List of accepted abbreviations

Introduction

Chapter 1. Normative and legislative regulation of the implementation of state environmental policy at the municipal level

1.1. Goals, directions, tasks and principles of conducting in Russian Federation unified state policy in the field of ecology

1.2. Decision-making system for environmental management

1.3. Fundamentals of improving environmental management at the municipal level

Chapter 2

2.1. Mechanisms of economic regulation of the implementation of environmental policy (on the example of the municipality of Novy Urengoy)

2.2. Analysis of the effectiveness of environmental protection measures for 2007-2009. (on the example of the municipality of Novy Urengoy).

Conclusion

List of used sources and literature

Applications

List of accepted abbreviations

Civil Code of the Russian Federation - Civil Code of the Russian Federation

SZ RF - Collection of Legislation of the Russian Federation

RG - Rossiyskaya Gazeta

Vedomosti RF - Vedomosti of the Supreme Council of the Russian Federation

LSG - municipal management system

MO - municipality

MNR - Ministry natural resources

Introduction

Prospects for the development of the country's economy are largely determined by the state of natural resources. In such a situation, it is necessary to implement a policy aimed at ensuring environmental safety and sustainable use of natural resources for present and future generations.

Solution environmental issues essential for the health of the nation. To ensure an acceptable level of controllability of social relations and processes, to streamline all the diversity of social and organizational forms of social life, state and municipal government can only if it itself achieves the quality of systemic, organized integrity of its constituent parts and components.

The city is a complex organism. The growth of cities is accompanied by an increase in pollution of the air basin, water bodies and soil, degradation of agricultural land in the adjacent territories. In this regard, in recent years, the environmental problem has become a rather serious problem that requires special attention and search for its solution.

Today, the urban environment suffers the most from environmentally polluted industrial products: machines, equipment and technologies used primarily in the automotive, energy, chemical industries, ferrous and non-ferrous metallurgy.

In addition, it should be noted that architecture and urban planning are very difficult to green. Contrary to the desire of people, cities are built from multi-storey residential buildings, almost without taking into account climatic factors, the noise load of the streets, in general, the characteristics of the living environment and human psychology. In our country, with a significant territorial space, about 70% of the population lives in high-rise buildings, while, for example, in the United States, up to 90% of the population lives in low-rise residential buildings. High population density in cities, lack of green spaces, long commutes, etc. often contribute to an increase in the level of morbidity among residents of urban areas, injuries, aggressiveness, alcoholism and drug addiction.

In connection with the concentration in cities of the bulk of industrial enterprises, large power plants and other types of economic facilities, an additional, specifically “urban” environmental burden is created. The city is a source of environmental pollution for the surrounding areas, but at the same time it becomes the main "victim of self-poisoning" itself. The state environmental policy in our country has not been developed, environmental programs have been adopted that are not based on reliable information about the environmental situation in the country and its regions, undeveloped economically, materially unsecured, which naturally reduces their effectiveness. According to the President of Russia D.A. Medvedev, "the existing system of environmental protection in Russia is still losing to the systems of all countries."

There is no sufficient legislative support for the environmental aspects of sustainable socio-economic development of cities. Environmental legislation is often full of declarative and reference norms. Such norms are addressed to the normative legal acts of the executive authorities that are absent at the time of their entry into force. The problems of environmental protection of urban settlements are solved in regulations adopted at different levels: federal, constituent entities of the Russian Federation, local governments. Their common drawback is that they regulate private issues of nature management and protection of individual natural objects without taking into account the specifics of the environment of urban settlements. In order to correctly understand the tasks of legislation in the field of environmental protection of urban settlements and effectively solve them, one must have a clear understanding of the city-forming factors of these administrative-territorial entities, the possibilities of influencing the state of the environment by means of law. The reform of technical regulation is proceeding slowly, which hinders the development of mandatory environmental requirements. Lack of effective legal mechanisms for redress environmental harm. Illegal decisions and actions, as well as inaction of participants in environmental legal relations, only exacerbate the difficult environmental situation, especially in the territories where the population lives. Law enforcement practice testifies to the actual impunity of many violations and even crimes of an environmental nature.

There is a constant increase in registered environmental crimes, often outpacing the growth of crimes in general, and an increase in their share in the overall structure of crime. So, for the period 2005-2009. the number of environmental crimes increased almost 4.3 times (2005 - 14818; 2009 - 41242). Similar trends are observed in other countries. At the same time, it is recognized that the reform of criminal and administrative legislation that has taken place in many countries, although it has contributed to strengthening the fight against encroachments on the environment, has not fulfilled all the goals set.

One of the fundamental reasons for the violation of environmental legislation in this area is the weakness and inefficiency of state environmental control and supervision, the frequent reorganization of environmental management bodies. At the same time, an effective dialogue has not yet been established on these problems of state authorities and environmental organizations. A radical improvement in the system of environmental protection management in urban areas will improve control over the state of various natural objects in the urban environment. According to the President of Russia D.A. Medvedev, "it is necessary to put things in order in the environmental sphere and increase its efficiency."

On May 18-21, Nizhny Novgorod will host the international scientific and industrial forum "Great Rivers: Environmental, Hydrometeorological, Energy Security" dedicated to transboundary environmental cooperation. Its organizers are UNEP, UNESCO, the Federal Agency for Water Resources, the Federal Service for Hydrometeorology and Environmental Monitoring, the Federal Agency for Marine and River Transport of the Russian Federation, the Russian River Register, the Federal Service for State Registration, Cadastre and Cartography of the Russian Federation.

Such a forum brings together up to 1,500 representatives of government agencies, world-famous scientists, major entrepreneurs, experts and public figures more than 30 states.

Over the past 10 years, more than five thousand scientific institutions, industrial enterprises and government agencies from 46 countries of the world and 63 constituent entities of the Russian Federation have taken part in the work of symposiums on international environmental cooperation over the past 10 years. In connection with the current situation, it is necessary not only to improve existing, but also to adopt new regulatory legal acts. This will provide a solution to the problem under consideration, use a scientific approach in lawmaking, and will also help revive the interest of citizens and society in improving and maintaining environmental law and order in urban areas.

Therefore, at present, the problem of forming ecological culture enterprise management, which involves reducing and preventing the negative impact of enterprises on the environment.

The object of study is the powers of local governments of the Russian Federation on the example of the municipality of Novy Urengoy in the field of relations related to environmental protection.

The subject of study of the thesis is the system of environmental policy management at the municipal level.

The purpose of the thesis is to analyze the features of management in the field of environmental protection and natural resources at the municipal level and develop recommendations for improving the management of environmental protection at the municipal level.

In accordance with the purpose, object and subject of the study, we set the following tasks:

To analyze the goals, directions, tasks and principles of conducting a unified state policy in the field of ecology in the Russian Federation;

Define a decision-making system for managing environmental protection;

To study the basics of improving the management of environmental protection at the municipal level;

Determine the economic and financial mechanisms for the implementation of environmental policy on the example of the municipality of Novy Urengoy;

Make an analysis of the effectiveness of environmental protection measures for 2007-2009. (on the example of the municipality of Novy Urengoy).

The main methods in the work are - the analytical method (used in the analysis of literature and legal acts), methods comparative analysis and generalizations.

The versatility of the topic necessitated the study of the positions of the doctrine and normative legal sources of constitutional, administrative, civil, municipal, criminal and other branches of law, revealing the theoretical and practical essence of the issues. In this regard, the theoretical basis of the dissertation was the works of: S.S. Alekseeva, A.P. Anisimova, A.I. Bobyleva, E.N. Zhevlakova, A.E. Zhalinsky, V.N. Kudryavtseva, O.E. Kutafin, V.V. Lazareva, A.V. Malko, M.N. Marchenko, A.F. Nozdracheva, SV. Polenina, N.G. Salishcheva, M.S. Studenikina, N.Yu. Khamaneva and others. Development of problems of the system and structure of environmental legislation, the possibility of using individual legal instruments (legal liability, eco-audit, pollution charges, etc.) in order to protect the environment in the works of L.E. Bandorina, S.A. Bogolyubova, M.M. Brinchuk, M.V. Vasilyeva, N.D. Vershilo, R.Kh. Khabitova, A.K. Golichenkova, O.L. Dubovik. N.A. Dukhno, N.G. Zhavoronkova, T.V. Zlotnikova, I.A. Ignatieva, O.S. Kolbasova, O.I. Krassova, O.N. Kuznetsova, V.V. Petrova, T.V. Petrova, B.C. Stepanenko and other environmental lawyers made it possible to highlight the specifics of their manifestation in relation to environmental protection in urban areas.

The regulatory framework of the study is: the Constitution of the Russian Federation, federal legislation, laws of the constituent entities of the Russian Federation, decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation, regulatory legal acts of the executive authorities of the Russian Federation and its constituent entities, regulatory acts of local governments regulating environmental protection issues in urban settlements and related problems of negative impact on nature.

For the most complete disclosure of the topic and achievement of the goal, this work has the following structure: introduction; three chapters; conclusion; list of used sources and literature.

Chapter 1. Normative and legislative regulation of the implementation of state environmental policy at the municipal level

1.1 Goals, directions, tasks and principles of implementing a unified state policy in the field of ecology in the Russian Federation

The entry into force of the amendments to federal legislation on January 1, 2005 was a notable event in public life and another step in the development of the system of management and environmental protection.

State and regional environmental policy is an independent sphere of public life in the field of environmental protection and natural resources, the pinnacle of the ecological function of the state. The main parameters for characterizing environmental policy are: the balance of interests, goals, principles, directions, functions, tasks, thematic sections, tools (mechanism, means, provision, levers), forms, indicators, priorities, problems, leaders, theorists and practitioners, legal the foundation.

The understanding of environmental policy in a broad sense combines political, sociological, economic and other aspects of this phenomenon. The problems of environmental policy, its content, the question of how the actual actions of the authorities correspond to the declared goals, the question of the difference between the declaration and reality is the subject of a separate study, mostly not legal in its content.

For the development of civil society as a condition for the implementation of state policy in the field of ecology, it is necessary to improve legislation: to create legal conditions that allow citizens to participate in the adoption and implementation of environmentally significant decisions, including through polls, public hearings, public examinations and referendums; in order to develop public environmental control, including public inspections.

The main parameters for characterizing environmental policy are: the balance of interests, goals, principles, directions, functions, tasks, thematic sections, tools (mechanism, means, provision, levers), forms, indicators, priorities, problems, leaders, theorists and practitioners, legal the foundation.

The understanding of environmental policy in a broad sense combines political, sociological, economic and other aspects of this phenomenon. The problems of environmental policy, its content, the question of how the actual actions of the authorities correspond to the declared goals, the question of the difference between the declaration and reality is the subject of a separate study, mostly not legal in its content.

The strategic goal of the state policy in the field of ecology in accordance with the "Environmental Doctrine of the Russian Federation" is the preservation of natural systems, maintaining their integrity and life-supporting functions for the sustainable development of society, improving the quality of life, improving the health of the population and the demographic situation, and ensuring the country's environmental safety.

State and regional environmental policy is an independent sphere of public life in the field of environmental protection and natural resources, the pinnacle of the ecological function of the state.

The law establishes the presumption of potential environmental hazard of any planned economic and other activities. A conscientious initiator must act in accordance with accepted social norms, including ensuring that its activities comply with state environmental policy. Politics has a large degree of autonomy and has a strong influence on the economy and other areas of society. In this regard, the practical significance of the issue under consideration is directly manifested.

In accordance with the Charter of the United Nations and the principles of international law, States have the sovereign right to develop their own resources in accordance with their environmental policies and are responsible for ensuring that activities within their jurisdiction or under their control do not harm the environment of other States or areas beyond the limits of national jurisdiction (Convention on Biological Diversity, ratified by the Federal Law of the Russian Federation of February 17, 1995 No. 16-FZ).

Abroad, as close in meaning to the term "environmental policy", the terms "policy in the field of sustainable development" are used, and the name "political ecology" is a special educational and scientific direction.

The modern environmental policy of Russia has come a long way in its development. At the same time, the history of its development has clearly demonstrated to us that the implementation of environmental policy depends not only on the implementation of its directions in normative acts, but also directly on the level of legal awareness and culture of society.

The subjective factors influencing the implementation of environmental policy include: the level of legal awareness and environmental consciousness of a person, the level of legal culture and environmental culture of society; the development of democratic principles in society, contributing to the active participation of the population and an individual person in government and decision-making, the level of social and legal activity of citizens, etc. Modern scientists have repeatedly expressed the position that Russian society is not ready for the transition to a qualitatively new level of relations with the environment. Indeed, the perception of environmental policy issues directly depends on a number of factors that need to be considered in the context of a particular level of mass culture and the readiness of society to perceive new trends in the modern world.

The concentrated expression of the theoretical provisions in the field of environmental protection in Russia today is the Ecological Doctrine, approved by the Government Decree of August 31, 2002 N 1225-r. It defines the goals, directions, tasks and principles of implementing a unified state policy in the field of ecology in the Russian Federation for a long-term period. According to the Doctrine, the main priorities of modern environmental policy are:

Priority for society of the life-supporting functions of the biosphere in relation to the direct use of its resources;

Equitable distribution of income from the use of natural resources;

Prevention of negative environmental consequences as a result of economic activity, accounting for long-term environmental consequences;

Refusal of economic and other projects related to the impact on natural systems, if their consequences are unpredictable for the environment;

Use of natural resources on a paid basis and compensation to the population and the environment for damage caused as a result of violation of environmental protection legislation;

Openness of environmental information: participation of civil society, self-government bodies and business circles in the preparation, discussion, adoption and implementation of decisions in the field of environmental protection and rational nature management;

Sustainable development, providing equal attention to its economic, social and environmental components, and recognition of the impossibility of the development of human society in the degradation of nature.

Thus, the main priorities of modern environmental policy can be the criteria for Russia's transition to sustainable development, postulated in the Concept of the Russian Federation's transition to sustainable development. At the same time, it is worth agreeing with the opinion of those scientists who believe that the environmental and legal culture of modern Russian society does not comply with the principles of sustainable development. So M.V. Zakharov, in one of his interviews, said that “Russian society does not fully understand what place environmental problems occupy in the spectrum of difficulties facing the country today.”

At the sub-legislative level, the terms “state environmental policy in the regions of the North”, “main directions of regional policy in the field of ensuring environmental safety and environmental protection” (uniform for the Federation and the subjects of the Federation), “state policy and legal regulation in the field of environmental management, environmental protection and environmental safety”, “a unified scientific and technical policy in the field of environmental protection”.

Among the problems in the implementation of Russia's environmental policy is the lack of an active civil society focused on environmental issues. Indeed, the modern social environmental movement today is not a powerful factor in strengthening civil society and solving environmental problems. Moreover, many environmental campaigns carried out social movements, for many citizens go unnoticed. This situation is especially typical for settlements remote from the center, whose residents have little idea not only about specific environmental activities carried out in the country or region, but also about environmental policy in general.

At the same time, the low level of environmental culture reduces the activity of the population in solving environmental problems, distorts ideas about the actual environmental situation. Thus, 42% of the respondents are confident that achieving sustainable development in Russia is impossible without solving environmental problems, and 23% consider it possible. The impossibility of the country's development without solving environmental problems was most often noted by citizens of the age category of 30-50 years. At the same time, this question caused difficulties for 35% of the respondents due to a poor understanding of what the concept of sustainable development of the country may include. Respondents also expressed their ignorance regarding the Ecological Doctrine (79%).

Respondents aged 20 to 40, including students, showed the greatest awareness of environmental policy issues. It is noteworthy that the students mentioned their educational institutions as the main source of information about environmental policy. At the same time, the majority of respondents noted an insufficient (or extremely low) level of coverage in the media. mass media(media) measures taken by the state to protect and restore the environment. It is indeed worth agreeing with this opinion. Based on the information provided by the media, it seems that it is possible to interest citizens in environmental issues by commenting on odious actions by environmentalists rather than by information about the implementation of state environmental policy. First of all, this indicates that environmental education in Russia is at an extremely low level.

In our opinion, the modern environmental and legal culture of the population of our country is not capable of ensuring Russia's transition to sustainable development; moreover, its low level has a disorienting effect on environmental policy in general. Therefore, we believe that the effective implementation of environmental policy and the transition of Russia to sustainable development are possible as a result of a radical change in the worldview, the system of social values ​​and ideas in the field of environmental protection and rational use of natural resources.

The legitimate interests of individuals and organizations must be taken into account when forming the state environmental policy. A policy will reach its goal more quickly when choosing the target groups to which it is addressed.

The national interests of Russia are a set of balanced interests of the individual, society and the state in the economic, domestic political, social, international, informational, military, border, environmental and other spheres. They are of a long-term nature and define the main goals, strategic and current tasks of the internal and foreign policy states. One of the main tasks in the field of ensuring the national security of the Russian Federation is the fundamental improvement of the environmental situation in the country.

Industry interests, first of all, are to ensure the production of goods and services in which a particular sector of the economy specializes.

Departmental interests (sectoral interests in the narrow sense, as the interests of one or several government bodies that are definitely close in their field of activity, for example, the interests of departments of the natural resource block) consist in instilling the “point of view” of the department in citizens and organizations for solving specific managerial (incl. h. functional) tasks.

Local interests - a set of ideas about the types of activities that are optimal for the economic and social development of the municipality, and ways to implement them.

Corporate interests can extend to the territories and resources of entire states and groups of states (among transnational corporations, financial and industrial groups, commercial entities). They mainly pursue the goal of making a profit.

Of great importance for the complex of environmental problems is the current Federal Law of January 10, 2002 N 7-FZ (as amended on December 27, 2009) “On Environmental Protection” (adopted by the State Duma of the Federal Assembly of the Russian Federation on December 20, 2001) .

The Law of the Russian Federation of February 21, 1992 N 2395-1 (as amended on December 27, 2009) "On Subsoil" regulates the mineral resource policy, which is the guarantor of Russia's economic security. It outlines the fundamentals of rational nature management and protection of mineral resources.

The Forest Code of the Russian Federation of December 4, 2006 N 200-FZ (adopted by the State Duma of the Federal Assembly of the Russian Federation on November 8, 2006) (as amended on December 27, 2009) sets out the legal basis for the rational use, protection, protection and reproduction of forests, increasing their ecological and resource potential. Forests are divided into groups and categories according to their ecological, social and economic importance. This is important for the rational use and protection of forest resources.

The Forest Code establishes general requirements for forest management: preservation and strengthening of environment-forming, water-protective, protective, sanitary-hygienic, health-improving and other useful properties of forests; reproduction, improvement of species composition and quality of forests, etc.

An important legal act regulating the rational use and protection of water resources is the Water Code of the Russian Federation of the Russian Federation of 06/03/2006 N 74-ФЗ, which establishes state ownership of most water bodies.

The powers of state governing bodies for the use and protection of water bodies include: determining the procedure for establishing water protection zones, coastal protective zones of water bodies, the regime for using their territories, as well as the regime for specially protected water bodies that are federally owned, conducting state examination of pre-project and design documents for the construction and reconstruction of economic and other facilities that affect the state of water bodies; state monitoring of water bodies, their protection from pollution.

Water protection zones of water bodies that serve as sources of drinking water supply or spawning grounds for valuable fish species are declared specially protected areas in the manner established by the Government of Russia.

The Federal Law "On the Fauna" (as amended on March 14, 2009) regulates relations in the field of protection and use of wildlife, conservation and restoration of animal habitats in order to ensure biological diversity, create conditions for its existence, preserve the genetic fund of wild animals and other protection of the animal world as an integral element of the natural environment.

So, the ongoing restructuring government controlled nature management and environmental protection, the formation of modern environmental and environmental legislation should create favorable conditions for the transition to the protection of integral natural complexes (in contrast to the previously prevailing resource-based form of nature protection): streamlining the system of specially protected natural areas (rejection of their excessive multiplicity); strengthening the protection of "wildlife" (on an equal footing with the "non-living" independent natural block).

1.2 Decision-making system for environmental management

Currently, many organizations and enterprises in Russia are interested in achieving environmental efficiency, control the impact of their activities, products and services on the environment (ES). All this is being done in the context of increasingly stringent legislation aimed at protecting the environment, as well as in the context of a general increase in the concern of stakeholders with environmental issues, including sustainable development. The task is to ensure that such work on environmental protection is not carried out by individual enterprises and organizations, but these issues are resolved at the state level and all organizations and enterprises that have an impact on the environment are involved. Such work, in our opinion, should be carried out within the framework of a structured system of administrative management at all levels (state, industry, subjects of the Russian Federation).

The system of state management of environmental protection is aimed at:

Implementation and improvement of state policy in the field of environmental protection;

Creation of a safe working environment in organizations;

Protecting the legitimate interests of employees affected by environmental pollution and occupational diseases;

Ensuring effective interaction and cooperation of subjects of social and labor relations in addressing environmental issues: employers, associations of employers, state bodies, local governments, trade unions represented by their respective bodies, their associations and other representative bodies authorized by employees.

Considering that the current legislation does not distinguish between functions in the field of environmental protection and, in this regard, the competence of the federal executive body in charge of environmental protection, federal executive bodies and executive bodies of the constituent entities of the Russian Federation in the field of environmental protection has not been clarified, in the system of state management of environmental protection (hereinafter - SGUEP) the goal was to define these functions specifically.

