On environmental impact assessment. Is a state environmental assessment of project documentation necessary? In what cases is a state environmental assessment carried out?

(as amended April 15, 1998, August 22, December 21, 29, 2004, December 31, 2005, December 4, December 18, 2006, May 16, June 26, July 23, 24, November 8, 30 December 2008, April 9, May 8, December 17, 2009)

1. To the powers of bodies local government urban districts and municipal districts in the field of environmental assessment in the relevant territory include:

delegation of experts to participate as observers in meetings of expert commissions of the state environmental assessment of objects of environmental assessment in the event of the implementation of these objects in the relevant territory and in the event of a possible impact on environment economic and other activities planned by another administrative-territorial unit;

adoption and implementation, within the limits of their powers, of decisions on environmental impact assessment issues based on the results of public discussions, surveys, referendums, statements of public environmental organizations (associations) and movements, information about the objects of environmental impact assessment;

organizing public discussions, conducting surveys, referendums among the population on planned economic and other activities that are subject to environmental impact assessment;

organization of public environmental assessments at the request of the population;

informing federal executive authoritiesin the field of environmental assessment of planned economic and other activities on the territory of the relevant municipality;

informing the prosecutor's office,federal executive authoritiesin the field of environmental protection and organs state power subjects Russian Federation on the start of implementation of an environmental assessment project without a positive conclusion from the state environmental assessment;

exercise, in accordance with the legislation of the Russian Federation, other powers in this area.

2. Local governmentscity districts and municipal areas they have a right:

receive from the relevant government bodies the necessary information about the objects of environmental impact assessment, the implementation of which may have an impact on the environment within the territory of the relevant municipality, and about the results of the state environmental impact assessment and public environmental impact assessment;

send in writingfederal executive authoritiesin the field of environmental assessment, reasoned proposals on environmental aspects of the implementation of planned economic and other activities.

Chapter III. State Environmental Expertise

Federal Law No. 75-FZ of May 16, 2008 amended Article 14 of this Law. The change comes into force after 10 days from the date official publication Federal Law No. 75-FZ

1. Citizens and legal entities whose rights have been violated by environmental assessment bodies, customers of documentation subject to environmental assessment, and other interested parties as a result of their failure to comply with the legislation of the Russian Federation on environmental assessment may demand compensation for losses in the manner established civil law Russian Federation.

2. Moral injury caused to a citizen illegal actions in the field of environmental assessment, is subject to compensation by the causer in the manner prescribed by the civil legislation of the Russian Federation.

Chapter VIII. Resolution of disputes in the field of environmental assessment

President of the Russian Federation B. Yeltsin

Moscow Kremlin

Organization and conduct of state environmental examination of objects regional level

Conditions for receiving services at OIV

Who can apply for the service:

Individuals

Legal entities
The interests of applicants may be represented by other persons authorized by the applicant in the prescribed manner.
Cost of the service and payment procedure:

For the provision of public services, a fee is charged in accordance with the Federal Law of November 23, 1995 N 174-FZ “On Environmental Expertise”, by order of the Ministry natural resources and ecology of the Russian Federation dated September 23, 2013 N 404 “On approval of the Procedure for remuneration of freelance experts for state environmental assessment”, by order of the Ministry of Natural Resources and Ecology of the Russian Federation dated May 12, 2014 N 205 “On approval of the Procedure for determining cost estimates for carrying out State Environmental Expertise". The fee for conducting SEE is not a fixed amount and is calculated in accordance with the instructions administrative documents Government of the Russian Federation. One of the components of calculating the amount of the fee is the approved number of experts participating in the work of the SEE commission.
List of required information:

