Which is receiving status information. “Everyone has the right to reliable information about the state of the environment” - how to realize it? Insurance companies in the process of informing citizens

Task. For many years, the Kirov rural construction plant (SSK) unloaded from barges to the banks of the river. Vyatka sand. The place of storage - the village of Krasnoye (within the city of Kirov) is located in the second zone of the sanitary protection zone of the city water intake.

The Kirov City Committee for Nature Protection ordered the SSC to change the sand delivery technology and refused to agree on the allocation land plot for storage of sand. The administration of the Novovyatsky district refused the SSK to allocate land for this purpose.

  • - on what legal grounds is it carried out economic activity in the village of Red;
  • -- what does SSK do to protect the environment;

During the year, the SSK management did not respond to these and repeated similar requests from the Company and citizen S., in connection with which they filed statements of claim (separately) with the court at the location of the defendant to protect the right to receive environmental information.

The court refused to accept the claims.

The former deputy chairman of the Society, citizen K. (by that time not working in the Society) also requested information from the SSC and, having not received a response, filed a claim with the SSC for information, referring to Art. 24 of the Law of the Russian Federation "On Information, Informatization and Information Protection" dated February 20, 1995

What rights of citizens and public associations have been violated?

Are there legal grounds for protecting violated rights in court?

In what form should the protection of the right to information be carried out: in the form of proceedings on a complaint against the actions of officials or in the form of action proceedings?

What steps would you advise citizens, their associations to take in this or similar situation to best protect their environmental rights?

Solve the case.

Decision

Art. 42 of the CRF, everyone has the right to a favorable environment, reliable information about its condition and compensation for damage caused to his health or property by an environmental offense. In addition, for the protection of violated rights in court, there are the following grounds:

Article 3) provides for the basic principle “observance of the right of everyone to receive reliable information about the state of environment, as well as the participation of citizens in decision-making regarding their rights to a healthy environment, in accordance with the law”

Article 12 Federal Law "On Environmental Protection" of January 10, 2002 N 7-FZ (as amended by the Federal Law of 09.05.2005 N 45-FZ). Rights and obligations of public and other non-profit associations carrying out activities in the field of environmental protection

1. Public and other non-profit associations, carrying out activities in the field of environmental protection, have the right:

develop, promote and implement programs in the field of environmental protection in accordance with the established procedure, protect the rights and legitimate interests of citizens in the field of environmental protection, involve citizens on a voluntary basis in the implementation of activities in the field of environmental protection;

at the expense of own and borrowed funds to carry out and promote activities in the field of environmental protection, reproduction natural resources, ensuring environmental safety;

provide assistance to public authorities Russian Federation, state authorities of the constituent entities of the Russian Federation, bodies local government in solving environmental issues;

organize meetings, rallies, demonstrations, marches and pickets, collect signatures for petitions and take part in these events in accordance with the legislation of the Russian Federation, make proposals for holding referendums on environmental protection issues and discussing projects related to environmental protection;

apply to the state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local governments, other organizations and to officials about obtaining timely, complete and reliable information about the state of the environment, about measures to protect it, about the circumstances and facts of economic and other activities that pose a threat to the environment, life, health and property of citizens;

participate in the prescribed manner in the adoption of economic and other decisions, the implementation of which may have a negative impact on the environment, life, health and property of citizens;

apply to the state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local authorities and other organizations with complaints, applications, claims and proposals on issues related to environmental protection, negative impact the environment, and receive timely and informed responses;

organize and conduct hearings in accordance with the established procedure on issues of design, placement of facilities, economic and other activities of which may harm the environment, pose a threat to the life, health and property of citizens;

organize and conduct, in accordance with the established procedure, a public environmental review;

submit to the state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local authorities, the court an appeal to cancel decisions on the design, placement, construction, reconstruction, operation of facilities whose economic and other activities may have a negative impact on the environment, on restriction, suspension and termination of economic and other activities that have a negative impact on the environment;

sue in court for damages to the environment;

exercise other rights provided by law.

