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§ 1.1. A procurator's supervision subject behind execution of the legislation on production wastes and consumption

the Subject, as well as limits, are the basic beginnings for explanation of an essence of any branch (podotrasli or its separate direction) procurator's supervision. As has fairly noticed A.H.Kazarina, definition of a subject of procurator's supervision - rod, carrying out a support role in a design of procurator's supervision a question [19] .

It was actively developed even in works of the Soviet scientists [20] .

In the modern doctrine of procurator's supervision on concept of a subject of supervision there are various points of view. So, according to professor V.P.Ryabtsev, a procurator's supervision subject in a general view is the condition of observance of the Constitution of the Russian Federation and execution of the laws operating in territory of the Russian Federation, the rights and freedom of the person and the citizen, legality of the legal acts accepted by bodies and officials on which the supervising competence of public prosecutors extends. Depending on a field of activity and legal relations arising thus including with participation of public prosecutors, the supervision subject is even more detailed [21] .

Thus V.P.Ryabtsev notices, that in the standard generalised form the subject of supervision of execution of laws is defined in the Law on Office of Public Prosecutor (item 21). It consists of two interconnected, but accurately divided aspects. The first of them consists that a subject of this kind of supervision is observance of the Constitution of the Russian Federation and execution of the laws operating in territory of the Russian Federation. A supervision subject is legality in activity of bodies and the officials constituting a certain circle pravoprimenitelej. The federal ministries, services, agencies and other federal enforcement authorities are carried to them, representative (legislative) and executive powers of the government of subjects of the Russian Federation, local governments, bodies of military management and heads of the commercial and noncommercial organisations [22] .

Independent aspect of a subject of this kind of procurator's supervision behind execution of laws is conformity to laws of the legal acts published by named bodies and officials [23] .

Other criterion, or in parametre, according to V.P.Ryabtsev a subject and procurator's supervision limits, the circle and hierarchy of laws is characterising, behind execution by which (observance) procurator's supervision [24] is carried out. The specified author carries the Constitution of the Russian Federation, federal constitutional and other federal acts, constitutions and charters (organic laws), other laws of subjects of Federation to them, dogovory between Federation and its subjects, corresponding Constitutions of the Russian Federation, to constitutions (charters) of subjects of Federation; the conventional principles and norms of international law and international treaties of the Russian Federation [25] .

As a whole, a similar position A.H.Kazarina occupies, specifying, that a procurator's supervision subject is legality of actions and legal acts of the authorised bodies and persons [26] . Legality - the difficult social phenomenon depending on purposeful activity of the state, institutes of a civil society, from implanted in consciousness of citizens of a habit to for - konoposlushaniju [27] .

Thus, according to A.H. Kazarinoj, «definition of a subject of procurator's supervision through a prism of a condition of legality is incorrect from the methodological point of view, and kontrproduktivno - with practical. Legality is a resultant activity states all bodies, societies as a whole where procurator's supervision posesses far not leading place. The rigid binding of productivity of supervising actions to a legality condition generates the overestimated expectations of the public and pushes public prosecutors on performance of unusual functions» [28] .

Proving the conclusion about concept of a subject of procurator's supervision, A.H.Kazarina underlines, that subject definition only through legality of actions and certificates furnishes the clue to allocation of specific state activity in the form of procurator's supervision, allows to define more precisely its limits and to estimate performance of functional duties of the public prosecutor, i.e. The real contribution of Office of Public Prosecutor to a common cause of consolidation of legality [29] .

Feature of a sight of A.H.Kazarinoj about procurator's supervision is introduction in a science of procurator's supervision of the term "kvazizakony", to which it carries the subordinate legislation standard legal acts equal on a validity to the law (standard decrees of the President of the Russian Federation, international legal dogovory and gosudarstvennopravovye dogovory about differentiation of terms of reference under the joint competence of the Russian Federation and its subjects) [30] .

As M.S.Shalumov writes, «a supervision subject on each direction is execution of certain group of the laws regulating rather isolated spheres of public relations, corresponding groups of bodies. As to conformity to the law of legal acts published by them, observance of the rights by them and freedom of the person and the citizen, observance of this or that order, legality of actions or decisions speech, in essence, in all listed cases goes, besides, about execution of requirements of laws. » [31] .

Execution of laws as the procurator's supervision subject also defines V.V. Gavrilov [32] .

N.N.carp notices, that, according to article 21 of the Law about Office of Public Prosecutor, a procurator's supervision subject behind execution of laws - observance of the Constitution of the Russian Federation and execution of the laws operating in territory of the Russian Federation, the federal ministries and other federal enforcement authorities, representative (legislative) and executive powers of the government of subjects of Federation, local governments, bodies of military management, control bodies, their officials, and also controls and heads of the commercial and noncommercial organisations, and also supervision of conformity to laws of the legal acts published by specified bodies and their officials [33] . On the substance of N.N. Carps according to the Law on Office of Public Prosecutor the procurator's supervision subject through patrimonial categories "observance" (with reference to

defines Constitutions of the Russian Federation), "execution" (with reference to other laws) and "conformity" (with reference to legal acts), not using thus a category "legality".

In the maintenance of a subject of activity of the public prosecutor on supervision of execution of laws and legality of legal acts it includes also positions about realisation by the public prosecutor of supervision of execution accepted as advancing normotvorchestva standard decrees of the President of the Russian Federation, considering special public importance of decrees published by the head of the state on socially significant questions [34] .

