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ecological examination of the design documentation in system ekologopravovyh requirements on maintenance of preservation of the environment

Ekologo-legal regulation of system of the public relations arising and dynamically developing at building, reconstruction of buildings, constructions, is directed on maintenance of rational use and reproduction of natural resources, ecological safety, maintenance and restoration of quality of environment.

For realisation of tasks in view the ecological legislation establishes borders (limits) of realisation of the right to building and requirements to its maintenance. Legal regulation of relations by norms of the ecological legislation «is interfaced mainly to interdictions, instructions, duties, the restrictions addressed to subjects ekologoznachimoj of activity and directed on protection of the common interest in preservation of environment and favorable ecological conditions of human life» [490].

Base principle of the legislation on town-planning activity are the general provisions on realisation of any kinds of town-planning activity (from strategic planning of development of territories before operation of concrete buildings, constructions) with observance of requirements of preservation of the environment and ecological safety (podp. 9 items 1 GrK the Russian Federation). Along with general nature protection requirements FZ «About preservation of the environment» includes special interdictions and requirements to placing, designing, building, reconstruction, operation, input and output from operation of buildings, constructions, and also specific requirements to erection of objects of power, an agricultural purpose, meliorative systems, the military and defensive objects, separately located hydraulic engineering constructions, to settlements, etc. Additional norms contain in prirodoresursnyh standard legal acts and are directed on protection of separate natural objects (see For example, item 59, 67 VK the Russian Federation).

Measures on preservation of the environment at erection of buildings and constructions are developed on the basis of engineering researches [491] and join in structure of the design documentation of objects of capital construction. The basic planned actions for preservation of the environment are enclosing of a building site by a fence for decrease in noise influence and distribution of fouling substances; use of the certificated building materials; the control over the maintenance of fouling substances in exhaust gases of cars and the building technics; planirovochnye restrictions at placing of sources of emissions of fouling substances and gardening. For the purpose of the prevention of pollution of the earths and negative influence on other natural objects the organisation of gathering and recycling of a waste according to their class of danger is required. The important role in maintenance of preservation of the environment is carried out by the mechanism of collection of a payment provided by the legislation for placing of a building waste and other kinds of harmful influence of building on surrounding среду2.

Buildings and constructions should be designed so that in the course of their building and operation there was no threat of rendering of negative influence on environment (item 14 FZ «Technical regulations about safety of buildings and constructions»). On initial design stages acceptance of ecologically focused administrative decision is promoted by carrying out of an estimation of influence of planned economic and other activity on environment (OVOS) 1.

OVOS is in close interrelation with ecological examination. «The Russian legislator has combined application OVOS with obligatory carrying out of the state ecological examination (our invention), having included the first in

The second and having provided thus tolerance of legal institutions in

- 2 lawmaking and appropriate further development of a national economy ».

Necessity of realisation of an estimation of character and influence scales on

Environment of building of object and ecological, and also connected with them

Other consequences of this influence defines in some cases the requirement about

OVOS irrespectively carrying out of ecological examination.

According to item 25, 40 Governmental orders of the Russian Federation from 16.02.2008 № 87 «About structure of sections of the design documentation and requirements to their maintenance» [492 [493] [494] [495] such section of the design documentation as «the List of actions for preservation of the environment» should contain results of an estimation of influence of object of capital construction on environment. At the same time position about an estimation of influence of planned economic and other activity on environment (2000) has been developed to execute FZ «About ecological examination» and regulates process of carrying out of an estimation of influence and preparation of the corresponding materials which are the basis for working out of the proving documentation on objects of the state ecological examination. The given circumstance leads to inconsistent practice, and not in all subjects of the Russian Federation results OVOS as a part of the design documentation demand.

Carrying out OVOS and ecological examination is a guarantee of maintenance of rational wildlife management, acceptance of ecologically weighed decision on building, reconstruction of object of capital construction, bar of claim by lapse of time of negative influence of building activity on environment. I.O.Krasnov fairly notices, that realisation of a principle of preventive wildlife management and the prevention of negative anthropogenous influence on surrounding environment (including through order OVOS) is one of effective ways of the decision of environmental problems as preventive maintenance in comparison with measures of struggle against already come negative for environment of result of economic activities promotes prevention by time of difficultly eliminated ecological changes. Estimation of influence of economic activities of the person on environment and ecological examination as has underlined the Constitutional Court of the Russian Federation, concern basic elements of the mechanism of maintenance of ecological safety [496 [497] [498].

