ISSUES OF IMPLEMENTATION OF CONSTITUTIONAL RIGHTS TO A FAVORABLE ENVIRONMENT AND TO COMPENSATION FOR ENVIRONMENTAL DAMAGE CAUSED TO HUMAN LIFE AND HEALTH

Abstract

The rights to a favorable environment and to compensation for environmental damage are the basic environmental human rights enshrined in the Constitution of the Russian Federation. Despite the fact that the norms of the Constitution of the Russian Federation have direct effect, the exercise of these rights is impossible without a functioning mechanism for their implementation. When writing the article, the author set a goal to consider industry regulations and the practical implementation of environmental human rights to a favorable environment and to compensation for environmental damage.

An analysis of the existing regulatory regulation showed that industry legislation has developed a broader interpretation of environmental rights than their constitutional enshrinement. According to the current legislation, not only harm caused to the environment, health and property of citizens as a result of environmental offenses is subject to compensation, but also harm caused by the lawful activities of enterprises, lawful decisions of state and municipal government bodies, as well as harm resulting from man-made and environmental disasters, which significantly expands the practical application of Art. 42 of the Constitution of the Russian Federation, develops and supplements the constitutional rights of citizens.

As a result of the study, it was proposed to supplement the concept of environmental harm with harm caused by environmental disasters and catastrophes, as well as harm caused as a result of lawful actions of state or municipal authorities.