Accepted at the thirty third plenary session of Inter-parliamentary Assembly of the State Parties of the CIS by the resolution No. 33-10 of December 3, 2009

MODEL LAW

About ecological responsibility concerning the prevention and liquidation of harm to the environment

Chapter 1. General provisions

Article 1. Purpose of this Law

The purpose of this Law is establishment based on the principle "pollutant pays" and the system of ecological responsibility harmonized with rules of international law for prevention and liquidation of harm to the environment with transferring of burden of compensation of caused environmental damage from society in general on business entities whose activities did harm to the environment.

Article 2. Terms and determinations

For the purposes of this Law the following terms and determinations are applied:

1. Ecological responsibility:

- conscientious attitude of business entity to normative legal requirements of environmental protection on the basis of understanding it effects of the performed economic activity for the environment and voluntarily assumed obligation and readiness to perform preventive actions for prevention of environmental damage, and also to voluntarily liquidate the harm done to it;

- obligation of the subject of legal relationship to undergo adverse effects in connection with causing harm by it to the environment.

2. The environment - set of components of the environment, natural and natural and anthropogenous objects, and also anthropogenous objects.

3. The favorable environment - the environment which quality provides steady functioning of natural ecological systems, natural and natural and anthropogenous objects.

4. Harm to the environment - the negative change of the environment as a result of its pollution which entailed degradation of natural ecological systems and depletion of natural resources.

5. Ecological damage (harm) - all negative effects caused by environmental pollution, loss and depletion of natural resources, destruction of ecosystems and creating real health hazard of the person, to plant and animal life, material values. Deterioration in health of the person and his premature death, disappearance of plants and animals, destruction of natural ecosystems, decrease in productivity of farmlands and real estate value, etc. can belong to such effects.

6. Economic evaluation of the harm done to the environment, value term of costs for recovery of the environment to steady condition.

7. Objects of protection - the protected natural objects, including:

a) live organisms (objects of animal and flora):

- being under the threat of disappearance;

- vulnerable, uzkoendemichny, endemic and rare objects of plant and animal life which protection is important for preserving flora and fauna of different climatic zones;

- which actual or potential economic value is established and which inventories in case of the existing rates of operation are delivered on disappearance side therefore need of acceptance of urgent measures on their protection and reproduction ripened;

- which do not need urgent measures of protection, but the state control of their condition owing to their vulnerability is necessary (living on the edge of area, naturally rare etc.);

- falling under action of international agreements and conventions;

- included in the International Red List and the Red List of the State Parties of the CIS;

b) natural complexes (ecosystems), including valuable landscapes, natural objects and territories: the protected and especially protected natural territories (the national natural parks, the state natural wildlife areas, nature sanctuaries, national parks, dendrology parks, natural parks, botanical gardens and other especially protected territories), the natural objects having special nature protection, scientific, historical and cultural, esthetic, recreational, improving and other valuable value;

c) water objects (superficial) - concentration of waters on land surface, in forms of its relief, having borders, amount and lines of the water mode and representing separate and considerable element of surface water: the river, stream, the lake, water storage basin, pond, the swamp and other water objects in natural or artificial hollows;

d) soils - the natural or changed as a result of economic and other activity earth blanket which is consisting of mineral and organic substances, water, air, soil organisms and products of their life activity having the fertility, structure and properties necessary for existence of plants and animals, life support and activities of the person.

8. Steady state of environment:

a) concerning the protected objects of animal and flora - capability of objects of animal and flora in the long term to reproduce itself as viable component of the native habitat, availability of the native habitat of objects of animal and flora necessary for their preserving in the long term;

b) concerning natural and natural and anthropogenous kompleksovstabilnost in the long term of processes and the relations of the natural and natural and anthropogenous complexes providing their functioning.

9. Pollutant - any substance which when entering into the environment can cause pollution of its components.

10. Pollution of water objects - dumping or receipt by different way of pollutants in water objects, and also education in them hazardous substances which worsen quality of surface and underground water limit use or negatively influence condition of bottom and coast of water objects.

11. Potential hazard of harming - high risk of harming objects of protection in the short term.

12. Competent authority - specially authorized state body on environmental protection which according to regulations on it is allocated with powers on environmental protection and natural resources and which performs coordination of activities of other specially authorized state bodies.

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