Ecological examination - «the base institute directed on the prevention of potential degradation of the nature under condition of an exception of abusings and corruption». O.L.Dubovik underlines, that ecological examination «throughout more than 10 years really was the effective tool of preservation of the environment» [499], M.M.Brinchuk considers it «as unique effectual measures of preservation of the environment in the Russian Federation in 90th years of the last century» 1. In connection with development of the town-planning legislation since January, 1st, 2007 the list of objects of the ecological examination containing in item 11 - 12 FZ from 23.11.1995 № 174-FZ «About ecological examination», has been considerably reduced. Object of the state ecological examination is the design documentation of insignificant quantity of objects of the capital construction which allocation is made by the legislator taking into account their future territorial placing (on the earths of especially protected natural territories of federal, regional or local value; the Baikal natural territory, on a continental shelf; in the exclusive economic area; in internal sea waters and in territorial sea) or special danger to fragile interaction of separate components of the nature and environment in whole (the artificial ground areas; the objects connected with placing and neutralisation of a waste I - V class of danger). Since January, 1st, 2018 the further change of nature protection requirements is planned, including Regarding inclusion in objects of the state ecological examination of federal level of the design documentation of objects of the capital construction concerning according to the legislation in the field of preservation of the environment to objects of I category [500 [501] [502].

Such changes are connected with one of modern lines of the Russian legislation, consisting in reforming and perfection of standard legal acts for the purpose of reduction of administrative barriers of enterprise activity, simplification of interaction of the state and businessmen within the limits of realisation of kontrolno-supervising activity, increase of a transparency and comfort of business dealing, including regarding decrease in costs of enterprise community. Necessity of reduction as quantities of procedures with participation of the state bodies, and terms of their realisation is proclaimed as a substantiation of acceptance of so-called "motoring maps". For example, reduction of quantity, cumulative time and expenses on passage of the procedures connected with realisation investitsionno-building

Projects, is called among the "motoring map" purposes in sphere строительства1.

«An exception of the list of objects of civil-engineering designs, reconstruction, expansions, modernisation, preservation and liquidation of the enterprises, the main pipelines and other ecologically dangerous objects experts in the field of preservation of the environment estimate as destruction, destruction of the state ecological examination» [503 [504]. From a position of the Constitutional Court of the Russian Federation it is a question only of change of the form of check - instead of the state ecological examination, the state sanitary-and-epidemiologic examination and of some other examinations uniform state expert appraisal of the design documentation and results of engineering researches according to GrK the Russian Federation [505] is spent. Whether there was simply a replacement of the form of check of the design documentation, it is possible to define at the current legislation analysis about examination in building sphere. It is necessary to notice, that any preventive examination "interferes" in economic sphere, that in itself allows businessmen to draw a conclusion on its negative influence on investment appeal of business. How much private interests of builders will be adjusted with public interests in considered sphere?

The town-planning code provides examination of results of engineering researches and examination of the design documentation (see ch. 3.2, podp. 3 ch. 8, ch. 9 items 49 GrK the Russian Federation), besides, duplicate item 11 positions - 12 FZ «About ecological examination» about compulsion of ecological examination of the design documentation of some objects (ch. 6 items 49 GrK the Russian Federation). Whether is replacement of requirements about carrying out of ecological examination of the design documentation [506] for examination of the design documentation according to positions of the town-planning legislation (further - town-planning examination) only formal (as it defines KS the Russian Federation)?

Irrespective of an examination kind its carrying out is based on the general basic principles of expert activity (independence, completeness, objectivity, scientific character), and activity of experts should be carried out according to legislative requirements. The general for ecological and town-planning examination is the establishment during carrying out of examination of conformity only planned building activity by an estimation of the design documentation. Examination is the important tool on maintenance of the law and order and an element of the organisation-legal mechanism of protection of interests of the state and private persons.

The part 5 items 49 GrK the Russian Federation establishes limits of check of the design documentation at town-planning examination is an estimation of conformity to requirements of technical regulations and results of engineering researches. The named norm among the other mentions also the ecological requirements containing in technical regulations. The federal legislator does not define what to understand as requirements of technical regulations, but semanticheski, taking into account FZ «On technical regulation» it is obligatory rules, conditions, restrictions to which there should correspond processes on creation of buildings, constructions and the characteristic of buildings, the constructions, containing in technical regulations. Result of examination is acknowledgement (or not acknowledgement) conformity of the design documentation to results of engineering researches and to technical regulations.

