Compensation for Damage Caused by Environmental Torts: Analysis of Topical Legal Issues and Proposals on Improvement of the Legislation of the Russian Federation

Introduction. Nowadays, in the context of growing anthropogenic impact on the environment and emergence of the new global ecological challenges, the problem of compensation for environmental damage has become particularly relevant. Traditionally, environmental damage is understood as a negative change in the environment, resulting in the degradation of natural ecosystems and depletion of natural resources. The consequences of such damage are often deferred and difficult to predict, moreover, a significant amount of state budget is spent on elimination thereof. All the above indicates the inefficiency of the existing mechanisms of civil liability for environmental damage and fosters the search for the new legal solutions. In the 21st century, new ecological threats including global climate change and technological innovations have arisen in addition to the traditional ones, and have become a new challenge for the legal institution of environmental damage compensation. The aim of the article is to analyse the current problems pertaining to the compensation for damage caused by environmental torts, including new risks such as climate harms and threats induced by nanotechnologies, and to formulate proposals on improvement of the environmental and civil legislation of the Russian Federation.
Materials and Methods. The research was conducted using the dialectical and systemic methods, the method of comparative analysis, normative and legal analysis, and the logical method.
Results. It was established that development of legal regulation on environmental damage compensation in Russia and the EU is going in a comparable way. The following problems still persistent for Russia can be listed: the procedure of compensation for the environmental damage (in kind or monetary form), distinction between eligible and unlawful environmental damage, elimination of the accumulated environmental damage, and other issues. New threats in the scope of environmental damage compensation are related to the climate change and implementation of the high technologies (in particular, nanotechnologies). In Russia, the legal mechanism of compensation for damage caused by the new threats is in the beginning of its formation, therefore, the authors propose a number of particular measures to improve the legislation: e.g., adoption of a special Federal Law “On Compensation for Environmental Damage”, which could consolidate fragmented provisions of the Environmental and Civil Laws and take into account the new realities related to the climate change and nanotechnologies.
Discussion and Conclusion. The analysis has revealed that in recent decades the concept of environmental damage has expanded significantly: the international community, including Russia, has transferred from the localized perception of threats to the awareness of emergence of the planetary threats, therefore traditional liability mechanisms have to be adapted to the new scientific and technological progress realities. The world leading legal systems have developed a number of valuable approaches to handling the environmental torts that can also be of interest to the Russian law. Through the adoption of the special directives and laws, they develop the “polluter pays” principle, introduce the mandatory restoration of the environment at the expense of the harm-doer, envisage financial guarantees in the event of harm-doer’s insolvency, and develop the judicial practices.

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