The subject of consideration of the system of state management of environmental protection is the system of state management of environmental protection in the Russian Federation, which includes three levels:

Federal. State management of environmental protection in the Russian Federation in accordance with the Federal Law "On Environmental Protection" is carried out by the Government of the Russian Federation directly or on its behalf by the federal executive body in charge of environmental protection - the Ministry of Natural Resources of the Russian Federation and other federal executive bodies.

Consideration of issues and preparation of proposals in the field of environmental protection, coordination of the activities of federal executive authorities is carried out by the Interdepartmental Commission for Environmental Protection in cooperation with executive authorities of the constituent entities of the Russian Federation, trade unions and employers' associations, as well as organizations of the Russian Federation. Separate functions of environmental protection management are performed by the prosecutor's office and the Social Insurance Fund of the Russian Federation;

Industry. Management of environmental protection in an industry or in a certain area of ​​activity is carried out by the relevant federal executive authorities and their territorial authorities together with the executive authorities of the constituent entities of the Russian Federation;

The level of the subject of the Russian Federation. State management of environmental protection in the territories of the constituent entities of the Russian Federation is carried out by federal executive authorities and executive authorities of the constituent entities of the Russian Federation in the field of environmental protection within their powers.

Local self-government bodies carry out environmental protection management in the relevant territory within the limits of their powers, as well as the powers transferred to them by state authorities of the constituent entities of the Russian Federation in the prescribed manner.

The content of the production management of nature management and environmental protection is determined by the tasks of a particular enterprise in fulfilling the legal environmental requirements addressed to it. These tasks, taking into account the specifics of enterprises, can be related to ensuring the rational use of subsoil, forest resources, the protection of water bodies, atmospheric air, industrial waste management, etc. A special organization of appropriate activities will help to most successfully solve such problems. At the same time, the most specific functions of production management are planning, accounting for harmful effects on nature, coordinating the environmental protection activities of various departments, and environmental control. Management is carried out both by functional services (engineer, mechanic, technologist, energy, sales, control), heads of production units, and specially created departments (services) for nature protection. Whereas previously many Russian enterprises created environmental services, now the responsibility for nature protection, as a rule, rests with the head of one of the functional units, most often the chief engineer. Industrial management of natural resources and environmental protection is regulated primarily local acts, i.e. acts of the enterprise, taking into account its specifics.

Sectoral (departmental) management of nature management and environmental protection is carried out by the ministries, state committees, federal services within their industry or field of activity, if such activity is associated with the use of natural resources or harmful effects on the environment. As with production management, the content of sectoral management is determined by the specifics of the industry or field of activity, the nature of the enterprises included in its system, the scale and types of impacts on nature.

In the environmental practice of Russia, a reserve remains for improving the efficiency of public, industrial and sectoral management. It concerns the development of cooperation between public formations and citizens, enterprises and sectoral ministries with state specially authorized bodies for the management of nature management and environmental protection. The basis of cooperation is the unity of goals of activity in this area. Such cooperation would undoubtedly contribute to the improvement of efficiency and public administration.

On a national scale, the greatest responsibility for the consistent implementation of environmental legislation lies with the bodies that carry out state management of nature management and environmental protection. The constitutional basis of their activities is Art. 10 of the Constitution of the Russian Federation, which enshrined the principle of division of the unified state power into legislative, executive and judicial branches.

State management in the field of nature management and environmental taps are an integral part of state government as a whole.

The role of state administration in this area is determined by the importance of state bodies in the mechanism of environmental protection. In the triad of subjects - a citizen, an organization (entrepreneur) and the state - state bodies occupy a special place. They have special legal and administrative means to ensure the implementation of the environmental requirements of the law, being able to resort to state coercion if necessary. First of all, they are responsible for ensuring environmental protection within the framework of the ecological function of the state. First of all, citizens have the right to ask them for non-compliance with their environmental rights and legitimate interests and environmental legislation in general.

State management of nature management and environmental protection is carried out on the basis of a number of methods. Management methods are understood as ways of state influence on the behavior and activities of the governed. Methods are divided into administrative (direct order, provided by the possibility of state coercion), economic (creation of conditions for the economic interest of organizations and labor collectives in fulfilling the requirements of the law and management decisions) and moral (rewarding with state awards, conferring honorary titles, etc.).

Given the role of public administration in this area, in comparison with other types of administration, its content is the most extensive.

Management of the use and protection of subsoil is also carried out taking into account the existing geological features of the formation of mineral deposits. The separation of economic and operational and control and supervisory functions of the organization of state management of nature management and nature protection as a principle is manifested in the fact that bodies endowed with control and supervisory functions of managing the use and protection of natural resources cannot perform the functions of economic use of the relevant resources. This principle should be applicable to specially authorized state bodies in the field of nature management and environmental protection. Through this principle, the objectivity of environmental control and supervision and the effectiveness of environmental law in general are ensured.

State management of the use and protection of natural resources is carried out by various state bodies endowed with different competences and functioning at different levels. They can be divided into three types: bodies of general competence, bodies of special competence, functional bodies.

The peculiarity of the management of natural resources and environmental protection by bodies of general competence is that they carry out this activity along with the solution of other tasks assigned to their competence - economic development, management of the development of the social sphere (health, education, etc.), culture, defense , space, etc.

The bodies of general competence that carry out state management of the use and protection of natural resources include:

Federal Assembly of the Russian Federation;

President of Russia;

Russian Government;

Administration of subjects of the Russian Federation;

local administration bodies.

The Government of the Russian Federation pays considerable attention to the problems of preserving and improving the quality of water in large and small water bodies. Starting from 2007 (since the transfer of powers), funds from the federal budget were allocated for clearing the small rivers of the region: in 2007 - 7.3, in 2008 - 10.2, in 2009 - 16.9 million rubles.

Federal funds directed to the subjects are part of the funds of water users who pay a fee for the use of water bodies. At the same time, as noted in the department of environmental protection and nature management, in 2007 the federal budget received no payment for the use of water bodies from the payers of our region, in 2008 it amounted to only 597 rubles (five hundred ninety-seven rubles). In 2009, the amount of payments has already reached 3.7 million rubles. If all water users conscientiously fulfill their obligations, budget revenues will amount to about 37.5 million rubles.

Thus, the region received an amount that significantly exceeds the revenues to the federal budget from the region's payers. All allocated funds were directed to clearing small rivers.

When analyzing the system of state administration bodies in the field of environmental protection and nature management of general competence, the fundamental question is: do representative bodies participate in this process? In accordance with the principle of separation of powers, state administration is entrusted to the executive authorities. Previously, when all power belonged to the Soviets of People's Deputies, the representative bodies carried out the management of environmental protection. Their participation in management was even enshrined in the Law "On the Protection of the Environment".

Taking into account the operation of the principle of separation of powers, the role of the Federal Assembly of the Russian Federation in the state management of nature management and environmental protection is minimal. It comes down, in particular, to the adoption of a decision to declare a zone of ecological emergency and an ecological disaster zone in accordance with the Law on Environmental Protection. In addition, the parliament is entrusted with a number of control powers provided for by the Constitution of the Russian Federation, which are indirectly related to the area under consideration. Moreover, they mainly belong to the State Duma. The control powers of the State Duma are manifested in the fact that it gives consent to the President of the Russian Federation for the appointment of the Chairman of the Government of Russia and decides on the issue of confidence in the Government of Russia. Taking into account the fact that state financing of environmental protection is of decisive importance for achieving the goals of maintaining and restoring a favorable state of the environment, the control of the State Duma over the activities of the Government in the formation of the budget is an important management function. Control over the execution of the federal budget, including under articles relating to environmental protection, belongs to the joint jurisdiction of both chambers of the Federal Assembly. On a regular basis, such control on behalf of the Federal Assembly is carried out by a specially created body - the Accounts Chamber.

The environmental activities of the President of Russia are regulated by many acts, including the Constitution of the Russian Federation. The most important functions of the management activities of the President, provided for by the Constitution, include the determination of the main directions of the internal and external environmental policy of the state; rulemaking; organization of the system of central executive bodies of Russia; guarantees of observance of the rights of citizens in the field of nature management and environmental protection; ensuring the coordinated functioning and interaction of state authorities in the field of nature management and environmental protection.

Management of environmental protection and nature management is carried out both directly by the President of the Russian Federation and structures in his administration. During the existence of the institution of the presidency in Russia, special structures in the Presidential Administration were the Advisor to the President on Ecology and Health Protection, the Interdepartmental Commission on Environmental Safety of the Security Council of the Russian Federation. However, the first of these structures has been abolished.

The competence of the Government of the Russian Federation and the governments of the constituent entities of the Russian Federation in the field of nature management and environmental protection is determined by many regulatory legal acts - both general and environmental. In accordance with Art. 114 of the Constitution of the Russian Federation The Government of the Russian Federation:

Ensures the implementation in the Russian Federation of a unified state policy in the field of ecology;

Manages federal ownership of natural resources;

Carries out measures to ensure the rule of law, the implementation of environmental rights of citizens, etc.

Government of the Russian Federation:

Ensures the implementation of a unified state policy in the field of environmental protection and environmental safety;

Takes measures to implement the rights of citizens to a favorable environment, to ensure environmental well-being;

Organizes activities for the protection and rational use of natural resources, regulation of nature management and development of the mineral resource base of the Russian Federation;

Coordinates activities to prevent natural disasters, accidents and catastrophes, reduce their danger and eliminate their consequences.

The powers of the Government of the Russian Federation are regulated in more detail in the Law “On Environmental Protection” and other acts of legislation on the environment. In particular, the Government of the Russian Federation:

Ensures the development and implementation of state environmental programs;

Coordinates the activities of ministries and departments on the territory of the Russian Federation in the field of environmental protection;

Establishes the procedure for the formation and use of the federal off-budget environmental fund;

Organizes the preparation and distribution of the annual state report on the state of the environment;

Establishes the procedure for the development and approval of environmental standards for emissions and discharges of pollutants into the environment, limits on the use of natural resources, waste disposal;

Establishes the procedure for determining fees and their limits for the use of natural resources, environmental pollution, waste disposal, and other types of harmful effects;

Takes decisions on the organization of specially protected natural areas and objects and their inclusion in the natural reserve fund of the Russian Federation;

Organizes a system of universal continuous environmental education and education of citizens, etc.

The activities of bodies of general competence in the field of nature management and environmental protection at the level of the constituent entities of the Russian Federation are regulated by both federal legislation and regulatory legal acts of the constituent entities of the Russian Federation. It includes ensuring the implementation of the state environmental policy; coordination of activities of ministries and departments in this area; planning of rational use of natural resources and environmental protection; organizing the maintenance of cadastres of natural resources at the level of subjects; implementation of state control over nature management and environmental protection, etc.

State authorities of the constituent entities of the Russian Federation:

Implement state policy in the field of environmental protection on the territory of the relevant subject of the Russian Federation and for this purpose create units for environmental protection and state expertise of environmental conditions as an executive authority of the subject of the Russian Federation in the field of environmental protection, or as part of an executive authority for environmental protection of the subject of the Russian Federation;

Develop and adopt laws and other regulatory legal acts of the subject of the Russian Federation on environmental protection;

Participate in the development and implementation of federal targeted programs to improve conditions and protect the environment;

Develop and approve territorial target programs for improving conditions and protecting the environment, control their implementation;

Determine the costs of environmental protection at the expense of the budgets of the constituent entities of the Russian Federation;

Transfer, if necessary, to local self-government bodies certain powers for state management of environmental protection in the territories of municipalities.

Executive authority of the subject of the Russian Federation in the field of environmental protection

Along with the coordination activities for environmental protection on the territory of the subject of the Russian Federation, the executive authority of the subject of the Russian Federation in the field of environmental protection:

Develops draft laws and other regulatory legal acts of the subject of the Russian Federation on environmental protection;

Submit draft legislative acts of a constituent entity of the Russian Federation for a conclusion on compliance with federal legislation to the Ministry of Natural Resources of the Russian Federation;

Organizes communication to organizations of regulatory legal acts on environmental protection approved by the Government of the Russian Federation, federal executive authorities;

Supports the functioning of the Russian information system for Environmental Protection (RISEP);

Organizes the development and implementation of territorial target programs for improving conditions and protecting the environment;

Takes part in the development and implementation of federal targeted programs to improve conditions and protect the environment;

Develops, together with interested organizations, measures for the economic interest of employers in ensuring safe environmental conditions;

Organizes training and testing of knowledge of environmental protection requirements for specialists and managers;

Provides information assistance to organizations in placing orders for the purchase of personal protective equipment;

Conducts state examination of the conditions of environmental protection of employees, certification of environmental protection work in organizations;

Controls the reflection of environmental protection requirements in the constituent documents of legal entities during their registration;

Participates in the prescribed manner in the investigation of group accidents at work, accidents at work with a severe outcome, accidents at work with a fatal outcome;

Annually sends information to the Ministry of Natural Resources of the Russian Federation on the state of and measures to improve conditions and environmental protection in the constituent entity of the Russian Federation, proposals for improving federal legislation on environmental protection and on the formation of state policy in the field of environmental protection;

Prepares opinions for consideration in court of issues on the liquidation of organizations or their divisions in case of violations of environmental protection requirements;

Provides interaction on environmental issues in the territory of the subject of the Russian Federation of federal executive authorities, executive authorities of the subject of the Russian Federation, associations of trade unions, associations of employers, the state inspection for environmental protection in the subject of the Russian Federation, other bodies of state supervision and control over compliance requirements of environmental protection, local governments;

Provides methodological assistance to organizations in improving the work of environmental protection services;

Carries out control over the conditions and environmental protection, the quality of certification of workplaces in terms of environmental protection, the correctness of the provision of compensation for hard work and work with harmful or dangerous environmental conditions, and also prepares proposals for classifying organizations as an occupational risk class in accordance with results of certification of works on environmental protection in organizations;

Organizes and conducts an examination of environmental conditions for construction projects of new and reconstructed production facilities in terms of compliance of the environmental conditions designed in them with environmental protection requirements;

Issues permits to educational institutions for training and testing the knowledge of environmental protection requirements for employees of organizations, including managers;

Organizes and carries out the preparation and issuance of conclusions to organizations on the state of conditions and environmental protection when licensing certain types of activities; submits proposals to the licensing authorities on the suspension or revocation of licenses to organizations that do not comply with the requirements of environmental protection;

Develops, together with interested organizations, activities for the generalization and dissemination of best practices in the field of environmental protection, organizes competitions, environmental protection days, etc.;

Considers disagreements between employers and employees of organizations for the provision of compensation for work with a harmful or dangerous environment and issues conclusions;

Organizes work related to the preparation of an opinion on the nature and conditions of the environment to resolve the issue of the correctness of establishing discounts and surcharges to the basic insurance rate in accordance with the requirements of the Federal Law "On Compulsory Social Insurance against Industrial Accidents and Occupational Diseases";

Organizes the work of territorial interdepartmental commissions or coordinating councils for environmental protection.

The powers of local governments in the field of environmental protection and nature management are defined as the Federal Law of October 6, 2003 “On general principles organizations of local self-government in the Russian Federation”, as well as separate acts of environmental legislation.

Local self-government is carried out throughout Russia in urban, rural settlements and other territories. This is the most numerous system of organs in the country, designed to solve problems in the field of interaction between society and nature. When evaluating these bodies, it is important to keep in mind that environmental problems tend to be local in nature.

Local self-government is an expression of the power of the people, it is an independent activity of the population recognized and guaranteed by the Constitution of the Russian Federation and under its own responsibility to resolve issues of local importance directly or through local governments, based on the interests of the population, its historical and other local traditions. Local self-government bodies include both elected and other bodies formed in accordance with the charters of municipalities.

Municipalities are in charge of issues of local importance, as well as certain state powers that may be vested in local governments.

Local issues include:

Possession, use and disposal of natural resources that are in municipal ownership;

Ensuring the sanitary well-being of the population;

Regulation of planning and development of territories of municipalities;

Control over the use of land on the territory of the municipality;

Regulation of the use of water bodies of local importance, deposits of common minerals, as well as subsoil for the construction of underground structures of local importance;

Improvement and gardening of the territory of the municipality;

Participation in environmental protection on the territory of the municipality;

Organization and content of the municipal information service.

Based on the analysis of sources of environmental pollution, the ecological state of the territory of the municipality of Novy Urengoy, the priorities of environmental activities are:

reduction of negative impact and regulation of environmental quality;

preservation of natural complexes and biological diversity, including rare and endangered species of animals and plants;

informing, educating and raising the ecological culture of the population;

organization and development of the system of ecological education and upbringing.

So, in modern conditions, the priority is to ensure sustainable socio-economic development of the municipality while maintaining a favorable environment.

1.3 Fundamentals of improving environmental management at the municipal level

The Yamalo-Nenets Autonomous Okrug (hereinafter referred to as the Autonomous Okrug) is characterized by the presence on its territory of a large number of minerals, among which hydrocarbons are the most important. Undoubtedly, hydrocarbon production determines the economic stability of the Russian Federation. The Autonomous Okrug accounts for more than 75% of all proven gas reserves in Russia (a third of the world), 10% of oil. 216 deposits of carbon raw materials have been discovered in the Autonomous Okrug. Of these, only a quarter is in commercial development, 11 fields are prepared for exploitation, including the giant Bovanenkovskoye, Kharasaveyskoye, Novoportovskoye deposits in the Yamal region of the Autonomous Okrug.

In this context, it is fundamentally important to note that the Autonomous Okrug is the territory of the original residence of the indigenous peoples of the North. The Yamal region of the Autonomous Okrug is one of the few regions in the world where the original culture of aboriginal peoples has been preserved. The key components of the culture of the ancient northern ethnic groups are reindeer herding, hunting and fishing.

Industrial development of the Yamal Peninsula - access of gas workers to the sea shelf, development of the Bovanenkovskoye oil and gas field, construction railway, according to ecologists, will significantly increase the human impact on nature and exacerbate the problems of its protection. This applies both to natural complexes as a whole and to individual, especially vulnerable species of animals and birds listed in the Red Book of Yamal.

In the floodplains of the rivers crossing the Yamal Peninsula, the most valuable nesting sites of the red-breasted goose and peregrine falcon are concentrated in Yamal, the lesser swan, the lesser white-fronted scoter, the common scoter, and the white-tailed eagle live. This is the most important area for nesting and molting of waterfowl - bean goose, white-fronted goose, pintail, long-tailed duck and others. Here are the northern boundaries of the distribution of many species of animals and plants. River basins have the most valuable commercial stock of whitefish. Fossil remains of the mammoth fauna are concentrated here.

The active industrial development of the North has a significant impact on ecological situation of the developed territories, on the traditional way of life of the aboriginal population and traditional crafts. In addition, an increase in the concentration of pollutants in the air, water, soil and plants leads to a significant deterioration in the health status of both the newcomer and the aboriginal population of the Autonomous Okrug. The change in the state of health of the population associated with changes in the environment is of a delayed nature, and the duration of the delay period is different for different genesis of the technogenic impact.

When implementing plans for the industrial development of the Yamal Peninsula, it is necessary to preserve the unique ecosystem of the Peninsula as one of the main components of maintaining the existing lifestyle and health of people. The industrial development of the Yamal Peninsula and the related restructuring of the economy in this area should be accompanied by an assessment of the environmental pressure on people. Environmental pressure monitoring will allow promptly identifying emerging environmental problems and taking timely appropriate measures to ensure a stable and safe environmental situation on the territory of the Autonomous Okrug on the example of the Yamal region in conditions of active technogenic impact.

The Department of Natural Resources Regulation and Development of the Oil and Gas Complex of the Yamalo-Nenets Autonomous Okrug is the executive body of state power of the Yamalo-Nenets Autonomous Okrug, which performs the functions of developing state policy, legal regulation, state control, and also ensures the implementation of the powers of the Autonomous Okrug as a subject of the Russian Federation in the following areas of activity:

Subsoil use;

land use;

Water use;

Forest management;

Protection of the environment, atmospheric air, specially protected natural areas of regional importance and the treatment of production and consumption waste, as well as the organization and conduct of state environmental expertise of objects at the regional level.

This year, taking into account the unresolved problems with the financing of municipal control, we can talk about the creation of municipal environmental control services so far in industrialized cities, where it is possible to maintain such a service and there are serious environmental problems.

The regulation on municipal environmental control on the territory of the municipality of the city of Novy Urengoy can be developed for the purpose of legal regulation of legal relations in the field of exercising the functions of a local government body on environmental protection, rational environmental management and ensuring environmental safety on the territory of the municipality.

With its introduction, the following goals and objectives are achieved:

Implementation of the norms of federal legislation providing for the transfer of functions in the implementation of environmental policy, material resources and responsibility to the municipal level;

Regulation of the activities of the local government in the implementation of municipal environmental control;

Creation of a legal mechanism for the environmental management system at the municipal level;

Creation of a fundamentally new municipal service, coordinating the environmental activities of enterprises and organizations, regardless of their form of ownership and departmental subordination;

Determination of forms and methods of involving the population in activities to improve the environment and improve places of residence and common use on the territory of the municipality.

With the introduction of municipal environmental control, the following results can be expected:

An efficient environmental management system will be created in the city that will make it possible to pursue a targeted environmental policy that will steadily reduce the anthropogenic impact on the environment and, accordingly, reduce mortality and morbidity rates of the population, carry out landscaping and landscaping activities, improve socio-economic indicators and quality of life;

There will be incentives for enterprises through municipal environmental control in the introduction of the latest environmentally efficient technologies, assistance in the development of the market for environmental services and environmental entrepreneurship will reduce the consumption of natural resources, prepare the economy of the municipality for Russia's accession to the WTO and the transition to European standards for the safety of products and production processes, create new workplaces;

The involvement of the public in solving the environmental problems of the city and planning environmental activities will serve as an incentive for the population in the growth of environmental culture, civic activity in public control, and for the practical participation of residents of the municipality in the implementation of environmental activities.