2. Public and other non-profit associations, when carrying out activities in the field of environmental protection, are obliged to comply with the requirements in the field of environmental protection.

Article 24 of the Federal Law "On Information, Informatization and Information Protection" of February 20, 1995 N 24-FZ (as amended by the Federal Law of 10.01.2003 N 15-FZ) .

1. Denial of access to open information or the provision of knowingly false information to users can be appealed in court.

Non-fulfillment or improper fulfillment of obligations under a supply, purchase and sale agreement, under other forms of exchange information resources between organizations are considered by the arbitration court.

In all cases, persons who are denied access to information, and persons who have received false information, have the right to compensation for the damage they have suffered.

  • 2. The Court considers disputes about the unreasonable classification of information as information with restricted access, claims for damages in cases of unreasonable refusal to provide information to users or as a result of other violations of users' rights.
  • 3. Heads, other employees of public authorities, organizations guilty of illegally restricting access to information and violating the information protection regime, are liable in accordance with criminal, civil and administrative law.

Therefore, it is best and more weighty to protect the right of citizens to information in the form of lawsuit proceedings.

For the most effective protection of their environmental rights, one should file a complaint or an application for bringing the perpetrators to administrative responsibility to higher instances of the prosecutor's office and the court.

environmental law information environment

Literature

  • 1. Brinchuk M.M. Environmental law (environmental law): Textbook. Moscow: Yurist, 1999. 688 p.
  • 2. Erofeev B.V. Russian Environmental Law: Textbook. Moscow: Yurist, 1996. 624 p.
  • 3. Bogolyubov S.A. Environmental law. Textbook for high schools. M.: Publishing group NORMA-INFRA-M, 1998. 448 p.
  • 4. Environmental law in Russia: Textbook / ed. V.D. Ermakova, A.Ya. Sukharev. M.: IMPE, 1997. 478 p.
  • 5. Commentary on the Law of the RSFSR “On the Protection of the Environment” / ed. ed. S.A. Bogolyubov. M.: Publishing group INFRA-M-NORMA, 1997. 382 p.
  • 6. Makovik R.S. Environmental law. Definitions, schemes, comments. Moscow: Manuscript, 1996. 88 p.

PROCEDURE FOR PROVIDING INFORMATION

on the state of health of patients undergoing inpatient treatment at the Federal State Budgetary Institution “FTSSSH” of the Ministry of Health of Russia, Krasnoyarsk (hereinafter referred to as the Center), relatives and friends of patients.


1. Providing information about the state of health of a patient undergoing inpatient treatment at the Center is carried out only to persons indicated by the patient in the authorization form for the transfer of information constituting a medical secret. This form is filled out by the patient during the registration of hospitalization in the emergency department and is placed in the medical history. Responsible for filling out the form and placing in the medical history is nurse reception department.

2. Information about the patient's health status to persons to whom the patient has given consent to receive information may be provided by the attending physician, operating surgeon, head of the department, resuscitator or head of the intensive care unit when the patient is in the intensive care unit.

3. Information about the patient may be obtained in a personal conversation with a doctor or with the head of the department, or by telephone. If the patient indicates a specific person to receive information, the transfer method is only face-to-face - after the provision of documents confirming the identity and verification of their data with those specified by the patient in consent to the transfer of data.

4. On weekdays, information about the patient's health status is provided by the attending physician or operating surgeon at a personal meeting or by phone number of the internship from 14.00 to 16.00 (including information about patients in the anesthesiology and intensive care unit). Information about the condition of patients transferred to the intensive care unit after 16.00 is provided on that day by the doctor on duty resuscitator or on-duty pediatric resuscitator from 20.00 - 22.00 at the telephone number of the internship or medical post, or at a face-to-face meeting.

