Overview of Pre-Trial Appeals and Court Challenges by Regulated Entities Against Decisions of the Federal Environmental Supervision Authority

Overview of the practice of reviewing complaints from regulated entities submitted under the mandatory pre-trial appeal procedure, as well as the practice of reviewing applications from regulated entities regarding the appeal of decisions by the Federal Service for Supervision of Natural Resource Usage

№
Structural unit of the regulatory legal act
Challenged mandatory requirement
Essence of the appeal
Outcome of pre-trial appeal
Position of the controlling (supervisory) authority
Outcome of judicial appeal

Article 18 of Federal Law No. 89 dated 24.06.1998 "On Waste of Production and Consumption"

Disagree with identified violations
Complaint denied – 6 / Complaint granted – 2

Individual entrepreneurs and legal entities engaged in waste management activities are required to keep records of generated, processed, disposed, neutralized, transferred to other persons, or received from others, as well as placed waste.
Complaint denied – 2 / Complaint granted – 4

Part 3, Article 16.4 of Federal Law No. 7-FZ dated 10.01.2002 "On Environmental Protection"
Legal entities and individual entrepreneurs engaged in activities in the Russian Federation, the continental shelf of the Russian Federation, and the exclusive economic zone of the Russian Federation that negatively impact the environment must pay an environmental impact fee, with the exception of those operating exclusively on objects of Category IV.

Disagree with identified violations
Complaint denied

Part 1, Article 14 of Federal Law No. 89-FZ dated 24.06.1998 "On Waste of Production and Consumption"
Individual entrepreneurs and legal entities that generate waste of classes I-V of hazard during their activities are required to classify such waste into a specific hazard class for confirmation of this classification, according to the procedure established by the federal executive authority authorized by the Government of the Russian Federation. Confirmation of the classification of waste of classes I-V into a specific hazard class is carried out by the federal executive authority authorized by the Government of the Russian Federation.

Disagree with identified violations
Complaint denied – 4 / Complaint granted – 1

Individual entrepreneurs and legal entities that generate waste of classes I-V of hazard during their activities are required to classify such waste into a specific hazard class for confirmation of this classification, according to the procedure established by the federal executive authority authorized by the Government of the Russian Federation. Confirmation of the classification of waste of classes I-V into a specific hazard class is carried out by the federal executive authority authorized by the Government of the Russian Federation.
Complaint denied – 2 / Complaint granted – 2