Specific issues of implementing the federal project "Healing the Volga": legal aspects

Makhmutova Liliya Rinatovna Junior Researcher; Sector of Environmental, Land and Agrarian Law; Institute of State and Law of the Russian Academy of Sciences 10 Znamenka Street, Moscow, 119019, Russia makhmutovalr@gmail.com Other publications by this author

For the establishment of the state, a deep river has always been a source of life and sustenance. Special ecosystems were formed around the rivers, tribes gathered, cities were founded, fortresses were built ^{[1, p. 110]}.

The Russian Federation is one of the most water-rich countries in the world. More than 20 percent of the world's freshwater reserves are concentrated on its territory. The Volga River is the largest in Europe. The area of its drainage basin, which is one of the largest in the world, is 1,360,000 square kilometers ^{[2, p. 175]}. The Volga River is also of great importance in the economy. A significant number of industrial (about 45%) and agricultural (about 50%) enterprises in Russia are located in its basin.

The borders of the Volga basin run through the territory of at least 38 subjects of the Russian Federation. The Volga River flows directly through 15 of them. Within the framework of the national Ecology project, the federal project "Improving the Volga" was approved in 2017. The list of participating entities includes: the Republic of Mari El, the Republic of Tatarstan, the Chuvash Republic, the Astrakhan Region, the Volgograd Region, the Vologda Region, the Ivanovo Region, the Kostroma Region, the Moscow Region, the Nizhny Novgorod Region, and the Samara Region., Saratov Region, Tver Region, Ulyanovsk Region, Yaroslavl Region, and Moscow as the lead participant.

Today, the enormous importance of the Volga waterway is revealed through its functional use as a large freshwater storage facility, habitat and extraction of aquatic biological resources, as well as a source of water for irrigation of farmland (for example, all acreage in the Astrakhan region is watered from the Volga and its tributaries) ^{[3, p. 10]}. It should be borne in mind that the river is also a transport artery through which river vessels annually transport a large amount of cargo. The Volga River is part of the Unified Deep–Water System (hereinafter referred to as the EGS), a water transport hub in the central region of Russia. In the Unified State Register of Natural Resources, the Volga is the key river that permeates the entire European part of Russia ^{[4, p. 73]}.

At the same time, it is impossible not to mention the energy aspect of using the Volga River. Back in the 1930s, the construction of the largest transport, water and energy system in Europe, the Volga-Kama cascade of hydroelectric power plants, began on the river. Volzhskaya HPP alone generated 9 billion 833 million kWh of electricity in 9 months of 2024, these results exceed previous figures for the same period in 2023 by almost 8% ^[5]. Accordingly, electricity is generated here, covering the peak part of electricity consumption. The HPP ensures stable operation of the unified energy system of Russia.

Thus, the importance of the river for the population of the Volga region, and indeed for the whole of Russia, is invaluable, and the need to take active measures to improve the environmental situation in its basin is obvious. The level of harm caused by economic activity directly depends on the intensity of use of the resources and benefits provided by the water body ^{[6, p. 52]}. Anthropogenic factors affect the state of all components of the river ecosystem (water quality, volume, bottom condition, shallowing, flora and fauna, etc.) ^{[7, p. 23]}.

The problem of pollution of the Volga is not new, it has been preoccupied before. And today, the strategic importance of the Volga for our state is not in doubt. The task of legal regulation of public relations for its protection and use is to ensure a systematic approach, which should increase the effectiveness of the implementation of legal measures. To date, it is implemented by a number of regulations at various levels.

Thus, the Constitution of the Russian Federation, in Article 42, establishes the right of everyone to a favorable environment. This key norm demonstrates the importance of creating and maintaining a favorable environment for Russian citizens and is the basis for creating other norms that ensure the conservation and sustainable development of the environment and its components, including the Volga River. The main legislative act regulating legal relations on the use, protection and restoration of various water bodies is the Water Code of the Russian Federation, adopted in 2006 (Federal Law of the Russian Federation, 2006, No. 28, Article 2381). This act contains general provisions governing all water relations under the jurisdiction of the Russian Federation ^{[8, p. 11]}. However, to address the environmental situation in the Volga region, these provisions are not enough, it is necessary to apply a more local approach.

