Legal encyclopedia. Letter K

ENVIRONMENTAL CONTROL

- one of the ecological functions of the modern state and an integral part of the mechanism for the implementation of environmental and legal norms.

In general, E.K. - is a verification of compliance by enterprises, institutions, organizations, i.e. All economic entities and citizens of environmental requirements for the protection of the natural environment and ensuring environmental safety of the society.
The goal of EK is to protect the natural environment by preventing and eliminating offenses.

The forms of control are informative, warning and punitive.

Information control is expressed in the collection and compilation of the necessary environmental information for transmission to the relevant state authorities with a view to taking preventive or punitive measures. Preventive control is aimed at preventing the onset of harmful consequences that might arise due to the failure to implement the necessary measures to protect the environment, non-compliance with laws. Punitive control is expressed in the application of measures of state coercion to violators guilty of failing to comply with mandatory measures for the protection of the natural environment and its individual facilities or in non-compliance with the requirements of the law.

E. K. is carried out at different levels, and we can distinguish the following types of EK:

1) stateE. TO.;

2) productionE. TO.;

3) public E.K.

State EK is carried out by state bodies and is aimed at checking compliance with the legislation on environmental protection.

The production EK has as its primary task the verification of the enterprise's performance of mandatory measures for the protection of the natural environment and its individual components. Public control is not limited to any part of the EK facility. It refers both to the sphere of state and to the sphere of industrial control. Within the scope of these types of control, manifestations of all forms of EK are possible. For example, production control can take place both in the form of information control, and in the forms of preventive and punitive control.

The methods of realization of EK are manifested in the observation of the state of objects; Carrying out of checks on observance of the legislation and performance of obligatory actions in the field of protection of the environment and its objects; Warning of the need for the economic entity to take mandatory measures to protect the natural facility and the environment as a whole; Suppression of environmentally harmful actions (restriction, suspension, termination of activities); Issuance of permits (or cancellation of permits) for nature use, emissions, discharges, disposal of substances; Establishment of environmental quality standards and limits of harmful impact on it; Bringing to administrative responsibility in the form of a fine for breaking the law.

As objects of EK are: 1) the state of the surrounding natural environment, its individual objects and the degree of their change under the influence of economic development;

2) implementation of mandatory measures to protect the natural environment and its individual facilities;

3) compliance with environmental regulations.