On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of March 5, 2013 No. 5-P

On the case of check of constitutionality of article 16 of the Federal law "About Environmental Protection" and the order of the Government of the Russian Federation "About Approval of Procedure for Determination of Payment and Its Extreme Sizes for Pollution of the Surrounding Environment, Placement of Waste, Other Types of Harmful Effects" in connection with the claim of Topol Limited liability company

Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, K. V. Aranovsky's judges, A. I. Boytsova, N. S. Bondar, G. A. Gadzhiyev, Yu. M. Danilov, L. M. Zharkova, G. A. Zhilin, S. M. Kazantsev, M. I. Kleandrov, S. D. Knyazev, A. N. Kokotov, L. O. Krasavchikova, S. P. Mavrin, N. V. Melnikov, N. V. Seleznyov, O. S. Hokhryakova, V. G. Yaroslavtsev,

with participation of the representative of Topol LLC - the lawyer E. V. Sorokina, the plenipotentiary of the State Duma in the Constitutional Court of the Russian Federation D.F. Vyatkin, the representative of the Federation Council - the doctor of jurisprudence A. S. Salomatkin, the plenipotentiary of the Government of the Russian Federation in the Constitutional Court of the Russian Federation M. Yu. Barshchevsky,

being guided by Article 125 (part 4) Constitutions of the Russian Federation, Item 3 parts one, parts three and the fourth Article 3, Article part one 21, Articles 36, 74, 86, 96, 97 and 99 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",

considered case on check of constitutionality of article 16 of the Federal law "About Environmental Protection" and the order of the Government of the Russian Federation "About Approval of the Procedure for Determination of Payment and Its Extreme Sizes for Pollution of the Surrounding Environment, Placement of Waste, Other Types of Harmful Effects" in open session.

Reason for consideration of the case was the claim of Topol LLC. The basis to consideration of the case was the found uncertainty in question of whether there correspond Constitutions of the Russian Federation the normative provisions challenged by the applicant.

Having heard the message of the judge-speaker G. A. Gadzhiyev, explanation of agents of the parties, speeches of the representatives invited in meeting: from the Supreme Arbitration Court of the Russian Federation - E. L. Povetkina, from the Ministry of Justice of the Russian Federation - M. A. Melnikova, from the Ministry of Natural Resources and Environmental Protection of the Russian Federation - V. V. Rashchevskoy, from the Prosecutor General of the Russian Federation - T. A. Vasilyeva, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. According to article 16 of the Federal Law of January 10, 2002 N 7-FZ "About environmental protection" the negative impact on the environment is paid; forms of payment for negative impact on the environment are determined by this Federal Law, other Federal Laws (Item 1); placement of production wastes and consumption belongs to types of negative impact on the environment, in particular, (Item 2); the procedure for calculation and collection of payment for negative impact on the environment is established by the Government of the Russian Federation (Item 3); introduction of the payment determined by Item 1 of this Article does not exempt subjects of economic and other activity from accomplishment of actions for environmental protection and indemnification to the environment (Item 4).

In pursuance of the instruction of Item 3 of this Article the order of the Government of the Russian Federation of August 28, 1992 N 632 approves the Procedure for determination of payment and its extreme sizes for pollution of the surrounding environment, placement of waste, other types of harmful effects which extends on legal entities and the physical persons performing the any kinds of activities connected with environmental management are provided by collection of payment for harmful effects on the surrounding environment, including for placement of waste, and establishes general rules of its calculation.

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