Coordination of the control activities of federal and regional authorities and administration within the framework of municipal environmental control in the city can be carried out either in relation to environmental issues to the socio-economic development of the city, or on the basis of an agreement with territorial federal executive authorities in the field of environmental protection and nature management. In order to avoid duplication of environmental control functions, taking into account the requirements of the Federal Law "On the protection of the rights of legal entities and individual entrepreneurs during state control (supervision)", it is advisable to practice planned comprehensive inspections of enterprises using natural resources with the participation of federal regulatory authorities and issuing relevant orders of the city administration on checks.

Chapter 2

2.1 Mechanisms for economic regulation of the implementation of environmental policy (on the example of the municipality of Novy Urengoy)

The economics of environmental management is closely related to the economy of the country and forms the initial information about the need to use natural resources in solving problems of the efficiency of production development. The emergence of new tasks for the rational use of natural resources and environmental protection is due to the tangible need for management practice. A comprehensive program-targeted approach to the development of new forms of ownership and a market economy reflects the interconnection of all sections of the environmental management program. The development of the scientific foundations of the economics of nature management is facilitated by the development of general schemes for the distribution of productive forces, including regional aspects, production features, resource potentials, etc.

An economic assessment of the state of pollution and the determination of the main planned indicators for the preservation of a high-quality natural environment make it possible to develop a comprehensive plan for the protection, restoration and improvement of the environment. Its development should be based on estimated minimum justified costs, which should be linked to annual and strategic integrated forward-planning budgets at the local, district and national levels. The higher the national income, the greater the amount that can be allocated for environmental protection.

Currently, the legal and socio-economic aspects that establish the principles for the use of environmental resources have not yet been fully developed. Therefore, a mismanagement of the pantries of nature, the operation of machinery, equipment, buildings and structures has developed. To create conditions for the harmonious development of society and nature, which implies an ever more complete satisfaction of human needs, new socio-economic problems of environmental protection have arisen, for the solution of which resource-saving and environmental measures that ensure the preservation of people's health, maintaining the comfort of their lives have become decisive. The trend of changes in the indicators of the ecological and economic system should be such that conditions for the conservation of nature for present and future generations are created.

From the analysis of the retrospective of the development of environmental protection measures and resource-saving technology for the production of consumer goods, it follows that the multibillion-dollar expenditures for these purposes did not bring the desired results. Indicators of environmental and economic efficiency have not improved.

The main reason for the deterioration of the environmental situation in our country is the lack of a sustainable mechanism that would make the economy of pollution sources dependent on environmental and economic standards that determine the types of economic, moral and other incentives for rational resource use and environmental protection measures in the context of changed forms of ownership of the means of production and natural resources.

The strategy of socio-economic development, if it takes into account the resources of use, reproduction of the natural environment, should take into account the growth of agricultural, industrial, individual and other products, an increase in the amount of energy produced, the expansion of transport and services, an increase in domestic comfort, working conditions, etc. The integrated development of environmental and resource-saving activities in municipalities, territorial production complexes, and enterprises should be focused on improving environmental and economic efficiency and meeting the socio-economic needs of a person. In our country, market relations are being formed, property is being privatized, the forms and methods of managing the economy are changing, which should help increase the environmental and economic efficiency of nature management. World experience in the construction of environmental facilities indicates that the problems of environmental protection and resource-saving activities in industry, agriculture and the non-productive sphere can be successfully solved in the development of territorial planning, within the framework of industrial and social infrastructures, at the level of the republics and the country as a whole.

The environmental policy of the municipality of Novy Urengoy is based on the Constitution of the Russian Federation, federal laws and other regulatory legal acts of the Russian Federation, international treaties of the Russian Federation in the field of environmental protection and rational use of natural resources.

In accordance with the principles of the Concept of Transition of the Russian Federation to Sustainable Development, approved by the Decree of the President of the Russian Federation of April 1, 1996 No. 440, it seems possible to ensure a balanced solution of socio-economic problems and the preservation of a favorable environment and natural resource potential in order to ensure a worthy contribution of the municipal education of Novy Urengoy in the desire of the world community to meet the needs of present and future generations, achieving harmony with nature and forming the sphere of reason (noosphere), scientifically substantiated by V. I. Vernadsky.

Legal basis for municipal environmental control:

European Charter of Local Self-Government (adopted by the Council of Europe on October 15, 1985 in Strasbourg). Extracts:

Art. 4. Scope of competence of local government

P.1 The main powers and competence of local self-government are established by the constitution or law. However, this provision does not preclude the granting of powers and competencies to local governments in accordance with the law for specific purposes.

P.2. Local self-government bodies, within the limits established by law, have complete freedom of action to implement their own initiatives on any issue that is not excluded from their competence and is not referred to the competence of another authority.

P.4. The powers granted to local self-government bodies should, as a rule, be full and exclusive.

P.5. Where powers are delegated by central or regional authorities to local governments, the latter should, as far as possible, have the freedom to exercise them in accordance with local conditions.

P.6. In the process of planning and making any decisions directly related to local governments, they are consulted, as far as possible - in advance and in an appropriate form.

Art. 6. Compliance of administrative structures and resources with the tasks of local governments.

P.1. Without prejudice to more general legislative provisions, local governments should be able to determine their own internal administrative structures so that they respond to local needs and ensure efficient administration.

Article 9. Sources of financing of local self-government bodies.

Clause 1 Local self-government bodies have the right, within the framework of national economic policy, to receive sufficient financial resources of their own, which they can dispose of in the performance of their functions.

P.2 The financial resources of local self-government bodies must be commensurate with the powers granted to them by the constitution or by law.

P.6. The procedure for providing redistributed funds must be properly coordinated with local governments.

2. The Constitution of the Russian Federation. Extracts.

Art.15. item 4. The generally recognized principles and norms of international law and international treaties of the Russian Federation are an integral part of the legal system. If an international treaty of the Russian Federation establishes other rules than those provided for by law, then the rules of the international treaty shall apply.

Art.72. item 1. The joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation is: ... c) issues of ownership, use and disposal of land, subsoil, water and other water resources; e) nature management, environmental protection and ensuring environmental safety, specially protected natural areas; j) ... land, water, forest legislation, legislation on subsoil, on environmental protection; m) establishment of general principles for the organization of the system ... of local self-government.

Art.130. item 1. Local self-government in the Russian Federation provides an independent solution of local issues by the population ... .

Article 131.p.2. The structure of local self-government bodies is determined by the population independently.

Art. 132. p. 1. Local self-government bodies independently manage municipal property, form, approve and execute the local budget, ... carry out the protection of public order, and also resolve other issues of local importance.

Federal Law of the Russian Federation "On the General Principles of Organization of Legislative (Representative) and Executive Bodies of State Power of the Subjects of the Russian Federation". No. 184-FZ of October 6, 1999 (in subsequent editions, including the version of the Federal Law of July 4, 2003 No. 95-FZ).

Article 1 Principles of activities of public authorities of a constituent entity of the Russian Federation.

P.1. In accordance with the Constitution of the Russian Federation, the activities of the authorities of the subject of the Russian Federation are carried out in accordance with the following principles:

h) independent exercise of their powers by local self-government bodies.

Federal Law of the Russian Federation "On the General Principles of Local Self-Government in the Russian Federation" of August 28, 1995 No. 154-FZ (subsequent editions, including the version of the Federal Law of December 8, 2003 No. 169-FZ). Extracts.

Art.6. Subjects of local self-government.

P.2. Local government issues include:

Regulation of the planning and development of the territory of the municipality;

Control over the use of land on the territory of the municipality;

Regulation of the use of water bodies of local importance, deposits of common minerals, as well as subsoil for the construction of underground structures of local importance;

Improvement and gardening of the territory of the municipality;

Organization of disposal and processing of household waste;

Participation in environmental protection on the territory of the municipality.

Article 9. State support for local self-government.

Federal bodies of state power, bodies of state power of the constituent entities of the Russian Federation create the necessary legal, organizational, material and financial conditions for the formation and development of local self-government and assist the population in exercising the right to local self-government.

Article 21. Municipal service.

Clause 2. The legal regulation of the municipal service, including the requirements for positions, the status of a municipal employee, the conditions and procedure for passing the municipal service, the management of the service is determined by the charter of the municipality in accordance with the laws of the constituent entities of the Russian Federation and federal law.

Art. 32. Relations of local governments with enterprises, institutions and organizations that are not in municipal ownership.

On issues that are not within the competence of local governments, their relations with enterprises, institutions and organizations that are not in municipal ownership, as well as with individuals, are built on the basis of contracts.

Local self-government bodies, in accordance with the law, have the right to coordinate the participation of enterprises, institutions and organizations in the integrated socio-economic development of the territory of the municipality.

Art. 44. Obligation of decisions taken by direct expression of the will of citizens, decisions of local governments and officials local government.

P.1. Decisions made by direct expression of the will of citizens, decisions of local governments and local government officials, taken within their powers, are binding on all enterprises, institutions and organizations located on the territory of the municipality, regardless of organizational and legal forms, as well as local governments and citizens.

5. Federal Law of the Russian Federation of October 6, 2003 No. 131-FZ "On the general principles of organizing local self-government in the Russian Federation" (as amended by the Federal Law of June 19, 2004 No. 53-FZ).

Art. 16, paragraph 1, paragraph 12: the issues of local importance of the urban district include the organization and implementation of environmental control of industrial and social facilities on the territory of the urban district, with the exception of objects, environmental control of which is carried out by federal government bodies. The same article provides for the organization of the implementation of environmental measures, the organization of a waste management system, the organization of landscaping and gardening, etc.

Art. 17, clause 1 establishes that, in order to resolve issues of local importance, local governments have the authority to issue municipal legal acts, make changes and additions to the charter of the municipality, and exercise other powers in accordance with federal law and the charter.

Article 42 Municipal service.

The legal regulation of the municipal service, including the requirements for municipal positions in the municipal service, the determination of the status of a municipal employee, the conditions and procedure for performing municipal service, is carried out by federal law, as well as laws adopted in accordance with it of the constituent entities of the Russian Federation and the charters of municipalities.

Article 43. System of municipal legal acts.

P.3. The representative body of the municipal formation, on issues referred to its competence by federal laws, laws of the constituent entity of the Russian Federation, the charter of the municipal formation, makes decisions establishing rules that are binding on the territory of the municipal formation ....

Art. 44. Charter of the municipality.

The charter of the municipality should determine: ... a list of issues of local importance.

6. Federal Law of the Russian Federation of January 10, 2002 No. 7-FZ "On Environmental Protection" (as amended by the Federal Law of August 22, 2004 No. 122-FZ). Extracts.

Article 7. Powers of local self-government bodies in the field of relations related to environmental protection

Issues of local significance of the city district:

Organization and implementation of environmental control of industrial and social facilities on the territory of the city district, with the exception of facilities, the environmental control of which is carried out by federal executive authorities.

Art.10. Management in the field of environmental protection is carried out by local governments in accordance with this federal law, other federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, charters of municipalities and regulatory legal acts of local governments.

Art.68.p. 1. Municipal environmental control on the territory of the municipality is carried out by local governments in accordance with the legislation of the Russian Federation and in the manner established by the regulatory legal acts of local governments

7. Federal Law of November 23, 1995 No. 174-FZ "On Environmental Expertise" (as amended and supplemented on April 15, 1998, as well as in the version of the Federal Law of August 22, 2004 No. 122-FZ). Extracts.

Art. 9. Powers of local governments, urban districts and municipal districts in the field of environmental expertise.

1. The powers of local governments, urban districts and municipal districts in the field of environmental expertise in the relevant territory include:

Delegation of experts to participate as observers in meetings of expert commissions of the state environmental review of objects of environmental expertise in the event of the implementation of these objects in the relevant territory and in the event of a possible impact on the environment of economic and other activities planned by another administrative-territorial unit;

Adoption and implementation, within the limits of its authority, of decisions on issues of environmental expertise based on the results of public discussions, polls, referendums, statements of public organizations (associations), movements, information about objects of environmental expertise;

Organization of public discussions, conducting polls, referendums among the population on planned economic and other activities that are subject to environmental impact assessment;

Organization at the request of the population of public environmental expertise;

Informing the federal executive authorities in the field of environmental expertise about the planned economic and other activities on the territory of the relevant municipality;

Informing the prosecution authorities, federal executive authorities in the field of environmental protection and state authorities of the constituent entities of the Russian Federation about the start of the implementation of the object of environmental expertise without a positive conclusion from the state environmental expertise;

Implementation in accordance with the legislation of the Russian Federation of other powers in this area.

Bodies of local self-government, urban districts and municipal districts have the right to:

Receive from the relevant state bodies the necessary information about the objects of environmental expertise, the implementation of which may have an impact on the environment within the territory of the municipality, and about the results of the state environmental expertise and public environmental expertise;

Send in writing to the federal executive authorities in the field of environmental expertise reasoned proposals on the environmental aspects of the implementation of the planned economic and other activities.

Municipal environmental control is carried out by the Department for Environmental Protection of the Administration of the municipality, which is created by the decision of the representative body of the municipality.

The activities of the Department are coordinated by the Deputy Head of the administration of the municipality.

The Department for Environmental Protection of the Administration of the municipality (hereinafter referred to as the Department), when exercising municipal environmental control, is guided by the Constitution of the Russian Federation, international treaties of the Russian Federation, federal laws, decrees and orders of the President of the Russian Federation, decrees and orders of the Government of the Russian Federation, regulatory legal acts of federal executive bodies, laws and other regulatory legal acts of the subject of the Russian Federation, the Charter and other legal acts of the municipality, as well as these Regulations.

The list of officials and specialists of the Department empowered to exercise municipal environmental control is approved by the Head of the administration of the municipality.

Financing of activities for the implementation of municipal environmental control is made from the local budget.

According to the Federal Law of October 6, 2003 N 131-FZ "On the General Principles of Organization of Local Self-Government in the Russian Federation", the Federal Law of January 10, 2002 N 7-FZ "On Environmental Protection", the order of the Head of the Administration of the municipality .Novy Urengoy dated July 5, 2009 N 161-Pr "On the environmental improvement of the city of Novy Urengoy in 2009 - 2011", the Charter of the municipality of Novy Urengoy created a municipal target program "Environmental protection in the territory of the municipality of Novy Urengoy for 2010 - 2012".

The total amount of funding for the activities of the Program and sources is 47,308 thousand rubles. (projectively), of which:

district budget - 20,000 thousand rubles. (forecast);

municipal budget - 27308 thousand rubles. (projectively), including:

for 2010 - 5100 thousand rubles. (forecast);

for 2011 - 13108 thousand rubles. (forecast);

for 2012 - 9100 thousand rubles. (forecast).

The main objectives of the Program: organization of an effective management system in the field of environmental protection, compliance with sanitary and environmental standards when handling production and consumption waste, their rational and cost-effective waste management, the formation of an ecological culture and ecological outlook of the population, promotion of environmental knowledge.

Program activities are aimed at the implementation of tasks in each of the areas. The basis of the Program is a system of interrelated activities, which are linked by resources, executors and deadlines for the implementation of a set of regulatory and legal framework, production, socio-economic, organizational, economic and other activities that ensure the effective solution of problems in the field of environmental protection.

The measures provide that the main goals to be achieved as a result of environmental work are:

Reduction of anthropogenic impact on the environment;

Organization of collection and processing of production and consumption waste;

Creation of environmentally safe conditions for storage and disposal of waste;

Raising the level of culture of the population, the formation of consciousness in the field of environmental protection.

As a result of the implementation of activities, it is predicted:

Reduce damage to the environment as a result of the disposal of production and consumption waste, ensuring the solution of the issue of waste disposal in the amount of 434.526 thousand cubic meters. m per year;

Improve the sanitary and epidemiological situation;

Raise the level of ecological culture of the population;

Ensure environmentally safe disposal of production and consumption waste.

The Children's Ecological Station is the only institution in the city whose activities are aimed at environmental education and upbringing of children, adolescents and environmental education of the population of the Municipal Formation of the City of Novy Urengoy, Yamalo-Nenets Autonomous Okrug.

The municipal educational institution of additional education for children “Children's Ecological Station” was created on the basis of the city station for young naturalists according to the order of the City Department of Public Education of Novy Urengoy on 11/01/1988.

Children's Ecological Station - an institution of additional education for children, is engaged in environmental education and education of the younger generation, by creating conditions:

for the disclosure, development and satisfaction of the interests of children in environmental, aesthetic and naturalistic work;

formation of interest in the biological sciences, ecology, experimental research activities;

education of respect for nature, involvement of children and adolescents in environmental activities.

DES pupils study at various schools in the city and have the opportunity to receive a wide range of educational services for harmonious self-development, but only the Children's Ecological Station has the necessary conditions to ensure direct communication between the child and nature, its living objects, in the harsh climate of the Far North. A study of the social order for additional educational services showed that parents, especially in families with low and medium incomes, are interested in additional education, upbringing and development of children (the most demanded was training in artistic, aesthetic, environmental education, as well as great interest in attracting children to communicate with living objects of the DES zoo corner), the DES team tries to satisfy the social order of the population as much as possible and educational institutions cities for additional educational services, to implement an educational system in the institution that promotes the moral and civic formation and development of children and young students.

Thus, the current federal and regional legislation directly provides for the possibility of considering, adopting and enacting the Regulations on municipal environmental control. The approval of the Regulations by the decision of the local representative body is carried out after the introduction and approval of amendments to the Charter of the municipality, providing for the assignment of the organization of municipal environmental control to issues of local importance, the creation of an appropriate unit in the structure of the city administration.

2.2 Analysis of the effectiveness of environmental protection measures for 2007-2009 (on the example of the municipality of Novy Urengoy)

An analysis of the state of the environment shows that the ecological situation in the city has not yet improved: urban areas are being irrationally used, the total number of green spaces is decreasing, and the proportion of degraded trees and shrubs is increasing. Despite a sharp drop in the mass of emissions from transport, there is no improvement in air quality, which is due to the poor technical condition of vehicles and the fact that the increase in the city's car park is not accompanied by adequate road construction and traffic management measures. There is no full-fledged legislative base to ensure the greening of economic activity; no effective economic mechanism has been created to stimulate resource conservation, the introduction of environmentally friendly technologies and the reduction of production waste. The totality of the complex of these problems causes concern of the townspeople.

According to the data provided by the Department of Natural Resources for the YNAO, most of the pollutants entering the main waterway of the Ob, as well as its tributaries, are burdened with oil, oil products, phenols, and heavy metals. Among them are mercury, lead, tin, strontium, manganese - only ten items. The mass of pollutants discharged into the water bodies of the district in 2009 amounted to approximately 17,177 tons.

Also last year, gross emissions of pollutants into the atmosphere amounted to more than 818,574 tons. Of these, the lion's share falls on stationary sources, that is, oil and gas enterprises, such as OJSC Rosneft-Purneftegaz, LLC Nadym Gazprom, OJSC Sibneft-Noyabrskneftegaz, LLC Urengoy-Gazprom, LLC Tyumengazstroy . The enterprises of the oil and gas complex account for 61 percent of emissions of pollutants into the atmosphere, the main ones being sulfur dioxide, hydrocarbon oxide, nitrogen oxides, volatile organic compounds, solids, hydrocarbons, and so on.

The most important source of air pollution in our region is natural gas flaring. The number of torches in the district is 1110 pieces, gas flare installations - 70 pieces. The existing level of atmospheric air pollution in the region is formed due to emissions from the operated compressor stations of the Novy Urengoy LPU 000 Tyumentransgaz "and KS-00 of the Novy Urengoy LPU of the Noyabrsky Directorate of the Surgutgazprom Main Pipelines and pollution created due to long-range transport from industrial areas (taking into account interpolation over the territory ) Novy Urengoy.

Background air pollution in Novy Urengoy is adopted in accordance with the "Guidelines for the control of atmospheric pollution RD.52.04.186-89" (M., Goskomgidromet, 1991) as for cities with a population of up to 250 thousand people, and is the following values:

For nitrogen dioxide - 0.03 mg/m3;

For carbon monoxide - 1.5 mg/m3;

For sulfur dioxide - 0.05 mg/m3;

In 2009, emissions of pollutants from mobile sources, that is, from vehicles, amounted to 132,962 tons, which is 16 percent of all gross emissions. An increase of another 13 percent is expected this year as the number of cars in the county increased. So, according to the YNAO traffic police, at the beginning of this year, 142,368 wheeled vehicles were already registered in the district. Emissions from mobile sources mean all types of transport: road; railway, air, river. But the lion's share, of course, falls on the automobile - 78 percent, the main pollutants: carbon monoxide, soot, lead compounds and others.

The territory of the Yamalo-Nenets Autonomous Okrug is 750 thousand square kilometers, with such a huge area, the population density is less than one person per square kilometer. And the greatest crowding and industrially developing areas. Total disturbed lands at the beginning of the current year - 112,456 hectares, of which 80,505 during the development of mineral deposits and geological exploration, 30 during peat extraction, and 31,921 during construction.

