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UDC 628.515

Ponomareva L. S.

Some practical issues of applying «The technique of estimating the damage to water bodies resulted from the violation of the Water Law»

Summary

Some practical issues of applying «The procedure of estimating the damage to water bodies resulted from the violation of the Water Law» related to the procedure of receiving the evidentiary basis are considered. The cases of violation of the related legislation including the regulating procedures attributable to bringing suits and filing claims for the actual damage are noted. Case studies of insufficient attention paid by the water users to the introduction of permissible discharge regulations that result in formalistic validation of damage estimations as well as to the problem of joint sampling and comparing the analytical results are discussed.

Key words

water law , estimation of the damage to water bodies , procedure of receiving the damage evidentiary basis , relative legislation

UDC 614.777:504.064:502.52
DOI 10.35776/VST.2023.10.02

Kuz’mich Valentina, Miller Elena

On the need for making amendments to the statutory regulation of impact of the business operations and other activities on the surface water bodies

Summary

The current system of regulating the permissible impact of the business operations and other activities on surface water bodies does not provide for improving the water quality and condition of water bodies to meet the requirements of the RF Water Code. To eliminate the legal uncertainty of regulating the impact on water bodies and taking into account the transition to the technology regulation to achieve the goals of protecting water bodies, it is proposed that the Water Code of the Russian Federation captures the environmental standards for the surface water quality (ESSWQ). These standards have to be developed with account of the natural characteristics of specific river basins, and applied along with the existing hygienic standards instead of the fishery water quality standards. At the same time, the standards for the permissible impact of business operations and other activities on water bodies (SPI) are developed on the basis of ESSWQ in accordance with the requirements of the current environmental legislation. Making amendments to the RF Water Code will provide, among other things, for reliable calculating fees for the negative environmental impact; for calculating the amount of damage caused to a water body; for reducing the costs of developing standards, and carrying out water protection measures, designing and constructing treatment facilities, etc.

Key words

natural peculiarities , water quality , water object , standardization , adjustment , water law , reducing the expenditures , pollution discharge , environmental and hygienic standards , impact types , permissible discharge , technological and target indicators