the air masses. With precipitation on the agricultural land of the central regions of the European part of the country, about 1 million tons of sulfuric acid falls. It requires 1.5 million tons of technical lime to neutralize, the cost of which is millions of rubles.

Increases the amount of emitted into the atmosphere heavy metals - such as lead, copper, chrome, beryllium, arsenic, cobalt and others. Their danger for a person is that in the process of evolution, the body did not develop protective mechanisms to these substances. For these reasons, they may have their negative impact on human health. Causes anxiety increasing concentration in air of carcinogenic compounds. Thus, ice samples at Pionerskaya station in Antarctica showed that the concentration of benzopyrin compounds is three times higher than 600 years ago.

This is due to the transfer of long distances of human activity, increasing over the past hundred years. The carcinogenic substances polluting the atmospheric air include some compounds of polycyclic hydrocarbons, which are emitted into the atmosphere of stationary sources (90%), and the remaining 10% falls on emissions of motor vehicles. Of overall Polycyclic hydrocarbons in exhaust gases of cars, approximately 20-30% are carcinogenic substances.

The atmospheric pollutants include harmful physical impacts on it. One of them is the noise accompanying us in everyday life. It can have a harmful effect on human rumor. The range of sounds perceived by a person extends from the threshold of hearing to the threshold of pain of pain equal to 130 dB. When the sound pressure level, more than 140 dB is possible to break the eardrum.

The level of contamination of atmospheric air in cities and industrial centers remains unacceptable high. In the domestic system, the accounting of emissions for a series of substances does not exist, but they constitute a noticeable value comparable to anthropogenic emissions (for example, forests are a fairly powerful source of methane and nitrogen oxides). So, wetlands and lakes are a source of methane. Volcanoes I. forest fires are notable sources of sulfur and nitrogen dioxides, carbon oxide, etc. Currently there are two list of calculus techniques: 1) a list of measurement methods of concentrations of pollutants in industrial emissions; 2) List technical means Control industrial emissions.

The legal protection of atmospheric air is established by the legislation of the set of state and public events aimed at preserving the air pool from pollution, the depletion of its oxygen reserves, the rational use of air in economic purposes, reproduction of its reserves in the interests of improvement and improvement

environmentally environment, animal world, life and health of present and future generations. Maintenance legislative acts The protection of atmospheric air in the Russian Federation is quite large array. This includes international legal acts (for example, Vienna Convention about the protection of the ozone layer 1985; Montreal protocol by substances that destroys the ozone layer 1987; Framework Convention on Climate Change 1992, Kyoto Protocol and others). The central law regulating the protection of atmospheric air, the ozone layer and climate is the Federal Law of the Russian Federation "On the Protection of Atmospheric Air" of May 4, 1999. There are also a number of decisions of the Government of the Russian Federation, such as the Resolution of the Government of the Russian Federation "On the strengthening of state regulation measures in Of the Russian Federation and export from the Russian Federation of ozone-depleting substances and containing their products "dated December 9, 1999, as well as the Decree of the Government of the Russian Federation" On Approval of the Regulations on State Control for Atmospheric Air Protection "of January 15, 2001, a number of departmental acts of Roshydromet, Ministry of Health of the Russian Federation and Others.

In this way, russian legislation Complies with international requirements for the protection of atmospheric air and is based on the principles of priority for the protection of life and human health, providing favorable conditions for the life of labor and rest, prevent harmful influences Atmospheric air, providing publicity, completeness, reliability of information on the state of atmospheric air and its pollution and others.

Protection of atmospheric air is carried out in various ways: biological (carrying out work on the reproduction of natural resources, their protection and protection against exhaustion), technological (improvement technological processes, cleaning systems, non-waste organization

production), economic (protection planning, financially - technical support, the development of material incentives for the implementation of environmental activities), sanitary (adoption of measures to improve ambient), organizational (organization

rational use Air basin and control over its condition and protection), ideological (conducting ecological and educational work, improving environmental training, etc.), legal. However, speaking of modern legislation in the field of the regulation of atmospheric air, it should be noted that it is far from perfectly. Disadvantages of it

it is that it presents the fuzziness and uncertainty of the concept of atmospheric air and its protection.

In addition, it does not have a tool that implements the mechanism of air protection activities. Most of the norms of the federal law are declarative in nature, they are usually not provided byaded acts According to the procedures for normalizing the impact on it, informing the population and economic entities on the quality of air and forecasts of its change, etc.