According to the data of the state statistical observation, more than 333 thousand tons of waste was generated at the enterprises of the district (meaning production and consumption waste), of which the main part - 83 percent - falls on the oil and gas complex enterprises: Service Drilling Company LLC - 79981 tons, LLC "Sibneft-Noyabrskneftegaz" - 37282, OOO "Yamburggazdobycha" - 17810. The total amount of waste per year in the district is 878 thousand tons, of which 218 thousand are toxic waste. Behind these figures are the rejection of reindeer pastures, the reduction of the forest fund, environmental pollution.

Highly qualified specialists of OAO GazpromDobychaUrengoy are engaged in solving environmental problems, scientists of the industry institutes VNIIGAZ, TyumenNIIgiprogaz and other scientific organizations of various ministries and departments are involved.

The main goal of scientific research today is the creation of environmentally friendly technologies and equipment.

An industry-specific system of industrial environmental monitoring of emissions of harmful substances and wastewater discharges, the state of air, water and soil in the area of ​​operation of OAO GazpromDobychaUrengoy is being created.

OAO "GazpromDobychaUrengoy" protects tundra landscapes by reducing land losses during the construction of pipelines, the field is being drilled in clusters (3 - 7 wells per cluster), using high-performance equipment of compact GTPs, and reliable gas transportation systems. Restores disturbed lands, uses modern biotechnology. In total, there are 23,747.94 hectares of land on the company's balance sheet.

OAO "GazpromDobychaUrengoy" protects rivers and lakes from pollution by industrial wastewater by burying them in the Cenomanian absorbing horizon, for this purpose a specialized landfill has been created at the field. With the direct participation of the department's specialists, the "Regulations on hydrogeoecological control at the Urengoy specialized industrial waste injection site" was developed. The main result of the work performed was that the removal of more than 20 million m 3 of industrial effluents under the gas deposit over the 22 years of operation of the Urengoy field prevented their pollution of the earth's surface, rivers, lakes and drinking groundwater, i.e. prevented a real ecological disaster for a large region with a very vulnerable natural environment. A regulatory and legal framework has been created to justify the construction and operation of specialized landfills for underground disposal of industrial waste, which made it possible to exempt OAO GazpromDobychaUrengoy from annual payments for wastewater disposal.

The problem of permafrost thawing in the area of ​​the MPC is solved by carrying out a comprehensive assessment of the current situation (the state of gas pipelines and the natural environment) based on the results, a decision was made on the need and possibility of gas cooling. There are currently four gas cooling stations (COGs) operating at the field at GTP 11, 12, 13.15.

When designing roads, the following environmental protection solutions are provided:

The subgrade is designed in such a way as to exclude a possible violation of the thermal regime of existing soils at the base of the subgrade and the adjacent strip (backfilling of the subgrade from the quarry, and the lower part is backfilled on a frozen base while maintaining the mossy cover in an undisturbed state);

Locations and openings of artificial structures ensure the preservation of drainage conditions after the construction of roads, which eliminates the negative impact on the environment;

Upon completion of the construction of roads, the lands allocated for temporary use are reclaimed: the roadside strip.

The basis of environmental protection in the construction of electrochemical protection means is the mandatory compliance with environmental protection requirements at all stages of work with land reclamation after their completion.

Let us analyze the effectiveness of the environmental protection measures taken in the municipality of Novy Urengoy for the period from May 2009 to May 2010.

Created by the administration of the city of Novy Urengoy, the municipal system for ensuring environmental safety in the city, including the Department for Environmental Protection and Natural Resources and the municipal institution "City Department for Analytical and Operational Control of the Quality of the Environment", which monitors the accuracy of charging for normative and excess pollution of the natural environment and the expenditure of these funds for their intended purpose, is working to increase the revenues to the budget of these funds.

The main task municipal institution"City Department for Analytical and Operational Control of the Quality of the Environment" is the accumulation and control over the spending of funds to finance activities in the field of environmental protection in the city.

The main source of these funds is the payment of enterprises, institutions, organizations for emissions, discharges of pollutants, waste disposal and other types of environmental pollution within the established standards and limits.

Environmental management consists in the development and implementation of local government measures aimed at implementing the strategy in the field of environmental protection and rational use of natural resources. It is known that the effectiveness of any activity largely depends on the effectiveness of the management structure, and environmental protection in the municipalities of the Russian Federation is no exception. At the same time, management in the field of environmental protection has a number of features: objective, due to the socio-economic conditions of the regions; subjective - political processes, reorganization of state bodies and changes in the regulatory framework.

In order to address the issues of preservation, improvement of the quality of the environment and improvement of the ecological situation in the city, which are relevant for Novy Urengoy, the Department has stepped up work to ensure environmental safety in the city as part of systematic environmental monitoring, combined with inspections of compliance with environmental legislation.

In 2009, the number of inspections of compliance with the requirements of environmental legislation increased by 2.4 times (692 inspections) in comparison with the same period in 2008. The largest number of inspections (57%) was carried out at the request of citizens.

As of April 24, 2010, the number of protocols on administrative offenses drawn up by the Department's employees increased by 1.4 times compared to the previous year, following the results of which fines were charged in the amount of 597.9 thousand rubles. (2008 figure).

Based on the results of measures taken to ensure environmental safety in 2009, the number of issued orders to eliminate identified violations increased by 3.7 times, sent to law enforcement and state structures of materials of checks by 1.7 times in comparison with 2008.

As part of the work carried out as part of the commission on the liberation of unauthorized occupied land, the demolition of unauthorized buildings and the transfer of other objects in 201, employees of the Department identified 57 unauthorized objects, of which 29 objects were dismantled. As of April 24, 2010, 32 unauthorized objects were identified, of which 18 objects (78%) were dismantled.

Receipts of targeted environmental funds for 2008-2009 are shown in Table 2 and Fig. 1.

Receipt of targeted environmental funds to the city budget for 2008-2009.

Continuous implementation of municipal environmental monitoring, combined with audits of compliance with environmental legislation requirements, resulted in a 27% increase in revenues to the city of Novy Urengoy compared to the same period, including: 72% on fees for services received by the Authority.

Fig.1. Receipt of funds for environmental pollution in 2008-2009

The increase in income is primarily due to:

more complete accounting of users of natural resources, clarification of the volume of pollution when calculating payments;

the introduction and implementation of such an effective measure as control over the reliability of initial data based on reconciliation of payments against primary environmental and accounting documentation available at enterprises.

inflation rate.

On the whole, in 2009, the Administration ensured receipt of revenues to the city budget in the amount of 94.7 million rubles, the implementation of the annual plan is 104.9%, including:

For payment for negative environmental impact - 84.8 million rubles. (104.4% of the annual plan),

For payment for services received by the Department - 9.8 million rubles. (109.6% of the annual plan).

In addition, in 2009, an additional 5.3 million rubles were attracted to the city budget. in the form of fines, voluntary compensation for environmental damage, sponsorship contributions, which is 204% more than in 2008.

In the 1st quarter of 2010, the implementation of the plan for payment for services received by the Department is 238% (1.547 rubles), an additional 849.960 thousand rubles were attracted to the city budget.

In 2009, the municipal order provided for within the framework of budgetary funds was placed and executed in full.

For the first time in Novy Urengoy, in addition to measures to identify and suppress the illegal demolition of green spaces, work has begun to increase and improve the quality of the green fund of the city. In order to improve the ecological situation and improve the environment, work is underway to develop a long-term target program "Preservation and development of green spaces in the city of Novy Urengoy". The adoption of this program will ensure the growth of the pace and quality of landscaping in combination with the comprehensive improvement of the city, improving the quality of the urban environment, improving living and recreation conditions for the population, preserving and developing socially significant green areas for common use.

Ensuring a stable revenue flow to the budget of the city of Novy Urengoy, as well as the adoption of the master plan of the municipality, made it possible to justify an increase in the expenditure part of the budget of the city of Vladivostok under the section "Environmental Protection" from 1.2 million rubles. in 2009 to 8.946 million rubles. in 2010, which in turn will increase the number of measures taken in the field of environmental protection.

There has been a trend of more active cooperation between the Office and public environmental organizations in the implementation of environmental projects.

Conclusion

Ensuring the environmental safety of the regions of the Russian Federation and the constitutional rights of the population to a favorable environment is currently impossible without the creation of modern mechanisms for regulating nature management and environmental activities at the municipal level. The division of environmental activities at the federal level between several authorized bodies currently creates obstacles to effective management and control in the field of nature management. The authorities of the constituent entities of the Russian Federation, and especially local governments, are poorly involved in these processes due to the limitations of their powers.

Local authorities, in accordance with the legislation of the Russian Federation, are empowered to organize waste management, participate in the state environmental review procedure in order to protect the interests of the population, issue approvals for the provision of land for mining, ensure environmental safety during construction and development of systems engineering communications.

The main goal of the policy of the municipality of Novy Urengoy in the field of improving the environmental management system and ensuring environmental safety is to realize the rights of city residents to a favorable environment, protect it from the negative impact caused by economic and other activities, improve and improve the quality of the environment for account of the transition from the elimination of the consequences of pollution to its prevention.

Environmental management is among the top overall priorities for city management. The environmental management system of the municipality of Novy Urengoy ensures the order and consistency of solving environmental issues on the territory through the allocation of resources, the distribution of responsibilities and the constant assessment of methods, procedures and processes. The environmental management system implemented as one of the management elements is a sign of good territory management and increases its investment attractiveness. Implementing environmental management as much as possible prevents environmental disasters.

The main principles of environmental management are defined by GOST R ISO 14001, which establishes the requirements for the environmental management system in order to implement the environmental policy of the territory and achieve target indicators, taking into account the requirements of environmental legislation and taking into account the results of environmental monitoring. In general, the environmental management system includes the following elements:

Optimization of the control system and prevention of impacts on various components of the environment;

Implementation of energy saving regime and use of natural resources;

Prevention and limitation of emergency incidents;

Informing the population, training and participation in solving issues related to the environment;

Informing public organizations about environmental impacts and issues related to the state of the environment.

The executive authorities of the municipality of Novy Urengoy should periodically analyze and evaluate the current environmental management system in order to identify favorable opportunities for its improvement. The environmental management system is a means to achieve the level of environmental performance that it has set for itself and systematically monitor it.

All sectoral executive bodies of state power of the municipality of Novy Urengoy, responsible within their competence for the whole range of issues related to environmental safety and environmental protection, should participate in the implementation of the environmental policy of the municipality of Novy Urengoy.

In order to improve the environmental management system and ensure environmental safety, the author of the thesis proposes next activities :

Develop and implement a system of target and planned environmental indicators as quantitative criteria for the environmental performance of the policy pursued by the executive bodies of the municipality of Novy Urengoy;

To bring to the attention of the heads of sectoral executive bodies of state power of the municipality of Novy Urengoy, ordinary employees "The main activities of the Administration of the municipality of Novy Urengoy";

Develop draft targeted programs financed from the budget of the municipality of Novy Urengoy in the prescribed manner, aimed at ensuring environmental safety and environmental protection;

Establish an Eco-Audit Chamber of the municipal formation of Novy Urengoy under the auspices of the Administration of the municipal formation of Novy Urengoy.

List of used sources and literature

Normative legal acts

1. The Constitution of the Russian Federation. - M: Legal lit. - 1993. - 64 p.

2. Russian Federation. Laws. On subsoil: Law of the Russian Federation of February 21, 1992 N 2395-1 // Collection of Legislation of the Russian Federation. - 1995. - N 10. - Art. 823.

3. Russian Federation. Laws. On Ratification of the Convention on Biological Diversity: Federal Law No. 17.02.1995 N 16-FZ // Collection of Legislation of the Russian Federation. - 1995. - N 8. - Art. 601.

4. Russian Federation. Laws. On the animal world: federal law of 04/24/1995. N 52-FZ // Collection of Legislation of the Russian Federation. - 1995. - N 17. - Art. 1462.

5. Russian Federation. Laws. On compulsory social insurance against accidents at work and occupational diseases: Federal Law No. 125-FZ of July 24, 1998 // Collection of Legislation of the Russian Federation. - 1998. - N 31. - Art. 3803.

6. Russian Federation. Laws. On the general principles of the organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation: federal law of October 6, 1999 N 184-FZ (as amended on April 5, 2010) // Collection of Legislation of the Russian Federation. 1999.- N 42. - Art. 5005.

7. Russian Federation. Laws. On Environmental Protection: Federal Law No. 7-FZ of January 10, 2002 // Rossiyskaya Gazeta. - N 6. - 2002.

8. Russian Federation. Laws. On the general principles of organizing local self-government in the Russian Federation: Federal Law No. 131-FZ of October 6, 2003 // Collection of Legislation of the Russian Federation. - 2003. - N 40. - Art. 3822.

9. Russian Federation. Laws. Water Code of the Russian Federation: federal law of 03.06.2006 N 74-FZ //Collected Legislation of the Russian Federation. - 2006. - N 23. - Art. 2381.

10. Russian Federation. Laws. Forest Code of the Russian Federation: federal law of December 4, 2006 N 200-FZ // Rossiyskaya Gazeta. - N 277. - 2006.

11. Russian Federation. Government. On the Environmental Doctrine of the Russian Federation: Decree of the Government of the Russian Federation of August 31, 2002 N 1225-r // Collection of Legislation of the Russian Federation. - 2002. - N 36. - Art. 3510.

12. Russian Federation. The president. On the system and structure of federal executive bodies: Decree of the President of the Russian Federation of March 9, 2004 N 314 // Rossiyskaya Gazeta. - 2004. - 17.04.

13. Russian Federation. Ministry of Natural Resources of the Russian Federation. Regulations on the Department of Natural Resources and Environmental Protection of the Ministry of Natural Resources of Russia for the Yamalo-Nenets Autonomous Okrug. Approved by order of the Ministry of Natural Resources of the Russian Federation No. 266 dated May 17, 2002 [Electronic resource] / Access mode: // http://www.upryanao.ru/

14. Yamalo-Nenets Autonomous Okrug. YaNAO administration. On approval of the departmental target program "Scientific support of measures to ensure a stable and safe environmental situation on the territory of the Yamalo-Nenets Autonomous Okrug in the conditions of active technogenic impact in the period 2009-2011: Resolution of the YaNAO Administration of December 25, 2008 N 720-A [Electronic resource] / Access mode:// http://www.dniyanao.ru/docs/720-A.doc

15. Charter of the Moscow Region of Novy Urengoy. Approved By the decision of the City Assembly dated December 28, 1998 No. 147 // Pravda Severa. – 31 March. - 2007.- S. 4-11.

16. Municipality of Novy Urengoy. Mayor. On the environmental improvement of the city of Novy Urengoy in 2009 - 2011: the order of the Head of the Administration of the municipal formation of Novy Urengoy dated July 5, 2009 N 161-Pr // Pravda Severa. 2009. 02.07.

Documentary and statistical publications

1. Russian Statistical Yearbook: Statistical Collection / Goskomstat of Russia. - M., 2009.

2. Nature requires // Rossiyskaya Gazeta. - No. 5172 (93). - 30.04.- 2010.

3. Current archive of the Environmental Protection Department of the municipality of Novy Urengoy.

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Attachment 1

Rice. 2. Main functions of the Department of Environmental Protection and Nature Management

See: Russian Federation. Laws. On the ratification of the Convention on Biological Diversity: Federal Law No. 16-FZ of February 17, 1995 // Collected Legislation of the Russian Federation. 1995. N 8. Art. 601.

See: Russian Federation. Government. On the Environmental Doctrine of the Russian Federation: Decree of the Government of the Russian Federation of August 31, 2002 N 1225-r // Collection of Legislation of the Russian Federation.2002. N 36. Art. 3510.

See: Zakharov M.V. Environmental problems in the spectrum of difficulties facing the country // Rossiyskaya gazeta.2009. No. 3212. P.5.

See: Ibid. C.6.

See: Belan B. D. Ecological monitoring: aircraft technologies for studying the urban environment // Engineering Ecology. M., 2008. No. 3. S. 3-21.

See: Laptev N.I. Ecological program as one of the conditions for sustainable development of the region // Problems of interaction between nature and society. Tomsk, 2009. P.4-5.

See: Russian Federation. Laws. On subsoil: Law of the Russian Federation of February 21, 1992 N 2395-1 // Collection of Legislation of the Russian Federation. 1995. N 10. Art. 823.

See: Russian Federation. Laws. Forest Code of the Russian Federation: federal law of December 4, 2006 N 200-FZ // Rossiyskaya Gazeta. N 277. 2006.

See: Russian Federation. Laws. Water Code of the Russian Federation: federal law of 03.06.2006 N 74-FZ //Collected Legislation of the Russian Federation. 2006. N 23. Art. 2381.

See: Russian Federation. Laws. On the animal world: federal law of 04/24/1995. N 52-FZ // Collection of Legislation of the Russian Federation. 1995. N 17.St. 1462.

See: Pozdeeva A. Ecology under reliable control // Rossiyskaya Gazeta. Special issue "Chemical Disarmament". No. 5076 (252). 29.12. 2009.

See: Tarakanov S. Millions to throw away. Compensation for negative impact on the environment is used irrationally // Rossiyskaya Gazeta. Sakhalin. No. 4701. 08 July 2008.

See: Parliamentary hearings were held in the Federation Council on the development of the regulatory framework in the field of environmental insurance. - Access mode: http://rg.ru

See: In 2010, the Kirov region will receive 14.8 million rubles for the protection of water bodies. - Access mode: http://rg.ru

See: Russian Federation. Laws. On Environmental Protection: Federal Law No. 7-FZ of January 10, 2002 // Rossiyskaya Gazeta. N 6. 2002.

See: Constitution of the Russian Federation, Article 114.

See: Russian Federation. The president. On the system and structure of federal executive bodies: Decree of the President of the Russian Federation of March 9, 2004 N 314 // Rossiyskaya Gazeta. 2004. 17.04.

See: Russian Federation. The president. On the system and structure of federal executive bodies: Decree of the President of the Russian Federation of March 9, 2004 N 314 // Rossiyskaya Gazeta. 2004. 17.04.

See: Russian Federation. Laws. On compulsory social insurance against accidents at work and occupational diseases: federal law of 24.07.1998 N 125-FZ // Collection of legislation of the Russian Federation. 1998. N 31. Art. 3803.

See: Russian Federation. Laws. On the general principles of the organization of local self-government in the Russian Federation: federal law of October 6, 2003 N 131-FZ // Collection of Legislation of the Russian Federation. 2003. N 40. Art. 3822.

See: Current Archive of the Environmental Protection Department of the Municipal Formation of Novy Urengoy.

See: Yamalo-Nenets Autonomous Okrug. YaNAO administration. On approval of the departmental target program "Scientific support of measures to ensure a stable and safe environmental situation on the territory of the Yamalo-Nenets Autonomous Okrug in the conditions of active technogenic impact in the period 2009-2011: Resolution of the YaNAO Administration of December 25, 2008 N 720-A [Electronic resource] / Access mode:// http://www.dniyanao.ru/docs/720-A.doc

Quote: Under environmental management one should understand the system of social measures aimed at the systematic maintenance and increase of natural resources, improvement of the production bases of the productivity of soils, waters, air, plants, animals and other factors of production.

See: Constitution of the Russian Federation. 1993.Art.15.

See: Russian Federation. Laws. On the general principles of the organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation: federal law of October 6, 1999 N 184-FZ (as amended on April 5, 2010) // Collection of Legislation of the Russian Federation. 1999. N 42. Art. 5005.

See: Russian Federation. Laws. On the general principles of organizing local self-government in the Russian Federation: Federal Law No. 131-FZ of October 6, 2003 // Collection of Legislation of the Russian Federation. 2003. N 40. Art. 3822.

See: Charter of the Moscow Region of Novy Urengoy. Approved By the decision of the City Assembly dated December 28, 1998 No. 147 // Pravda Severa. March 31st 2007. S. 4-11.

See: Russian Federation. Laws. On Environmental Protection: Federal Law No. 7-FZ of January 10, 2002 // Rossiyskaya Gazeta. N 6. 2002.

See: Municipal formation of Novy Urengoy. Mayor. On the environmental improvement of the city of Novy Urengoy in 2009 - 2011: the order of the Head of the Administration of the municipal formation of Novy Urengoy dated July 5, 2009 N 161-Pr // Pravda Severa. 2009. 02.07.

See: Ibid.

See: Environmental policy of OAO GazpromDobychaUrengoy [Electronic resource] / Access mode:// http://www.ugp.ru/ecology/

See: Galaktionova L. Our home is a habitat // Pravda Severa. 2009. 15.06. C. 2.

See: Galaktionova L. Let's live cleaner and quieter // Pravda Severa. 2008. 12.04. C. 1.

general characteristics nature protection activities in the system of local government functions. The concept of the environmental ecological function of local self-government. Implementation of the powers of local governments in the field of environmental protection. At present, the issue of environmental protection is very acute and relevant, and the solution of this issue is largely entrusted to local governments.

