LEX-FAOC027473

The present Federal Law establishes the legal basis for the protection of the atmospheric air and is aimed at the realization of the constitutional rights of the citizens to favourable environment and access to reliable information on its state. The basic principles of state regulation in the sphere of the protection of the atmospheric air include: 1) prevention of the irreversible consequences of atmospheric pollution for environment; 2) compulsory state regulation of the emissions in the atmosphere and hazardous physical impact thereon; 3) completeness and reliability of the information on the state of the atmospheric air and its pollution; 4) mandatory observance of the requirements of the national legislation in the sphere of the protection of the atmospheric air and liability for the infringement thereof. The present Federal Law consists of 10 Sections composed of 34 articles. Section 1 (arts. 1-2) lays down general provisions. Section 2 (arts. 3- 8) regards management in the sphere of the protection of the atmospheric air. Section 3 (arts. 9-20) regards organization of the activity in the sphere of the protection of the atmospheric air. Section 4 (arts. 21-22) regards state registration of hazardous impact of emissions and their sources on the atmospheric air. Section 5 (arts. 23-27) regards monitoring of the atmospheric air. Section 6 (art. 28) establishes the economic mechanism of the protection of the atmospheric air. Section 7 (arts. 29 and 30) determines the rights of citizens, legal persons and social associations. Section 8 (arts. 31 and 32) establishes liability. Section 9 (art. 33) regards international cooperation. Section 10 (art. 34) establishes the modalities of the enactment of the present Federal Law. Hygienic and ecological standards of the atmospheric air quality and maximum permissible limits of physical impact thereon shall be set for the purpose of the determination of safety criteria for human beings, plants and animals, and also for protected areas (art. 11). Emissions of the pollutants in the atmosphere by stationary sources shall be authorized by special permit issued by federal executive body in the sphere of environmental protection. The aforesaid authorization for the emission of the pollutants in the atmosphere must set maximum permissible limits and other terms and conditions that shall ensure the protection of the atmospheric air (art. 14). Emission in the atmosphere of substances the degree of danger of which to human life and health has not been established shall be prohibited (art. 15). Manufacturing and running of transport and other mobile sources which emissions contain pollutants exceeding the established requirements (art. 17). Environmental fees shall be collected from natural and legal persons for the atmospheric pollution caused by emissions (art. 28).