K.F. Starlings execution also suggests to include in a subject of procurator's supervision not only laws, but also decrees of the President of the Russian Federation obshchenormativnogo character, having made corresponding addition in Constitutions of the Russian Federation [35] .

According to E.R.Ergasheva a procurator's supervision subject is specific activity of organs of the Prosecutor's Office of the Russian Federation, directed on execution by persons under surveillance by subjects of a certain kind of the legislation [36] .

M.B.Smolensky and I.A. Tenants as a procurator's supervision subject (as kind of the state activity) understand sphere of public relations on which regulation activity of the public prosecutor [37] is directed.

It is represented, that the named definition is not quite successfully designed from the point of view of use of the term "regulation" with reference to public relations. From the general theory of law follows, what exactly it, along with others social, and also technical norms, is a regulator of public relations [38] . Public prosecutor's supervision (as activity) is directed, first of all, on reduction of public relations to conformity with the law (in law frameworks), and to a lesser degree - on their regulation.

acknowledgement to this thesis can be found both in standard documents, and in the literature. In particular, owing to item 13 of the order of the Prosecutor General of the Russian Federation from 07.12.2007 ¹ 195 «About the procurator's supervision organisation behind execution of laws, observance of the rights and freedom of the person and the citizen» reaction certificates should be directed not on destruction of existing legal relations, and on their updating and reduction to conformity with the current legislation [39] . In doktrinalnyh sources the Office of Public Prosecutor is characterised as an advanced post of supervision of a society behind constitutionality of public relations [40] .

Thereupon from a position of definition of a subject of procurator's supervision through patrimonial concept «public relations» more comprehensible the definition formulated by B.V.Korobejnikovym is represented: the procurator's supervision subject is understood as that, on what the given activity of organs of the Prosecutor's Office, namely, sphere of the public relations regulated by the Constitution of the Russian Federation and operating on territory of Russia by laws is directed. This sphere of public relations in considered aspect is characterised by observance and execution of the Constitution of the Russian Federation and laws, as is a procurator's supervision subject [41] .

As sphere of public relations, on supervision of which legality activity of Office of Public Prosecutor is directed, the procurator's supervision subject is defined also by other researchers [42] .

the Analysis of the stated shows, that in the legal literature there is a variety of the points of view on concept of a subject of procurator's supervision that testifies to an urgency of a question of research of scientists.

thus conclusive there is a fact of that a subject of supervision of execution of laws on sense of item 1 of item 21 of the Law on Office of Public Prosecutor [43] are observance of the Constitution of the Russian Federation, execution of the laws operating in territory of the Russian Federation, objects of procurator's supervision (including officials), and also conformity to laws of legal acts published by them.

These elements of a subject of supervision will be investigated by us in a procurator's supervision cut behind execution of the legislation on production wastes and consumption, as component of branch of procurator's supervision behind execution of laws.

the constitution of the Russian Federation [44] fixes the common right on favorable environment, a trustworthy information about its condition and on compensation of the damage caused to its health or property by an ecological offence (item 42).

Favorable environment is defined in item 1 of the Federal act from 10.01.2002 ¹ 7-FZ «About preservation of the environment» [45] as the environment which quality provides steady functioning of natural ecological systems, natural and prirodno-anthropogenous objects.

Thus, according to experts in the ecological right, the right to favorable environment is the subjective basic right in the field of preservation of the environment. Other ecological rights and duties urged to promote its realisation [46] .

As has truly noticed A.J.Vinokurov, the right to favorable environment, inherently, is the natural death of the person belonging to it from a birth.... Appropriate realisation of the granted right actually does not depend on the person, and directly is connected with financial, material, organizational and other possibilities of bodies of public authority to provide a condition of environment favorable for the person [47] . He also underlines, that the right to favorable environment close under the maintenance to the right to life. It is connected by that right to life realisation assumes also realisation of the right to preservation and improvement of quality of a surrounding environment, i.e. its improvement [48] .

the legislator shows the Analysis of the federal legislation on preservation of the environment and wildlife management, that, regulating public relations in the given area, isolates them, for example, on environment components (atmospheric air, bowels, waters, fauna and so forth) On natural complexes (especially protected natural territories), on various questions of preservation of the environment etc.

Thus the right to favorable environment extends on separate components of an environment, their set, natural complexes, various aspects of preservation of the environment, activity of the person, including the reference with production wastes and consumption.

thereupon, the activity connected with formation of a waste, and also under the reference with them, namely activity on gathering, accumulation, use, neutralisation, transportation, placing of a waste, should be carried out with observance konstitutsionno the guaranteed common right on favorable environment.

Meanwhile in the literature the situation which has developed in the country in a sphere of education, uses, neutralisations is noticed, that, storages and burial places of a waste leads to dangerous environmental contamination, irrational use of natural resources, a considerable economic damage and represents real threat to health of modern and future generations of the country [49] .

the Ministry of natural resources and ecology of the Russian Federation also underlines: « How in the country the waste management now is carried out, has considerable long-term consequences for health of the population, economy and environment » [50] .

Thereupon, realisation by organs of the Prosecutor's Office of remedial supervising powers concerning the right of citizens to favorable environment in a cut of problems of pollution of last a waste is extremely important.

in protection of the named right"claim"the public prosecutor's arsenal in most cases is applied. So, in Industrial area of of Perm the industrial platform of Open Company« LUKOIL - Permnefteorgsin - tez »under which as a result of enterprise activity the space from a liquid mix of a waste of hydrocarbons of benzinovo-diesel structure was generated is located.