Request (application) for the provision of public services (original, 1 pc.)
- Required
- Available without return
Identity document of the applicant or his representative (original, 1 pc.)
- Required
- Provided only for viewing (making a copy) at the beginning of the service
A document confirming the authority of a person to carry out actions on behalf of the applicant (original, 1 pc.)
- Required
- Available without return
Draft normative-technical or instructional-methodological document, passport state program(copy, 1 pc.)
- Required
- Available without return
Submitted for objects of state environmental assessment - draft normative-technical and instructional-methodological documents in the field of environmental protection, including those related to natural and green areas of the city, approved by government authorities of the city of Moscow; projects of target programs of the city of Moscow, providing for the construction and operation of facilities economic activity that have an impact on the environment, in terms of the placement of such objects, taking into account the regime for the protection of natural objects.
Materials for assessing the impact of the proposed activity on the environment (copy, 1 pc.)
- Required
- Available without return
Submitted for objects of state environmental assessment - projects of normative, technical, instructional and methodological documents in the field of environmental protection, including those related to natural and green areas of the city, approved by government authorities of the city of Moscow; projects of target programs of the city of Moscow, providing for the construction and operation of economic facilities that have an impact on the environment, in terms of the placement of such facilities, taking into account the regime for the protection of natural objects.
Terms of service provision
Result of service provision

Issued:
- Conclusion of the SEE of objects at the regional level, order of the Department on its approval and notification of the completion of the SEE (original, 1 pc.)
Receipt forms

Through a legal representative

You can go to the executive authorities of the city of Moscow as part of a pre-trial appeal.

The applicant has the right to file a pre-trial (out-of-court) complaint against decisions made (committed) in the provision of public services and (or) actions (inaction) of the Department, its officials, and state civil servants.

The filing and consideration of complaints is carried out in the manner established by Chapter 2.1 of the Federal Law of July 27, 2010 N 210-FZ "On the organization of the provision of state and municipal services", Regulations on the specifics of filing and consideration of complaints about violation of the procedure for providing public services of the city of Moscow, approved by Decree of the Moscow Government of November 15, 2011 N 546-PP “On the provision of state and municipal services in the city of Moscow”, administrative Regulations.

Applicants may file complaints in the following cases:

1. Violation of the deadline for registering a request (application) and other documents necessary for the provision of public services, as well as the procedure for processing and issuing a receipt for receipt of a request and other documents (information) from the applicant.

2. Requirements from the applicant:

2.1. Documents or information or the implementation of actions, the provision or implementation of which is not provided for by the regulatory legal acts of the Russian Federation and the city of Moscow for the provision of public services, including documents obtained using interdepartmental information interaction

2.2. Applications for the provision of services not included in the list of services approved by the Moscow Government that are necessary and mandatory for the provision of public services.

2.3. Payment of fees for the provision of public services not provided for by regulatory legal acts of the Russian Federation and the city of Moscow.

2.4. Documents and information, the absence and (or) unreliability of which was not indicated during the initial refusal to accept documents necessary for the provision of a public service, or in the provision of a public service, except for the cases provided for in paragraph 4 of part 1 of Article 7 of the Federal Law of July 27, 2010 . No. 210-FZ “On the organization of the provision of state and municipal services.”

3. Violations of the deadline for the provision of public services.

4. Refusal to the applicant:

4.1. In accepting documents, the submission of which is provided for by the regulatory legal acts of the Russian Federation and the city of Moscow for the provision of public services, on grounds not provided for by the regulatory legal acts of the Russian Federation and the city of Moscow.

4.2. In the provision of public services on grounds not provided for by the regulatory legal acts of the Russian Federation and the city of Moscow.

4.3. In correcting typos and errors in documents issued as a result of the provision of public services or in case of violation deadline such corrections.

5. Other violations of the procedure for providing public services established by regulatory legal acts of the Russian Federation and the city of Moscow.

Complaints about decisions and (or) actions (inaction) of officials, civil servants of the Department are considered by its head (authorized deputy head).

Complaints about decisions and (or) actions (inaction) of the head of the Department, including decisions made by him or his deputy on complaints received in a pre-trial (extrajudicial) manner, are considered by a higher executive body of the city of Moscow in accordance with clauses 5.6, 6 of the appendix 6 to the resolution of the Moscow Government of November 15, 2011 N 546-PP “On the provision of state and municipal services in the city of Moscow”.

Complaints can be filed with the executive authorities of the city of Moscow authorized to consider them in accordance with the Administrative Regulations for the provision of services (hereinafter referred to as the bodies authorized to consider complaints), in writing on on paper, V electronic form in one of the following ways:

1. Upon personal application by the applicant (applicant’s representative).

2. By post.

3.Using the official websites of bodies authorized to consider complaints on the Internet.

