Экологический комплаенс – институт частного или публичного права?

Право. Журнал Высшей школы экономики. 2024. Т. 17. № 4. С. 28–52.

Позднякова П. В.

The article is devoted to the issue of institutional affiliation of environmental compliance in Russian law Environmental compliance is an actively developing practice of companies, but has not yet been regulated by law According to the author, environmental compliance can become one of the key tools for solving environmental problems in Russia, as it involves the introduction of systems for the prevention of environmental violations at the level of individual natural resource users That is why the question of studying its characteristics as a phenomenon of reality, as well as the study of its legal regime, which will allow us to develop an optimal model of legal regulation in the future, is of particular relevance It is analyzed the private legal components of environmental compliance, examines the features and elements of the environmental compliance system, including from the perspective of the practice of Russian companies In addition, the reasons for the spread of environmental compliance in the practice of companies were investigated, among which the rapid changes in environmental legislation, increased administrative influence and other The author also discusses the public legal framework of environmental compliance in relation to the institution of state environmental control As an example of the publication of private law in the context of the institution of environmental compliance, an experiment on consulting investment projects regarding compliance with environmental legislation was analyzed As an example of the privatization of public law, the introduction of elements of risk prevention in state control is discussed Given the limited consolidation of environmental compliance instruments, the sphere of environmental control largely remains in the traditional public legal framework and is less susceptible to privatization, while there is a trend to publish existing private law institutions It is concluded environmental compliance is a complex legal institution that is not limited to environmental, corporate legal regulation, state control over compliance with mandatory requirements or other legal regulation and combines both private and public law norms.

Keywords: экологический менеджмент, профилактика правонарушений, environmental management, экологические правонарушения, обязательные требования, prevention of violations, mandatory requirements, environmental compliance, environmental violation, convergence of private and public law, environmental control, конвергенция частного и публичного права, экологический комплаенс, экологический надзор