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SAINT PETERSBURG UNIVERSITY

MANAGEMENT AND ECONOMY

YAKUT INSTITUTE OF ECONOMICS

Department of Management

Direction undergraduate 081100.62

"State and municipal administration"

Course work

Discipline: "Fundamentals of state and municipal government"

Topics: "Organization of state and municipal management to solve environmental problems"

Completed by student:

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Yakutsk 2015

Introduction……………………………………………………………………………3

Chapter 1. General characteristics of environmental activities in the system of functions of local government…………… ………………...5

1.1 The concept of the environmental (environmental) function of local government………………………………………………………………..….5

1.2 Implementation of the powers of local governments in the field of environmental protection……………………………………………………..12

1.3 Ecological situation and environmental problems of cities ………..17

1.4 Goals and objectives of the municipal environmental policy ……………...20

1.5 Mechanisms for the implementation of municipal environmental policy .. ... 21

Chapter 2……..26

2.1 Ecological state of the environment in Yakutsk: problems and solutions…………………………………………………………………….. 26

in the city of Yakutsk ………………………………………………………………….37

on the health of the population of the city of Yakutsk .. ……………………………………38

environment …………………………………………………………..40

Conclusion……………………………………………………………….…….43

List of used literature……………………………………………44

Introduction

In accordance with the Constitution of the Russian Federation, everyone has the right to a favorable environment, everyone is obliged to preserve nature and the environment, take care of natural resources, which are the basis for sustainable development, life and activity of the peoples living on the territory of the Russian Federation.

The state of the environment is one of the most important parameters that determine the quality of life of the population on the territory of the municipality and on the planet Earth as a whole.

At present, the issue of environmental protection is very acute and relevant, and the solution of this issue is largely entrusted to local governments.

Every year more and more attention is paid to environmental issues. With the growth of the level of urban life, technical and scientific progress, we are gradually moving away from our primary source of life - our mother Nature.

The environmental safety of the territory is an essential component of public safety, therefore, the municipal government, especially in cities with an unfavorable environmental situation, must develop and implement a local environmental policy related to the environmental policy of the state and aimed at protecting the environment from adverse anthropogenic impacts. The implementation of an effective environmental policy has a positive effect on the environmental situation not only in a particular municipality, but also in the region and in the state as a whole.

Local self-government bodies operate at a level directly close to the population, and are called upon to address issues of ensuring the vital activity of the population. This implies the creation of all conditions for the normal functioning and harmonious development of a person, including a favorable living environment in urban, rural settlements and other municipalities.

The relevance of the work lies in the global issue of the state of the environment, especially the activities of local governments in the field of environmental protection.

The purpose of the work is to identify and develop ways, measures to solve environmental problems with the help of local governments, to disclose certain issues of the urban district of the city of Yakutsk at the local level.

To achieve the goal, it is necessary to solve the following tasks:

• Review and study scientific material on environmental issues at the local level;
• To identify what problems exist in the development of environmental protection;
• Consider environmental protection facilities at the local level;

The object of study in this issue is the GO "city of Yakutsk".

The subject of the work is measures and ways of solving issues of local importance of the city of Yakutsk.

The paper proposes a set of measures implemented by local governments, which is aimed at studying the environmental situation and the quality of life of people living in the city of Yakutsk, will solve existing environmental issues and use the complex in general in Russia.

Chapter 1. General characteristics of environmental activities

in the system of local government functions

1. The concept of the environmental (environmental) function of the local

self-government

The study of the essence and content of the functions of local self-government in general, and the environmental (environmental) function, in particular, must begin with the question of what local self-government is, what are its features that determine the specifics of the functional purpose of this socio-legal institution.

Local self-government is one of the most important institutions modern society. Today it is both a form of self-organization of citizens and - in this capacity - an integral part of civil society, a level of public authority (an instrument of democratic participation of citizens in the management of common affairs) and an element of a market economic system (filling in the gaps in the market in terms of providing services to residents and coordinating economic activities) .

The President of Russia outlined the work on the development of local self-government as one of the priority tasks of the state - "local self-government should give citizens the opportunity to independently solve their local problems without instructions and orders from above."

Currently, Russian local self-government is on the verge of an important milestone in its development.

Local self-government in the Russian Federation should be understood as the independent activity of municipal authorities guaranteed by the Constitution of Russia, as well as the population of the municipality, by decision in accordance with the law and the available material and financial means of a certain part of state affairs, based on the interests of the population of the municipality, its historical and other local traditions in order to improve his well-being.

The functions of local self-government are determined by its tasks and purpose. In the tasks of local self-government, its social purpose is determined. They have an initial meaning in relation to its functions, they are their immediate immediate presupposition. The main such tasks, in our opinion, can be, firstly, ensuring the interests of the population of the municipality and harmonizing these interests with the interests of the state as a whole, and, secondly, the integrated socio-economic development of the municipality.

Integrated socio-economic development of the municipality involves the implementation of all economic, social and environmental processes at the local level in their inseparable combination.

The essence of local self-government is seen in the decentralization of public administration, expressed in the involvement of citizens and (or) their bodies directly in the management process, in order to reconcile state interests with the interests of the territories in which these citizens live, and to ensure the integrated socio-economic development of these territories in order to create all the conditions necessary for normal human life.

Thus, the functions of local self-government are actually derived from the functions of the state.

The main features of the functions of local self-government include the following:

• the function of local self-government always follows from its essence and purpose;
• the function characterizes the direction of the activity of the subjects of local self-government, the need for the implementation of which gives rise to the existence of local self-government as a social phenomenon;
• the function of local self-government reflects its most significant features and is aimed at solving its main tasks;
• the function is distinguished by constancy, which shows the continuity, the duration of its action.

At the same time, the orientation of the activities of local self-government entities cannot be identified with the very activities of these entities. As rightly noted by V.A. Yusupov 1 , it is necessary to separate two concepts: “management function” and “implementation (implementation) of the management function”, and “under the management function in social systems one should understand the potential opportunity, and in some cases the obligation to act in a certain way in order to achieve some predetermined (planned) results", and the concept of "implementation (implementation) of the management function" means the purposeful activity of the management body, which is carried out in a given period of time and is aimed at a specific object (managed element of the system) or a group of objects".

On the basis of what has been said, by the functions of local self-government, we understand the opportunities and obligations fixed in the competence of local self-government entities to carry out activities to create the conditions necessary for the normal existence of a person in a municipality.

IN AND. Fadeev identifies six main functions of local government:

1) ensuring the participation of the population in solving issues of local importance;

2) management of municipal property, financial resources of local self-government;

3) ensuring the integrated development of the territory of the municipality;

4) ensuring the satisfaction of the needs of the population in socio-cultural, public utilities and other vital services;

5) protection of public order;

6) protection of the interests and rights of local self-government, guaranteed by the Constitution of the Russian Federation, federal laws.

Other authors single out the social-target functions of local self-government (the main directions, goals and content of specific management activities) and socio-organizational (procedural, organizational and executive-administrative actions, the totality of which constitutes the management process). The list of social-purpose functions offered by them completely coincides with the list of functions of local self-government given by V.I. Fadeev.

The social and organizational functions of local self-government include:

• collection and analysis of information;
• development and adoption of management decisions;
• organization;
• regulation;
• coordination;
• control.

This position, in our opinion, is not indisputable. “Ensuring the participation of the population in solving issues of local importance” is one of the principles of local self-government. This principle, along with other principles, permeates all its functions, has an active influence on their development, underlies the implementation of each of them.

The procedural actions listed as “social-organizational” functions of local self-government are the stages of any management activity, i.e. stages of implementation of almost any function of local self-government.

As a general criterion for dividing the functions of local self-government, one can single out the specifics of the object of municipal influence, the features of those social relations that are affected by the subjects of local self-government in the course of their activities.

Based on this criterion, the following functions of local self-government in the Russian Federation can be distinguished: economic, social, environmental (environmental), the function of promoting the development of culture and education (cultural and educational), the function of protecting public order.

The functions of local self-government, despite a certain similarity with the functions of the state, will differ from the latter in their internal content and forms of implementation.

The presence of an environmental function among the functions of local self-government is due to the above-mentioned purpose of local self-government and its tasks.

One of the conditions necessary for normal human life on the territory of the municipality is to ensure a favorable quality of the environment. This is achieved as a result of the implementation of the environmental function (environmental activities) of local government entities.

Settlements define the immediate environment of each person's life, within which they identify and strive to meet their daily needs. The specific socio-economic and natural conditions of the settlement give rise to the common economic and environmental interests of people, resulting in the formation of a corresponding socio-territorial community.

The most important task of local self-government entities is to find the optimal balance of economic and environmental interests of the population of the municipality. At the same time, the activities of local self-government entities should not contradict the national interests and national policy.

Among the issues of local importance in the law No. 131-FZ "On the general principles of organizing local self-government in the Russian Federation" 2 Clause 9, Part 1, Article 15, Clause 11, Part 1, Article 16 calls the organization of measures for the protection of the environment - inter-settlement nature and within the boundaries of the urban district.

Thus, the main purpose of the environmental function of local self-government is to ensure a combination and harmonization of the environmental and economic interests of the population of the municipality, as well as to create the necessary guarantees aimed at the implementation and protection of the human right to a favorable environment.

Given the above, the environmental (environmental) function of local government should be understood as the ability and obligation enshrined in the competence of local government entities to implement a set of measures to ensure a favorable environment on the territory of the municipality. Accordingly, the environmental activity of local government entities is the implementation of the environmental function of local government.

The environmental function of local government is one of the main, permanent and most significant functions of local government, which is associated with a high degree the relevance of solving environmental problems in municipalities.

The specificity of the ecological function of local self-government is such that its object is public relations regarding the environment in municipalities in the territories adjacent to them.

At the same time, it is necessary to distinguish between two concepts: "object of ecological (environmental) function" and "object (object) of environmental protection activities". If the object of the ecological function of local self-government is understood as specific social relations, then the objects of environmental protection (objects of protection) are the environment as a whole, natural and natural-anthropogenic objects.

Disclosing the content of the environmental function of local self-government, one cannot avoid the question of its purpose, forms and methods of implementation.

The purpose of the ecological function of local self-government is to preserve (restor) the favorable state of the natural environment, improve its quality and maintain ecological balance on the territory of a particular municipality in accordance with legal environmental requirements.

At the same time, the favorable environment lies in such a state of ecological systems in which their use does not harm the life, health and property of citizens, which ensures the maximum level of their physical and mental health.

Implementation of the ecological function of local self-government, i.e. the nature protection activity itself provides for the implementation of a set of measures carried out by the subjects of local self-government constantly and consistently. The forms of implementation of this function (as well as other functions of this social and legal institution) are various aspects of the activities of local self-government entities.

1.2 Implementation of the powers of local governments in the field of environmental protection

The first line of environmental protection activities of the vast majority of municipal authorities is to ensure the proper sanitary condition of the respective territories. Among the main problems in this area is the problem of handling production and consumption waste.

To solve this problem, local governments, on the one hand, set the norms for the accumulation of household waste (both liquid and solid) per year per person within the boundaries of the municipality, as well as the norms for the accumulation of waste from public facilities, commercial and cultural institutions. On the other hand, they determine the procedure for the collection and disposal of household waste from the territories of the housing stock. On the third hand, representative (usually) local governments approve the appropriate tariffs for the removal of household waste.

These acts are adopted in order to ensure the necessary sanitary and epidemiological condition of urban areas and streamline payments for services for the removal and disposal of solid household waste with organizations and enterprises, based on the actual volume of their generation. Direct work on the removal of household waste is carried out by a specialized municipal enterprise.

On the territory of most municipalities, local governments are limited to solving specific problems in the field of waste management. Such a path can be defined as extensive, and, in our opinion, does not allow solving this environmental problem in the future.

Much more interesting is the experience of intensive problem solving. The authors of this experience are the local governments of large urban settlements, where the problem of waste disposal and processing is the most relevant. Thus, up to 1.0 million tons of production and consumption waste is generated annually in Yakutsk. Everything is stored at 1 landfill for municipal solid waste, the operation and maintenance of which do not meet the requirements of environmental legislation. The landfill has long exhausted its capacity and is filled above the design level. The absence of a well-organized system for the collection, processing, neutralization and disposal of waste, the imperfection of legal and economic levers for maintaining this system. Of particular concern is the formation of various landfills, the area of ​​which in 2012 amounted to about 185.0 thousand square meters. km.

Given the current situation with the generation and processing of waste, the authorities of the city of Yakutsk (and not only it) realized the need to modernize the city's waste management system with maximum consideration of local specifics and the use of the city's industrial potential, aimed at consistently reducing the volume of city waste to be disposed of.

However, the removal and disposal of waste outside the urban settlement at special landfills, or the placement of waste on the outskirts, does not solve the problem of waste management as such. Under dumps of household waste, as already mentioned, huge areas of land are occupied. One of the solutions to this problem is the construction of plants for the processing of such waste using environmentally friendly technology.

It seems that the development of such plans and programs, along with the financing and construction of environmentally friendly waste processing enterprises, are priorities in improving the activities of local governments in the field of environmental protection.

The second direction in the implementation of the environmental powers of local governments is participation in the formation and functioning of the economic mechanism for environmental protection, provided for by federal laws and laws of the constituent entities of the Russian Federation. They can participate in this activity, in our opinion, in two ways. On the one hand, by carrying out certain state tasks and functions with which they were endowed in accordance with the procedure provided for by federal laws. On the other hand, local governments can create additional economic guarantees for the implementation of citizens' environmental rights.

The structure of the economic mechanism for environmental protection is provided for by the Federal Law of January 10, 2002 "On Environmental Protection" 3 . In terms of the activities of local self-government bodies that interest us in participating in the implementation of measures within the framework of the economic mechanism for environmental protection, the following main points should be highlighted.

First, municipal authorities, through the adoption of regulatory legal acts, can exempt certain categories of taxpayers from paying for environmental pollution, including excess emissions (dumping).

Among those in the decisions of local governments are enterprises, institutions, organizations and subdivisions of housing and communal services; education; culture; physical culture and sports; social protection; department of internal affairs; health care; territorial bodies for environmental protection.

Secondly, local governments establish the amount of payment for pollution of the city's environment (emissions, discharges of harmful substances) and the procedure for receiving pollutants into the city sewerage and water bodies. At the same time, by decision of municipal authorities, commissions may be created to consider materials on the collection of payments for environmental pollution.

Thirdly, local self-government bodies regulate the procedure for the provision of paid environmental services by the city environmental protection authority.

Fourthly, municipal bodies fulfill the obligation to finance environmental protection measures on the territory of the respective municipality.

In terms of water protection, local governments adopt regulatory legal acts aimed at preventing pollution of individual water bodies, including water bodies of federal significance.

Urban planning can be considered a special area of ​​environmental protection activities of local governments. Federal and regional laws oblige local governments to develop rules for land use and development, which should include, among other things, environmental issues within the boundaries of the municipality in the implementation of urban development activities. There are two principal areas of environmental activity of local governments in this area: requirements for landscaping and landscaping, as well as environmental requirements for development.

In terms of requirements for landscaping and landscaping, the Rules for the development of urban municipalities may provide for the creation of new, reconstruction and improvement of existing parks, gardens, squares, short-term and long-term recreation areas, as well as landscaping of small free areas (slopes, alleys), landscaping of streets, driveways, embankments, sidewalks.

Environmental requirements for development mean that the construction and reconstruction of enterprises must be carried out according to approved projects that have a section on environmental protection and have received a positive conclusion from the state environmental review, in strict accordance with current environmental standards. Placement of enterprises and structures should be carried out only if it is possible to create sanitary protection zones, provided for by sanitary standards for the design of industrial enterprises, ensuring the reduction of harmful substances to maximum permissible concentrations or levels. The creation of sanitary protection zones (greening of the territory, demolition of residential buildings) should be provided for by the projects of enterprises and structures with the inclusion of costs in the cost of construction and reconstruction of the facility.

The principal direction of the environmental activities of municipal authorities is the development and financing from the local budget of programs aimed at the implementation of environmental education, education and enlightenment.

The practice of organizing environmental awareness and education, as a rule, affects two areas, sometimes not mutually exclusive. On the one hand, special environmental training can be organized for employees of the local self-government body by appropriate decision.

In another case, the need for environmental education can be understood more broadly as the education and enlightenment of the entire population of the corresponding municipality. It is this option that is of interest to us.

The customer of such programs is the city administration. The implementation of the programs requires the solution of several problems. First, the creation of a system of universal continuous environmental education. Secondly, the creation of a system of environmental education of the population. Thirdly, the organization of interaction between local governments, public organizations and the population on environmental issues. Fourthly, the formation of scientific and methodological support for the system of environmental education and enlightenment of the population.

1.3 Ecological situation and environmental problems of cities

The state of the environment is one of the most important parameters that determine the quality of life of the population in the territory of the municipality. The environmental safety of the territory is an essential component of public safety, therefore, the municipal government, especially in cities with an unfavorable environmental situation, must develop and implement a local environmental policy that is linked to the environmental policy of the state and aimed at protecting the environment from adverse anthropogenic impacts.

The implementation of an effective municipal environmental policy has a positive effect on the environmental situation not only in a particular municipality, but also in the region and in the state as a whole. And vice versa, a municipality with an unfavorable environmental situation, as a subsystem of the state and the region, has the right to count on the participation of the state and on attracting its resource capabilities to correct this or that situation. The severity of environmental problems, the need to ensure environmental safety and rational use of natural resources are already recognized throughout the world. The goal of the state policy of the Russian Federation in the field of environmental protection and nature management is a balanced solution of socio-economic and environmental problems in the interests of present and future generations.

Enterprises that extract and process minerals destroy the soil layer, pollute it with waste, violate the groundwater regime, and sometimes completely destroy small rivers. Energy industry enterprises using various types of fuel are the largest sources of air pollution. Industrial enterprises using backward technologies that do not provide for the integrated and waste-free (or low-waste) use of all types of resources pollute the air basin, water bodies and the soil layer with various types of industrial waste. This is especially true for enterprises in the chemical, metallurgical and some other industries. At the same time, it is impossible not to note the desire of individual economic entities to get the maximum from the use of natural resources of the respective territories with a minimum of responsibility for the state of the natural environment. Road transport is a particularly dangerous air pollutant, since it operates in close proximity to residential areas and crowded places.

The ecological situation is characterized by the following components:

• the ecological capacity of the territory of the municipality, which is understood as the ability of nature to overcome adverse impacts and ensure the reproduction of existing natural systems. A single criterion of ecological capacity has not been developed, but a system of criteria can be used to determine, although indicative, but based on real indicators, the limits of the permissible total anthropogenic load on specific territories. Assessment of the ecological capacity of the territory is the task of special studies and services, and the application of the results obtained by these services is one of the most important elements of municipal environmental policy;
• the impact of the environmental situation on the health of the population. It strongly depends on the ecological situation in general and is itself an indicator of the quality of the local habitat. The connection of many diseases with the quality of ecology has been irrefutably proven;
• a set of factors that determine the specific environmental situation in the municipality. This list is specific to each locality, although it consists of common factors. Revealing and taking into account the specific factors that caused this or that environmental situation in the municipality is a necessary condition for the development of municipal environmental policy. For this purpose, the structure of the economy of the municipality is analyzed, trends in the change in the resource intensity of enterprises, the volumes of waste entering the environment, the size of territories requiring reclamation are determined, and the level of concentration is estimated. anthropogenic impacts, local reserves (or their absence) are identified when characterizing the ecological capacity of territories, research and ranking of the main causes of environmental trouble are carried out.

There are five degrees of trouble and severity of the environmental situation in the municipality:

1) relatively satisfactory;

3) critical (pre-crisis);

4) crisis - a zone of emergency environmental situation;

5) catastrophic - a zone of ecological disaster.

1.4 Goals and objectives of municipal environmental policy

The federal law of 2003 assigns to the competence of urban districts and municipal districts the organization of environmental protection measures, as well as the organization and implementation of environmental control of industrial and social facilities in territories, with the exception of those whose environmental control is carried out by federal government bodies.

In order to carry out environmental control in local self-government bodies of urban districts and municipal districts, the institute of municipal inspectors in the field of environmental protection is being introduced. In accordance with the amendments made to the Federal Law "On Environmental Protection", from 2006 municipal inspectors will carry out the functions of state inspectors in the field of environmental control. They will have all the powers of the latter, including the right to suspend the economic and other activities of legal entities and individuals if they violate environmental legislation.

The formation of local environmental policy should be based on an analysis of the current environmental situation and trends in its development. Based on the assessment of the environmental situation, the identified problems are analyzed, specific areas of municipal environmental policy and its priorities are selected. In most cases, both the environmental problems of the territory and the priorities of the municipal environmental policy are of an environmental and economic nature, since they are associated with the functioning of specific economic entities that pollute the environment. Ecological and economic problems can manifest themselves in very different ways and must be considered in terms of spatio-temporal and causal conditions. This is the only way to set ecological and economic priorities.

Based on the analysis, economic, technological, organizational and legal measures are developed to eliminate or neutralize adverse factors, including:

• introduction of progressive technologies and modernization of the material and technical base of specific industries;
• reprofiling, relocation or liquidation of environmentally hazardous industries;
• multi-turn resource use (utilization of production waste, recycling water supply, etc.);
• creation of sanitary protection zones around environmentally hazardous industries;
• use of economic instruments for regulating nature management.

1.5 Mechanisms for the implementation of municipal environmental policy.

The subjects of municipal environmental management are local governments interacting with specially authorized state bodies and the public. The objects of municipal management are all users of natural resources: legal entities and individuals, regardless of the nature of the activities carried out and the organizational and legal forms of management.

The main tasks of municipal management in the field of ecology:

• formation of an effective system of environmental monitoring, identification and inventory of economic entities and production processes in the territory that have a negative impact on the state of the environment;
• creation of a program and mechanisms for managing the state of the environment and rational use of natural resources, development and implementation of a system of administrative measures and economic levers that ensure the quality of the environment.

Environmentally oriented municipal management is a special area of ​​management that involves regulating the impact of economic entities on the environment to protect the interests of the population while ensuring sustainable, balanced development of the territory.