5. On weekends and holidays information about the health status of patients being treated in the anesthesiology and intensive care unit is provided by the doctor on duty resuscitator or on-duty pediatric resuscitator from 10.00 to 12.00 and from 20.00 to 22.00 by the telephone number of the internship or medical post, or at a face-to-face meeting.

6. Information about the patient’s health status is received from the head of the department either directly by contacting the phone number of the office of the head of the department at work time or through the attending physician, who is obliged to inform the latter of the need to clarify the patient's state of health. The head of the department within 2 working days must ensure the provision of information over the phone or at a face-to-face meeting.

7. Other employees of the Center, except for the persons specified in paragraph 2 of this Procedure, are prohibited from providing any information about the patient's condition. Information about the request received, about the patient's condition must be transferred to the patient's attending physician or operating surgeon, while the patient is in the intensive care unit - to the resuscitator.

RRS Ufa

UDC 621.317.3

OBTAINING INFORMATION ON THE STATE AND PARAMETERS OF COMPLEX HEAT-DEPENDENT OBJECTS

V. G. Gusev, A. Yu. Demin, T. V. Mirina

The issues of creating measuring systems for estimating the parameters of complex heat-dependent objects are considered. The research results are discussed.

Key words: measuring systems, measuring transducers, diagnostics, heat-dependent objects, specified electrical power.

Heat-dependent objects are those devices whose parameters depend on the power with which they are affected and the time during which the state of thermodynamic equilibrium occurs in the system, i.e., on the energy expended to obtain a new state of the object. These include both temperature-dependent elements and devices with non-linear current-voltage characteristics (CVC). Essentially, the terms "nonlinearity" and "heat dependence" characterize the same property of a physical body. Any real-life object with a nonlinear I–V characteristic is classified as a heat-dependent object, and any heat-dependent object has a nonlinearity in the I–V characteristic. At the conceptual level, the difference in these terms is quantitative.

With rapidly observed manifestations, one speaks of a nonlinearity in the object, and with slow manifestations, one speaks of a temperature dependence. In this article, this distinction is not made, but the single term "heat-dependent object" is used, regardless of the period of time during which the object's properties are revealed. Moreover, the phenomenological reasons for the manifestation of thermal dependence or nonlinearity are not considered.

In real-life heat-dependent objects, which include semiconductor devices, devices containing liquids, as well as living systems and organisms, it is necessary to evaluate the parameters characterizing their state or compliance with the declared properties and characteristics. With their help, certification is carried out and suitability for use for a specific purpose is determined. In biological objects, according to the values ​​of the parameters, they try to determine the causes due to which deviations from the normal functioning of the organism occurred, i.e., diagnostics are performed based on the principles of maximum likelihood.

To obtain information about the state of complex systems, their equivalent circuit is usually considered and a measuring circuit is created, with the help of which it is possible to estimate the value or range of changes in the value

values ​​of the element that is most important for evaluating the properties or state of this object.

In the case of heat-dependent objects, the task is complicated by the fact that stable and reproducible results can only be obtained if the energy modes created by the measuring circuits are stable and unchanged for any object of this type, and the transient processes of establishing the state due to the energy interaction of the object with the measuring circuit, end by the time the result is received. The latter indicates that a state of thermodynamic equilibrium has come, in which there is a balance between the external energy introduced into the object and the energy taken from it. Only in equilibrium and certainty with the thermodynamic state of the system can reproducible results be obtained, and it becomes possible to quantify and normalize the values ​​of the corresponding parameters.

In technical objects, the problem of thermal dependence of parameters is circumvented by introducing into them during measurements the minimum amount of energy that could change their basic properties, and by stabilizing the conditions under which they are evaluated. With regard to objects of wildlife, this is much more difficult to do due to the large dynamic range in which sensitivity to external influences is manifested (up to 1012), the uncertainty with the threshold value, after which the thermal dependence begins to manifest itself, a large number artifacts that distort the information received. Without taking into account the actual thermal dependence of technical devices and especially in living objects, it is not possible to obtain objective and reproducible information about their parameters or state.