Under the influence of an atmospheric precipitation level of subsoil waters and the named waste repeatedly raised were squeezed out on a terrestrial surface, fouling soil and water object that has threatened the right of townsmen to favorable environment.

in protection of the named right of citizens by the Perm interdistrict nature protection Office of Public Prosecutor in court the claim to Open Company «LUKOIL - Perm - nefteorgsintez» with requirements to take measures on bar of claim by lapse of time of the further environmental contamination by a petrocontaining liquid has been made.

the claim of the public prosecutor in August, 2014 has been satisfied, the decree has entered validity [51] .

the Khabarovsk interdistrict nature protection public prosecutor also in connection with the revealed infringement of the item 42 Constitutions of the Russian Federation the claim to administration of rural settlement "Village Ilyinka" of the Khabarovsk municipal area of Khabarovsk territory about duty putting on is made to eliminate current legislation infringements - to organise gathering and export of not authorised dump of a household waste by the area 100 sq. m on the ground area located in 100 m in a southeast direction from a complex on neutralisation of production wastes and consumption.

claims of the public prosecutor in October, 2015 court udovletvo - reny [52] .

Thus, it is necessary to establish, that organs of the Prosecutor's Office carry out supervision of observance of the Constitution of the Russian Federation regarding maintenance, including public formations, the rights of citizens to favorable environment in sphere of the reference with production wastes and consumption. According to one of elements of a subject of procurator's supervision behind execution of the legislation on a waste proizvodstva and consumption observance of the Constitution of the Russian Federation is.

as other element of a subject of considered supervision it is necessary to name execution of laws in sphere of the reference with production wastes and consumption.

one of features of legislative base in the named sphere are its two-level structure. According to the item « d »ch. 1 items 72 of the Constitution of the Russian Federation [53] preservation of the environment and maintenance of ecological safety are in joint conducting the Russian Federation and its subjects.

accordingly organs of the Prosecutor's Office carry out supervision of execution as the federal acts regulating questions of the reference with a waste, and regional laws (for example, the Law of of Moscow from 30.11.2005 ¹ 68« About production wastes and consumption in the city of Moscow » [54] , the Law of St.-Petersburg from 06.05.2008 ¹ 254-41« About differentiation of powers of public authorities of St.-Petersburg in the field of the reference with production wastes and consumption in St.-Petersburg » [55] , the Law of Republic Bashkortostan from 30.11.1998 ¹ 195-z« About production wastes and consumption » [56] ).

Other feature is that rules of law about a waste contain not only in the special law, but also in the majority of certificates of the ecological legislation, and also in the sanitary legislation.

to laws in sphere of the reference with production wastes and consumption it is necessary to carry the following standard legal acts containing the rules of law, and the laws establishing a liability of infringement of such norms:

- the Federal act from 10.01.2002 ¹ 7-FZ «About preservation of the environment» [57] is the base law regulating ecological relations, on M.M.Brinchuka's expression, «the head certificate of the ecological legislation» [58] . The named law establishes the general concepts of sphere of preservation of the environment, its basic principles, powers of public authorities and local government, the right and a duty of citizens and the organisations, bases of rationing, the requirement to economic activities realisation, including requirements to the reference with production wastes and consumption, features of compensation of the harm caused to environment, etc.

In particular according to item 51 of the named law [59] production wastes and consumption come under to gathering, accumulation, recycling, neutralisation, transportation, storage and a burial place, conditions and which ways should be safe for environment and are regulated by the legislation of the Russian Federation.

the law also contains important for prirodopolzovatelej, and, accordingly, and for bodies of the state control (supervision), public prosecutors of norm about an interdiction:

dump of production wastes and consumption, including a radioactive waste, in superficial and underground water objects, on the water modular areas, in bowels and on soil;

placings of a dangerous waste and a radioactive waste in the territories adjoining to city and rural settlements, in forest-park, resort, medical-improving, recreational zones, on ways of migration of animals, near to spawning areas and in other places in which danger to environment, natural ecological systems and health of the person can be created;

burial places of a dangerous waste and a radioactive waste on the water modular areas of the underground water objects used as sources of water supply, in the balneal purposes, for extraction of valuable mineral resources;

import of a dangerous waste and a radioactive waste to the Russian Federation with a view of their burial place and neutralisation etc.

- the Federal act from 24.06.1998 ¹ 89-FZ «About production wastes and consumption» [60] , according to a preamble, defines legal bases of the reference with production wastes and consumption with a view of prevention of harmful influence of production wastes and consumption on health of the person and environment, and also involving of such waste in economic circulation as additional sources of raw materials.

the Law establishes the basic concepts of sphere of adjustable legal relations, positions about the property right to production wastes and consumption, classification of a dangerous waste, powers of the Russian Federation, subjects of the Russian Federation and local governments in the field of the reference with a waste, requirements to the reference with a waste, rules of rationing, the account and the reporting, principles of economic regulation in the field of the reference with a waste, contains norms about the state supervision in sphere of the reference with a waste, industrial and public control, etc.

Meanwhile in the literature critical remarks to the specified law express; it is underlined, that accepted more 15 years ago, it has initially been calculated on unfairly wide area pravoprimenenija as extended the action to all kinds of a waste, including household, radioactive, chemical and so forth Certainly, such "universality" of the law did not promote realisation of the purposes in full provided by the legislator and the problems, one of which was prevention of harmful influence of production wastes and consumption on health of the person and environment [61] .