FZ «the Technical regulations about safety of buildings, constructions» contain the general declarative norm that actions for the preservation of the environment, the buildings provided in the design documentation or constructions according to federal acts and other standard legal acts of the Russian Federation, should provide prevention or minimisation of rendering of negative influence on environment. In ch. 2 items 5 of the named law are provided, that safety of buildings and constructions, and also connected with buildings and constructions of processes of designing (including researches), buildings is provided by means of observance of requirements of the given technical regulations and requirements of standards and the arches of the rules included in the List of national standards and the arches of rules, approved by the Order of the Government of the Russian Federation from 21.06.2010 № 1047-r1; the List of documents in the field of the standardization, approved by Order Rostehregulirovanija from 01.06.2010 № 2079 [507] [508] [509].

In force ch. 2 items 5 and item 6 FZ «Technical regulations about safety of buildings and constructions» the negative judgement can be given out only in case of discrepancy of the design documentation to national standards and the arches of rules (to parts of such standards and the arches of rules) which are included in approved by the Government of the Russian Federation the list of national standards and the arches of rules (parts of such standards and the arches of rules) as a result of which application on an obligatory basis observance of requirements of the named Federal act is provided.

The technical regulations, corresponding standards and the arches of rules define characteristics of availability of buildings and constructions for invalids and other groups of the population with the limited traficabilities, power efficiency of buildings and constructions, and also safety of a building or a construction that assumes an estimation of properties of their building designs, the bases, materials, elements of networks and systems of technical maintenance from a position of safe level of influence of buildings and constructions, in t.ch on environment. Documents of technical regulation are not directed on an establishment of requirements to buildings, constructions regarding rational use of the earths and other natural resources at placing of objects of the real estate, their problem - to establish is minimum necessary obligatory requirements to buildings and constructions and the designing and building processes, providing safety of buildings, constructions and the processes connected with them (see ch. 6 items 3, ch. 2 items 6 FZ «Technical regulations about safety of buildings and constructions»). Safety of production (including buildings, constructions) and the processes of manufacture connected with it, operation, storage, transportation, realisation and recycling is defined as a condition at which there is no the inadmissible risk connected with injury of a life or health of citizens, to property physical or legal bodies, to the state or municipal property (item 2 FZ «On technical regulation»).

The subject of ecological examination of the design documentation in a corresponding part is wider. At carrying out of ecological examination the expert is not limited to the technical regulations containing in them by standard technical requirements. Article 1 FZ «About preservation of the environment» directly fixes, that check is carried out on conformity to the ecological requirements established by technical regulations and the legislation in the field of preservation of the environment, with a view of prevention of negative influence of such activity on environment. The legislation in the field of preservation of the environment consists of federal acts, other standard legal acts of the Russian Federation, laws and other standard legal acts of subjects of the Russian Federation (item 2 FZ from 10.01.2002 № 7-FZ «About preservation of the environment»). The major value is got by an estimation of existing legislative restrictions of the building connected, for example, with the location of planned object. The expert of the state ecological examination owing to item 16 FZ «About ecological examination» is obliged to carry out the all-round, full, objective and complex analysis of materials represented for the state ecological examination taking into account the advanced achievements of a domestic and foreign science and technics, to define their conformity to standard legal acts of the Russian Federation and subjects of the Russian Federation in the field of preservation of the environment, normative and technical documents.

M.M.Brinchuk allocates two groups of ecological requirements to which there should correspond planned activity: these are requirements on preservation of the environment from harmful chemical, physical and biological influences and to maintenance of rational use of the natural resources, developed as a science, including ecological, and practice, and developments of the nature following from laws, and also those requirements which contain in the current legislation in the field of preservation of the environment and wildlife management. Thus experts participate in examination - representatives of a science and the experts possessing knowledge such требований1, as a rule.

At carrying out of ecological examination there is deeper analysis and an estimation of all requirements in sphere of preservation of the environment and wildlife management and taking into account it is definition of an admissibility of realisation of object of ecological examination. Moreover, in the legal literature it is noticed, that the subject of ecological examination is much wider, than it follows from its name, as in the course of its carrying out should be considered as well others (first of all - social) consequences of realisation of object of the ecological examination, connected with adverse influences on environment [510 [511] [512].