Let us explain the stated idea with an example. During the 1960s and 1990s, electronics experts tried to create diagnostic devices that would evaluate the condition of acupuncture points (TA) used for acupuncture. According to their parameters, diagnostics and

66 _ Beepvogv & Vuvgetv No. 8.2009

О 100 200 3 00 I, μA

Rice. 1. View of the CVC of the skin (1) and at the acupuncture point (2)

I-1-1-1-1-1-1-1-1-1-1-1-

100 300 600 900 1200 R, µW

0 300 600 900 1200 R, μW b)

Rice. 2. CVC at the acupuncture point (a) and for the skin (b), rearranged in the coordinates R = f(P)

optimize treatment regimens. Numerous conferences were held, doctoral dissertations were defended, devices for assessing the electrical conductivity of TA and diagnostic systems based on them were produced and are being produced. But they did not receive recognition from the scientific medical community due to poor reproducibility of the results obtained. It is now clear that positive results could not be obtained due to the fact that any living organism is a complex non-linear heat-dependent system. So, the I–V characteristics of the section between two electrodes, obtained in the thermodynamic equilibrium mode, including with the measuring circuit, have the form

shown in fig. 1. Moreover, curve 1 characterizes the CVC for the skin, and curve 2 - for the acupuncture point.

I–V characteristics, rearranged in the coordinates R = /(P), where R is the resistance of the zone between the electrodes, P is the electrical power dissipated in this area, are shown in Fig. 2. It can be seen here that the value of the resistance between the two electrodes varies significantly depending on the electrical power dissipated during measurements by the measuring circuit. Thus, the electrical resistance in TA varies from 510 kΩ at a dissipation power P = 50 μW to 41 kΩ at a power P = 1980 μW. For the skin outside the TA, the resistance varies from 1400 kOhm at P = 35 µW to 5700 kOhm at P = 275 µW and 70 kOhm at P = 2800 µW.

Estimated resistance values ​​at one of the acupuncture points, obtained by processing the data given in the work, are presented in the table. The given data clearly show that for heat-dependent objects, the results obtained are highly variable and depend on the electric power at which they were evaluated. Consequently, any normalization of the values ​​of the electrical parameters of heat-dependent objects is possible and rational only for cases where the value of the electrical power involved in the process of interaction with it is clearly defined. Moreover, if the result is obtained during a short time of interaction with the measuring circuit with a shorter duration of parameter establishment than is necessary to establish the state of thermodynamic equilibrium, then the data obtained will characterize the state of thermodynamic equilibrium in the system that existed before the moment the measuring circuit was connected. After a period of time, determined by the object's own properties, the process of establishing a new state of thermodynamic equilibrium will occur. The obtained data will characterize the properties of the object in the new thermodynamic state of equilibrium.

From this follow the following conclusions:

The parameters of a heat-dependent object should be determined using technical means, which

The values ​​of resistance in the TA and outside the TA zone, depending on the value of the electric power P (P = O/)

At the zu-san-li point Outside the acupuncture points

R, μW R, kΩ R, μW R, kΩ

300 330 171 2100

552 130 230 2300

1260 39 950 3800

1980 41 1020 283

there is a constant known thermodynamic perturbation in the object;

The duration of the thermodynamic perturbation should be such that the state of thermodynamic equilibrium is established in the object, therefore, the results obtained for a certain time will depend on the value of the energy A = P-1, which is introduced into the heat-dependent object.

Only when these circumstances are taken into account, it is possible to create devices that allow obtaining stable, reproducible and metrologically reliable information about the properties of a heat-dependent object or its state.