It is necessary to notice, that during preparation of the present dissertational research in the Federal act «About production wastes and consumption» changes were repeatedly made. Last essential amendments are brought in it by the Federal act from 29.12.2014 ¹ 458-FZ [62] , the majority of them has become effective since January, 1st, 2016.

in particular, change has undergone kategorialnyj the device of the legislation on production wastes and consumption, including concept of a waste. Powers on the activity organisation on gathering (including to separate gathering), to transportation, processing, recyclings, from municipal level are transferred neutralisation and a burial place of a firm municipal waste to subjects of the Russian Federation, thus at local governments, depending on their level, remained powers on participation in the organisation of such activity.

in the literature it is noticed, that it as a result should improve a situation in considered sphere [63] . Dobretsov V. G and Kakitelashvili M. M. Also supporting the changes made in this part in the Federal act «About production wastes and consumption» in general specify, that the establishment in the federal act «About the general principles of the organisation of local government in the Russian Federation» powers of local governments in sphere of a waste is a rearrangement of responsibility for the decision on a sou -

ti the state problem from public authorities on local governments [64] .

the Law concretised requirements to working out and realisation of regional programs in the field of the reference with a waste, including with a firm municipal waste, has established regulation in the field of the reference with a waste from use of the goods, has entered institute of the regional operator under the reference with a firm municipal waste etc.

However, despite coming into force of the named changes since January, 1st, 2016, their realisation in practice is inconvenient as a number of subordinate legislation standard legal acts necessary for it is accepted by the Government of the Russian Federation only in the autumn of current year (for example, Rules of carrying out under the reference with a firm municipal waste [65] are approved by the authorised bodies of the executive authority of subjects of the Russian Federation of competitive selection of regional operators on September, 5th, 2016, and Rules of the reference with a firm municipal waste [66] , the Typical form of the contract on rendering of services in the reference with a firm municipal waste [67] - on November, 12th, 2016).

Thereupon in the present work of an expert of procurator's supervision behind execution of the specified norms of the Federal act «About production wastes and consumption» in details it is not analyzed.

Meanwhile named amendments will obviously introduce corrective amendments in the organisation and procurator's supervision realisation behind execution of the legislation on production wastes and consumption. The vector of realisation will a little be displaced by organs of the Prosecutor's Office of supervising powers towards Offices of Public Prosecutor of subjects of the Russian Federation as the legislator has assigned powers to regions on the activity organisation on gathering (including to separate gathering), to transportation, processing, recycling, neutralisation and a burial place of a firm municipal waste (Federal act item 6 «About production wastes and consumption») [68] .

In devices of Offices of Public Prosecutor of subjects of the Russian Federation it is necessary to establish constant monitoring of a condition of legality in activity of regional bodies of the state executive authority, representatives in sphere of the reference with production wastes and consumption. The steadfast public prosecutor's attention will be demanded to itself by completeness and timeliness of the control from the given bodies for regional operators under the reference with a firm municipal waste.

effective supervision of execution of laws by the last should be organised nature protection public prosecutors, and also public prosecutors of cities and areas. It is supposed, that regional operators will work in all territory of the concrete subject of the Russian Federation.

along with it the legislator supposes possibility when powers of local governments and public authorities of the subject of the Russian Federation in the field of the reference with a waste can be redistributed between them (Federal act item 8.1 «About production wastes and consumption» [69] , ch. 1.2 items 17 of the Federal act «About the general principles of the organisation of local government in the Russian Federation» [70] ). Such redistribution of powers is supposed for the term of not less term of appointment of legislative (representative) public authority of the subject of the Russian Federation.

thereupon powers of local governments on participation in the activity organisation on gathering (including to separate gathering),

to transportation, processing, recyclings, can be transferred neutralisation, a burial place of a firm municipal waste for realisation to regional level. For example, powers of local governments of municipal areas and city districts in sphere of recycling and processing household and industrial wastes in the Moscow area carry out the Government of area or the central executive powers of the government of the Moscow area authorised by it [71] .

- the Federal act from 04.05.2011 ¹ 99-FZ «About licensing of separate kinds of activity» [72] besides regulation actually licensing questions (the right and a duty of competitors of the licence, licensees and officials of licensing body, an order of licensing, the organisation and realisation of the licence control, an order of stay, renewal, cancellation of the licence and licence cancellation and so forth) Establishes, that activity on gathering, transportation, processing, recyclings, to neutralisation and placing of a waste I - IV classes of danger comes under to licensing.

it is necessary to notice, that till July, 1st, 2015 activity on neutralisation and placing of a waste was licensed only; and still earlier, till June, 25th, 2012, except neutralisation and placing licensing was come under also by gathering and use of a waste I - IV classes of danger. Thus, throughout last 4th years the concept of licensing of activity in sphere of the reference with a waste already underwent changes, and cardinal twice.

At the same time the Constitutional Court of the Russian Federation, resolving a question on constitutionality of this or that norm of the act, interpreting the Constitution of the Russian Federation, repeatedly specified in necessity of preservation of reasonable stability of legal regulation, inadmissibility of entering of any changes for operating system of the rules of law, appropriate warranting of a legal status of subjects of lasting legal relations [73] .

It is represented, that such «legislative zigzags» in the field of licensing not quite promote consolidation of legality and stability in considered public relations, and also realisation of the rights prirodopolzovatelej.

it is necessary to notice also, that owing to the item 5.1 Federal acts «About production wastes and consumption» [74] powers of federal enforcement authorities on activity licensing on gathering, transportation, processing, recycling, neutralisation, placing of a waste I - IV classes of danger can be transferred for realisation to enforcement authorities of subjects of the Russian Federation.

