This Model Law is aimed at preventing and remedying environmental damage. Its primary objective is to establish a legal framework based on the “polluter pays” principle, shifting the financial burden of environmental harm from society to the responsible economic actors. The Law defines key concepts such as environmental damage, protected objects, and preventive and remediation measures, while aligning national systems with international legal standards. It applies broadly to activities capable of causing environmental harm, while excluding specific cases such as force majeure events and certain regulated risks. The Law sets out detailed rights and obligations for economic entities, competent authorities, and the public. Businesses engaged in potentially harmful activities must take preventive measures, promptly address environmental damage, and bear the associated financial responsibility, including through insurance mechanisms. Competent authorities are responsible for monitoring compliance, assessing damage, approving remediation plans, and enforcing liability. Citizens and environmental organizations are granted rights to participate, report harm, and demand action, while also bearing responsibility for environmental protection. A comprehensive system for compensation and restoration is established, including both in-kind and monetary remedies based on the actual cost of restoring the environment. The Law provides methodologies for assessing damage, encourages economic incentives such as insurance and tax benefits, and promotes financial guarantees to ensure coverage of liabilities. It also emphasizes international cooperation, particularly among CIS countries, to address transboundary environmental harm. The final provisions regulate implementation, transition periods, and alignment with domestic and international law, ensuring a structured and enforceable approach to environmental accountability.
2009-12-03