CRITICAL ASSESSMENT OF THE LEGAL MECHANISM OF ENVIRONMENTAL HARM COMPENSATION IN THE RUSSIAN FEDERATION

The author notes that the existing today in the Russian Federation legislation regulating the issues of compensation for environmental damage has a number of shortcomings. There are a number of significant contradictions and erroneous formulations in the regulatory legal acts that have a negative impact on the law enforcement practice on compensation for environmental damage. The author made an attempt to use the principles of a systemic methodology and an institutional approach to assessing the significance and economic methods of compensation for environmental harm, taking into account the real needs of consumers in the modern conditions of the ecosystem development and the biocapacity of the Earth. The study provides an overview of international experience in regulating the infliction and environmental harm compensation. The author outlines some of the features of economic methods of environmental damage compensation and makes a conclusion about their insufficient theoretical development. By analyzing the economic methods of compensation for environmental damage and the consequences of its infliction, the author suggests that the preventive measures would be most effective, rather than compensation formы, if we take into account the real needs of the ecosystem and the biocapacity of the Earth. And in case of need for compensation, it is worth paying more attention to the institution of environmental insurance. One of the ways to stimulate subjects of insurance can be the practical implementation of non-working rules on preferential taxation. The author expressed confidence that it is impossible to properly guarantee the observance of most environmental human and civil rights in Russia without the creation of an effective system of compensation for environmental damage. Such a system should be built on the modernization of environmental legislation with maximum reliance on the economic realities of today, which, in turn, will make it possible to move to a qualitatively new level of law enforcement practice.

legislation, environmental harm, harm forms, harm methods, compensation for environmental harm, economic methods of environmental harm compensation, ecosystem, absolute liability, legal mechanism, Russian Federation.

Dzhikiya M. D. Critical assessment of the legal mechanism of environmental harm compensation in the Russian Federation. Business. Education. Law, 2020, no. 4, pp. 334–338. DOI: 10.25683/VOLBI.2020.53.442.