However, if a heat-dependent object has a rather complex internal structure, then the amount of information obtained with the help of technical means operating in the mode of a given value of the electric power of interaction with the object of measurement will not be enough for an unambiguous interpretation of the causes of the deviations that have arisen, i.e., identification of the main indicators of the "black box", which is the object of study. To increase the reliability of the assessment, it is necessary to use the operations of interaction between the object and the source, which ensures the dissipation of a constant average value of electric power in the load (in this case, the frequency of exposure may vary). This will give certainty and reproducibility of the electrical regime in which information about the parameters of the heat-dependent element is obtained.

Additional information about the state of the heat-dependent object is provided by measurements of the properties of the object in the idle mode of the electrodes and when they are short-circuited, in which the electric current flowing in the circuit is measured. When using a combination of these modes, carried out in a certain sequence, it is possible to obtain a large amount of information about the parameters and the state of heat-dependent objects. Moreover, the metrological reliability of the information will be much greater than is currently obtained using traditional approaches and applied methods. To obtain the maximum amount of information about the properties of a heat-dependent object, which in the general case can be classified as electrically active, it is advisable to carry out assessments in the following modes:

Idling measuring

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  • FEATURES OF CONSTRUCTION OF DEVICES FOR LOCAL QUASI-RESONANT IMPACT ON A BIOORGANISM

    GUSEV VLADIMIR GEORGIEVICH, MIRINA TATYANA VLADIMIROVNA - 2004

    • The concept and types of environmental rights of citizens.

    Under environmental human rights understood the rights of the individual recognized and enshrined in legislation, ensuring the satisfaction of various human needs in interaction with nature.

    The fundamental rights are enshrined in the Constitution:

    1. the right to a favorable environment,

    2. the right to reliable information about her condition

    3. the right to compensation for damage caused to his health or property by an environmental offense

    The Federal Law "On Environmental Protection" partially reproduces constitutional environmental rights, but in a worse version. According to Art. 11 analysis of environmental rights enshrined in legislation, i.e. human rights to nature or related to nature, allows them to be grouped into the following groups:

    Rights aimed at meeting human needs at the expense of natural resources. These include right to a healthy environment and environmental rights(water use, subsoil use, forest use).

    Rights aimed at protecting health from the adverse effects of the environment. the right to health care (art. 41), to work in conditions that meet safety requirements(art. 37), as well as radiation safety

    Rights that serve as a means of enforcing and protecting the rights to a favorable environment and protection of health from the adverse effects of the environment.

    the right to reliable information about the state of the environment,

    ü for compensation for damage caused to human health or property by an environmental offense,

    ü to protect the environment from the negative impact caused by economic and other activities, natural and man-made emergencies, to compensate for damage to the environment

    ü create public associations, funds and other non-profit organizations carrying out activities in the field of environmental protection;

    ü take part in meetings, rallies, demonstrations, marches and picketing, collecting signatures for petitions, referendums on environmental issues

    The right to apply for information about the state of the environment.

    Citizens own the right to submit applications to the state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation, local governments, other organizations and officials about receiving timely, complete and reliable information about the state of the environment in their places of residence, measures for its protection.

    Information - any information, regardless of the form of their presentation.

    The object of relations arising in the course of the implementation of the right of citizens to environmental information is itself environmental information, which may contain information:

    On the state of the earth, soil, subsoil, water, atmospheric air, flora and fauna, natural complexes;

    About an environmental threat or risk to human health and life; on chemical, physical and biological impacts on the state and objects of the environment and their sources;

    On activities that adversely affect or may affect natural objects and humans;

    On measures for the protection of the environment, including legal, administrative and other;

    On the activities of state bodies, legal entities and citizens-entrepreneurs in the field of natural resources management, nature management, environmental protection, enforcement and protection of environmental rights and legitimate interests of individuals and legal entities, if the need for such activities is established by the legislation of the Russian Federation.

    The guarantees of the rights of citizens are the timeliness of the provision of environmental information by official bodies, its reliability and completeness.

    So, credible undistorted environmentally significant information is recognized that is or should be available to specially authorized state bodies in the field of nature management and environmental protection and other subjects of law within their competence.

