To the Question of Gross Violations of Planned On-site Inspections in the Implementation of State Environmental Supervision in the Field of Atmospheric Air Protection

Abstract

This article deals with the controversial aspects of the implementation of the state ecological supervision of protection of atmospheric air. The Author focuses on gross violations of inspections: late submission of the inspection report to the inspected person, legality of obtaining results of tests of emissions into atmospheric air outside the inspection period, and the question about the possibility of changes in the list of officials authorized to conduct the inspection during the inspection. The presented scientific article analyzes not only theoretical aspect (normative legal acts), but also practical aspect (judicial practice) on the considered problems. The analysis of the existing normative legal acts and judicial practice allows the Author to formulate conclusions about the possibility of recognizing violations committed by inspectors during on-site inspections as grounds for invalidating the results of the audit. At the conclusion of the article the author formulates the conclusion about the absence of necessary amendments to existing legislation and it is spoken about need of the edition at the level of the Ministry of natural resources and ecology of the Russian Federation of the explanatory provision concerning implementation of the state ecological supervision formulating answers to the considered disputable aspects.