Atmospheric air (from Greek. ATMOS - pairs and spharia - air) is a vital component of the environment, an integral part of human habitat, plants and animals. Vital importance A.V. It is that without it is impossible to exist not only by a person, but also other living and vegetable organisms. Every day, a person consumes 15-16 kg of air, i.e. Many times more than water and food. A.V. It is a natural mixture of atmospheric gases outside residential, industrial and other premises (federal law of May 4, 1999 N 96-FZ "On the Protection of Atmospheric Air"). The main gases A.V. are: nitrogen - 78.09%, oxygen - 20.95%, argon - 0.93%, carbon dioxide - 0.3%. The maintenance of the remaining gases is neon, helium, methane, xseon, hydrogen, ozone, iodine is a slight percentage. The normal ratio of these gases in the atmosphere is optimal for the vital activity of a person and the animal world. Reducing the content of any component of the air, as well as its increase, destructively affects the health of people. Of the atmosphere of the atmospheric depth, the most favorable air composition is in a layer of up to 18 km.

A.V. is a specific natural object primarily because it cannot be individualized by virtue of its natural mobility, in connection with this in theory environmental law problem legal status atmospheric air as an object legal security It was always acute, and it has not yet been solved. In addition to the concept of "atmospheric air", there are such concepts as "atmosphere" and "airspace". The difference in these concepts is as follows: A.V. The legislation discusses and protected as natural, material object; And the speech about the atmosphere and airspace goes as a spatially territorial phenomenon - space located above a specific territory: the Russian Federation, the subject of the Russian Federation, a separate enterprise, etc.

A.V. exposed to the most intensive contamination due to the fact that it is used to remove harmful substancesdesigned economic activity. Pollution A.V. - This is an admission to A.V. or the formation of harmful (polluting) substances in concentrations exceeding the hygienic and environmental standards established by the state A.V. The deterioration of the quality AV It entails the increase in the incidence and mortality of the population. Due to pollution A.V. Russia dies about 30 thousand people a year, the State Statistics Committee of Russia predicts that by 2016 the country's population decrease by 11.5 million people. In order to improve the quality of A.V. and preventing its harmful effects on human health and the environmental environment in the Russian Federation is protected by A.V., the main directions of which are: rationing of the quality of atmospheric air and harmful physical influences on atmospheric air; Establishing standards for emissions of harmful (polluting) substances into atmospheric air and harmful physical influences on atmospheric air; state registration harmful (pollutants) substances and potentially hazardous substances etc.

27. Atmospheric air as an object legal regulation

In accordance with Federal law May 4, 1999 "On the Protection of Atmospheric Air" atmospheric airThis is a vital component of the environment, which is a natural mixture of atmospheric gases outside residential, industrial and other premises.

In order to protect it, the state holds the following activities:

1) the rationing of the quality of atmospheric air and harmful physical influences on the atmospheric air - the establishment of hygienic and environmental standards for the quality of atmospheric air and the maximum permissible levels of physical impacts on it;

2) the establishment of emission standards and impacts - technical standards of emissions and maximum permissible emissions;

3) state registration of harmful and potentially hazardous substances;

4) issuing permits for the emission of harmful (polluting) substances and for harmful physical impact on atmospheric air establishing extremely permissible emissions and other conditions that ensure the protection of atmospheric air. For issuing permits charged fees;

5) the establishment of requirements for economic and other activities that has a harmful effect on atmospheric air.

Types of use:

1) use air for the livelihood of people and other organisms;

2) use air for production needs as raw materials;

3) use of the atmosphere for emissions of pollutants and absorbing harmful physical impacts;

4) use of the atmosphere for the purpose of artificial change of weather, climate, preventing natural cataclysms.

In order to preserve the favorable quality of atmospheric air, the state provides for the following standards of impact on atmospheric air:

1) production standards - maximum permissible emissions (PDV) pollutants; regulations of noise, thermal, vibration, radiation, electromagnetic and other physical influences; temporarily agreed emissions (limit) of pollutants;

2) Territorial standards - the magnitude of the critical cumulative loads on the atmospheric air from various economic and other objects, taking into account the transboundary and interregional transfer of pollutants within the territorial administrative education.

Along with this, the standards are installed extremely permissible concentrations (MPC) of various pollutants and for each model of transport and other mobile resources.

