FEATURES OF SETTLEMENT OF DISPUTES ARISING FROM ENVIRONMENTAL LEGAL RELATIONS, AT CERTAIN STAGES OF THE CIVIL PROCESS

The authors note that in the modern world there is a constant deterioration of environmental quality, increasing the threat of environmental crisis, which in turn can lead to a large-scale disaster. These factors determine the importance of the problem of settlement by the courts of the disputes arising from environmental legal relations. Protection of environmental rights can be carried out both in administrative and judicial procedures. Meanwhile, in the science of civil procedure law the general concept of the stages of civil process is well developed, but the features of settlement of environmental cases at different stages of the civil process is studied quite insufficiently. The article proves the need to fill the gaps in the theory of civil procedure and environmental law, makes proposals to change the legislation. It seems that the problems of procedural nature arising in the settlement of environmental disputes are not resolved due to the unfinished reform of the judicial system of the Russian Federation, and gaps in the civil procedure legislation, as well as in other normative legal acts. The priority direction of development of the legislative base today should be the timely improvement of the Russian legislation in the field of protection of environmental rights of citizens. Special attention is paid to the discussions on the feasibility of establishing in paragraph 3 of article 78 of the Federal law «On environmental protection» of a special 20-year Statute of limitations on environmental cases. It seems that this term was introduced by the legislator due to the fact that many environmental offenses are not only latent, but also lasting. Some practices consider that such a long Statute of limitations is unreasonable. The authors do not share this point of view, and argue for the need to establish an indefinite period of limitation for some categories of environmental cases.

civil procedure, environmental law, methods, fees, court, term, environment, environmental dispute, recultivation, rights of citizen.

Anisimov A. P., Semenova S. Yu. Features of settlement of disputes arising from environmental legal relations, at certain stages of the civil process // Business. Education. Law. 2018. No. 3 (44). P. 257–261. DOI: 10.25683/VOLBI.2018.44.326.