Principles of municipal environmental policy:

• recognition of the impossibility of sustainable development of the urban district in the degradation of the natural environment;
• equal access of city residents to vital urban natural resources, socially equitable distribution of income from the use of city-wide (not privately owned) natural resources;
• the priority of preserving the life-supporting functions of ecosystems in relation to the economic use of natural resources;
• prevention of current negative environmental consequences for the city of economic and other activities, taking into account long-term negative environmental consequences on the principles of scientific precaution and rejection of projects whose implementation is unpredictable in terms of their impact on the environment;
• the priority of ensuring the health of the population when making all political and economic decisions;
• compensation for damage caused to the environment and the population of the city by violations of environmental legislation;
• taking into account, when making managerial decisions on the organization of economic activities, the life cycle of manufactured products, the possibilities of safe and cost-effective disposal of production and consumption waste;
• organization of economic activity on the principles of applying the most energy- and environmentally efficient of existing technologies, environmental innovation approaches and environmental modernization of the economy;
• constant interaction and coordination of actions with regional and federal authorities and specially authorized bodies responsible in the field of environmental protection;
• openness and accessibility for residents of the city of environmental information;
• ensuring broad participation of civil society organizations, business circles and the public in the preparation, discussion and implementation of city decisions in the field of environmental protection.

The most important principle on the basis of which the environmental policy of local governments should be built is that the polluter pays. This implies the presence in the municipality of a system for monitoring (tracking) stationary and mobile sources of environmental pollution.

Environmental payments levied from users of natural resources include: taxation, fees for the normative and excess use of natural resources, fees for limited use and above-limit pollution of the natural environment, fines, insurance fees, import and export tariffs to compensate for the damage caused.

Based on the essence and content of municipal environmental policy, it is advisable to single out the following main tasks of municipal authorities:

• substantiation of the strategic concept of environmental management in the municipality, including the rational use of natural resources;
• use of a system of administrative measures and economic regulatory mechanisms that ensure the achievement of strategic and tactical goals of the environmental development of the municipality;
• organization of an effective system of environmental monitoring;
• formation of a system of economic incentives and encouragement of public and private initiatives aimed at improving the environmental situation;
• assistance in the organization of environmental education and education in all forms of education - from preschool institutions to higher education, the creation of a system for improving the environmental qualifications of municipal employees.

The development and implementation of environmental policy requires the organization of legal, informational, technical, socio-psychological, financial support. Staffing is central. Training of specialists from enterprises and local governments is a necessary prerequisite for the development and implementation of effective measures to reduce environmental pollution and improve environmental protection.

An effective solution to environmental problems can be achieved on the basis of the coordinated activities of local governments with government bodies and business entities with a clear definition of their rights and responsibilities for nature management and improvement of the environmental situation on the territory.

The state of the environment on the territory of the city directly affects the vital interests of each resident. The public reacts sharply to violations of environmental standards by economic entities and objectively is an ally of local governments in their work to improve the state of the environment.

At the same time, situations are not uncommon when local governments, counting on replenishing budget revenues, coordinate the construction of new and expansion of existing industrial enterprises that have a negative impact on the environment. In turn, many workers in these industrial enterprises perceive the economic sanctions negatively, as this leads to a reduction in production volumes and a corresponding decrease in wages. Hence follows the extremely important role of the public in solving the environmental problems of the territories.

According to the Federal Law "On Environmental Protection", citizens have the right to create public environmental associations, funds and other non-profit organizations, as well as receive information on these issues individually, send complaints, appeals, suggestions, receive timely and reasonable answers to them, take part in peaceful mass actions.

Local self-government bodies, as well as state authorities, are obliged to assist citizens and organizations created by them in the implementation of their rights in the field of environmental protection. During the construction of facilities, the economic and other activities of which may cause harm to the environment, the decision on their placement is made taking into account the opinion of the population or the results of a referendum.

Chapter 2. Ecology in the municipality of the city of Yakutsk

2.1 Ecological state of the environment in Yakutsk: problems and solutions

The municipal formation is the city of Yakutsk - the capital of the Republic of Sakha (Yakutia), a port on the Lena River. The largest city in the north-east of Russia in terms of population, a major cultural and scientific center. The third city of the Far Eastern Federal District in terms of population (after Vladivostok and Khabarovsk). The area is 122 km². Yakutsk is the largest city located in the permafrost zone.

The urban district "City of Yakutsk" at the level of the republic is an administrative unit of the first level and, thus, can conditionally be equated to municipal districts. Internal divisions City District "Yakutsk City" is divided into eight districts (Avtodorozhny District, Gagarinsky District, Guba District, Oktyabrsky District, Industrial District, Saisar District, Construction District, Central District) and seven suburban villages.

Being the administrative and cultural center of the region, Yakutsk does not have any developed industry. The main industries are supporting the life of the city. More than half (53.3%) is accounted for by products of the fuel and energy complex, 17.7% - by the food industry, 11.1% - by diamond-cutting production, 4.3% - by the building materials industry, 3.2% - by metalworking products 4 .

The most acute environmental problems of the city are:

Pollution of surface and ground waters in Yakutsk

In total, about 80 primary water users are registered on the administrative territory of the GO "Yakutsk". It is noted that about 70% of the population of Yakutsk use centralized water supply from the river. Lena. The rest of the population, mainly suburban settlements (Tabaga, Magan, Khatassi and Kangalassy), is supplied with water from local water sources, mainly from artesian wells.

For the city of Yakutsk, the location of the city water intake station, built in 1972 in the area of ​​Darkylakh, is problematic, due to the fact that the water intake is located below the city of Yakutsk, the villages of Tabaga and Khatassy. Establishment YaD 40/7, located in the village of Tabaga, poses a particular danger to water intake. This institution houses a TB hospital, from where untreated, non-disinfected household wastewater is periodically discharged.

The design water intake capacity of the city of Yakutsk is 60 thousand m3/day. Due to insufficient capacity of water intake in winter time a floating station (lighter) is involved, on which 4 pumps are installed (2 in operation, 2 in reserve). There are no water treatment facilities at the water intake that provide standard purification of drinking water. Water treatment measures are limited only to disinfection with liquid chlorine.

Groundwater, for a number of economic reasons, can be considered as an alternative source of drinking water supply. Prospects for water supply are associated with subpermafrost aquifers (horizons). In the GO "Yakutsk" there are large subpermafrost water intakes: the village of Tabaga, the Khatassky pig farm, the Yakutsk poultry farm, the DSK, the Markhinskiy industrial site. On the territory of GO "Yakutsk" operational reserves of subpermafrost waters of 3 fields are approved: Khatasskoye, Yakutskoye, Kangalasskoye. All deposits are in operation. In general, there are 57 groundwater intakes on the territory of the Yakutsk municipality.

The main obstacle to the widespread use of subpermafrost waters for domestic and drinking purposes is their low quality. According to the chemical composition, groundwater is characterized by a high level of mineralization, exceeding the MPC for the content of fluorine, sodium, lithium. Underground subpermafrost water produced from the territory of the Yakutsk municipality does not comply with SanPiN 1.2.4.1074-01 “Drinking water. Hygienic requirements for water quality of centralized drinking water supply systems. Quality control” and is suitable only for technical and economic needs.

On the administrative territory of the GO "Yakutsk", 9 enterprises have an organized discharge of wastewater into surface water bodies:

• production of a biological wastewater treatment plant in the city of Yakutsk, State Unitary Enterprise Vodokanal;
• the output of the Lenskie Zori dispensary (without cleaning) was transferred to the State Unitary Enterprise Vodokanal to another enterprise;
• release of the drain station of OAO Yakutsk City Transport Company;
• releases of the Yakutskaya CHPP,
• production of a biological wastewater treatment plant in the village of Kangalassy LLC "Zhilservis" in the village of Kangalassy,
• release from the mechanical treatment plant MUP Zhilservice p. Zhatay,
• release from the treatment plant "OS-8" JSC "Yakutsk River Port",
• release of the biological cleaning station of the Higher School of Music of the RS (Y),
• production of a biological treatment plant of Khatasskoe ZhKKH LLC.

There are 6 treatment facilities with wastewater discharges into water bodies and one physical and chemical treatment facility for the treatment of industrial wastewater from the territory of the Yakut oil depot.

At present, a biological wastewater treatment plant is being put into operation in the city of Yakutsk, State Unitary Enterprise Vodokanal, located in Yakutsk, st. 50 years of the Soviet Army 53, with the release of purified water into the river. Lena. However, the facility has not yet been put into operation due to the fact that wastewater treatment has not been brought to the standard quality.

The Lena River is the main source of water supply for the population of the GO "Yakutsk", so control and monitoring of its condition is especially important.

The main measures to ensure the protection of water bodies from pollution should be the following:

1. development of a network of reservoirs and rehabilitation of small rivers

2. Adoption of regulatory legal acts that ensure the obligatory fulfillment of the requirements that provide for a set of measures to organize reservoirs in the form of a restored natural or artificially created facility, or to rehabilitate sections of small rivers in the process of developing design documentation for development during the reorganization of production areas, reconstruction of quarters old buildings with approved design indicators for 5 or more thousand inhabitants;

3. maximum use for economic purposes of treated water from aeration stations (washing roads, watering green spaces, watering small rivers and ponds).

The level of atmospheric air pollution in the city of Yakutsk is assessed as elevated (atmospheric pollution index (API) > 6.32). In Yakutsk, the average concentrations of benzapyrene, suspended solids are more than 2 times higher than the WHO (World Health Organization) criteria, and carbon monoxide is 1.3 times higher. The air is most polluted in the Central and Northern industrial regions, where, in addition to heavy traffic, a significant contribution is made by thermal power plants and the construction industry.

Suspended Matter - Dust, ash, soot, smoke, sulphates, nitrates and other solids are produced by the combustion of all fuels. During production processes, the level of air pollution by these substances was increased in May and June. Air quality is affected by smoke from the city's landfill. Sulfur dioxide, carbon monoxide, nitrogen dioxide are released during the operation of boiler houses, thermal power plants, with vehicle exhaust gases, burning coal, gas, firewood, forest fires. In the winter months, due to low temperatures and fog, the average concentrations of impurities in the air of the city increase. The highest concentrations of carbon monoxide and nitrogen dioxide were observed in the northeastern part of the city. It should be noted that the largest amount of emissions comes from YaGRES, YATEC, MUP Teploenergia, about 6500 tons in total.

The radical method of protecting the atmosphere from pollution is the elimination of emissions before they enter the atmosphere. This requires the use of waste-free technologies, the replacement of hazardous materials with harmless ones, sealing technological processes in production, disposal of hazardous waste, the use of the latest filter designs, the choice of the most appropriate capture technology, as well as the suppression of vehicle engine emissions.

The main measures to ensure the quality of atmospheric air should be the following:

1. disposal of hazardous waste, the use of the latest filter designs, the selection of the most appropriate capture technology.

2. reduction of emissions from road transport through the introduction of the following mechanisms;

3. increasing the efficiency of state environmental control of pollutant emissions from operated vehicles;

4. creation of effective mechanisms (economic, administrative, legal, accelerating the renewal of the car fleet by adding cars with environmental characteristics of EURO-3 and higher;

5. reduction of emissions of gasoline vapors at gas stations (an increase in the number of gas stations and volumes of gasoline consumption is associated with an increase in the number of gas stations) by setting restrictions on the location of gas stations in those areas where their number can satisfy the needs of residents;

6. development of public transport, including electric.

Waste management on the administrative territory of the city there are 13 places of authorized waste storage, including 7 landfills for household waste (total area 96.1373 ha), 2 cattle burial grounds (total area 2350 m2), 1 manure storage (area 180 ha), 1 dung storage ( total area 71.5 ha), 2 landfills for chromium-containing waste (the area of ​​the operating landfill is 1.5 ha).

Up to 100,000 tons of municipal solid waste and 10,000 tons of construction waste are taken to landfills annually. All landfills are not properly equipped and do not provide proper environmental safety, do not meet the requirements of SP 2.1.7.1038-01 "Hygienic requirements for the arrangement and maintenance of landfills for municipal solid waste."

The system of disposal of solid waste in the GO "Yakutsk" is based on the disposal of the vast majority of waste (about 98%) in landfills and unorganized landfills. The situation is aggravated by the fact that due to the lack of separate collection of MSW in a common container, and often next to it, together with paper, polymer, glass and metal containers, food waste, expired medicines, broken mercury-containing thermometers and fluorescent lamps, containers are thrown away with residues of pesticides, varnishes, paints, etc. The current situation in the area of ​​waste management on the territory of the GO "Yakutsk" leads to dangerous pollution of the environment and creates a real threat to public health. The territory of the city of Yakutsk and the entire Tuymaada valley is experiencing significant anthropogenic pressure.

In addition to the release of the leachate from the body of the landfill, gaseous products of the decomposition of MSW - methane, ammonia, etc. - constantly enter the atmosphere. They are a source of systematic fires at landfills, which, in turn, pollute the atmosphere. In addition, methane is a gas that contributes to the destruction of the ozone layer.

As a result of the spread of pollution through water and air, residents living near landfills experience increased morbidity and mortality, the birth of children with deformities.

It should also be noted that due to the lack of processing technology, appropriate equipment for compacting waste, landfills are expanding into forest and agricultural lands. The operating landfills were created on the basis of orders of the heads of administrations, they do not have other environmental permits.

Currently, there is no centralized system for accounting, collection and use of secondary resources in the GO "Yakutsk".

Landfill for the disposal of solid household waste No. 1 at 9 km. The Vilyuisky tract has been operated since 1967 and is the largest in the territory of the GO "Yakutsk" among solid waste dumps with an area of ​​31.8242 hectares. The eastern edge of this polygon is only two kilometers from the descent into the Tuymaada valley. The landfill is heavily overloaded, there is no proper accounting and control of waste reception and storage, spontaneous combustion constantly occurs, low-temperature combustion products (dioxins, furans and other pollutants) fall on nearby city blocks, the Botanical Garden, suburban lakes and summer cottages. Pollutants are washed out by water runoff, which introduces excessive concentrations of chlorides, nitrogenous compounds, and heavy metals into the water system of the valley. The landfill does not have environmental permits.

Due to the fact that the city of Yakutsk does not have a railway connection with other regions of Russia, the problem of collecting and exporting ferrous scrap metal for processing is especially acute. More than 10,000 tons of scrap metal have accumulated at the industrial sites and sanitary protection territories of enterprises, not counting decommissioned uncut vessels of the river fleet and vehicles. The collection and acceptance of scrap metal is carried out by the State Unitary Enterprise "Sakhavtormet", LLC "Primorvtorsyre - Sakha", LLC "Sakhametresurs", LLC "Primvtormet", LLC "Sakhastroymaterialy" and others. Currently, due to market relations, the acceptance of scrap metal from enterprises and the public has increased export outside the republic for further processing.

The problem of collection and sorting of MSW is complicated by the lack of a legal framework for the practical implementation of the system.

One of the serious problems of the city administration is the annually increasing number of unauthorized dumps of garbage, scrap metal and other wastes on the territory of the Yakutsk municipality, and funds are allocated annually for their disposal. The implementation of the solid waste management system involves the solution of the following management tasks:

1) Carrying out the separation of functions of municipal authorities responsible for the collection of waste at the places of their generation and transportation to places of reloading, and regional organizations responsible for the transport of waste from waste transfer and waste sorting stations.

2) Creation of an inter-municipal organization to control the movement of waste and the final points of their disposal (landfills).

A unified landfill management system should take into account the interests of all municipalities, equality in the system of costs for maintaining landfills, and ensuring their profitability. Such a single structure is able to provide a logistical approach through the rational management of material, financial, information flows.

3) Organization of cooperation between various municipalities and the region.

Another of the big problems for improving the environmental situation in the administrative territory of the Yakutsk GO is the problem of preserving the forests of the Tuymaada valley - our green belt and preventing it from pollution and littering.

The forests of the Tuymaada valley are currently ownerless and are experiencing the strongest anthropogenic pressure. Very often, the DIO of the mayor's office of Yakutsk allocate land in the green zone for summer cottages, individual housing construction. In addition, unauthorized seizure of land plots with cutting down of trees is carried out annually.

No one is engaged in forest management, sanitary cleaning of dead wood, ensuring the safety of growing trees. The green zone continues to be polluted, as a result, the dust load on the streets of the city increases. In terms of dust load, Yakutsk is comparable to other cities of Siberia, and the values ​​of this indicator for the busiest roads (highway 50 years of October 1282 kg / sq. km per day) are similar to data for one of the busiest routes in the European part of Russia, the Moscow-Simferopol highway (1050 kg / sq. km per day). The reasons are the congestion of the main streets with vehicles and the unsatisfactory condition of the roads. The Yakut Territorial Committee for Nature Protection has studied the issue of improvement, landscaping and the ecological state of the green zone of the city of Yakutsk.

Urban forests are on the verge of destruction as a result of the economic activities of enterprises, organizations and individuals. They are littered with dry household and construction waste from enterprises, the private sector and dacha cooperatives.

There is no effective control over the fulfillment of the conditions of water disposal during construction by the Department of Housing and Public Utilities and the City Architecture. As a result, the adjacent territory and terrain are flooded, which leads to swamping and, in the future, the death of green spaces.

To preserve the green zone of the city of Yakutsk, on the proposal of the Yakutsk Territorial Committee for Nature Protection, the Mayor's Office of Yakutsk issued a decree prohibiting the allocation of land in the green zone of the village of Geologists 5 .

The following specially protected natural areas are located on the territory of the Yakutsk GO: the Botanical Garden of the Institute of Biological Problems of the Permafrost Zone of the Siberian Branch of the Russian Academy of Sciences with an area of ​​5.4 km2, the Kenkeme resource reserve with an area of ​​936.3 km2, the Soloschu roe deer rest zone with an area of ​​130.85 km2, nature monument Usun Kuel.

The Yakut Territorial Committee for Nature Protection regularly monitors these territories in order to prevent violations of environmental legislation. Agreements have been concluded with all land users of protected areas. In the event of fires, plans for interaction with the Yakutsk forestry, the Yakutsk air base for forest protection and nature users were drawn up.

The main factors in the occurrence of fires are climatic conditions (dry autumn, early spring, dry summer), as well as careless handling of fire by the population located in nature. Arrivals on the territory of protected areas are equipped with information boards about the regime of protected areas and the rules for staying in these territories. Proposals to improve the efficiency of forest protection measures:

1. In order to improve the sanitary condition of forests, it is necessary to identify weakened stands in a timely manner in order to make decisions on the implementation of sanitary and recreational measures.

2. The maximum reduction in the time between the detection of damage and the implementation of sanitary and recreational activities.

3. Compliance with forestry requirements during all types of felling.

The city of Yakutsk is an intensively developing city, which is the key to solving many economic and social problems in this region. However, everything has its pros and cons. The downside is serious environmental problems that directly affect human health. The most serious of these problems are:

• environmental pollution (pollution of atmospheric air, surface waters, soils);
• the problem of placement and processing of solid domestic and industrial waste.

Forest protection - a set of measures to protect forests from fires, illegal logging (cutting), violations of the established order of forest management and other actions that cause harm to the forest fund and forests not included in the forest fund, as well as to protect against pests and diseases of the forest.

2.2 Measures to improve the environmental situation

in the city of Yakutsk

The most important problematic issues of the state of the environment in Yakutsk are:

1. Pollution of water bodies with insufficiently treated wastewater due to inefficient operation of the city's treatment facilities.

2. Elimination of spontaneous unauthorized dumps arising through the fault of unscrupulous enterprises and residents of the city.

3. An increase in the amount of emissions of pollutants into the atmosphere due to the lack of dust-collecting equipment at the enterprises corresponding to the technological process, an increase in the number of motor vehicles.

4. The use of waste-free technologies, sealing of technological processes in the production itself, the use of the most suitable capture technology.

To involve the population in solving the problems of waste management, a number of activities should be carried out:

Conducting a campaign to inform the public about the problems in the waste management system and ways to solve them at the household level;

Raising awareness of authorities and administration;

Stimulating the participation of educational institutions and scientific organizations in the study of possible solutions to the problems of waste management;

Increasing the professional potential of all participants in the waste management process, including through thematic trainings, educational programs and events.

2.3 Measures to reduce the impact of environmental pollution

On the health of the population of the city of Yakutsk

As part of measures to reduce the impact of environmental pollution factors on the health of the population of the city of Yakutsk, it is necessary to:

1) in the field of improving the organization of the activities of control and supervision bodies:

• carrying out work on environmental and hygienic education of the population;
• ensuring the implementation of administrative regulations for the performance of the function to verify the activities of legal entities, individual entrepreneurs and citizens to comply with the requirements of environmental and sanitary legislation,
• increasing the efficiency of activities within the framework of control and supervision, on the application of administrative sanctions and the collection of imposed fines.

2) in the field of atmospheric air hygiene:

• increasing the responsibility of the heads of industrial enterprises and other facilities for the organization of the SPZ and ensuring the standard quality of atmospheric air;
• development of measures to reduce the adverse impact on human health of road transport.

3) in the field of drinking water supply:

• adoption and financing of the regional target program "Drinking Water";
• carrying out activities for the design and construction of water treatment facilities, ensuring the effective operation of water treatment systems and its disinfection, the introduction of advanced technologies and equipment;
• implementation of measures for sanitary maintenance, preventive and emergency repairs of existing networks and water supply facilities, maintenance of sanitary protection zones of water intakes and water intake facilities, ensuring industrial laboratory control of water quality in full;
• improvement of the technical condition of wastewater treatment facilities and sewer networks;
• ensuring production control over the operation of sewage treatment facilities and standards for the discharge of pollutants.