Difference of ecological and town-planning examination follows and from the comparative analysis of norms about examination of the so-called typical design documentation or updating of such design documentation which is not mentioning constructive and other characteristics of reliability and safety of objects of capital construction. On the basis ch. 2 items 49 GrK the Russian Federation town-planning examination of such documentation are not spent. At carrying out of town-planning examination safety of object of capital construction, its characteristics of irrespectively obligatory ecological requirements is estimated,

Providing rational use involved in process of building of object of natural resources. The last are defined with the account including sites of the future object of capital construction. At the same time one of the major positions of ecological examination is the principle of integrated approach of an estimation of influence on environment of economic and other activity and its consequences that assumes an all-round estimation of possible kinds and scales of influences on environment at building and object operation. From here owing to item 5 of item 18 FZ «About ecological examination» the positive conclusion of the state ecological examination loses a validity in case of change of conditions of wildlife management by federal enforcement authority in the field of preservation of the environment, and also modification of design and other documentation after reception of the positive conclusion of the state ecological examination.

Definition also testifies to presence of distinctions in a subject of ecological and town-planning examination of the design documentation in the legislation of cases when carrying out of both examinations is required, for example, the design documentation of objects, the building, which reconstruction is supposed to be carried out in the exclusive economic area of the Russian Federation [513].

Among directions of activity of experts in the field of town-planning examination of design examination preservation of the environment but that the physical person has been certified on the right of preparation of judgements of the design documentation is allocated, it is enough to possess necessary knowledge in the field of the legislation of the Russian Federation on town-planning activity and the legislation of the Russian Federation on technical regulation in a part concerning accordingly of performance of designing, building or operation of objects (ch. 1 items 49.1 GrK the Russian Federation). The applicant can be certified for 16 kinds of directions of activity in the field of examination of the design documentation, and preservation of the environment (and also sanitarnoepidemiologicheskaja safety) is called only among these kinds, and presence suffices for accreditation of the legal person on the carrying out right negosudarstvennoj in a place of the basic work of five workers having certification on the right of preparation of judgements of the design documentation (irrespective of a direction of their activity) the design documentation. At a choice of experts the legal body, more likely, will be focused on reception of the experts possessing the certificate on carrying out of examination of the design documentation regarding space-planning, architectural and constructive decisions, planirovochnoj the organisations of the ground area, the building organisation, in a part teplogazosnabzhenija, water supply, water removal, the water drain, ventilation, etc. At such general approach of the legislator to an establishment of the requirements shown to persons, the allocated right to carry out town-planning examination of the design documentation, it is possible to establish objectively insufficient competence and not sistemnost their knowledge in the field of preservation of the environment.

At carrying out of the state ecological examination experts are involved on each concrete object of the state ecological examination, and the expert is the expert possessing scientific and (or) practical knowledge on a case in point and involved in carrying out of the state ecological examination in corresponding directions of a science, technicians, technology (item 15, 16 FZ «About ecological examination»). That fact is important, that ecological examination is spent by public authorities. At ecologically adverse conditions which have developed in Russia [514], it is wrong to be eliminated to the state from an estimation of conformity of the design documentation to ecological requirements.

Accordingly, within the limits of the state ecological examination the expert (commission of experts) is obliged to estimate and define comprehensively conformity of planned activity not only to positions of technical regulations, but also the requirements established by standard legal acts of the Russian Federation and its subjects concerning preservation of the environment; to reveal scale of predicted influence on environment as a result of realisation of planned activity, sufficiency of the provided measures on maintenance of ecological safety and preservation of natural potential.

Difference of ecological and town-planning examination also consists that according to item 3 FZ «About ecological examination» ecological examination is based on a principle of publicity, participations of public organisations (associations), the public opinion account. The constitutional Court of the Russian Federation recognised as the basic intrinsic sign of the ecological examination distinguishing it from other forms of examinations, participation of public organisations at its carrying out and the public opinion account. For example, the structure of a commission of experts of the state ecological examination without fail joins non-staff experts - scientists and experts of various areas of a science, each of which is the expert in narrow sphere. Obligatory participation of community leaders at carrying out of ecological examination is a special case of direct participation of citizens in a state administrative office, the right on which is guaranteed by the Constitution of the Russian Federation (ch. 1 items 32) [515].

Legislatively fixed possibility of carrying out of public ecological examination which is the important mechanism of maintenance of participation of the public in acceptance of ecologically significant decisions, is connected with realisation of the right of citizens on favorable environment. In connection with change of the legislation regarding examination of the design documentation public ecological examination can be spent only concerning the design documentation of insignificant quantity of objects that reduces its value in prevention of ecological infringements, nature degradation. Participation of public organisations and protection of ecological interests of citizens at a stage of an estimation of conformity of other design documentation to ecological requirements are possible with use only the general legal means and the ways fixed, for example, in item 11, 12 FZ «About preservation of the environment».

