COMPENSATION FOR ENVIRONMENTAL DAMAGE MAY BECOME ONE OF THE MAIN PROBLEMS IN RUSSIA
"The Law" magazine published an article by the head of the analytical service of Infralex Olga Pleshanova on compensation for environmental damage caused by a bankrupt enterprise.
In recent months alone, several major accidents and disasters have occurred, including the spill of 21 tons of petroleum products in Norilsk on May 29. Damage is previously estimated at over 2 billion dollars. Liability for harm is provided for by the Federal Law of 10.01.2002 No. 7-FZ "On Environmental Protection" (hereinafter - the Law on Environmental Protection), as well as by the norms of chapter 8 of the Code of Administrative Offenses and chapter 26 of the Criminal Code of the Russian Federation. Complicating the situation, however, may be the bankruptcy of the person held liable: the bankruptcy law does not contain any special rules regarding the collection of compensation for environmental damage. The relationship of the institution of bankruptcy with the legislation on public legal liability as a whole has been very weakly.2 But if, in principle, the Federal Law of 26.10.2002 No. 127-FZ "On Insolvency (Bankruptcy)" provides for the collection of administrative and criminal fines, then compensation for environmental damage is not mentioned at all.