    Complete can be considered information that is transmitted to interested parties to the extent that it can or should have it government agency, local government or other owner (owner) of information resources.

    timely information transmitted to the person who applied for it may be recognized as soon as possible from the moment of the request and, without fail, before the expiration of the period specified in the legislation, if any. In the event that the authorities do not respond within 1 month to the request of citizens to obtain information about the state of the environment in their places of residence, citizens in such a situation have the right to file a complaint with a higher authority or court.

    Code of Administrative Offenses of the Russian Federation (Article 8.5) provides administrative responsibility for "concealing or misrepresenting environmental information." ( Concealment, deliberate misrepresentation or untimely communication complete and reliable information about the state of the environment and natural resources, about sources of pollution of the environment and natural resources or other harmful effects on the environment and natural resources, about the radiation situation, as well as distortion of information about the state of land, water bodies and other environmental objects persons required to provide such information).

    It continues environmental and legal education of citizens and presents to your attention another infographic on the topic “Openness of environmental information”.

    First of all, it is necessary to understand what environmental information is and how its openness is expressed. According to the environmental handbook, environmental information is “any information in written, audiovisual, electronic or any other material form about the state of the elements of the environment; factors that have or can have an impact on elements of the environment; the health and safety of people; living conditions of people; state of cultural objects, buildings and structures. The openness of this information implies unhindered access to information about the state of the environment by the public, as well as the opportunity to take part in solving environmental problems.

    AT Russian legislation, unlike directories, there is no definition of environmental information, and the rules governing its receipt are rather formal, declarative. However, the issue of obtaining environmental information is extremely important. First of all, because the right to receive it is enshrined in Article 42 of the Constitution of the Russian Federation.


    Moreover, concealment, distortion or non-provision of environmental information can lead to administrative and even criminal liability in relation to persons who are obliged to provide it.

    What kind of environmental information and in what form should it be provided? Information about this can be found in Federal Law No. 7 “On the Environment” dated January 10, 2002 and in more than 30 special federal laws. The environmental information to which you are entitled, according to these documents, must have three essential characteristics - to be complete, reliable and timely. Without going into long reflections on this debatable and sometimes controversial topic, we decided to immediately tell you where to look for environmental information.

    The existing information can be found in many sources. Both government agencies and the media publish new laws and documents in the field of environmental protection. Many government agencies have electronic reception desks where you can send an appeal yourself if you do not find the information you need in the public domain. The main sources of environmental information include:

    - Ministry of Natural Resources and his departments Rosprirodnadzor, Federal Service for Supervision of Natural Resources, Federal Agency for Subsoil Use, Federal Agency for Water Resources, Federal Forestry Agency);
    - Roshydromet - the main body that monitors the environment;
    - Rostekhnadzor, Rosselkhoznadzor, Rospotrebnadzor;
    - help systems Consultant Plus and Garant . They partially provide free access, but a paid subscription is required to access the entire document database. These systems include legislation in all sectors, including those from the field of ecology;
    - portals and sections of open data. There are federal level portals, for example, state or open government portal , as well as open data portals in individual regions and private;
    - Rosreestr , whose website publishes information related to land monitoring and land management, including those that are part of nature reserves, national parks, etc.
    - "Russian newspaper" , which promptly publishes the latest changes in federal legislation. Documents at the regional level are published in regional and local publications;
    - in regional and municipal departments.
    Also important information can be published by companies and organizations that somehow work in the field of environmental management.

    Of course, getting the necessary environmental information is sometimes a little problematic, although the right to it is prescribed by law. Patience is needed both in order to find some confusing sites necessary information, and in order to wait for an answer if you sent questions of interest through the reception (on average, the processing time for the appeal is 30 days).

    Funds used in project implementation state support, allocated as a grant in accordance with the order of the President of the Russian Federation dated 01.04.2015. No 79-rp and on the basis of a competition held by the Movement "