4. By other means provided for by the regulatory legal acts of the Russian Federation and the city of Moscow.

The complaint must contain:

1. The name of the body authorized to consider the complaint or the position and (or) last name, first name and patronymic (if any) of the relevant official to whom the complaint is sent.

2. The name of the executive authority of the city of Moscow or the position and (or) surname, first name, patronymic (if any) of the official, state civil servant, whose decisions and (or) actions (inaction) are being appealed.

3. Last name, first name, patronymic (if any), information about the applicant’s place of residence - individual or the name, information about the location of the applicant - legal entity, as well as contact telephone number(s), email address(es) (if available) and mailing address, on which a response should be sent to the applicant.

4. Filing date and registration number request (application) for the provision of a public service (except for cases of appealing against a refusal to accept a request and its registration).

5. Information about decisions and (or) actions (inactions) that are the subject of appeal.

6. Arguments on the basis of which the applicant does not agree with the appealed decisions and (or) actions (inactions). The applicant may submit documents (if any) confirming the applicant’s arguments, or copies thereof.

7. Applicant's requirements.

8. List of documents attached to the complaint (if any).

9. Date of filing the complaint.

The complaint must be signed by the complainant (his representative). If a complaint is filed in person, the applicant (applicant's representative) must provide an identification document. The authority of the representative to sign the complaint must be confirmed by a power of attorney issued in accordance with the legislation of the Russian Federation.

The powers of a person acting on behalf of an organization without a power of attorney on the basis of the law, other regulatory legal acts and constituent documents are confirmed by documents certifying his official position, as well as constituent documents organizations.

Status and powers legal representatives of an individual are confirmed by documents provided for by federal laws.

A received complaint must be registered no later than the working day following the day of receipt.

Maximum term consideration of the complaint is 15 working days from the date of its registration. The period for consideration of the complaint is 5 working days from the date of its registration in cases of appeal by the applicant:

1. Refusal to accept documents.

2. Refusal to correct typos and errors made in documents issued as a result of the provision of public services.

3. Violations of the deadline for correcting typos and errors.

Based on the results of consideration of the complaint, a decision is made to satisfy the complaint (in whole or in part) or to refuse to satisfy the complaint.

The solution must contain:

1. Name of the body that considered the complaint, position, surname, first name, patronymic (if any) of the official who made the decision on the complaint.

2. Details of the decision (number, date, place of adoption).

3. Last name, first name, patronymic (if any), information about the place of residence of the applicant - an individual or name, information about the location of the applicant - a legal entity.

4. Last name, first name, patronymic (if any), information about the place of residence of the applicant’s representative who filed the complaint on behalf of the applicant.

5. Method of filing and date of registration of the complaint, its registration number.

6. Subject of the complaint (information about the decisions, actions, or inactions being appealed).

7. The circumstances established during the consideration of the complaint and the evidence confirming them.

8. Legal grounds to make a decision on the complaint with reference to the applicable regulatory legal acts of the Russian Federation and the city of Moscow.

9. The decision taken on the complaint (conclusion on the satisfaction of the complaint or refusal to satisfy it).

10. Measures to eliminate identified violations and deadlines for their implementation (if the complaint is satisfied).

11. Information about the actions carried out by the executive authorities of the city of Moscow, an organization subordinate to the executive authority, providing public services, in order to immediately eliminate identified violations in the provision of public services, as well as an apology for the inconvenience caused and information about further actions that need to be taken by the applicant in order to obtain a public service (if the complaint is satisfied).

12. Reasoned explanations about the reasons for the decision made (in case of refusal to satisfy the complaint).

13. Procedure for appealing a decision.

14. Signature of an authorized official.

The decision is made in in writing using official forms.

The measures to eliminate the identified violations specified in the decision include:

1. Cancel earlier decisions taken(in whole or in part).

2. Ensuring the acceptance and registration of the request, execution and issuance of a receipt to the applicant (in case of evasion or unreasonable refusal to accept documents and their registration).

3. Ensuring the registration and delivery to the applicant of the result of the provision of a public service (in case of evasion or unreasonable refusal to provide a public service).

4. Correction of typos and errors made in documents issued as a result of the provision of public services.

5. Return to the applicant Money, the collection of which is not provided for by the regulatory legal acts of the Russian Federation and the city of Moscow.

