Environmental Law, Moscow State Law Academy (3 tasks)

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Uploaded: 10.07.2013
Content: 30710115329360.zip (18,2 kB)

Description

Objective 1
Office of the Federal Service for Supervision of Natural Resources of the Sakhalin region in the course of a routine inspection activities of the Company on the issue of compliance with the environmental legislation of the Russian Federation and international norms and standards in the field of marine environment revealed that the Company, carrying out economic activities in the territorial sea for the extraction of aquatic biological fisheries resources in the area, does not have a positive opinion of the state ecological expertise to conduct business activities in the internal sea waters and territorial sea, which served as the basis for making decisions about bringing to the administrative responsibility of the Company.
Disagreeing with the decision, the Company applied to the Arbitration Court of the Sakhalin Region, a statement was declared illegal and the cancellation of the administrative prosecution, referring to the provisions of Articles 11, 34 of the Federal Law of December 20, 2004 № 166-FZ "On Fisheries and Conservation aquatic biological resources. " According to the applicant, with a permit to conduct fishing in the Company was no obligation to obtain a positive opinion of the state environmental expertise to conduct business activities in the internal maritime waters.
Questions
- List the major ecological and legal requirements for the implementation of economic activities in the internal sea waters and territorial sea of \u200b\u200bthe Russian Federation;
- Is the documentation supporting the economic activity in the territorial sea for the extraction of aquatic biological resources in the fishing area of \u200b\u200bthe object of the state ecological expertise?
- Define the basic legal acts, to be applied in a given situation;
- Decide the case.

Task 2
Legislative Assembly of the Vologda region June 28, 2006 adopted the Law № 1465-03 «About the investment of local governments with separate state powers in the field of environmental protection", in accordance with Part 1 of Article 2 which local authorities were granted certain state powers to implement the public environmental monitoring at the facilities of economic and other activities regardless of ownership, located on the territory of the municipal district (city district), with the exception of objects, control of which is carried out by the executive state authority responsible for environmental protection.

Additional information

The implementation of these powers in the Law Department of Ecology and Environmental Protection Administration of the municipal district of the Vologda region has been audited by the Company's compliance with environmental legislation, the results of which it was prosecuted under Article 8.2 of the Code of Administrative Offences to sentence to a fine that It was the basis for the Company's appeal to the Arbitration court for invalidation and cancellation of the administrative prosecution.
Questions:
- If the communication is legitimate organ of state authority of the Russian Federation of certain state powers in the field of state control in the field of environmental protection (state ecological control) to local governments? The position of reason;
- Expand the organization and conduct of state control in the field of environmental protection (state ecological control), including the method of differentiation of objects of economic and other activities, subject to the federal environmental control, and objects of economic and other activities, subject to the control of the executive authorities of the Russian Federation, and the list of officials exercising state ecological control;
- Decide the case.

Objective 3
The Government of the Kirov region July 21, 2008 adopted a resolution № 140/290 «On Restriction of the use of wildlife, of game."
Paragraph 1 of this resolution was a restriction on the use of wildlife, of game, to hunt in the territory of the hunting grounds of common use of certain areas of the Kirov region.
Clause 2 of the Resolution also ordered not to provide legal entities and individuals the right to use objects of the animal world of game, to hunt and territories (water areas), necessary for the implementation of this type of use on the territory of the hunting grounds in the public areas of the Kirov region to cancel the restriction.
The Company appealed to the court to declare the said decision regarding the imposition of restrictions on the provision of legal persons the right to use objects of the animal world of game, to hunt and territories (water areas), necessary for the implementation of this type of use within the boundaries of hunting grounds common areas of the Kirov region, contrary to the provisions of Article 21 of the Federal Law of April 24, 1995 № 52-FZ "On the animal world", Article 8 of the Kirov region on September 17, 2005 № 357-30 «On protection and use of fauna Kirov Region ", in support of claims referring to the fact that the disputed decision infringes the rights and legitimate interests of society, as it creates objective obstacles for them in the territory of the public lands of this type of wildlife as hunting.
Decision of the Kirov Regional Court on June 1, 2009 the application was dismissed.
Questions:
- List the basic measures of protection of wildlife and their habitat;
- Open the procedure and conditions for the imposition of restrictions and prohibitions on the use of wildlife;
- Whether legitimate decision of the Kirov regional court?


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