So, examination of the design documentation (town-planning examination) is directed on maintenance of safety of a building planned to erection, the constructions which requirements are formulated in technical regulations. Appointment of ecological examination - to estimate object not only from a position of its safety for environment, but also rational use of natural resources on the basis of the ecological requirements fixed in technical regulations and in the legislation on preservation of the environment.

Ecological examination is the most effective and specific tool of maintenance of rational wildlife management and preservation of the environment at an estimation of the design documentation. For years of action FZ «About ecological examination» ecological examination was showed as the effective mechanism of maintenance of ecological requirements in building sphere. The exception of the design documentation (as the general rule) from the list of objects of ecological examination attracts also easing of a role of activity of public organisations in maintenance of the ecological rights of citizens, in the prevention of degradation of the nature.

The town-planning examination having the problems, object of research objectively cannot provide an all-round estimation of the design documentation regarding conformity to its ecological requirements. Labour collective accredited on carrying out negosudarstvennoj the design

Documentation of legal bodies the person - the nature and knowledge of the legislation of preservation of the environment includes experts in separate directions of the activity, not always possessing special knowledge about mutual relations.

Public interests in safety of the nature in interests of the present and the future generations and in maintenance with the state of a base constitutional law everyone on favorable environment predetermine restoration of the state ecological examination for the design documentation of certain buildings, constructions. For stability and predictability of mutual relations the state - the builder, possibilities of a tentative estimation of investment appeal of the building project, garantirovannosti interests of the persons, planning to carry out building of the earths, the list of the objects which design documentation comes under to the state ecological examination, should be closed. As it was marked, since January, 1st, 2018 this list will be expanded at the expense of the design documentation of objects of the capital construction concerning according to the legislation in the field of preservation of the environment to objects of I category. About necessity of the differentiated approach to regulation in sphere of the preservation of the environment, providing division (kategorirovanie) objects of negative influence on environment on groups on influence degree, for a long time it is discussed in the legal literature, and also it was marked by the President of the Russian Federation and the Government of the Russian Federation [516].

Criteria on which basis reference of the objects having negative influence on environment (I is carried out - IV categories), are established by the Government of the Russian Federation. Assignment to object of a corresponding category will be carried out at its statement on the state account of the objects having negative influence on environment. As it is represented, by working out of corresponding criteria it is necessary to consider opinion not only ecologists, but also designers, builders, and also to provide harmonisation of the ecological and town-planning legislation, including to consider existing classification of buildings, constructions depending on a level of responsibility (raised, normal, lowered). Bases of such division of objects of capital construction are put in pawn GrK the Russian Federation and developed in FZ «Technical regulations about safety of buildings and constructions».

Inclusion of a building, construction in the list of the raised or normal level of responsibility testifies to a recognition the state (taking into account opinion of builders, designers) its potential considerable danger at destruction for a life and health of citizens, property physical, legal bodies, public formations, environment, a life and health of animals and plants. According to item 1 FZ «Technical regulations about safety of buildings and constructions» the level of responsibility is a characteristic of a building or a construction, defined according to volume of economic, social and ecological consequences of its destruction. At the same time separate kinds of buildings, constructions of a normal level of responsibility, according to the expert community which have found fastening in norms of the legislation on town-planning activity, do not represent the person

Dangers, including to environment. It is a question of objects for which examination of the design documentation is not required (ch. 2, 2.1 items 49 GrK the Russian Federation) 1, and objects for which building licence delivery is not required (ch. 17 items 51 GrK the Russian Federation).

Accordingly, concerning the design documentation of such objects the state ecological examination should not be spent.

With a view of perfection of the mechanism of realisation of the state ecological examination it is offered to result the list of the objects which are coming under to given examination, according to the international certificates [517 [518]: the Convention on an influence estimation on environment in a transboundary context (Espoo, 25.02.1991) [519] and the Convention on access to the information, participation of the public in decision-making process and the admission to justice on the questions, concerning environment (Arhus, 25.06.1998) [520]. Taking into account existing intentions of Russia on expansion of the international ecological cooperation the stated offer is fair. In the named conventions the list of kinds of activity which can have considerable harmful influence contains. Separate kinds of the objects specified in the international certificates, in a certain part coincide with the objects of the raised level of responsibility defined by the legislation on town-planning activity (objects of use of the atomic energy, separate

Thermal power stations and others).