4) in the field of soil protection from pollution by production and consumption waste:

• introduction of non-waste and low-waste production technologies;
• bringing the existing solid waste dumps into proper sanitary and technical condition;
• design and construction of new solid waste landfills in accordance with the current norms and rules of waste processing plants;
• addressing the issues of disposal and disposal of toxic waste, including unusable pesticides.

Chapter 3. State control and supervision in the field of security

environment

State control and supervision of the state of the environment is aimed at ensuring the right of everyone proclaimed by the Constitution of the Russian Federation to a favorable environment, reliable information about its condition and compensation for damage caused to health or property by an environmental offense. State control and supervision of the state of the environment is carried out in two forms:

• state environmental control;
• state control in the field of nature management.

State control in the field of environmental protection (state environmental control) is a system of measures aimed at preventing, detecting, suppressing violations of legislation in the field of environmental protection, ensuring compliance by economic and other entities with requirements, including standards and regulations, in the field of environmental protection.

State environmental control is carried out in order to preserve ecosystems and improve the quality of the natural environment.

The main tasks of the state environmental control are to ensure compliance by the state authorities of the Russian Federation, local governments, legal entities and individuals with the requirements of environmental legislation, regulatory legal acts, environmental standards, rules and other regulatory documents on environmental protection, suppression of offenses in this area.

State environmental control in the Republic of Sakha (Yakutia) is subject to objects of economic and other activities, regardless of the form of ownership, located on the territory of the Republic of Sakha (Yakutia). Carrying out state environmental control measures on the territory of the Republic of Sakha (Yakutia) is regulated by:

Federal Law "On production and consumption waste" dated June 24, 1998 N 89-FZ,

Federal Law "On Environmental Protection" dated 10.01.2002 N 7-FZ;

Federal Law “On Amendments to the Legislative Acts of the Russian Federation in Connection with the Expansion of State Authorities of the Subjects of the Russian Federation on the Subjects of Joint Competence of the Russian Federation and the Subjects of the Russian Federation, as well as the Expansion of the List of Issues of Local Importance of Municipalities” dated December 29, 2004 N 199-FZ ;

Federal Law No. 199-FZ dated December 31, 2005 “On Amendments to Certain Legislative Acts of the Russian Federation in Connection with the Improvement of the Delimitation of Powers”;

Decree of the Government of the Russian Federation of July 30, 2004 N 400 “On Approval of the Regulations on the Federal Service for Supervision in the Field of Natural Resources and Amendments to Decree of the Government of the Russian Federation of July 22, 2004 N 370”;

The delimitation of controlled economic entities should be carried out on the basis of the above-mentioned federal laws No. 199-FZ of December 29, 2004 and No. 199-FZ of December 31, 2005 and on the basis of the criteria set forth in Decree of the Government of the Russian Federation of March 31, 2009 N 285 “On the list facilities subject to federal state environmental control”.

Laws of the Republic of Sakha (Yakutia):

• “On Environmental Monitoring of the Republic of Sakha (Yakutia)” dated June 16, 2005 251-3 No. 509-III
• “On Radiation Safety of the Population and the Environment of the Republic of Sakha (Yakutia)” dated January 27, 2005, 206-3 No. 417-III
• "On drinking water and drinking water supply" dated December 25, 2003 103-3 No. 209-III
• “On Specially Protected Territories of the Republic of Sakha (Yakutia)” dated December 25, 2003, No. 214-III
• "About environmental education and education” dated January 27, 2005, 205-3 No. 415-III
• "On environmental protection of the Republic of Sakha (Yakutia)" dated December 25, 2003 104-З N 211-III
• Republican target program "Protection of the environment of the Republic of Sakha (Yakutia) for 2009-2011" dated December 26, 2009
• "The concept of production and consumption waste management in the Republic of Sakha (Yakutia) until 2010" was approved by the Decree of the Government of the Republic of Sakha (Yakutia) dated August 31, 2006 N 395.

Conclusion

Compared to other regions of Russia, the Republic of Sakha (Yakutia), in particular the city of Yakutsk, is characterized by a relatively favorable environmental situation and a significant amount of renewable natural resources. Among the 18 constituent entities of the Russian Federation that are part of the Central Federal District, the city of Yakutsk ranks second in terms of atmospheric air quality, third in terms of environmental indicators of land quality, fifth in terms of wastewater treatment, first in forests, first in surface water suitable for household and drinking water supply.

Specialists of the Department of Natural Resources Management and Environmental Protection of the Republic of Sakha (Yakutia) took part in the scientific conference "Development of the Foundations of the Environmental Policy of the Russian Federation for the period up to 2030". The conference was held in Moscow and was organized by the Ministry of Natural Resources and Ecology of the Russian Federation, the International Ecological Public Organization "GreenLight".

List of used literature

1. Federal Law No. 131-FZ “On the General Principles of Organization of Local Self-Government in the Russian Federation”, paragraph 9, part 1, article 15,16, paragraph 11, part 1

2. Yusupov V.A. Scientific organization of executive power. - Volgograd, 1998. - S. 13.

3. Kutafin O.E., Fadeev V.I. Municipal Law of the Russian Federation. - M., 1997. - S. 113.

4. Municipal law / Ed. A.M. Nikitin. - M., 2000. - S. 134-139.

5. Bachilo I.L. System-functional analysis of the management process // Jurisprudence. - 1972. - No. 2. - S. 34.

6. Baitin M.I., Senyakin I.N. Functions of the State / Theory of State and Law / Ed. N.I. Matuzova, A.V. Malko. - M.: Jurist, 2000.

7. Morozova L.A. Functions of the Russian state at the present stage // State and Law. - 1993. - No. 6. - S. 98-108;

8. Active international law. Volume 3 / Comp. Yu.M. Kolosov, E.S. Krivchikov. - M., 1997. - S. 682-687.

9. Immodest V. From the philosophy of “enmity” to the “philosophy of interdependence” // Green world. - 1995. - No. 20. - S. 14

10. Kolbasov O.S. Terminological wanderings in ecology // State and Law. - 1999. - No. 10. - S. 37.

11. State report on the state of the environment of the Republic of Sakha (Yakutia) for 2007.

12. Websites: www.ecoguild.ru, www.nature.ykt.ru

13. Environmental problems and sustainable development of regions: Tutorial, A. V. Poddubny

14. Anisimov A.P., Alekseev A.P.Activities of local governments in the field of environmental protection in the Russian Federation: Monograph. - Volgograd, VF MUPC Publishing House. 2002. - 159 s

15. Tagi-Zade F.G. Energy supply of cities. Moscow: Stroyizdat, 1992.

1 Yusupov V.A. Scientific organization of executive power. - Volgograd, 1998. - S. 13.

2 Federal Law No. 131-FZ “On the General Principles of Organization of Local Self-Government in the Russian Federation”, paragraph 9, part 1, article 15, paragraph 11, part 1, article 16.

3 Federal Law "On Environmental Protection" dated January 10, 2002 N 7-FZ

4 Yakutsk in numbers. Industry" (inaccessible link - history). Official site of the Administration of GO "Yakutsk".

5 Official site of the Administration of GO "Yakutsk".

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ENVIRONMENTAL COMPETENCE OF THE SETTLEMENT Article 131 of the Federal Law “On the general principles of the organization of local self-government of the Russian Federation”: Issues of local importance of the settlement include, in particular: organization of collection and removal of household waste and garbage; organization of improvement and gardening of the territory of the settlement, use, protection, protection, reproduction of urban forests, forests of specially protected natural areas located within the boundaries of settlements; organization and implementation of measures to protect the population and the territory of the settlement from natural and man-made emergencies.

ENVIRONMENTAL COMPETENCE OF THE URBAN DISTRICT Article 131 of the Federal Law “On the general principles of organizing local self-government of the Russian Federation”: Issues of local importance of the urban district include, in particular: organization of environmental protection measures within the boundaries of the urban district; organization of collection, removal, disposal and processing of household and industrial waste; organization of improvement and gardening of the territory of the urban district, use, protection, protection, reproduction of urban forests, forests of specially protected natural areas located within the boundaries of the urban district; organization and implementation of measures to protect the population and the territory of the urban district from natural and man-made emergencies; creation, development and protection of health-improving areas and resorts of local importance on the territory of the urban district.

Other important rights and obligations of municipalities in the field of nature protection The Federal Law “On Environmental Protection” in Article 7 fragmentarily duplicates the norms of the Federal Law “On the General Principles of Organizing Local Self-Government in the Russian Federation”, but also contains a number of other provisions on environmental competence - tions of municipal authorities. 1) Firstly, these are their duties that correspond to the environmental rights of citizens (requests, complaints, offers of assistance from citizens). 2) local governments are obliged to take the necessary measures to prevent and eliminate the negative impact of noise, vibration, electrical, electromagnetic, magnetic fields and other negative physical impact on the environment in urban and rural settlements, recreation areas, habitats of wild animals and birds, in including their reproduction, on natural ecological systems and natural landscapes. 3) environmental education, informing the population about new legislative and regulatory acts.

ESTABLISHING MUNICIPALITIES WITH THE FUNCTIONS OF STATE BODIES (D e iure) Local self-government bodies may be vested with separate state powers of a constituent entity of the Russian Federation, with the transfer of the necessary material and financial resources, to resolve the following issues, from among those attributed by this law to the powers of state authorities of a constituent entity of the Russian Federation: organization and implementation of inter-municipal programs and projects in the field of environmental protection and environmental safety; creation and protection of specially protected natural areas of regional importance; maintenance of the Red Book of the subject of the Russian Federation; implementation of state control in the field of environmental protection at objects of economic and other activities, regardless of the form of ownership, with the exception of objects of economic and other activities subject to federal state environmental control.

POWERS OF MUNICIPALITIES IN THE SPHERE OF REGULATION OF SUBSOIL USE RELATIONS use; development of the mineral resource base for local industries; granting, in accordance with the established procedure, permits for the development of deposits of common minerals, as well as for the construction of underground structures of local importance; suspension of work related to the use of subsoil on land plots in case of violation of the conditions for the provision of subsoil for the development of deposits of common minerals; control over the use and protection of subsoil during the extraction of common minerals, as well as during the construction of underground structures not related to the extraction of minerals.

POWERS OF MUNICIPALITIES REGARDING WATER BODIES In accordance with the Water Code of the Russian Federation (Article 27), the powers of local governments in relation to water bodies owned by municipalities include: possession, use, disposal of such water bodies; implementation of measures to prevent the negative impact of water and eliminate its consequences; implementation of measures to protect such water bodies; establishment of payment rates for the use of such water bodies, the procedure for calculating and collecting this payment.

POWERS OF MUNICIPALITIES IN RELATION TO WATER BODIES Municipal districts and urban districts also establish rules for the general use of water bodies for personal and domestic needs of the population. Urban and rural districts, as well as urban districts, are required to submit information to the Federal Water Resources Agency for inclusion in the state water register: - on special protection regimes for water bodies located within the boundaries of sanitary protection zones for water bodies; - on water use contracts; - on the transfer of rights and obligations under these agreements; their termination.

POWERS OF MUNICIPALITIES IN THE FIELD OF FOREST MANAGEMENT In relation to forest plots owned by municipalities (Article 84 of the Forest Code of the Russian Federation): possession, use, disposal of such forest plots; setting the rates of payment per unit volume of forest resources and the rates of payment per unit area of ​​such a forest plot for the purpose of its lease; setting rates of payment per unit volume of timber; development and approval of forestry regulations, as well as state expertise of forest development projects; implementation of municipal forest control and supervision in relation to such forest areas.

POWERS OF MUNICIPALITIES IN THE FIELD OF FOREST MANAGEMENT The application of the Forest Code may be complicated by the fact that the municipal competence enshrined in it does not largely coincide with issues of local importance defined by Federal Law No. 131-FZ of October 6, 2003. From the point of view of this law, the powers of local self-government bodies established by federal laws and the laws of the constituent entities of the Russian Federation, on issues that are not classified by Law 131-FZ itself as issues of local importance, are considered as separate state powers transferred for implementation to local self-government bodies. 1 article 19). Thus, only coinciding powers, namely, in terms of the implementation of municipal forest control and supervision, can be confidently attributed to issues of local importance.

UNCLEARED POWERS IN THE SPHERE OF FOREST MANAGEMENT 1) The Forest Code refers only to forest plots - forests remain with state bodies. If literally - then both urban and located in the territories of municipal districts. 2) The question of who conducts the state expertise of forest development remains unclear - whether this is a delegated authority to municipalities or not. 3) Municipalities have the right to issue permits for geological study subsoil in the forest areas of the state fund. There is a clear contradiction between local and state. 4) Municipal forest control is possible only in municipal forests, but not in state forests on the territory of the municipality. 5) The mechanism and rights of such control are not defined. Measures of administrative influence on violators are prohibited. 6) In fact, municipalities by their power cannot suspend forest use without a trial.

EVALUATION OF THE COMMISSION OF THE PUBLIC CHAMBER OF THE RUSSIAN FEDERATION ON ENVIRONMENTAL POLICY AND PROTECTION In general, attempts to introduce municipal control in various natural resource areas, most often caused by the inefficiency of state control, “break” against administrative legislation, which initially did not imply such a redistribution of competence.

EVALUATION OF THE COMMISSION OF THE PUBLIC CHAMBER OF THE RUSSIAN FEDERATION ON ENVIRONMENTAL POLICY AND PROTECTION Let us emphasize that the resulting gap in the federal legislation is of an absolute nature, and cannot be eliminated either by the application of other norms by analogy, or even more so by the rule-making efforts of the local governments themselves. Unfortunately, the documents adopted by them, pursuing the goal of legal support for municipal forest control, often contradict federal legislation, which is quite understandable in the current situation.

ESTABLISHING MUNICIPALITIES WITH THE FUNCTIONS OF PUBLIC AUTHORITIES (D E FACTO) However, all this is more of a declaration. Too many unclear and contradictory. Intrusion into related branches of legislation is almost inevitable, and problems can arise in connection with this. In the Jewish Autonomous Region, the functions of state supervision of forests were transferred to the municipalities, and they endowed their employees with functions that can only be vested in civil servants (detention, inspection of personal belongings, seizure of illegal production from violators, delivery to law enforcement officers, etc.).

OTHER FEATURES OF DECLARATION In addition to the exercise of their own and delegated managerial powers, the impact of local government on the environmental situation is possible indirectly, for example, through mechanisms of participation in the activities of state environmental authorities. However, when referring to the procedure for the implementation of the most significant management procedures, such as the regulation of harmful effects on environmental objects, the issuance of permits for emissions, discharges of pollutants, waste disposal, the absence of any forms of municipal participation is found, which is mainly due to the absence of primary norms of this kind. in federal laws.

Commission of the Civic Chamber of the Russian Federation on Environmental Policy and Environmental Protection: Numerous, frequent and mutually exclusive amendments made to the competent sections of environmental legislation in recent years, an example of which is the contradictory regulation of state and municipal environmental control, has become one of the main reasons for the low efficiency environmental management.

FINANCIAL SUPPORT FOR ENVIRONMENTAL ACTIVITIES OF MUNICIPALITIES (SETTLEMENTS) When addressing environmental issues, settlements have 1) funds from their own budget, 2) state subventions for solving certain problems, 3) municipal property of a special kind: property intended for organizing improvement and gardening of the territory of the settlement ; property intended for the collection and removal of household waste and garbage; land plots classified as municipal property of the settlement in accordance with federal laws; ponds, flooded quarries on the territory of the settlement; property intended for the creation, development and protection of health-improving areas and resorts of local importance on the territory of the settlement; property intended for the prevention and elimination of the consequences of emergency situations within the boundaries of the settlement.

FINANCIAL SUPPORT FOR ENVIRONMENTAL ACTIVITIES OF MUNICIPALITIES (MUNICIPAL REGIONS) Municipal districts may own: property intended for the disposal and processing of household and industrial waste; land plots classified as municipal property of a municipal district in accordance with federal laws; ponds, flooded quarries located on the territories of two or more settlements or on the inter-settlement territory of a municipal district; property intended for the creation, development and protection of health-improving areas and resorts of local importance on the territory of the municipal district; property intended for organizing the protection of the population and the territory of the municipal district from natural and man-made emergencies.

ORGANIZATIONAL SUPPORT OF THE ENVIRONMENTAL ACTIVITIES OF MUNICIPALITIES Representative bodies + Heads + Administrations Or we appoint a responsible official, a specialist in the administration. Or we create special bodies: administrations, departments, committees... The main problem from the point of view of efficiency is the problem of informal ties with the local business world, ties carried out, among other things, through activities not prohibited by law to provide paid expert and other services to merchants. The corruption component is great.

MUNICIPALITIES AND CONTROL AND PERMISSION ACTIVITIES RELATED TO THE PROTECTION OF THE ENVIRONMENT (FOREST) ​​1.Problems of forest control. 2. Since the federal legislation is silent, the municipalities develop their own regulations: a) the requirements of the legislation, regulations of the Yaroslavl region, local governments on the use of forests; b) requirements for the conservation of forests from destruction, damage, weakening, pollution and other negative impacts; c) the procedure for using the forest fund; d) requirements of federal legislation, other regulatory legal acts on reforestation and afforestation; e) requirements of sanitary rules in forests; f) rules for forest management and stay of citizens in forests; g) fire safety rules in forests; h) requirements to ensure compliance of forest management projects and other forest management documents, as well as planned forest management activities with the principles of sustainable

MUNICIPALITIES AND CONTROL AND PERMITTING ACTIVITIES RELATED TO ENVIRONMENT PROTECTION (FOREST) ​​i) development, rational, continuous, sustainable use of the forest fund, preservation and strengthening of environment-forming, water protection, protective, sanitary-hygienic, health-improving and other useful natural properties of the forest; j) requirements for ensuring the safety of signs of specially protected natural areas, forest management and forest management signs in the forest fund, as well as signs installed by wildlife users or specially authorized state bodies for the protection, control and regulation of the use of wildlife objects and their habitats, buildings and other facilities belonging to the specified users and authorities; k) rules for the use of objects of the animal world and protection of the habitat of animals on the lands of the forest fund within its competence, etc.

MUNICIPALITIES AND PERMITTING ACTIVITIES RELATED TO ENVIRONMENTAL PROTECTION (FOREST) ​​The form of control is usually scheduled and unscheduled inspections: Based on the results of the inspection, the municipal inspector draws up an act of verifying compliance with forest legislation. In case of detection of an offense in order to eliminate it (eliminate) and bring the offender to administrative responsibility, the act of inspection is sent for consideration to the territorial body of state control (supervision) or to an official who is authorized to consider cases on this type of offense. In the cases established by the legislation, it is allowed to apply to the judicial bodies of local self-government bodies.

MUNICIPALITIES AND CONTROL AND PERMISSION ACTIVITIES RELATED TO ENVIRONMENTAL PROTECTION (FOREST) ​​Municipal inspectors in the exercise of municipal forest control in the performance of their duties have the right: to exercise municipal forest control in accordance with their competence; visit and examine forest fund sites, except for closed ones (military, etc.)

MUNICIPALITIES AND CONTROL AND PERMISSION ACTIVITIES RELATED TO THE PROTECTION OF THE ENVIRONMENT (FOREST) ​​draw up, based on the results of inspections, acts of inspections of compliance with forest legislation with the obligatory familiarization of the owners, owners, users of forest objects with them; apply to the police for assistance in preventing or suppressing actions that impede the implementation of municipal forest control, as well as in identifying citizens whose actions show clear signs of violation of forest legislation; receive from state authorities, legal entities, citizens information and materials on the status, use and protection of forest objects, forest fund objects, including documents certifying the right to various forms of forest management, other information and documents necessary for the implementation of municipal forest control;

MUNICIPALITIES AND CONTROL AND PERMISSION ACTIVITIES RELATED TO THE PROTECTION OF THE ENVIRONMENT (FOREST) ​​to collect the materials necessary to take measures to eliminate the identified violations, including with the involvement of persons in whose actions there are signs of violation of forest legislation, to administrative responsibility (with annex evidence base and legal opinion), transfer them to the territorial bodies exercising control over the use and protection of land, for opening administrative proceedings; participate in the preparation of normative documents of local self-government bodies regulating the issues of protection, protection and reproduction of forests on the territory of the city of the municipality; check documents for the right to use forest fund plots and carry out all types of forest management; take measures to prevent the use of forest fund plots carried out without a logging ticket, warrant, forest ticket, or in violation of the conditions provided for in these permits, or carried out on the basis of documents issued in violation of the forest legislation of the Russian Federation;

MUNICIPALITIES AND CONTROL AND PERMITTING ACTIVITIES RELATED TO ENVIRONMENT PROTECTION (FOREST) ​​inform the population about the state of the forest fund within the boundaries of the municipality, about the measures taken to protect the land; give legal entities and individuals binding instructions to eliminate violations of the forest legislation of the Russian Federation and their negative consequences.

MUNICIPALITIES AND CONTROL AND PERMITTING ACTIVITIES RELATED TO ENVIRONMENTAL PROTECTION (WATER BODIES) The Water Code of the Russian Federation does not directly provide for the possibility of municipal water control. But in accordance with Art. 27, the powers of local governments in relation to water bodies owned by municipalities include the implementation of measures to prevent the negative impact of water and eliminate its consequences, as well as the implementation of measures to protect such water bodies. Municipalities could act here with the help of control measures.