- the Federal act from 04.05.1999 ¹ 96-FZ «About protection of atmospheric air» [75] contains norms on regulation of emissions of harmful (fouling) substances at storage, a burial place, neutralisation and burning of production wastes and consumption (item 18, paragraph 9 ch. 1 items 30).

In particular, he establishes an interdiction for storage, a burial place and neutralisation in territories of the organisations and settlements of production wastes fouling atmospheric air and consumption, including evil-smelling substances, and also burning of such waste without the special installations provided by rules, approved by federal enforcement authority in the field of preservation of the environment.

thus legal bodies, production wastes and which consumption are sources of pollution of atmospheric air, are obliged to provide timely export of such waste on specialised places of their storage or a burial place, and also on other objects of economic or other activity using such waste as raw materials. Places of storage and burial place of production wastes fouling atmospheric air and consumption should be adjusted with territorial bodies of federal enforcement authority in the field of preservation of the environment.

- the Federal act from 23.11.1995 ¹ 174-FZ «About ecological examination» [76] establishes compulsion of the state ecological examination design the documentation of the objects used for placing and (or) neutralisation of a waste I - V classes of danger, including the design documentation on building, reconstruction of the objects used for neutralisation and (or) placing of a waste I - V classes of danger, and also projects of a conclusion from operation of the specified objects, rekultivatsii the earths broken at placing of a waste I - V classes of danger, and the earths used, but the waste not intended for placing I - V classes of danger. Thus such documentation concerns objects of the state ecological examination of federal level (item 11 item 7.2).

According to the Federal act «About production wastes and consumption» [77] , object of placing of a waste - specially equipped constructions intended for placing of a waste (range, shlamohranilishche, including shlamovyj a barn, hvostohranilishche, a sailing of rocks and another) and including objects of storage of a waste and objects of a burial place of a waste.

definition of a site of objects of placing of a waste is carried out on the basis of special (geological, hydrological and others) researches.

It is necessary to notice also, that the burial place of a waste is forbidden in borders of settlements, forest-park, resort, lechebnoozdorovitelnyh, recreational zones, and also water conservation zones, on the water modular areas of underground water objects which are used with a view of drinking and economic-household water supply.

- the Federal act from 30.03.1999 ¹ 52-FZ «About sanitarnoepidemiologicheskom well-being of the population» [78] besides the other formulates sanitary-and-epidemiologic requirements to gathering, accumulation, transportation, processing, recyclings, to neutralisation, placing of production wastes And consumption (item 22).

In particular it defines, that production wastes and consumption come under to gathering, accumulation, transportation, processing, recycling, neutralisation, placing, conditions and which ways should be safe for population and inhabitancy health and which should be carried out according to sanitary rules and other standard legal acts of the Russian Federation.

besides, in places centralised processings, recyclings, neutralisations, placings of production wastes and consumption the radiating control should be carried out.

- the Criminal code of the Russian Federation [79] (further UK the Russian Federation) establishes the criminal liability for infringement of rules of the reference of ecologically dangerous substances and a waste (item 247 UK the Russian Federation), pollution of waters (item 250 UK the Russian Federation), earth damage (item 254 UK the Russian Federation).

the Named structures of crimes are located in 26th head UK the Russian Federation «Ecological crimes», mainly on the design are material, provide approach of heavy consequences from the perfect act, in most cases expressed in injury to environment components.

so, manufacture of the forbidden kinds of a dangerous waste, transportation, storage, a burial place, use or other reference of radioactive, bacteriological, chemical substances and a waste with infringement of the established rules will be only in that case, to form the corpus delicti if they have created threat of causing of essential harm to health of the person or environment (ch. 1 items 247 UK the Russian Federation) or have entailed pollution, a poisoning or an environment pollution, injury to health of the person or mass  destruction of animals, and equally made in a zone of ecological disaster or in a zone of an extreme ecological situation (ch. 2 items 247 UK the Russian Federation).

Heavy (with the greatest possible punishment in the form of imprisonment for the term up to eight years) specified above act will be in case they have entailed on imprudence death of the person or mass disease of people (ch. 3 items 247 UK the Russian Federation).

Similarly the criminal liability comes for pollution (for example, production wastes and consumption), a contamination, an exhaustion of superficial or underground waters, sources of drinking water supply or other change of their natural properties, only in a case if these acts have entailed causing of essential harm to an animal or flora, fish stocks, wood or to agriculture (ch. 1 items 250 UK the Russian Federation).

For a poisoning, pollution or other damage of the earth by harmful products of economic or other activity owing to infringement of rules of the reference with fertilizers, growth factors of plants, jadohimikatami and other dangerous chemical or biological substances at their storage, use and transportation the criminal liability will come only in the event that they have entailed injury to health of the person or environment (ch. 1 items 254 UK the Russian Federation).

Named articles UK the Russian Federations also contain the qualified structures of crimes which are formed, for example, at injury to health of the person or his death.

- the Land code of the Russian Federation [80] contains the rules of law directed on protection of the earths from pollution by production wastes and consumption.

It obliges proprietors of the ground areas, land users, land owners and tenants of the ground areas to carry out actions for protection of the earths from pollution by production wastes and consumption (item 2 ch. 2 items 13), establish, that the ground areas fouled by a dangerous waste (item 12 ch are limited in a turn being in the state or municipal property. 5 items 27).

