Representation in court in disputes on violation of environmental legislation in Russia
Every year, the activities of various types of enterprises have a significant impact on the state of the environment. The amount of damage caused to the environment is growing along with the growth in the development of production and the development of natural resources. For this reason, the state imposes increasingly stringent environmental requirements on enterprises. However, environmental litigation claims are quite complex, and therefore require special legal knowledge in order to properly assess the situation and fully resolve environmental disputes.
It is noteworthy that when resolving environmental disputes, it is extremely important to maintain a balance of private and public interests with the choice of the most fair approach in resolving the conflict of interest that has arisen. This is due to the fact that a negative impact on the environmental situation can lead to emergencies.
Disputes in the field of environmental protection and natural resources arise between various subjects of legal relations, such as state bodies and institutions, regional and municipal organizations, individuals and legal entities. Environmental disputes may arise regardless of whether or not the activities of these subjects of legal relations are connected with the environment, natural resources.
Procedure for Environmental Litigation
Before choosing the means and method of legal protection, a deep analysis of the case materials should be carried out, the most correct plan of action should be developed, since strategic mistakes cannot be compensated for by tactical successes, and from the very beginning there should be a plan and strategy for a legal position in a court case. After choosing the means and method of legal protection, it is necessary to act, making every effort, to achieve the intended result in court.
Environmental disputes are resolved by state authorities, a court of general jurisdiction or an arbitration court in accordance with their authority and in the manner established by the current legislation of the Russian Federation.
Arbitration courts consider environmental disputes between organizations and individual entrepreneurs without forming a legal entity, in the manner prescribed by the Arbitration Procedure Code of the Russian Federation. In accordance with Art. 27 of the Russian Arbitration Procedure Code, arbitration courts have jurisdiction over cases on economic disputes and other cases related to the implementation of entrepreneurial and other economic activities. In arbitration civil proceedings, disputes are resolved on compensation for environmental damage caused as a result of the activities of economic entities. In addition to civil cases, courts of general jurisdiction and arbitration courts have jurisdiction over disputes arising from public legal relations related to challenging environmental regulations.
After applying to the court, the parties have the right to resolve the environmental dispute that has arisen by signing a settlement agreement. Moreover, this agreement should not violate the interests of the state, citizens and other persons.