As some researchers have noted, the problem of legal protection of the ecological system of the Volga River and the Volga basin as a whole has been discussed for quite a long time ^{[9, p. 23]}. Acts aimed at resolving the issue of improving the ecological condition of the Volga have been adopted since the 70s. For example, Resolution No. 177 of the Central Committee of the CPSU and the Council of Ministers of the USSR dated March 13, 1972 "On measures to prevent pollution of the Volga and Ural River basins with untreated wastewater" (SP USSR. 1972. No. 5. Art. 30.), which regulated the construction and commissioning of sewage treatment plants necessary for complete wastewater treatment; development and implementation of measures to completely stop by 1980 the discharge of untreated domestic wastewater in all cities located in the basins of the Volga and Ural rivers, the construction (reconstruction) of sewage treatment plants. It was also suggested to consider the possibility of upgrading river vessels for their use in further water purification. According to this decree, 670 complexes of sewage treatment plants and neutralization devices with a total wastewater treatment capacity of over 3 million cubic meters per day were to be built. However, information about the results achieved during the implementation of planned activities, including data on their effectiveness and compliance with established requirements, has not been published in open sources.

In the 1990s. The Government of the Russian Federation has adopted a number of documents (Orders and Resolutions) related to the environmental problems of the Volga basin ^{[10, p. 152]}. Acts were passed concerning certain parts of the Volga River and its basin. For example, in the Decree of the Government of the Russian Federation dated June 20, 1997, No. 750 "On the Federal Target Program for the Development of the Economy and Budgetary Potential of the Chuvash Republic for 1997-2000", it is stated that insufficiently purified waters are discharged into the Sura River, which flows into the Volga River (Federal Law of the Russian Federation, 1997, No. 27, Article 3230.).

Acts related to the Volga River as a whole were also adopted. For example, in 1998, the Government of the Russian Federation adopted Resolution No. 414 of April 24, 1998 "On the federal target program "Improvement of the Ecological situation on the Volga River and its Tributaries, restoration and prevention of degradation of natural complexes of the Volga basin for the period up to 2010" (program "Revival of the Volga") (Federal Law of the Russian Federation. 1998. No. 18, article 2051.).

Interest in the Volga River is also increasing today due to the increasing importance of the Caspian region. On August 12, 2018, the Convention on the Legal Status of the Caspian Sea was signed. According to its provisions, the five riparian countries create conditions for effective protection and increased joint efforts to conserve biological diversity, rational use of available resources, combat pollution of the reservoir and its current shallowing, conduct necessary research and take preventive measures. The Caspian region is intended to become a solid and reliable part of the Eurasian security architecture, which will become the basis of a new multipolar system of international relations ^{[11, p. 188; 12, p. 531]}. On January 17, 2025, the Comprehensive Strategic Partnership Agreement between Russia and Iran was signed in the Kremlin, which, among other provisions, included the establishment of logistical relations, which inevitably leads to an increasing role of the Volga as a river flowing into the Caspian Sea ^[13].

To date, the preservation of the Volga is carried out in accordance with the federal project "Volga Rehabilitation" mentioned above. According to the Decree of the Government of the Russian Federation dated October 31, 2018 No. 1288 "On the organization of project activities in the Government of the Russian Federation", the federal project, which is part of the national project, is a project that ensures the achievement and (or) contribution to the achievement of goals, socially significant results, the fulfillment of the objectives of the national project and their indicators, as well as additional indicators (NW of the Russian Federation. 2018. No. 45. Art. 6947.).

The goal of the federal project "Volga Health Improvement" is to improve the ecological condition of the Volga River and reduce the discharge of untreated wastewater. The project includes the clearing and ecological rehabilitation of water bodies, as well as the construction and reconstruction of culverts. Within the framework of the Volga Rehabilitation project, the connection with the following programs is also indicated: "Reproduction and use of natural resources", "Providing affordable and comfortable housing and communal services to citizens of the Russian Federation", "Environmental protection", "Industrial development and increasing its competitiveness" ^[14].

The project includes a weather plan. Thus, by the end of 2024, it was planned to reduce the proportion of contaminated wastewater discharged into the Volga River by three times and implement a set of measures to restore water bodies in the lower reaches of the Volga, including additional irrigation of the Akhtuba River. However, unfortunately, the results of this project can hardly be considered satisfactory.

When reviewing the process of creating this project, a rather general approach is found that does not solve the problems that were identified by the initiators. This project is also criticized in scientific research. For example, Yu.S. Chuikov and L.Yu. Chuikova note that the Volga Rehabilitation project was initiated primarily by hydraulic builders and is aimed mainly at some engineering solutions (reconstruction and construction of sewage treatment plants), but primarily at hydraulic engineering. Solving only these tasks, while ignoring all other problems, will not be able to radically change the ecological situation in the Volga basin as a whole, and in the Volga-Akhtuba floodplain and the Volga Delta in particular ^{[10, p. 175]}.