In order to maintain the quality of atmospheric air at the people's secure level, the system of specialized control is made by the public records of adverse effects on it, as well as monitoring the state of atmospheric air and sources of its pollution.

From book Entrepreneurial law Author Shevchuk Denis Aleksandrovich

2. Methods of legal regulation under the method of legal regulation used in the field of law, it is understood as a set of methods and techniques for regulating relations between the subjects, developing due to the special properties of the regulatory subject. When the branch of law

From book Administrative law Russia in matters and answers Author Konin Nikolai Mikhailovich

Theme 17. The region of the economy as an object of state regulation and management (general characteristics) 1. The socio-legal characteristics of the structure of the economy as an object of state regulation and management of economic activity is any

From the book Administrative Right [Lecture Summary. 5th edition] Author Makareiko Nikolai Vladimirovich

2. The concept and system of state regulation and management (administrative and legal regulation) in the field of economy. Government regulation in the field of economics is public administration in a broad socio-political sense.

From the book information. Own. The Internet. Tradition and novels in modern right Author Yakushev Mikhail Vladimirovich

Topic 1. Management as an object of administrative and legal regulation. Executive Power 1.1. Management: the concept, signs, the type of management - the process of targeted impact on the system (mechanical, technological, biological, social), as a result

From the book of the Encyclopedia of the Lawyer Author author unknown

From book Criminal law. Squata Author Petrenko Andrey Vitalevich

From the book the theory of state and law Author Morozova Lyudmila Aleksandrovna

5. The subject of criminal law regulation based on the general theoretical postulate, the formation of individual branches of law can be justified, above all, the specifics of the regulatory subject. The subject of legal regulation is social relations.

From the book the theory of state and law: the abstract of lectures Author Shevchuk Denis Aleksandrovich

6. The tasks of criminal law regulation The specifics and content of criminal law are determined by the tasks facing this branch of law. The social value of criminal law is primarily in the protection public relations, namely: peace and security

From the book of the problem of state theory and law: a textbook. Author Dmitriev Yuri Albertovich

8. Principles of criminal law regulation The principle of legality that follows from the provisions of the Universal Declaration of Human Rights: No one can be convicted of committing a crime and will be criminalized otherwise as a sentence of the court and in

From the book of the author

24.1 Understanding the mechanism of legal regulation Regulation of public relations - main function Rights, its basic characteristic in action, in motion, in the process of implementing its capabilities. Therefore, the study of the mechanism of legal regulation is important for

From the book of the author

24.3 The effectiveness of the mechanism of legal regulation of the generalizing characteristic of the mechanism of legal regulation is its effectiveness. The effectiveness of legal regulation is understood as the relationship between the result of legal regulation and standing

From the book of the author

§ 1. The concept of legal regulation Human society is characterized by one or another degree of organization, orderliness. This is caused by the need to coordinate the needs, interests of a separate person and community of people (large or small social social

From the book of the author

§ 2. The subject of legal regulation The right should not be and cannot regulate all public relations, all social relations of members of society. Therefore, at every specifically historical stage public Development should be quite accurately determined by the sphere

From the book of the author

§ 4. Stages of legal regulation Legal regulation is the process lasting in time. It implies the active activities of people, their teams and in the process of creating the right, and during its incarnation into life. Prohibition of the impact of the right to behavior of people and

From the book of the author

§ 5. The mechanism of legal regulation after the answer to the question of how the right regulates public relations, it is logical to look for answers to questions than what means the right affects public relations, what is the mechanism of legal impact. In the right theory

From the book of the author

§ 13.1. The concept of the mechanism of legal regulation Regulation of public relations is the main function of law, its main characteristic in action, in motion, in the process of implementing its capabilities. Therefore, the study of the mechanism of legal regulation is important in order

The object of regulation within the framework of the environment is not air in general, but atmospheric air.

The atmospheric air is a vital component of the ambient medium, which is a natural mixture of atmospheric gases outside residential, industrial and other premises.

It also does not include air in compressors, cylinders, etc. to the atmospheric air. Relationships about the air of premises and contained in containers are governed by sanitary, including civil, housing legislation. The criterion for the distinction of atmospheric air and other air is the natural connection of the first with the natural environment.

The atmospheric air is one of the main vital elements of nature. First of all, it serves as an indispensable source of oxygen necessary for the existence of all living on Earth. When characterizing the particular importance of air in a person's life, it is emphasized that a person can live without air only a few minutes.