Complexity in the coordination of norms consists in the different approaches which have been put in pawn in named above standard legal acts. The convention of Espoo and the Orhussky convention are based on the general idea about potential danger of certain kinds of activity, thus the list of such kinds containing in concepts, completely does not coincide. Proceeding from norm of item 4.2 FZ «About preservation of the environment» criteria of reference of the objects having negative influence on environment which will be established by the Government of the Russian Federation, also should be based on character of activity, including by definition of branch, a branch or manufacture part which this activity concerns. Accordingly, the coordination of the Russian national legislation with norms of the named conventions [521] is possible by working out and acceptance of the standard legal act by the Government of the Russian Federation by definition of criteria of reference of objects to I - to IV class of ecological danger.

At the same time in itself building of buildings and constructions does not concern ecologically dangerous activity (if it not creation of buildings and the constructions which design documentation is specified in item 11, 12 FZ «About ecological examination»). The planned functional purpose of buildings, constructions is defining for an object recognition ecologically dangerous (including proceeding from the named conventions). Here there is a question on a parity of ecologically dangerous object and a building, a construction of a certain level of responsibility. Buildings and constructions of the raised level of responsibility are buildings and the constructions which are expecially dangerous, technically difficult or unique objects (item 4 FZ «Technical regulations about safety of buildings and constructions»). The organisation and carrying out of state expert appraisal of the design documentation of expecially dangerous, technically difficult, unique objects and the state building supervision of their building - power of public authority of the Russian Federation (podp. 5.1ч. 1 items 6, ch. 3 items 53 GrK the Russian Federation). Proceeding from item 48.1 GrK where the list of such objects contains, it is possible to allocate two groups of buildings and constructions of the raised level of responsibility which are carried: to expecially dangerous and technically difficult in connection with their use (including and potential) for definite purposes (i.e. at the heart of allocation of objects - the certain kind of activity which are carried out through operation of buildings and constructions) [522]; to unique objects owing to special characteristics of a designed building or a construction.

Taking into account noted approach which has been put in pawn in FZ «About preservation of the environment», it is possible to assume with the big share of probability, that many of the first group of buildings and constructions of the raised level of responsibility will get to the list of I class of ecological danger at conformity to the criteria defined by the Government of the Russian Federation. As at the heart of allocation of unique objects not their mission, and the certain characteristic of a building or a construction unique objects (buildings, constructions) cannot be covered criteria which should be developed to the Government of the Russian Federation, accordingly - to be a subject of the state ecological examination. Meanwhile buildings are carried to unique objects or constructions in height more than 100 metres, for example; having flights more than 100 metres or zaglublenie an underground part more low planirovochnoj marks of the earth more than on 15 metres. Such objects are characterised by considerable influence on environment components, their destruction can entail the big ecological harm. As it is represented, the design documentation proving building, reconstruction of unique object irrespective of a place of their creation, should pass check on conformity to ecological requirements both technical regulations, and the legislation in the field of preservation of the environment for

Prevention of negative influence of such activity on environment.

The design documentation of expecially dangerous, technically difficult and unique objects as the objects representing at its destruction raised danger of causing including negative ecological последствий1, should be included in the list of objects of the state ecological examination of federal level. Expecially dangerous and technically difficult objects taking into account positions of the convention of Espoo and the Orhussky convention can be carried to objects of I class of ecological danger the Government of the Russian Federation at a formulation of criteria to which ecologically dangerous objects answer. The design documentation of unique objects owing to specificity of their allocation irrespective of a site, reconstruction should constitute independent object of the state ecological examination of federal level.

It is necessary to underline, that reduction of administrative procedures and economic activities liberalisation - desirable for improvement of investment appeal of civil-engineering designs the step, but such step should be reasonable, scientifically proved, ekologovzveshennym and practically applicable. Offers containing in the present paragraph regarding formation of objects of the state ecological examination are directed on maintenance of equation public and private interests, harmonisation of the ecological legislation and the legislation on town-planning activity in sphere of legal regulation of examination of the design documentation. Realisation of these offers will promote ekologizatsii to building branch of Russia.

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A source: Boltanova Elena Sergeevna. EKOLOGO-LEGAL BASES of REGULATION of BUILDING of the EARTHS BUILDINGS And CONSTRUCTIONS In Russia. The dissertation on competition of a scientific degree of the doctor of juridical science Tomsk -. 2014

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