The body authorized to consider the complaint refuses to satisfy it in the following cases:

1. Recognition of the appealed decisions and (or) actions (inactions) as legal, not violating the rights and freedoms of the applicant.

2. Filing a complaint by a person whose authority has not been confirmed in the manner established by regulatory legal acts of the Russian Federation and the city of Moscow.

3. The applicant does not have the right to receive public services.

4. Availability:

4.1. Joined legal force court decisions on the applicant's complaint with identical subject matter and grounds.

4.2. A decision on a complaint made earlier in a pre-trial (out-of-court) manner in relation to the same applicant and on the same subject of the complaint (except for cases of appealing against previously made decisions in higher authority).

The complaint must be left unanswered on its merits in the following cases:

1. The presence in the complaint of obscene or offensive language, threats to the life, health and property of officials, as well as members of their families.

2. If the text of the complaint (part of it), last name, postal address and email address are not readable.

3. If the complaint does not indicate the name of the applicant (the applicant’s representative) or the postal address and email address to which the response should be sent.

4. If the body authorized to consider the complaint received a request from the applicant (the applicant’s representative) to withdraw the complaint before a decision on the complaint is made.

The decision to satisfy the complaint or to refuse to satisfy the complaint is sent to the applicant (the applicant’s representative) no later than the working day following the day of its adoption, to the postal address specified in the complaint. At the request of the applicant, the decision is also sent to the email address specified in the complaint (in the form electronic document, signed electronic signature authorized official). In the same manner, the applicant (the applicant’s representative) is sent a decision on the complaint, in which only an email address is indicated for the response, and the postal address is missing or cannot be read.

If the complaint is left without a response on the merits, the applicant (his representative) is sent, no later than the working day following the day of registration of the complaint, a written motivated notification indicating the grounds (except for cases where the complaint does not indicate a postal address and e-mail address for answer or they are unreadable). The notice is sent in the manner established for sending a decision on a complaint.

Complaint filed in violation of the rules on competence established by paragraph 5.4 administrative regulations, is sent no later than the working day following the day of its registration to the body authorized to consider the complaint, with simultaneous written notification to the applicant (his representative) about the forwarding of the complaint (except for cases where the complaint does not indicate a postal address and email address email for a response or they are unreadable). The notice is sent in the manner established for sending a decision on a complaint.

Filing a complaint in a pre-trial (out-of-court) manner does not exclude the right of the applicant (applicant's representative) to simultaneously or subsequently file a complaint in court.

Informing applicants about the judicial and pre-trial (extra-judicial) procedure for appealing decisions and (or) actions (inaction) committed in the provision of public services should be carried out by:

1. Placing relevant information on the Portal and stands in places where public services are provided.

2. Consulting applicants, including by telephone, e-mail, at a personal reception.

If, during or as a result of consideration of the complaint, signs of an administrative offense or crime are established executive, empowered upon consideration of the complaint, immediately forwards the available materials to the prosecutor's office. If violations of the procedure for the provision of public services of the city of Moscow are identified, liability for the commission of which is established by the Moscow City Code on administrative offenses, the official authorized to consider the complaint must also send copies of the available materials to the Main Control Department of the city of Moscow within two working days following the day the decision on the complaint was made (but no later than the working day following the day of expiration of the period established by federal legislation consideration of complaints about violations of the procedure for providing public services).

In our country, any construction and reconstruction of buildings requires the development and coordination with government agencies of a special project documentation. With regard to the impact of a construction project on the state of the environment, the Law “On Environmental Expertise” dated November 23, 2995 No. 174-FZ, established mandatory professional eco-expertise.

What is an environmental assessment of project documentation?

Environmental examination of project documentation is a procedure for assessing documents prepared for submission to government agencies by an expert commission in order to identify the negative impact of construction or reconstruction on the environmental well-being of the region. According to current legislation, responsibilities for conducting an environmental assessment of project documentation are assigned to the Russian State Committee for Environmental Protection. To implement this function, territorial branches of the state committee operate throughout the country, which in the process of conducting the examination are guided not only by federal, but also by regional laws.