Atmospheric air and atmosphere, in general, many other environmentally and socially useful properties. It is an explorer of the energy of the Sun, serves as protection against destructive cosmic radiation, forms the basis of climatic and weather conditions on Earth. IN economic activity The atmosphere society is intensively operated as transport communication. Finally, the atmosphere is a medium to remove gaseous and dustless waste of human activity.

Feature legal regime atmospheric air is that by virtue physical properties It cannot be the object of ownership, since the traditional authority of the owner is not applicable to it. It cannot be individualized in order to become the object of ownership.

Not being the owner of atmospheric air, which is at a particular moment over the territory of the state, it has sovereign rights. These rights flow from the state from the state of its natural environment. Any state within its airspace uses all the rights of territorial supremacy, state sovereignty, exceptional right to use the atmosphere. In accordance with the Air Code of the Russian Federation, adopted March 19, 1997, the Russian Federation It has full and exceptional sovereignty in relation to the airspace of the Russian Federation. Under the airspace of the Russian Federation it is understood as airspace over the territory of the Russian Federation, including airspace over inner waters and territorial sea.

What is the spatial scope of the legislation on the protection of atmospheric air? It is determined by the limits of the state sovereignty of Russia over its airspace. The protection of atmospheric air should be provided within the limits of almost possible use of airspace or practical impact on the state of the atmosphere. To a certain extent, the border of the legislation is determined by the possible high-altitude limit that aircraft or other flying devices reaches. However, it is known that the harmful effects on the state of the ozone layer of the Earth turns out to be the operation of ozone-depleting substances at the facilities located on Earth.

Like any other natural resource, the atmospheric air, "not recognizing" any political borders, forms a global environment of life on a global scale.

5. General characteristics of ownership of natural objects (resources): concept, shapes, subjects, objects, content.

6. The right of general environmental management.

7. The right to special environmental management.

8. State management of environmental management and environmental protection: concept, functions, methods, forms.

9. The system of state authorities of environmental management and environmental protection.

10. Ecological rationing (standardization). Types of environmental standards.

11. Ecological expertise: the concept, principles, types, objects and the procedure for conducting.

12. Economic mechanism for environmental protection: concept, structure and elements.

13.URidical responsibility for environmental offenses: concept, function and types.

14.Maehanism compensation for harm caused by environmental offenses.

15.Dedra as an object of use and protection. The right to use subsoils: concept, types and conditions.

16. The Right Security is subsoil. Responsibility for violations of state legislation.

17. Body as an object of use and protection. Ownership of water bodies.

18. The right of water use: concept, types, conditions.

19. The right regime of water protection zones and coastal protective strips of water objects.

20. The Right Waters. Responsibility for violation of water legislation.

21.Lesa as an object of use and protection. Ownership of the forest.

22. conditions and the procedure for providing forest management to legal entities (individual entrepreneurs).

23. Terms and procedures for providing forest management to individuals.

24. The Right Protection and Forest Protection. Responsibility for violation of forest legislation.

25. Life world as an object of use and protection. The right to use the animal world: the concept, species, conditions.

26.Things and legal foundations of hunting. Types of hunting. Documents certifying the right of citizens to hunt.

27. Responsibility for violating the rules of hunting (illegal hunting).

28.Things and legal foundations of fisheries. Types of fisheries. Fishing restrictions.

29. Responsibility for violation of the rules of fisheries (illegal production of water biological resources).

30. The right measures for the protection of the animal world.

31.Thismospheric air as a security object. State administration control of atmospheric air.

32. Minding the quality of atmospheric air. Responsibility for violation of legislation on the protection of atmospheric air.

33.Thennia and features of the legal protection of the natural and protected fund.

34. The right regime of state natural reserves.

35. The Right Regime of National and Natural Parks.

36. The right regime of state natural customers and monuments of nature.

37. The right regime of natural therapeutic resources, medical and health facilities and resorts.

38. The Right Protection of the Environment in the implementation of economic and other activities.

40.Subjects of international environmental law. International Ecological and Legal Responsibility.

31.Thismospheric air as a security object. State Governance Protection of atmospheric air.

The atmospheric air is a vital component of the environment, an integral part of human habitat, plants and animals.

The protection of atmospheric air, the ozone layer and climate is one of the most important areas of environmental activities carried out in the global, regional and national scale.