MUNICIPALITIES AND ENVIRONMENTAL (LAND) CONTROL AND PERMITTING ACTIVITIES Municipal control over lands is carried out only in relation to their use. The task of protecting the land fund lies with the state. Municipalities have adopted a lot of normative legal acts: revealing the facts of degradation, pollution, littering, violation of land; identification and prevention of facts of harmful impact on the land in the course of economic and other activities; participation in the investigation of accidents and emergencies, in the development of measures to eliminate the consequences of accidental pollution of land.

MUNICIPALITIES AND CONTROL AND PERMITTING ACTIVITIES RELATED TO THE PROTECTION OF THE ENVIRONMENT (SUBSOIL) The Law of the Russian Federation of the city “On Subsoil” among the powers of local governments in the field of regulation of subsoil use relations provides for control over the use and protection of subsoil during the extraction of common minerals, as well as during construction of underground structures not related to the extraction of minerals. This direction is poorly implemented in the activities of local governments.

MUNICIPALITIES AND CONTROL AND PERMISSION ACTIVITIES RELATED TO ENVIRONMENTAL PROTECTION (SPNA) Federal Law No. 33-FZ “On Specially Protected Natural Territories” Federal Law of the city of 33-FZ “On Specially Protected Natural Territories” controls the organization and functioning of specially protected natural territories of local importance by local governments.

URBAN PLANNING ACTIVITY Urban planning activity = 1) Territorial planning + 2) Urban zoning + 3) Territory planning + 4) Architectural and construction design + 5) Construction of capital construction objects + 6) Capital repairs of capital construction objects + 7) Reconstruction of capital construction objects

NORMS OF TERRITORIAL PLANNING Territorial planning of settlements is carried out with the participation of municipalities and authorities of subjects. Art. 44. The Federal Law "On Environmental Protection" in the article - universal framework norms prescribed for implementation in the process of territorial planning at all levels of public authority: 1) the obligation to comply with requirements in the field of environmental protection, which would ensure a favorable environmental situation for human life and for natural ecological systems when placing urban and rural settlements;

NORMS OF TERRITORIAL PLANNING 2) the need to take measures for sanitary cleaning, neutralization and safe disposal of production and consumption waste, for compliance with the standards for permissible emissions and discharges of substances and microorganisms, for the restoration of the natural environment, land reclamation, landscaping and other measures to ensure environmental protection and environmental safety in accordance with the law; 3) the requirement to create, in order to protect the environment of urban and rural settlements, protective and buffer zones, including sanitary protection zones, green areas, green zones, including forest park zones and other protective and buffer zones withdrawn from intensive economic use with limited nature management regime. Draft master plans for settlements are subject to public hearings, the procedure for which is usually prescribed in the charter of the municipality.

URBAN PLANNING ZONING Unlike territorial planning documents that are developed by municipalities along with the federal and regional levels, urban planning zoning is the exclusive competence of local governments, and only settlements and urban districts. In municipal districts, urban planning zoning is carried out only in relation to inter-settlement territories.

TYPES OF TERRITORIAL ZONES In the process of urban planning zoning, territorial zones are distinguished, including those that ensure the ecological well-being of the territories of municipalities. Among the various types of territorial zones, the following are provided: *zones of specially protected territories, which include land plots of special environmental, scientific, historical, cultural, aesthetic, recreational, health and other especially valuable value. Such land plots are subject to the requirements established by the Land Code of the Russian Federation for lands of specially protected territories and objects; *recreational areas, which include areas within the boundaries of territories occupied by urban forests, squares, parks, city gardens, ponds, lakes, reservoirs, beaches, as well as within the boundaries of other territories used and intended for recreation, tourism, activities physical culture and sports;

TYPES OF TERRITORIAL ZONES *zones special purpose, which includes territories occupied by waste disposal facilities and other facilities, the placement of which, based on environmental safety requirements, is prohibited in other zones; * in residential areas it is forbidden to place objects that may have a negative impact on the environment.

ENVIRONMENTAL REQUIREMENTS FOR ZONING Art. 35 of the Federal Law "On Environmental Protection": ensuring compliance with the requirements in the field of environmental protection; ensuring the restoration of the natural environment; fulfillment of requirements for the rational use and reproduction of natural resources; ensuring environmental safety, taking into account the immediate and remote environmental, economic, demographic and other consequences of the operation of these facilities; observance of the priority of preserving a favorable environment, biological diversity, rational use and reproduction of natural resources.

LAYOUT OF THE TERRITORY Construction norms and rules SNiP “Urban planning. Planning and development of urban and rural settlements ” * in urban and rural settlements, it is necessary to provide, as a rule, a continuous system of green areas and other open spaces; the proportion of green areas for various purposes within the urban development must be at least 40%, and within the boundaries of a residential area at least 25% (including the total area of ​​the green area of ​​the microdistrict). the area of ​​the green area of ​​the microdistrict (quarter) should be taken at least 6 square meters. m/person (excluding areas of schools and preschool institutions); distances between residential, residential and public, as well as industrial buildings should be taken on the basis of insolation and illumination calculations in accordance with insolation standards.

PUBLIC HEARINGS ARE A TOOL FOR THE ENVIRONMENTAL POLICY OF MUNICIPALITIES Public hearings should include: draft master plans for settlements and urban districts; draft rules for land use and development; territory planning projects and land surveying projects; issues of granting permits for a conditionally permitted type of use of land plots and capital construction facilities; issues of deviation from the limiting parameters of permitted construction, reconstruction of capital construction projects. These are all questions at the municipal level.

PUBLIC HEARINGS ARE A TOOL FOR THE ENVIRONMENTAL POLICY OF MUNICIPALITIES General provisions on public hearings are established by the Federal Law “On the General Principles of Local Self-Government in the Russian Federation” and Articles 28, 31, 39, 46 of the Town Planning Code of the Russian Federation, and the procedure for organizing and holding public hearings is determined by the charter of the municipality and ( or) normative legal acts of the representative body of local self-government.

PUBLIC HEARINGS ARE A TOOL FOR THE ENVIRONMENTAL POLICY OF MUNICIPALITIES The term for holding public hearings on the draft master plan from the moment the residents of the municipality are notified of the time and place of their holding until the day the conclusion on the results of public hearings is published is determined by the municipal legal act, but cannot be less than one month and more than three months. The results of public hearings are drawn up in the form of a conclusion, which is subject to publication in the manner established for the publication of municipal legal acts, and is mandatory posted on the official website of the local government on the Internet.

ENVIRONMENTAL REQUIREMENTS FOR THE CONSTRUCTION PROCESS The Federal Law “On Environmental Protection” structurally separates environmental requirements for the construction process into a special article: availability of an approved project; compliance with requirements in the field of environmental protection, as well as sanitary and construction requirements, norms and rules; taking measures for environmental protection, restoration of the natural environment, land reclamation, landscaping. The authority to conduct an examination of the submitted construction documentation is the subject of state examination, but the issuance of a construction permit is in the overwhelming majority of cases the competence of local governments. The permit is a document confirming the compliance of the project documentation with the requirements of the town-planning plan of the land plot.

ENVIRONMENTAL REQUIREMENTS FOR THE CONSTRUCTION PROCESS Compliance of construction activities with project documentation is checked by government agencies. Municipalities are connected at the stage of completion of the construction process by issuing a permit to the developer to put the building into operation. At the same time, the municipality must take into account Part 1 of Article 38 of the Federal Law “On Environmental Protection”, which establishes that the commissioning of buildings, structures, structures and other objects is subject to full compliance with all environmental requirements.

ENVIRONMENTAL REQUIREMENTS FOR THE CONSTRUCTION PROCESS Violations of environmental requirements committed during the construction process is the basis for the decision by the local government to refuse to issue a permit to put the facility into operation. In this case, the object will have signs of unauthorized construction as created with a significant violation of urban planning and building codes and regulations (paragraph 1 of Article 222 of the Civil Code of the Russian Federation). A person who has carried out unauthorized construction does not acquire the right of ownership to it; such person shall be obliged to carry out the demolition of the unauthorized structure. Ownership of such a building cannot be recognized by a court if the preservation of such a building violates the environmental rights of citizens.

MUNICIPAL LAND CONTROL The content of municipal land control can basically be reduced to checking the rules for the violation of which liability is established in federal law: the availability of title documents for land and, if necessary, documents authorizing the implementation of economic activities (for failure to comply with these rules, liability is provided for in Art. 7.1 of the Code of Administrative Offenses of the Russian Federation "Unauthorized occupation of a land plot"); the presence of boundary signs of the boundaries of land plots (for the destruction of boundary marks, responsibility under Part 1 of Art. "Destruction of special signs");

MUNICIPAL LAND CONTROL Absence of unauthorized assignment of the right to use land, as well as unauthorized exchange of a land plot (for violation, responsibility arises under Art. of the Code of Administrative Offenses of the Russian Federation); informing about the state of land (for violation of liability under Article 8.5 of the Code of Administrative Offenses of the Russian Federation “Concealment or distortion of environmental information”); lack of land damage (Article 8.6 of the Code of Administrative Offenses of the Russian Federation “Land damage”, Article 254 of the Criminal Code of the Russian Federation “Land damage”); fulfillment of obligations to bring land into a condition suitable for use for its intended purpose or for their reclamation after the completion of the development of mineral deposits, including common minerals, construction, reclamation, logging, survey and other works, including those carried out for on-farm or own needs (Article 8.7 of the Code of Administrative Offenses of the Russian Federation);

MUNICIPAL LAND CONTROL the use of land for its intended purpose, the use of a land plot intended for agricultural production or housing or other construction, the implementation of mandatory measures to improve land and protect soil (Article 8.8 of the Code of Administrative Offenses of the Russian Federation); compensation for damage caused by land offenses (Article 76 of the Land Code of the Russian Federation).

MUNICIPAL LAND CONTROL. PROVISIONS ON THE ORDER OF CONTROL. Local self-government bodies adopt either relevant provisions on the procedure for exercising municipal land control, or the relevant sections dedicated to it are included in the rules for land use and development. The following issues should be regulated in the provisions: Basic concepts (such as control in the field of land use and protection; municipal land control; verification of land use; municipal inspector, etc.). List of municipal land control bodies (for example: the Department of Agriculture of the District Administration, the Property and Land Resources Management Department of the District Administration). Tasks (functions) of municipal land control. For example, ensuring the implementation of regulatory legal acts of the Russian Federation, constituent entities of the Russian Federation, local governments;

MUNICIPAL LAND CONTROL. PROVISIONS ON THE ORDER OF CONTROL. Principles for the implementation of municipal land control (compliance of the subject of the ongoing control measure with the competence of the local government; accounting for control measures; the possibility of appealing against actions (inaction) of officials of municipal land control; the inadmissibility of collecting fees from citizens, legal entities and individual entrepreneurs carrying out measures for municipal land control, etc.). The content of municipal land control and the powers of municipal inspectors. In particular: control over compliance with legislation in the field of protection and use of land; drawing up acts of inspections and issuing orders to eliminate identified violations of land legislation; compiling source materials on the facts of the possible presence of an administrative offense and sending them for consideration in the prescribed manner to the bodies authorized to exercise state land control (Rosnedvizhimost and its territorial divisions).

MUNICIPAL LAND CONTROL. PROVISIONS ON THE ORDER OF CONTROL. At the same time, inspectors have the right to: visit objects; issue warnings to inspected persons about the possible presence of an event of an administrative offense; draw up acts of inspections of compliance with land legislation; apply to the internal affairs bodies and the prosecutor's office for assistance in preventing or suppressing actions that impede the implementation of their lawful activities; request the information necessary for the conduct of municipal land control; send to the bodies of state land control, other bodies of state power materials on identified violations of land legislation to consider the issue of bringing the perpetrators to justice.

MUNICIPAL LAND CONTROL. PROVISIONS ON THE ORDER OF CONTROL. Objects of municipal land control: a) the object of municipal land control are lands and land plots located within the boundaries of the municipality, b) all lands located within the boundaries of the municipality, regardless of the form of ownership and (or) departmental affiliation, except for cases, provided for by federal legislation, c) lands and land plots, industrial and social facilities operating on the territory of a municipality, with the exception of facilities whose environmental and land control of activities is within the competence of federal state authorities and state authorities of a constituent entity of the Russian Federation. (It should be noted that today the federal legislation does not provide for a list of land plots on which only state land control can be exercised).

MUNICIPAL LAND CONTROL. PROVISIONS ON THE ORDER OF CONTROL. The procedure for carrying out measures for municipal land control (determination of persons authorized to issue orders for the conduct of municipal land control, establishing the procedure for conducting scheduled inspections and listing cases of unscheduled inspections). The procedure for formalizing the results of municipal land control (drawing up an act in the prescribed form; registration of acts in the register of inspections; preparation of an order to eliminate violations identified as a result of control).

Municipal environmental management.

Goals and objectives of municipal environmental policy.

Mechanisms for the implementation of municipal environmental policy.

Participation of the population in solving environmental problems of the city.

Municipal Department of Public Safety.

Municipal environmental management. Ecological situation and ecological problems of cities.

The state of the environment is one of the most important parameters that determine the quality of life of the population in the territory of the municipality. The environmental safety of the territory is an essential component of public safety, therefore, the municipal government, especially in cities with an unfavorable environmental situation, must develop and implement local environmental policy linked to the environmental policy of the state and aimed at protecting the environment from adverse man-made impacts. The implementation of an effective municipal environmental policy has a positive effect on the environmental situation not only in a particular municipality, but also in the region and in the state as a whole. And vice versa, a municipality with an unfavorable environmental situation, as a subsystem of the state and the region, has the right to count on the participation of the state and on attracting its resource capabilities to correct this or that situation.

The severity of environmental problems, the need to ensure environmental safety and rational use of natural resources are recognized today throughout the world. The goal of the state policy of the Russian Federation in the field of environmental protection and nature management is a balanced solution of socio-economic and environmental problems in the interests of present and future generations.

The main environmental pollutants in municipal territories are shown in fig. one.

Fig.1. The main environmental pollutants in the territory of the municipality

Enterprises that extract and process minerals destroy the soil layer, pollute it with waste, violate the groundwater regime, and sometimes completely destroy small rivers. Energy industry enterprises using various types of fuel are the largest sources of air pollution. Industrial enterprises using backward technologies that do not provide for the integrated and waste-free (or low-waste) use of all types of resources pollute the air basin, water bodies and the soil layer with various types of industrial waste. This is especially true for enterprises in the chemical, metallurgical and some other industries. At the same time, it is impossible not to note the desire of individual economic entities to get the maximum from the use of natural resources of the respective territories with a minimum of responsibility for the state of the natural environment.

Urban transport is a particularly dangerous air pollutant, since it operates in close proximity to residential areas and crowded places.

The ecological situation is characterized by the following components.

Ecological capacity the territory of the municipality, which is understood as the ability of nature to overcome adverse impacts and ensure the reproduction of natural systems existing in the given territory. A single criterion of ecological capacity has not been developed, but a system of criteria can be used to determine, although indicative, but having real foundations, the limits of the permissible total anthropogenic load on specific territories. The assessment of the ecological capacity of the territory is the task of special studies and services, and the application of the results obtained by these services acts as one of the most important elements of municipal environmental policy.

Influence of the ecological situation on the health of the population. It strongly depends on the ecological situation in general and is itself an indicator of the quality of the local habitat. The connection of many diseases with the quality of the environment has been irrefutably proven.

A set of factors determining the specific environmental situation in the municipality. This list is specific to each locality, although it consists of a combination of common factors. Revealing and taking into account the specific factors that caused this or that environmental situation in the municipality is a necessary condition for the development of municipal environmental policy. For this purpose, the structure of the economy of the municipality is analyzed, trends in the change in the resource intensity of enterprises, the volumes of waste entering the environment, the size of territories requiring recultivation are determined, the level of concentration of anthropogenic impacts is assessed, local reserves (or their absence) are identified when characterizing the ecological capacity of territories, research and ranking the main causes of environmental problems.

There are five degrees of trouble and severity of the environmental situation in the municipality: 1) relatively satisfactory; 2) tense; 3) critical (pre-crisis); 4) crisis - a zone of emergency environmental situation; 5) catastrophic - a zone of ecological disaster.

Satisfactory. The ecological situation complies with the established standards. There are no negative consequences for humans. The habitat is kept in optimal condition.

Tense. The presence of a threat to human health for individual functions and components. Deterioration of the human environment. Some decrease in the productivity of natural resources and a change in the mode of self-healing of natural systems.

Pre-crisis (critical). The frequency of health problems. The state of the human environment is significantly deteriorating. The threat of depletion or loss of natural resources is rapidly growing. The self-healing function of natural systems is weakened. Changes go beyond the areas of their occurrence.

Crisis. A sharp deterioration in the health of the population, manifested in violations of the basic functions of the human body. A sharp increase in general and childhood morbidity, a significant increase in the number of cases in the main classes of diseases. The human environment becomes unsuitable for life. Significant depletion of natural resources. Violation of the functions of natural complexes becomes difficult to reverse.

Catastrophic. It is characterized as a zone of ecological disaster. It poses a serious danger to human life and the reproduction of future generations. The severity and depth of changes in the biosphere in some cases become interregional. Self-restoration of natural systems is possible only when they are taken out of economic use for a long time. Elimination of the consequences requires colossal financial, organizational and technical costs.

Ecological situation and ecological problems of cities

The state of the environment is one of the most important parameters that determine the quality of life of the population in the territory of the municipality.

The environmental safety of the territory is an essential component of public safety, therefore, the municipal government, especially in cities with an unfavorable environmental situation, must develop and implement a local environmental policy that is linked to the environmental policy of the state

and aimed at protecting the environment from adverse man-made impacts. The implementation of an effective municipal environmental policy has a positive effect on the environmental situation not only in a particular municipality, but also in the region and in the state as a whole. And vice versa, a municipality with an unfavorable environmental situation, as a subsystem of the state and the region, has the right to count on the participation of the state and on attracting its resource capabilities to correct this or that situation.

Functions of the municipal construction management body

For all objects in the territory of the municipality

In addition, for facilities built with the involvement of budgetary funds

Participation in the development of annual

and long-term plans for capital construction in the territory

Participation in the selection of sites for construction, transfer to general contractors

organizations documents on the allocation of land

Control and technical supervision of construction (together with the bodies of the State Architectural Control)

Participation in the work of state acceptance commissions

Providing construction with design and estimate documentation

Creation of a geodetic basis for construction

Registration of contracts with the general contractor, equipment suppliers, commissioning organizations

Securing Construction Financing

Provision of construction equipment, the supply of which is entrusted to the customer

Transfer of commissioned facilities to operating organizations

Rice. 4.7.5. Functions of the municipal construction management body

Municipal government system

The severity of environmental problems, the need to ensure environmental safety and rational use of natural resources are recognized today throughout the world. The goal of the state policy of the Russian Federation in the field of environmental protection and nature management is a balanced solution of socio-economic and environmental problems in the interests of present and future generations.

The main environmental pollutants in municipal territories are shown in fig. 4.8.1

Major environmental pollutants

Enterprises engaged in the extraction and processing of minerals

Energy companies

industries using

Industrial enterprises with backward technology

Urban transport

Rice. 4.8.1. The main environmental pollutants in the territory of the municipality

Enterprises that extract and process minerals destroy the soil layer, pollute it with waste, violate the groundwater regime, and sometimes completely destroy small rivers. Energy industry enterprises using various types of fuel are the largest sources of air pollution.

Industrial enterprises using backward technologies that do not provide for the integrated and waste-free (or low-waste) use of all types of resources pollute the air basin, water bodies and the soil layer with various types of industrial waste. This is especially true for enterprises in the chemical, metallurgical and some other industries. At the same time, it is impossible not to note the desire of individual economic entities to get the maximum from the use of natural resources of the respective territories with a minimum of responsibility for the state of the natural environment.

Urban transport is a particularly dangerous air pollutant, since it operates in close proximity to residential areas and crowded places.

The ecological situation is characterized by the following components.

The ecological capacity of the territory of the municipality, which is understood as the ability of nature to overcome adverse impacts and ensure the reproduction of the natural systems existing in the given territory. A single criterion of ecological capacity has not been developed, but a system of criteria can be used to determine, although indicative, but having real foundations, the limits of the permissible total anthropogenic load on specific territories. The assessment of the ecological capacity of the territory is the task of special studies and services, and the application of the results

Chapter 4

tats received by these services acts as one of the most important elements of municipal environmental policy.

Influence of the ecological situation on the health of the population. It strongly depends on the ecological situation in general and is itself an indicator of the quality of the local habitat. The connection of many diseases with the quality of the environment has been irrefutably proven.

A set of factors that determine the specific environmental situation in the municipality. This list is specific to each locality, although it consists of a combination of common factors. Revealing and taking into account the specific factors that caused this or that environmental situation in the municipality is a necessary condition for the development of municipal environmental policy. For this purpose, the structure of the economy of the municipality is analyzed, the trends in the change in the resource intensity of enterprises, the volumes of waste entering the environment, the size of territories requiring reclamation are determined, the level of concentration of anthropogenic impacts is estimated, local reserves (or their absence) are identified when characterizing the ecological capacity of territories, research and ranking of the main causes of environmental problems.

There are five degrees of trouble and severity of the environmental situation in the municipality: 1) relatively satisfactory; 2) tense; 3) critical (pre-crisis); 4) crisis - a zone of emergency environmental situation; 5) catastrophic - a zone of ecological disaster (Fig. 4.8.2).