In our country, there are two forms of environmental assessment of project documentation - state and public. Each of them has specific features:

State environmental assessment. This type of examination is carried out directly by experts from the Russian State Committee for Environmental Protection. For each object, an expert commission is created, which gives its opinion based on the review and analysis of project documentation. If the experts fail to come to a common conclusion and against the background of a positive decision of the majority, some members of the commission have a different opinion, their arguments are necessarily indicated in the conclusion, as an addition. This fact may have an impact on government agencies that make decisions on issuing permits for construction and reconstruction.
Public environmental assessment.Chapter IV of the Federal Law “On Environmental Expertise” directly indicates the possibility of conducting a special form of expertise – public. Both public organizations can become initiators of a public environmental review environmental organizations, as well as any citizen of the Russian Federation. In this case, the analysis of project documentation is carried out by a specially convened public commission. The law also establishes a number of requirements for experts who can join the public commission. More often public examination is carried out earlier than the state one and acts as a form of additional influence on the state expert commission. Later, during the state environmental assessment, members of the public expert commission may be included in the commission of the Russian State Committee for Environmental Protection.

Who needs to conduct an environmental assessment of project documentation?

According to Articles 11 and 12 of the Federal Law “On Environmental Expertise”, mandatory conduct of this type of document analysis is provided for in the following situations:

construction of facilities, the further operation of which involves hazardous production and handling of hazardous waste;
construction of buildings whose design is unique or particularly technically complex;
intention to lead construction works or carry out reconstruction of buildings located in natural areas, subject to protection at the federal or regional level;
construction of defense industry facilities in areas protected by environmental legislation;
construction of facilities whose purpose is the disposal or disposal of hazardous waste of hazard class 1-5, as well as the decommissioning of these facilities;
coordination of planning projects land plots that are planned to be used for storage and disposal of hazardous waste of any class;
arrangement of artificial earth embankments on the territory of reservoirs.

It is important to note that environmental assessment is carried out not only on the fact of the negative impact of the construction process itself on the environment. The further activities of the erected structure are also being studied by experts in the field of ecology. For example, the process of constructing a chemical industry plant does not harm the environment and differs little from the procedure for constructing any other large industrial building. However, further activity of the enterprise may be accompanied by harmful emissions and the formation of hazardous waste, which poses a direct threat to the environmental well-being of the region. Investigating this issue, an environmental commission consisting of experts may give a negative conclusion.

Why conduct an environmental assessment of project documentation?

The main goal of environmental impact assessment is to assess the impact of construction and further operation of the facility on the state of the environment. The importance of this procedure is determined by the Constitution of the Russian Federation, which establishes the right of citizens to live in a favorable environment.

Positive decision of the examination – required condition obtaining permission for construction and reconstruction. Without this document, contacting government authorities to approve the project is useless.

How we are working?

By contacting our company to conduct an environmental assessment of project documentation, the client will receive the following services from our specialists.

Events	Description
Professional analysis of project documentation	Having submitted an incomplete package of documents to the expert commission, one cannot expect a positive decision from the environmental assessment. That is why our specialists begin work by conducting an analysis and inventory of all necessary project documents and collecting missing documentary acts. This will help avoid a negative decision from experts.
Organization of public environmental expertise	If necessary, our specialists will organize a qualified public examination with the involvement of competent accredited experts. A positive decision from the public review increases the likelihood of promptly obtaining permission for the construction or reconstruction of a facility.
Submission of documents to the territorial office Russian State Committee for Environmental Protection	Our professionals will prepare a package of documents and an official appeal to the territorial office of the Russian State Committee for Environmental Protection. Also, the customer may need the help of our employees when paying for the examination in the amount required by law.
Challenging the results of an environmental assessment	If the customer categorically disagrees with the results of the environmental assessment, he has the right to appeal this conclusion in court. The professionals of the Ecosafety company will help you draw up a competent statement of claim to court general jurisdiction or to the arbitration court.

Our specialists take an individual approach to each project and carry out their activities based on current legislation and extensive professional experience.

Price

The cost of conducting an environmental assessment is determined primarily by the area of the construction site and its operational purpose. In our company, the price of such an examination starts from 50 rubles per square meter. The final price includes the following services from our specialists:

analysis of design documentation and study of technologies for construction and reconstruction of a potential facility;
initiating the convening of a public expert commission and searching for accredited experts in the field of environmental legislation;
development of a set of measures to eliminate or reduce negative impact construction on the environment, if any;
if necessary, challenge the decision of the expert commission in court.

