1. lecturer: Lina Vladimirovna Zhornyak, associated professor

2. 1. Legislative and legal framework of ecological expertise. 2. Principles of state ecological expertise. 3. Types of ecological expertise. 4. Ecological expertise procedure. Financing.

3. After the establishment of former USSR National Committee of Environmental Protection, state ecological expertise developed within a special Office (in 1988). In the 1990s (XX century) a state ecological expertise system was established and developed within different administrative divisions: federal, RF entities (republic, territorial, autonomous, national communities), as well as, regional and civil.

4. Laws and regulations of ecological expertise is based on the provisions of the RF Constitution, Federal Law “Environmental protection” and is itself a Federal law including corresponding laws and regulations of the Russian Federation and its entities. Today, the state ecological expertise service is within the framework of the Federal Service for Supervision of Natural Resource Management, which, in its turn, is an integrated unit of RF Ministry of Environment & Mineral Resources.

5. Ecological expertise – is the process establishing compliance of documents and (or) documentation reasoning economic and other activities caused by the implementation of the environmental review object with ecological requirements contained in technical regulations and legislation in environmental protection, in order to prevent the negative impact of such activities on the environment.

6. Independent Ecological Expertise conducts its activities in the area of environmental protection legislation, ecological expertise, environmental impact assessment, sustainable development, public participation in the important decision making process, the defence of ecological rights of the citizens (representation in the court, consultations), conduct of informational campaigns, and informative and communicative activities.

7. 1. Determining the compliance of feasible documents and \ or documentation of planned economic activities in accordance to existing environmental protection requirements; 2. Determining the prospective implementation of this or that facility.

8.  prevention of possible unfavorable environmental impacts of planned activities;  prevention of negative social, economic and other after-effects.

9. 1. Whether the planned activity contradicts the ecological regulations of the Russian Federation and its entities; 2. Whether the planned activity complies to the regulations and legislation in environmental protection and sustainable development; 3. Whether the EIA is complete;

10. 4. Whether the planned activity is safe in respect to the environment and population; 5. Whether planned measures in environmental protection and sustainable development are effective. The basic question which any state ecological expertise should consider is – implementation possibility of this or that project (i.e. to recommend or not or simply follow-up improvement).

11. The state ecological expertise is mandatory in the course of investment, economic and other activities implemented on this or that territory and involving the transformation of the natural environment. The basic principles of state ecological expertise, its social – economic purpose and legal regulation framework and its furtherance are established in Federal Law of “Environmental Protection” (RF).

12. The state ecological expertise is based on the following principles: 1.Maintenance of the environmental quality as an inseparable condition of the environmental well- being - of the citizens and environmental security of the appraised objects. 2.Maintenance of the environmental quality as an inseparable condition of the environmental well- being - of the citizens and environmental security of the appraised objects. 3.Balanced environmental, economic and social interests.

13. 4.Territorial, sectional and environmental feasibility of implementation of the appraised object. 5.Comprehensive survey of the public opinion as the conclusions of the state ecological expertise are prepared. 6.Securing of the objectivity, complexity and scientific justification of the state ecological expertise.

14. 7.Lawfulness, democracy and public knowledge about expertise. 8.Enforcement of the norms and rules of international agreements on the state ecological expertise. 9.Prevention of creation of objects, construction and use of which infringes the rights of individuals and legal entities, or does not meet the requirements of environmental safety.

15. According to Federal Law of Jan. 10, 2002 № 7- FZВ “Environmental Protection” (RF), there are two types of ecological expertise carried out in the Russian Federation: 1) state and 2) public independent environmental impact assessments.

16. The result of the state environmental impact assessment shall be a review of the state ecological expertise. State environmental review shall be held by the expert commission formed by the federal executive authority in the field of environmental review or regional public authorities of the Russian Federation to carry out environmental impact assessment of the particular object. Conclusion acquires the status of the state environmental review after approval by the federal executive authority in the field of environmental review or regional public authorities of the Russian Federation (Federal Service for Supervision of Natural Resource Management, which, in its turn, is an integrated unit of RF Ministry of Environment & Mineral Resources).

17. Public (independent) ecological expertise shall be organized on the initiative of citizens and non- government organizations/associations, as well as on the initiative of local authorities. Public environmental impact assessment shall be conducted by non-government organizations/associations in Charter of which environmental protection (including organization and conduct of environmental expertise) is named the main activity of organization and registered in accordance with the laws of the Russian Federation.

18. The review of the public environmental impact assessment shall enter into legal binding after its approval by the federal executive authority in the field of environmental expertise or regional public authority of the Russian Federation.

19. Besides above-mentioned legal expertise there are also internal expertise, scientific inquiry and commercial ecological expertise. Internal ecological expertise is conducted on an as- needed basis, i.e. technological one. The typical tasks are to determine (1) the environmental safety of the project or (2) its environmental hazard for this or that governmental agency. This expertise also involves state ecological expertise. Scientific inquiry and commercial ecological expertise are commonly included within the framework of state or public ecological expertise.

20. According to the law “Ecological Expertise” and Russian Federation Decree № 698 (1996), the state ecological expertise is conducted by a special commission, which involves 25-50 members for small and average projects and 80-100 members for complicated projects.

21. Stages Stage 1 – plenary committee; Stage 2 – project review; Stage 3 – discussion in groups and subgroups and expertise framing; Stage 4 – summary expert conclusions, including the following items.

22. Conclusion- approved by the Decree of Ministry of Natural Resources and this ecological expertise document acquires the status of the state environmental expertise involving action date. Positive expertise conclusion is one of the major conditions in initial project financing.

24. Content of presented documents: 1) statement; 2) copies of documents of land parcel entitlement; 3) copy of city land parcel development plan; 4) project documents; 5) copy of project statement; 6) results of civil-engineering survey in accordance to stated requirements; 7) copy of civil-engineering survey assignment.

25. 1) is submitted to federal authorities in ecological expertise or public authorities of the Russian Federation entities, client and agencies participating in this ecological expertise, as well as, local authorities and other interested parties; 2) becomes legal after its approval by federal authorities in ecological expertise or public authorities of the Russian Federation entities; 3) can be published in mass media.

26. 1. Expertise is funded by the client. 2. Client transfers all finance means to a special account of the federal agency which is conducting the expertise. 3. Transferred money is for expertise procedure only. 4. Public (independent) ecological expertise is funded by the public organization (association) itself, involving public, ecological and other funds, voluntary cash contributions, as well as, budgetary provisions of relevant local government bodies.

27. 1. The legal framework of ecological expertise is determined in the Federal law “Environmental Protection” (2002) and “Ecological Expertise” (1995), as well as, in different laws and regulations of the Russian Federation and its entities. 2. Ecological expertise determines the relevant documents and \ or documentation justifying this or that planned activity, requirements in environmental protection; defines feasibility implementation of the planned facility.

28. 3. In accordance to the law “Ecological Expertise” there are two types of expertise in the Russian Federation: 1)state ecological expertise; 2)public (independent) ecological expertise.