Legal Issues of Damage Compensation to Soils and Approaches to Their Resolution

The paper analyzes the conflict between legal norms regulating issues re lated to the determination of the extent of damage caused to the environment in gener al and to soils in particular, as well as the content of the specified concept. It examines doctrinal perspectives on the nature of ecological harm to soils. The paper examines current trends in judicial practice, including the practices of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation; it also explains the legal peculiarities of compensating for damage inflicted on soils as integral elements of the environment. Based on the research, the author concludes that Federal Law No. 7-FZ «On Environmental Protection» dated 10 January 2002 contains two opposing approaches to establishing the method for determining the extent of damage and the procedure for compensation. The author makes proposals for improving the legal regulation of damages caused to soils to resolve conflicts in legal regulation and to promote uniformity in judicial and law enforcement practice. In particular, it is necessary to: consolidate at the legislative level the priority of monetary compensation and methodologies; imperatively define exceptional cases where compensation in kind may be applied; approve requirements for the content and procedure for the approval of restoration work projects for the purpose of environmental damage compensation; regulate the procedure for state control (supervision) over the progress of restoration works; and stipulate the composition, procedure, and conditions under which expenses incurred for damage remediation may be applied in determining the monetary extent of the damage.

1. Zinovyeva OA, Vedyshcheva NO, Zhavoronkova NG, et al. Current Issues in Land, Urban Plan ning, and Natural Resource Law. Moscow; Prospekt Publ.; 2023. (In Russ.).

2. Ahmedov AYa. Reasonableness of identifying of a priority method of compensation for harm caused to the environment. Courier of Kutafin Moscow State Law University (MSAL). 2023;(5):204-211. (In Russ.).

3. Zhavoronkova NG, Agafonov VB, Vypkhanova GV, Vedysheva NO. Legal Regulation of Com pensation for Damage Caused to the Environment and Specific Natural Resources. Moscow; Prospekt Publ.; 2023. (In Russ.).

4. Ryzhenkov AYa. Legal regulation of environmental damage compensation: problems of the ory and practice. Courier of Kutafin Moscow State Law University (MSAL). 2020;(3):77-85. (In Russ.).