Legal representation in environmental disputes
BRACE Law Firm provides legal services in the field of representing interests in court for the resolution of environmental disputes.
In order to achieve the most effective result in the process of resolving an environmental dispute, it seems necessary to attract lawyers who are professionally involved in resolving issues in this area, since it has certain features, and considering such a category of cases requires fundamental knowledge in the field of environmental law and the mandatory presence of experience in legal support of such disputes.
Every year, the activities of different enterprises have a significant impact to the environment. The amount of damage 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 makes increasingly stringent environmental requirements for enterprises. Nevertheless, such claims sometimes turn out to be unreasonable and biased, and because of this special legal knowledge is required to correctly assess the situation and fully resolve the dispute or problem.
It is noteworthy that when resolving this category of disputes, it is extremely important to maintain a balance of private and public interests with choosing the most equitable approach to resolving a conflict of interest. This is because a negative impact on the environmental situation can lead to emergencies.
Disputes in the field of environmental protection and natural resources arise between different 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 entities are related to the environment and natural resources.
The order of consideration of environmental disputes
Before choosing the method of legal defense, in-depth analysis of the case materials should be carried out, the most correct plan of action should be worked out, since strategic errors cannot be compensated by tactical successes, and from the beginning there should be some plan and strategy of a legal position in the court case. After choosing the method of legal protection, it is necessary to act, making maximum efforts, to achieve the intended result in court.
Environmentally disputes are resolved by state authorities, such as the court of general jurisdiction or the arbitration court by their powers and in the manner established by the current legislation of the Russian Federation.
The claim or other pre-trial procedure for dispute settlement is mandatory in cases stipulated by law or contract (part 5 of article 4 of the Arbitration Procedure Code of the Russian Federation, paragraph 7 of article 132 of the Code of Civil Procedure of the Russian Federation, part 3 of article 4 of the CAS of the Russian Federation). In case of non-compliance with the claim (pre-trial) order, the statement of claim shall be returned by the court (clause 5 part 1 article 129 of the Arbitration Procedure Code of the Russian Federation, paragraph 1 part 1 article 135 of the Code of Civil Procedure of the Russian Federation, paragraph 1 part 1 article 129 of the Code of administrative procedure RF), and in case of acceptance for production - to be left without consideration (Clause 2, Part 1, Art. 148 of the Arbitration Procedure Code of the Russian Federation, Clause 1, Part 1, Art. 222 of the Code of Civil Procedure of the Russian Federation, Clause 1, Part 1, Art.
In arbitration courts, environmental disputes between organizations and individual entrepreneurs without the formation of a legal entity are considered, in the manner determined by the Arbitration Procedure Code of the Russian Federation. By Art. 27 of the Arbitration Procedure Code of the Russian Federation, arbitration courts are subordinate to cases of economic disputes and other cases related to entrepreneurial and other economic activities. In civil arbitration proceedings, disputes are resolved for 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 are subject to disputes arising from public legal relations related to the contestation of environmental regulatory acts.
After going to the court, the parties are entitled to resolve the environmental dispute by signing a settlement agreement. Moreover, this agreement should not violate the interests of the state, citizens and other persons.
- Legal analysis of documents and other evidence submitted by a client regarding the environmental disputes
- Advising by lawyers of BRACE Law Firm on the prospects for trial and/or pre-trial settlement of a dispute
- Drafting and submission of a pre-trial claim (if a mandatory pre-trial procedure is provided or the submission of a pre-trial claim is necessary for other reasons)
- Development of a strategy and tactics for protecting a client in a court
- Collection, preparation and retrieval of evidence for a court case
- Preparation and filing of a statement of claim (application) and other procedural documents on a judicial dispute
- Representation of interests, case management in court by lawyers of BRACE Law Firm and performing all other necessary procedural actions
- Coordination in several parallel cases
- Legal assistance in administrative cases
- Preparation and support of the conclusion of settlement agreements concluded at various stages of the trial
- Appeal of judicial acts in courts of appeal, cassation and supervisory court
- Legal support of enforcement proceedings
- Other legal assistance in court cases on environmental disputes