The legislative base in this area is based on the Constitution of the Russian Federation, it includes numerous international legal, regional, national and local acts. This is the federal law "On the protection of atmospheric air", acts federal Level (On the sanitary and epidemiological well-being of the population, on waste, etc.), the level of subjects of the Russian Federation, the subtitles - the decisions of the Government of the Russian Federation, the sanitary and hygienic standards of the Ministry of Health and Social Development of the Russian Federation. Russian atmospheric air protection legislation is based on the principles of priority for the protection of life and human health, providing favorable conditions for life, labor and recreation, preventing irreversible consequences of the pollution of atmospheric air for the environment, the obligation of state regulation of pollutant emissions and harmful physical influences on atmospheric air, Publicity, completeness and reliability of information on the state of atmospheric air and its pollution, etc.

Legal instruments for the implementation of these principles are:

- establishing standards for the quality of atmospheric air and emission standards and harmful physical impacts;

- state registration of polluting and potentially hazardous substances;

- obtaining permission for the release and harmful physical impact;

- State accounting of harmful effects, monitoring of atmospheric air, inventory of emissions of harmful physical impacts and their sources.

Objects of legal regulation of atmospheric air is a natural mixture of atmospheric gases located outside residential production and other premises.

Air in residential, industrial, public premises, installations, compressors, cylinders, etc., i.e., seized from the environment or separated from it is the object of civil, labor and other legislation.

The climate is a multi-year weather regime of a given location, determined by geographic latitude, height above sea level, terrain remote from the ocean, land relief, anthropogenic effects and other factors. Legal regulation is subject to system and means of monitoring the condition and climate change, measures to stabilize the concentrations of greenhouse gases, the impact on the weather and climate and other issues.

The ozone layer is part of atmospheric air located at a height of 20 to 50 km, protecting living organisms from radiation and ultraviolet exposure. Production and use of ozone-depleting substances, changes in the integrity of the ozone layer, temperature regime, etc. are also subject to legal regulation and protection.

Pollution of atmospheric air, taking place and predicted climate change, transboundary transfer of harmful substances, long distances and other negative phenomena and processes require the adoption of emergency organizational and legal measures.

According to Art. 23 of the law on the protection of atmospheric air in order to monitor the pollution of atmospheric air, a comprehensive assessment and forecast of its condition, as well as providing state authorities, local governments, organizations and the population of current and emergency information on the pollution of atmospheric air the government of the Russian Federation, the state authorities of the subjects The Russian Federation, local governments organize the state monitoring of atmospheric air, which is an integral part of the state environmental monitoring.

State control over the protection of atmospheric air has its task as follows:

- to ensure the execution by authorized bodies of measures for the protection of atmospheric air;

- compliance with the conditions of emissions of pollutants and other harmful effects on the atmosphere;

- compliance with standards, standards, rules and other requirements for the protection of atmospheric air, including carrying out production control over the protection of atmospheric air;

- compliance with the regime of sanitary protection zones of objects having stationary sources of emissions of harmful (pollutants) substances into atmospheric air;

- fulfillment of federal targeted programs for the protection of atmospheric air, programs of the constituent entities of the Russian Federation and the implementation of measures for its protection;

- ensure the fulfillment of other rules established by the legislation of the Russian Federation, its subjects in this field.

Highlight three types of environmental control:

- information - as a rule, precedes two others and comes down to the collection of information for the adoption of preventive and supplies;

- preventive - is held in order to prevent the impact of violation of the requirements of environmental legislation;

- punitive - expressed in the application of measures of state coercion to violators.

State control is carried out by the relevant executive bodies.

Coordination of works by state control The protection of atmospheric air is carried out by the Federal Service for Hydrometeorology and Environmental Monitoring.

Along with state control over the protection of atmospheric air, this Law provides for the production and public monitoring of environmental protection.

Production control over the protection of atmospheric air is carried out legal entitiesWith sources of harmful chemical, biological and physical impacts on the atmospheric air and prescribing persons responsible for conducting production control, and (or) organize environmental services.

Public control is carried out in the manner determined by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation in the field of environmental protection, the legislation of the Russian Federation and the legislation of the subjects of the Russian Federation on public associations.

The federal law "On the protection of atmospheric air" provides that for pollution of the environmental environment, emissions of harmful (polluting) substances into atmospheric air and other types of impact on it with individuals and legal entities are charged in accordance with the legislation of the Russian Federation.

"