Davydov A.A.
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Legal regulations for the development of project documentation for the performance of work to eliminate the accumulated harm to the environmentMoscow University Bulletin. Series 11. Law. 2021. 5. p.126-138read more459
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One of the topical problems of compensation for environmental damage is the elimination of accumulated environmental damage (AED). These include objects of unauthorized disposal of waste of past activities, which currently do not have a proper owner. The negative consequences of AED are manifested in the form of the same harm as from current economic and other activities, and with the legal qualification of harm as accumulated, only the fact of termination of the activity as a result of which such harm is caused matters. The current owners of enterprises, who are not the cause of the accumulated harm from past economic activities, cannot be held liable for its elimination. The planned result of the work on the elimination of AED is to bring the physical, chemical and biological indicators of the state of contaminated areas in accordance with environmental quality standards. Modern legislation does not give a complete and unambiguous idea of the necessary actions to eliminate environmental damage from the facilities of the AED. In such a situation, the issue of the quality of the development of project documentation on the performance of work on the liquidation of the AED facilities seems to be especially relevant. The article is devoted to the analysis of regulations governing the development of such documentation.
Keywords: environment; accumulated environmental damage; environmental protection projects; regulatory legal acts; capital construction object; land reclamation; sanitary protection zone
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