Payment for environmental pollution should be charged with the companies that produce waste, and not with those who are engaged in their storage and disposal, according to the authorized representative of the Russian government in the Constitutional Court (CC) Michael Barshchevsky.
On Tuesday, the COP began to hear the case of charging for pollution, checking the constitutionality of Article 16 of the law "On Environmental Protection" and the RF Government Decree establishing the rules for determining the payment for environmental pollution. The reason for the consideration of the case was a complaint Ltd. "Topol", which is engaged in the collection, transportation and disposal of waste.
As previously reported by the press service of the court, the constitutional legal dispute arose because of uncertainty rules regarding payment for environmental pollution. Is unclear — whether its pay land owners association (management company) or as specialized organizations dealing with garbage disposal and storage sites for solid waste.
Applicant at the CC meeting on Tuesday represented lawyer Yelena Sorokina. In her speech, she said that charging for pollution should encourage companies to reduce the volume of waste produced. "In the case of LLC" Topol "waste society produces, it lacks control over the amount of waste, and at the same time forced to make payments," — said Sorokin.
Representative to the Constitutional Court of the Federation Council Alexander Salomatkin in his speech expressed the view that the contested regulations do not conflict with the constitution.
The same opinion is shared by the representative of the State Duma in the Constitutional Court Dmitry Vyatkin. "Pollution charges have to pay all those who provide a negative impact on the environment … of course, a number of gaps in the law is compensated by the judicial practice … But to say that the contested provisions do not comply with the Constitution can not" — said Vyatkin.
He added that "of course, to improve the legislation can and should be."
The representative of the Russian government in the Constitutional Court, Mikhail Barshchevsky at the meeting noted that, in his opinion, in this case "must pay the one who makes the dirt, whoever negative impact on the environment has."
According to him, now claims to government regulation, which was contested in the Constitutional Court, the legislators do not. Have a claim to the "who is the payer who should pay."
Barshevsky believes that in its judgment the Constitutional Court will specify the federal legislator that the need to clarify who is the payer in this case. "This payment — not just a collection of money and the fees and incentive compensation," — he said.
According to Barshchevsky, the task of this payment — to bring up the manufacturer and get it to reduce the volume of waste produced. "Legislators give advice — it's your problem," — appealed to the judges Barshchevsky COP.
Its decision on the case, the court will announce at a later meeting.