- the Code of the Russian Federation about administrative pravonarushe - nijah [81] establishes administrative responsibility for

non-observance of ecological and sanitary-and-epidemiologic requirements at the reference with production wastes and consumption (item 8.2 KoAP

the Russian Federation);

destruction of a fertile layer of earth, and equally I spoil the earths as a result of infringement of rules of the reference with pesticides and agrochemicals or others hazardous to health of people and environment substances and production wastes and consumption (ch. 2 items 8.6 KoAP the Russian Federation);

pollution of glaciers, snezhnikov or an ice cover of water objects or pollution of the water objects containing natural medical resources or carried to especially protected water objects, places of tourism, sports and mass rest, production wastes and consumption and (or) harmful substances, and is equal a burial place of harmful substances (materials) in water objects (ch. 5 items 8.13 KoAP the Russian Federation);

pollution of woods by sewage, chemical, radioactive and other harmful substances, production wastes and consumption and (or) other negative influence on woods (ch. 2 items 8.31 KoAP the Russian Federation).

- the Water code of the Russian Federation [82] formulates the basic requirements on protection of superficial water objects from their pollution by a waste. Establishes an interdiction on:

dump in water objects and a burial place in them of production wastes and consumption, including the vessels deduced from operation and other floating means (ch. 1 items 56 VK the Russian Federation);

pollution and a contamination of bogs production wastes and consumption, pollution by their mineral oil, jadohimikatami and other harmful substances (ch. 1 items 57 VK the Russian Federation);

placing of objects of placing of production wastes and consumption, skotomogilnikov on the water modular areas of underground water objects which are used or can be used for drinking and economic-household water supply (ch. 2 items 59 VK the Russian Federation);

placing in borders of water conservation zones of cemeteries, skotomogilnikov, objects of placing of production wastes and consumption, points of a burial place of a radioactive waste (item 2 ch. 15 items 65 VK the Russian Federation).

the Regional legislation in sphere of the reference with production wastes and consumption, as a rule, happens is presented by laws obshcheekologicheskoj to an orientation, containing norms about a waste (for example, the Law of the Perm edge from 03.09.2009 ¹ the 483-personal computer «About preservation of the environment of the Perm edge» [83] ), special laws (for example, the Law of the Moscow area from 08.11.2001 ¹ 171/2001-ÎÇ «About production wastes and consumption in the Moscow area» [84] ). Laws of subjects of the Russian Federation also can contain norms about a liability of infringement of standard legal acts about a waste (for example, from 11.06.2008 ¹ 1693-ODES «the Code of the Volgograd area about administrative responsibility» [85] provides item 8.14 of the Law of the Volgograd area administrative punishments for infringement of the order of the reference established by local governments with a household waste in territory of settlements).

It is necessary to notice, that, it agree ch. 5 items 76 of the Constitution of the Russian Federation [86] , laws of subjects of the Russian Federation cannot contradict the federal acts accepted in subjects of joint conducting of the Russian Federation and its subjects. Therefore regional laws concerning the reference with production wastes and consumption should not contradict the federal ecological legislation. Laws of subjects of the Russian Federation thereupon are, on the one hand, normative acts about conformity which public prosecutors check actions or certificates of persons under surveillance of objects, with another - come under to check on conformity to the federal legislation.

legality of legal acts as the element of a subject of procurator's supervision behind execution of the legislation on production wastes and consumption has the feature, consisting that many objects of procurator's supervision listed in the item 21 Federal acts «About Office of Public Prosecutor of the Russian Federation» [87] have the right to publish legal acts, including standard, in the named area.

so, among federal enforcement authorities the competence on standard legal regulation in sphere of preservation of the environment, including the questions, concerning references with production wastes and consumption allocates the Ministry of natural resources and ecology of Russia [88] . By it, for example, are approved Criteria of reference of a waste to I - to V classes of danger on degree of negative influence on environment [89] (further Criteria), the Order of working out and the statement of specifications of formation of a waste and limits on their placing [90] (further the Order), etc.

the Criteria Specified above are intended for individual businessmen and legal bodies in the course of which activity a waste is formed, and also Federal service on supervision in sphere of wildlife management and its territorial bodies. The ministry has established, that criteria of reference of a waste to I - to V classes of danger on degree of negative influence on environment are degree of danger of a withdrawal for environment, and also frequency rate of cultivation of a water extract from a withdrawal at which harmful influence on gidrobionty is absent.

criteria establish 5 degrees of harmful influence of a dangerous waste on surrounding environment which correspond to 5 classes of danger of a waste.

the Mentioned Order establishes requirements to preparation and representation of documents and materials for the statement of maximum permissible quantities of a waste of the concrete kind directed on placing in concrete objects of storage of a waste and objects of a burial place of a waste taking into account ecological conditions in territory on which such objects are located.

it is intended for individual businessmen and legal bodies, as a result of economic and which other activity a waste, except for individual businessmen and the legal bodies carried according to the legislation of the Russian Federation to subjects of small and average business, and for territorial bodies Rosprirodnadzora is formed.

Federal service on supervision in wildlife management sphere (Rospri - rodnadzor) and its territorial bodies have the right to publish legal acts pravoprimenitelnogo character, for example orders (decisions) on the statement of specifications of formation of a waste and limits on their placing, the conclusions of the state ecological examination of projects of ranges of a waste and pr [91] .