Deadlines

The environmental assessment procedure must be initiated no later than 3 days after submitting a complete package of documents to the bodies of the Russian State Committee for Environmental Protection. The only exceptions are those cases when the examination is carried out on facilities associated with the storage, handling and disposal of dangerous goods of all hazard classes. In this case, the expert commission is given up to 15 days to review the documents.

The total period for conducting an environmental assessment is up to three months. Extension of this period in accordance with the law is allowed only at the request of the customer and cannot last longer than one month.

Necessary documents for the procedure

To conduct an eco-expertise, the following documentary evidence must be submitted to the environmental protection authorities:

documents containing materials for assessing the impact of objects on the ecological state of environmental areas;
documentation confirming the fact that the artificial land plot does not disturb the ecological balance of the area;
conclusion of a public examination, if one was carried out earlier;
materials confirming the absence of claims against construction or major renovation, from public organizations, citizens and local governments.

Features of the procedure

The customer, in accordance with the Federal Law “On Environmental Expertise,” has a number of rights and obligations that regulate his relationship with the expert commission. In accordance with this law, the customer undertakes to provide the expert commission with a full package of original design documentation, timely pay for the examination in in full and conduct its activities solely in accordance with the recommendations received in the environmental report.

In addition to responsibilities, the customer also has rights. Thus, the customer has the right to be notified of the start and end dates of the environmental assessment, as well as to receive all its materials for review and study. If during the review the customer has comments and explanations, he has the right to convey them to the expert commission. If the customer notes violations during the examination or considers the experts to be biased, he has the right to appeal the commission’s decision in court.

Fines and liability for lack of environmental assessment

The absence of a positive decision from the environmental assessment means an unequivocal refusal by the authorities to issue a permit for construction and reconstruction. If, contrary to this fact, the developer carries out construction without authorization, without permitting documentation, sanctions are applied to him by the state. Responsibility for such illegal actions provided for in Article 9.5. "Administrative Code of the Russian Federation" and is established in the form administrative fines. The fines are as follows:

from 2000 to 5000 rubles – for ordinary citizens;
from 20,000 to 50,000 rubles – for entrepreneurs and officials;
from 500,000 to 1,000,000 rubles and administrative suspension of activities for 90 days - for legal entities.

The Ecobezopasnost company is your reliable partner, ready to take on all the hassle of conducting an environmental assessment of project documentation.

is a procedure whose purpose is to prevent violations of the rights of citizens to a favorable environment ( this right enshrined in the Constitution of the Russian Federation). The procedure for conducting it and the nuances relating to this type of examination will be discussed later in the article.

On environmental assessment of project documentation

IN modern world More and more attention is being paid to issues related to monitoring compliance with environmental standards at any stage of project implementation, including during the preparation of project documentation. Its examination is intended to establish compliance of the planned construction and other activities with the requirements established regulations operating on the territory of Russia.

During the examination of such objects, it is possible to find out to what extent they are capable of causing harm to the environment, and to take measures to prevent possible negative consequences. Carrying out such a procedure allows you to avoid the implementation of projects that are inherently harmful to nature and unnecessary expenses associated with them.

Environmental assessment can be either state or non-state (public). We will talk about their implementation in detail later.

About state eco-expertise

Who is involved in the state environmental examination of project documentation is stated in Art. 10 Federal Law “On Environmental Expertise” dated November 23, 2995 No. 174-FZ. According to this norm, the examination is entrusted to the State Committee of Russia for Environmental Protection and its territorial divisions.

The assignment of project documentation to the jurisdiction of a federal government body or a body of a constituent entity of the Russian Federation is carried out on the basis of Art. 11-12 of the above-mentioned Federal Law. Thus, federal authorities conduct an examination of project documentation relating to:

construction or reconstruction of facilities located in specially protected natural areas at the federal level;
objects that are particularly dangerous, unique or technically complex;
construction or reconstruction of defense and security facilities located in specially protected natural areas of regional and local significance(provided that such construction or reconstruction is permitted by the current legislation of the Russian Federation);
facilities created or reconstructed for the purpose of disposal and/or disposal of waste of hazard classes 1-5, and projects for the decommissioning of such facilities;
lands used but not intended for disposal or disposal of waste of hazard classes 1-5;
artificial land plots on the territory water bodies related to the property of the Russian Federation.

