title: Compensation mechanism as a condition of commercial use of environmental components
metadata.name: dc.contributor.author
metadata.value: Pozdnyakova, Polina V.
metadata.lang: -
metadata.name: dc.date.accessioned
metadata.value: 2020-02-12T12:29:37Z
metadata.lang: -
metadata.name: dc.date.available
metadata.value: 2020-02-12T12:29:37Z
metadata.lang: -
metadata.name: dc.date.issued
metadata.value: 2018-12
metadata.lang: -
metadata.name: dc.identifier.citation
metadata.value: Pozdnyakova, Polina V. 2018. Compensation mechanism as a condition of commercial use of environmental components. Pravovedenie 62 (4): 651–670.
metadata.lang: en_GB
metadata.name: dc.identifier.other
metadata.value: https://doi.org/10.21638/spbu25.2018.405
metadata.lang: -
metadata.name: dc.identifier.uri
metadata.value: http://hdl.handle.net/11701/17092
metadata.lang: -
metadata.name: dc.description.abstract
metadata.value: The mechanism of compensation by the entrepreneur for the harm caused to the environment
  is part of the public-law regime for the use of nature by entrepreneurs; it consists in carrying
  out preventive and remedial measures, according to the draft economic activity. Through
  state environmental assessment and environmental impact assessment, the state assesses
  the adequacy of these measures to reduce the negative impact on the environment, the admissibility
  of the implementation of this economic activity, taking into account their implementation.
  As a result, for an entrepreneur, the limits of activity are established, which is an element
  of the private-legal regime for economic activity by entrepreneurs. If the entrepreneur
  complies with the established limits, carrying out activities in accordance with the project of
  economic activities approved during the state environmental impact assessment, he cannot
  be forced to compensate the damages in order of the tort liability, including under the current
  version of article 1064 of the Civil Code. In the legal relationship of obligation, entrepreneurs
  are liable for responsibility, being responsible for violation of an obligation without fault, but in
  tort obligations, increased responsibility of entrepreneurs is not established. The increased
  civil liability of the entrepreneur for the harm lawfully caused to the environment could be
  established, given that, when starting to carry out economic activities related to the impact
  on the environment, entrepreneurs assume the risk of adverse consequences in the form of
  a negative change in the state of the environment, which is not due to the shortcomings of
  the entrepreneur ‘s behavior (a commercial risk). However, the entrepreneur can only be held
  liable in three cases. First, for harm exceeding the limits of the agreed project of economic activity, second, for failure to carry out preventive and reconstruction measures or for unfair
  performance thereof and third, for activities carried out without passing the state ecological
  expertise. Damage exceeding the established limits can be compensated by insurance
  compensation under the environmental insurance contract. However, within the framework
  of such a model of relations between the entrepreneur and the State, the environmental user
  should be guaranteed that he will not be held liable for damage caused to the environment
  lawfully, as well as that his liability for damage exceeding the limits is limited to the maximum
  amount of insurance compensation.
metadata.lang: en_GB
metadata.name: dc.language.iso
metadata.value: ru
metadata.lang: en_GB
metadata.name: dc.publisher
metadata.value: St Petersburg State University
metadata.lang: en_GB
metadata.name: dc.relation.ispartofseries
metadata.value: Pravovedenie;Volume 62; Issue 4
metadata.lang: -
metadata.name: dc.subject
metadata.value: compensation of harm
metadata.lang: en_GB
metadata.name: dc.subject
metadata.value: legal regime
metadata.lang: en_GB
metadata.name: dc.subject
metadata.value: economic activity
metadata.lang: en_GB
metadata.name: dc.subject
metadata.value: environmental management of entrepreneurs
metadata.lang: en_GB
metadata.name: dc.subject
metadata.value: ecological insurance
metadata.lang: en_GB
metadata.name: dc.subject
metadata.value: tort liability
metadata.lang: en_GB
metadata.name: dc.title
metadata.value: Compensation mechanism as a condition of commercial use of environmental components
metadata.lang: en_GB
metadata.name: dc.type
metadata.value: Article
metadata.lang: en_GB
resources.filename: 651-670.pdf
resources.url: https://dspace.spbu.ru/bitstream/11701/17092/1/651-670.pdf
resources.format: Adobe PDF
resources.size: 656,14 kB