Responsibility for violation of legislation on air protection

Responsibilities of individuals and legal entities for Air Protection

Legal measures air protection from pollution

Features of the air as a natural object

Lecture 13.

Subject: Legal protection of atmospheric air.

The Plan:

Keywords: air, air protection, air pollution.

Subject to regulation under the law of the environment is not at all air and ambient air. In Abolished Law "On Air Protection" does not regulate relations concerning air of residential and industrial buildings. It does not apply to atmospheric air as the air trapped in the compressors, cylinders and so on. D. The relations concerning indoor air and is in sanitary containers are regulated, including civil, housing law, the criterion for distinguishing the air and other air serves as a natural link with the first nature.

A feature of the legal regime of air is that because of the physical properties, it can not be the object of property rights, as it has not applied the traditional authority of the owner, it can not be individualized in order to become the object of ownership.

Not being the owner of the air in a certain moment of the territory of the state, it has sovereign rights to it. These rights derive from belonging to the state of its natural environment. Any state within its airspace enjoys all the rights of territorial supremacy, state sovereignty, the exclusive right to use the atmosphere. Under airspace RK understood airspace over the territory of Kazakhstan, including the airspace over internal waters and territorial sea.

The main legal means of air protection are rationing air quality limits impacts from individual sources, regulating the placement of sources of harmful effects on the environment, the environmental assessment of projects of enterprises and other facilities, the operation of which is accompanied by atmospheric pollution, permitting procedure harmful impacts on air. All this is in order to prevent degradation of the atmosphere under the influence of human activities.

In vozduhoohranitelnom legislation regulates all activities, followed by the harmful effects on the environment, including:

- Location, design, construction and commissioning of new and reconstructed enterprises, buildings and other facilities, the improvement of existing and introduction of new technological processes and equipment and their operation;

- Design, manufacture and operation of vehicles, aircraft, vessels and other mobile equipment and installations;

- Placement and development of cities and other human settlements;

- The use of plant protection products, growth stimulators, fertilizers and other products, the use of which is permitted in the national economy;

- Mining, blasting, placement and operation of waste heaps, dumps and landfills.

The legislation provides for a number of restrictive measures relating to the protection of air, in particular:

- Not allowed the production and operation of vehicles and other mobile equipment and installations, in which the content of the emissions of pollutants exceeds, the established standards;

- Cannot be accommodated in homes manufactures industrial character, as well as equipment, are exposed to high noise and vibration;

- Prohibit the entry into service of new and reconstructed enterprises, buildings and other objects that do not satisfy the requirements for air protection.

Дата добавления: 2014-12-16