Public authorities of subjects of the Russian Federation as already it was specified above, is standard-legal regulation of sphere of the reference with a waste also has the right to carry out. Besides laws - certificates of bodies of the regional legislative (representative) power, enforcement authorities (the governments and the ministries of subjects of Federation, their departments, committees, etc.) Also accept legal acts. For example, the Government of the Tyumen area publishes the decision from 18.07.2008 ¹ 197-P «About an order of conducting a regional cadastre of a waste of the Tyumen area» [92] , the governmental order of the Perm edge ¹ 251 P [93] also approves from 02.11.2007 position on the named question.

the federal legislator has allocated also local governments with the edition right, including standard legal acts, in the field of the reference with a waste (ch. 1 items 2 of the Federal act «About production wastes and consumption» [94] , item 7 item, 14-16 Federal acts from 06.10.2003 ¹ 131-FZ «About the general principles of the organisation of local government in the Russian Federation» [95] ).

Local governments, according to the specified norms of the law, can be accepted:

- standard legal acts concerning participation in the activity organisation on gathering (including to separate gathering), to transportation, processing, recycling, neutralisation, a burial place of a firm municipal waste,

- rules of an external accomplishment and the territory maintenance in which norms about a waste can contain.

besides, to execute item 1.2 SanPiN 42-128-4690-88. Sanitary rules of the maintenance of territories of the occupied places, utv. 05.08.1988 ¹ 4690-88 [96] , local governments the General scheme of clearing of settlement is accepted by the main state health officer of the USSR.

it is necessary to underline, that legality of legal acts as the element of a subject of procurator's supervision behind execution of the legislation on production wastes and consumption gets the special importance in the conditions of entering into the Federal act «About production wastes and consumption» the essential changes which have become effective since January, 1st, 2016 [97] .

by Controls and heads of the commercial and noncommercial organisations legal acts in sphere of the reference with production wastes and consumption also can be accepted. For example, the organisations maintaining ranges of a firm household waste, develop instructions on reception of a household waste (item 2.3 Sanitary rules 2.1.7.1038 01 Hygienic requirements to the device and the maintenance of ranges for a firm household waste, utv. The decision of the Main state health officer of the Russian Federation from 30.05.2001 ¹ 16 [98] ).

Thus, the analysis of the resulted opinions of experts, standard legal acts and an empirical material allows to draw a conclusion that behind execution of the legislation on production wastes and consumption constitute a procurator's supervision subject: observance of the Constitution of the Russian Federation, execution of laws in sphere of the reference with production wastes and consumption, and also legality of legal acts of public authorities, local government, controls and heads of the commercial and noncommercial organisations specified in item 1 of item 21 of the Federal act «About Office of Public Prosecutor of the Russian Federation» [99] .

Considering a question on a procurator's supervision subject behind execution of the legislation on a waste, it is necessary to stop on the concept of production wastes and consumption. On Russian explanatory dictionary «a withdrawal - the rests of manufacture or any used products, unnecessary or suitable for other purposes [100] ». The dictionary of Russian of S.I.Ozhegova contains two concepts: « Withdrawal - the rests of manufacture usually suitable for use, processing [101] "and" garbage - the unusable rests something [102] ».

According to item 2 of the Basel convention on the control over transboundary transportation of a dangerous waste and their removal [103] "waste"represents substances or subjects which leave, are intended for removal or comes under to removal according to positions of the national legislation.

until recently in the Russian national legislation production wastes and consumption were defined as the rests of raw materials, materials, half-finished products, other products or products which were formed in the course of manufacture or consumption, and also the goods (production) which has lost the consumer properties (Federal act item 1« About production wastes and consumption » [104] in edition till 29.12.2014).

It is represented, that the named legal definition did not consider all cases of formation of a waste. So, for example, when the person "throws out" normally functioning, but, according to this person, the obsolete TV, last, certainly, will be a withdrawal. However the named definition of a withdrawal, such TV "was not built in", as is the goods which have lost the consumer properties only for concrete specified above person. Actually this TV can be used for the designated purpose.

from 29.12.2014 ¹ 458-FZ [105] definition of production wastes and consumption is brought by the federal act into accord with norms of international law. The legislator has left from use of terms «subjects which were formed in the course of manufacture or consumption, and also lost the consumer properties» and has formulated a waste as substances or subjects which are formed in the course of manufacture, performance of works, rendering uslug or in the course of consumption which leave, are intended for removal or come under to removal according to the present Federal act.

meanwhile, despite the made changes, in kategorialnom the Federal act device «About production wastes and consumption» there was some innuendo influencing its application. In particular the definition of production wastes resulted above and consumption uses concept of removal (for example, substances and subjects leave, come under to removal, etc.) . However the law has not formulated concept of removal. Whether

thereupon in practice probably occurrence of questions those or other manipulations with a waste their removal are, those or other substances and subjects come under to removal or not and, accordingly, is executed or not the law. Specified it is obviously important and for procurator's supervision in the named sphere.

It is reversible to the international legal sources regulating the relations in sphere of a waste. So according to already mentioned Basel convention on the control over transboundary transportation of a dangerous waste and their removal [106] "removal" means any operation defined in the appendix IV to the present Convention. The named appendix contains two kinds of operation: which do not lead or recyclings, to direct repeated or alternative use can lead possible rekuperatsii, retsirkuljatsii.

To the first kind concern, in particular, a burial place in the earth or dump on the earth (for example, on a dump etc.), soil processing (for example, biochemical decomposition of a liquid or oozy waste in soil etc.), injection on the big depth (for example, injection of a waste of a corresponding consistence in chinks, hydrochloric domes or natural tanks etc.) Dump in superficial reservoirs etc.