The competence of the authorities of the constituent entities of the Russian Federation includes the examination of objects under construction/reconstruction located in regional or local environmental zones that are not within the competence of the federal body.

About public eco-expertise

In addition to the state, the law also provides for public holding, as reported in Chapter. IV Federal Law “On Environmental Expertise”.

Don't know your rights?

In this case, the following has the right to initiate its implementation:

public organizations/associations (including those that are directly involved in environmental protection, have the authority to conduct environmental assessments and have been accredited in accordance with the law);
local government bodies;
ordinary Russians.

To conduct a public environmental examination, special public commissions are created from representatives of the listed organizations and citizens, which act on the basis of state registration of the application submitted by them. Experts participating in the examination must adhere to the requirements provided for in paragraph 5 of Art. 16 Federal Law No. 174-FZ.

Objects whose information represents a legally protected (state, commercial, etc.) secret may be subject to such environmental assessment. A public examination is carried out before the state examination or simultaneously with it.

Public organizations conducting environmental assessments have the right to expect:

to receive full design documentation from the customer;
familiarization with regulatory and technical documents that establish requirements for conducting state environmental examination;
participation as observers in meetings of state environmental examination commissions that discuss the conclusions made by the public examination.

Rights and obligations of customers of eco-expertise

Current legislation gives customers a number of rights and obligations. In particular, the customer of the examination has the right:

receive information about the start date of the examination;
receive examination materials for review;
give explanations;
submit comments;
demand elimination of violations in the order of examination;
appeal the expert opinion in court and demand compensation for damage caused by deliberate violation of environmental legislation.

Responsibilities of the customer environmental assessment of project documentation, in accordance with Art. 27 Federal Law No. 174, include the following:

submission of documentation in the required volume and in a form that complies with legal requirements;
pay for the examination in the prescribed amount;
carry out activities in accordance with the documentation that has received a positive conclusion from the expert commission.

About the procedure for conducting the examination

Order of conduct environmental assessment of project documentation regulated by Art. 14 Federal Law “On Environmental Expertise”. According to the specified legal norm, the procedure is carried out if certain conditions are met:

If the submitted documents correspond in content and form to those provided for by current legislation (if the package contains all the necessary materials). The rights and obligations of the customer during the procedure are determined by the Town Planning Code.
Subject to full advance payment by the person submitting documents for the procedure.

The start date of the procedure is set by the authority carrying out the examination, but in any case the period cannot exceed 3 days from the date of payment and submission of the full set of documents. The only exception is for waste disposal facilities: in this case, the start of the examination must be scheduled no later than 15 days from the date of payment and submission of all documents.

The maximum period for conducting an examination is 3 months, its extension is possible only at the request of the customer (and only for a period not exceeding 1 month). To conduct an environmental assessment, in each specific case, an expert commission is formed, based on the results of which a conclusion is issued. It is a document containing expert conclusions regarding the compliance of documentation with the requirements of legislation in the field of environmental safety.

If some experts disagree with the conclusions of the qualified majority of specialists, their opinions are additionally attached to the conclusion. Making a decision to conduct re-examination only possible arbitration court or a court of general jurisdiction.

It should be noted that in some cases the procedure for conducting an environmental assessment may be separately regulated by relevant federal and regional regulations. An example is the facilities being built for the 2018 FIFA World Cup.

Conclusions issued by expert commissions must be submitted for approval to the federal executive body or government agency of a constituent entity of the Russian Federation. Only after approval does this document acquire legal force.

of this Federal Law, including repeated repetition, is carried out provided that the form and content of the materials submitted by the customer comply with the requirements of this Federal Law, established order conducting a state environmental assessment and if the materials subject to examination include:

documentation subject to state environmental review in accordance with this Federal Law, with the exception of objects specified in subparagraphs 7.1 and 7.3 of Article 11 and subparagraph 4.1 of Article 12 of this Federal Law, to the extent determined in the prescribed manner, and containing materials for assessing the impact on the environment of economic and other activities, which is subject to state environmental impact assessment;