Review of the practice of considering complaints of controlled entities submitted in the procedure of mandatory pre-trial appeal, as well as the practice of courts considering statements of controlled entities on appealing decisions of the Federal Service for Supervision of Natural Resource Usage

№
Structural unit of the regulatory legal act
Contested mandatory requirement
Essence of the appeal
Result of the pre-trial appeal
Position of the supervisory authority
Result of the judicial appeal

Clause 1 of Article 16 of the Federal Law dated 10.01.2002 No. 7-FZ "On Environmental Protection"
Payment for negative impact on the environment is charged for the following types: emissions of pollutants into the atmospheric air from stationary sources; discharges of pollutants into water bodies; storage, disposal of production and consumption waste (waste placement), including stockpiling of by-products in accordance with part 8 of Article 51.1 of Federal Law No. 7-FZ "On Environmental Protection" dated 10.01.2002; storage of overburden and enclosing rock recognized as production and consumption waste according to Article 23.5 of the Law of the Russian Federation No. 2395-I "On Subsoil" dated 21.02.1992

Disagree with the identified violations
Complaint rejected – 3
Payment for negative environmental impact is charged in accordance with part 1 of Article 16 of Federal Law No. 7-FZ "On Environmental Protection" dated 10.01.2002
Case is in progress, substantive decision not made

Article 19 of the Federal Law dated 24.06.1998 No. 89-FZ "On Production and Consumption Waste"

Individual entrepreneurs and legal entities engaged in waste management activities are obliged to maintain records in the prescribed manner of generated, processed, utilized, neutralized, transferred to other persons or received from other persons, as well as disposed waste. The procedure for accounting in the field of waste management is established by federal executive authorities competent in the field of waste management; the procedure for statistical accounting in the field of waste management is established by the federal executive authority responsible for forming official statistical information on social, economic, demographic, environmental, and other public processes in the Russian Federation.

Disagree with the identified violations
Complaint rejected – 5
Individual entrepreneurs and legal entities engaged in waste management activities are obliged to maintain records in the prescribed manner of generated, processed, utilized, neutralized, transferred to other persons or received from other persons, as well as disposed waste.
Case is in progress, substantive decision not made

Part 6 of Article 56 of the Water Code of the Russian Federation
Discharge of wastewater into water bodies containing radioactive substances, pesticides, agrochemicals, and other substances and compounds hazardous to human health exceeding the permissible impact standards on water bodies is prohibited

Disagree with the identified violations
Complaint rejected – 3 / upheld – 3
Discharge of wastewater into water bodies containing radioactive substances, pesticides, agrochemicals, and other substances and compounds hazardous to human health exceeding the permissible impact standards on water bodies is prohibited
Complaint rejected – 2

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