To the second - use in the form of fuel (except direct burning) or otherwise for energy reception, recycling/restoration of solvents, retsirkuljatsija/recycling of the organic substances which are not used in the form of solvents, Retsirkuljatsija/recycling of metals and their connections etc.

Owing to item 3 of the Instruction of the European Parliament and Council of the European Union 2008/98/CE from November, 19th, 2008 «About a waste and about cancellation of some instructions» [107] under removal is understood any operation which is not use even if operation has as a secondary consequence rekuperatsiju substances or energy. The appendix I to the Instruction contains not exhaustive list of operations on removal. They are similar to the operations established by the Basel convention, for example, dump in or on the earth (for example, a dump), soil processing, deep injections, dump in superficial reservoirs, etc. Unlike the specified convention, such operations as use as fuel or other means for energy reception, processing or recycling of organic substances which are not used as solvents (including kompostirovanie and other processes of biological transformation), repeated processing or recycling of metals and their connections, etc. are carried by the Instruction to operations on use of a waste.

thus, the international law, defining concept of waste disposal, goes on a way of formation of the list of the operations concerning removal.

in the Russian right definition of a waste is formulated at level of state standards. In particular, GOST 30772-2001. The interstate standard. Resursosberezhenie. The reference with a waste. Terms and definitions are contained by definition of removal of dangerous or other waste which is understood as gathering, sorting, transportation and processing of dangerous or other waste with destruction and-or a burial place in their way of special storage (item 6.32) [108] .

In GOST R 53692-2009. The national standard of the Russian Federation. Resursosberezhenie. The reference with a waste. Stages of a work cycle of a waste waste disposal is defined as last stage of a work cycle of a waste on which make decomposition, destruction and-or a burial place of waste I-IV of classes of danger with maintenance of protection of environment (item 3.1.26) [109] .

the Analysis of the named definitions shows, that a waste disposal end result is their destruction or a burial place. If to make synthesis, can be and a little rough, two available legal concepts "waste" and "waste disposal" it turns out, that a waste is substances or subjects which are formed in the course of manufacture, performance of works, rendering of services or in the course of consumption which are destroyed and buried, are intended for this purpose or is liable to destruction also to a burial place.

thus, as a whole norms international and the national law anyhow define a waste disposal ultimate goal their destruction or a burial place (isolation). It is possible to allocate two campaigns to a formulation of concept of waste disposal: through the list of operations on removal and through traditional definition of concept. Thus, it is necessary to notice, that in the European right the given concept is fixed at level, as a matter of fact, the interstate instruction.

As it is fairly noticed by the Constitutional court of the Russian Federation deviations supposed by the legislator from a principle of legal definiteness, a vagueness of concepts used in laws and the definitions, obvious redundancy of juridiko-technical operation concerning certain categories also undermine unity pravoprimenenija. From accuracy of terms with which the legislator operates, the adequate understanding, interpretation and act realisation in the constitutional sense not in the last instance depends. Meanwhile many laws subjected to the constitutional check, require a concrete definition, detailed elaboration, and sometimes and in radical updating of concepts used in them [110] .

Thereupon it is obviously necessary with a view of a definiteness establishment in a question, those or other substances and subjects which are formed in the course of manufacture, performance of works, rendering of services or in the course of consumption come under to removal or not, perfection, finally, procurator's supervision in the specified sphere, legislatively to fix concept of waste disposal of manufacture and consumption.

its detailed study, taking into account that the present dissertational work is carried out on a speciality «Judicial business, public prosecutor's activity, remedial and law-enforcement activity», is a theme of separate research on a joint of the ecological right and ecology as sciences.

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A source: Dymolazov Vitaly Sergeevich. PROCURATOR'S SUPERVISION BEHIND EXECUTION of the LEGISLATION ON PRODUCTION WASTES And CONSUMPTION. The dissertation on competition of a scientific degree of the master of laws. Moscow - 2016. 2016

More on topic § 1.1. A procurator's supervision subject behind execution of the legislation on production wastes and consumption:

  1. § 1.2. Procurator's supervision limits behind execution of the legislation on production wastes and consumption
  2. § 1.3. The purposes and procurator's supervision problems behind execution of the legislation on production wastes and consumption
  3. § 2.1. Information-analytical maintenance of procurator's supervision behind execution of the legislation on production wastes and consumption
  4. Chapter 1. THEORETICAL BASES of PROCURATOR'S SUPERVISION BEHIND EXECUTION of the LEGISLATION ON PRODUCTION WASTES And CONSUMPTION
  5. Chapter 2. FEATURES of the ORGANIZATION of PROCURATOR'S SUPERVISION BEHIND EXECUTION of the LEGISLATION ON PRODUCTION WASTES And CONSUMPTION
  6. Dymolazov Vitaly Sergeevich. PROCURATOR'S SUPERVISION BEHIND EXECUTION of the LEGISLATION ON PRODUCTION WASTES And CONSUMPTION. The dissertation on competition of a scientific degree of the master of laws. Moscow - 2016, 2016
  7. § 2.3. Features of acceptance of certificates of public prosecutor's reaction by results of administrative controls of the legislation on production wastes and consumption
  8. § 2. A subject and procurator's supervision limits behind execution of laws on a drug trafficking
  9. Paragraph 3. A subject and procurator's supervision limits behind execution of laws in sphere of antiterrorist security of objects of a railway transportation
  10. § 1. Concept of procurator's supervision behind execution of laws on a drug trafficking