Among the disadvantages is the irrational territorial coverage. Simply put, when drafting the project, all the territories that affect the ecosystem of the river were not taken into account. Thus, in its report for 2020, the Accounts Chamber of the Russian Federation identified insufficient coverage of the regions to solve the problem of Volga pollution or at least stabilize the situation, due to the lack of involvement of regions with large polluting enterprises (the Republic of Bashkortostan and the Tula Region) ^{[15, p. 2]}. In our opinion, not all regions that affect the degree of pollution of the river were selected in the list of project participants, as the possibility is being considered to expand the federal project and systematically move to the tributaries of the river from the "pollution center".

The key proposals for the ecological rehabilitation of the Volga River from the Accounting Chamber are as follows:

– to develop a unified scheme for the integrated use and protection of water bodies (SKIOVO) of the Volga River basin;

– establish a list of works related to environmental rehabilitation and clearing of natural water bodies, as well as the procedure for their implementation;

– implement monitoring of the effectiveness of completed works for several years after their completion.

The Accounts Chamber considers it necessary to create a comprehensive federal program aimed at restoring and preventing the degradation of natural complexes in the Volga basin and ensuring sustainable water use.

On February 21, 2023, the President of the Russian Federation delivered a message to the members of the Federal Assembly, where he announced plans to expand recreational activities: "We will continue to improve the health of unique water bodies, including Lake Baikal and the Volga, and in the medium term we will extend this work to our rivers such as the Don, Kama, Irtysh, Ural, Terek, Volkhov and Neva, Lake Ilmen. We must not forget about our medium and small rivers. I draw the attention of all levels of government to this" ^[16]. We are talking about the creation of the federal project "Improvement of water bodies", which will combine the cleaning of water areas not only of the Volga, but also of Lake Baikal, as well as other water resources of Russia, which demonstrates the willingness to continue health-improving measures on the part of the state.

Perhaps the key problem that remains unresolved to this day is the problem identified in the report of the Accounts Chamber of the Russian Federation mentioned above: "There is a lack of consistency in documents at various levels aimed at improving the health of the Volga River. When planning the events, the possible risks were not taken into account, and the potential effectiveness of their implementation was not properly assessed" ^{[15, p. 2]}.

The next set of problems arises at the stage of the implementation of this program. Most likely, it would be fair to conclude that if there is a discrepancy in the actions of federal executive authorities and regional executive authorities at the planning stage, then it will reproduce itself at the stage of project (plan) implementation.

The lack of coordination between different ministries and regional authorities makes it difficult to integrate efforts to improve the condition of the Volga River. Inefficient interaction leads to duplication of work and irrational use of resources. The result is a fragmented approach that hinders the development of comprehensive solutions.

According to experts, the lack of personnel and their low competencies, low salaries in the industry are also among the systemic and characteristic problems for all regions ^[17]. And no less significant is the lack of public control and public involvement in the project implementation process. Without the active participation of citizens in monitoring the implementation of initiatives and the implementation of the project, it is possible to face the inefficiency of the activities carried out.

A detailed analysis of the reasons why the project is not being implemented with the expected effect was carried out by the parliamentary control Commission. According to its chairman, according to the results of the audit conducted by deputies and experts, out of 139 inspected facilities under the Volga Rehabilitation project, only 6 met the targets ^[18]. This indicates the need for a change in approach. It is obvious that the Volga's recovery strategy needs to be adjusted. The plan formation mechanism that was used this time did not pay off, as it mainly set targets. At the implementation stage, as the result showed, this method is also ineffective.

Perhaps a way out can be found by creating a single platform, a single decision-making center that would control the process of improving the Volga River extraterritorially, using the resources of the regions and the Federal government and relying on solving problems based on the situation "on the ground."

There is a clear understanding at all levels that the ecological situation on the river and the procedure for its restoration are of strategic importance and long-term. The rehabilitation of water bodies should be carried out on an ongoing basis and increase its intensity, not only to eliminate negative consequences, but also to refract the situation in a positive direction. It also seems necessary to consider expanding the list of objects subject to state environmental expertise in this regard, taking into account the importance of water bodies, the area of the objects themselves, their basins, as well as their total length ^[19].

The deadline for the implementation of the Federal project "Volga Rehabilitation" has ended, and it should be recognized that the goals are unlikely to be achieved. In view of this, the implementation of this project is unlikely to be considered successful today. It is necessary to develop a transparent action plan, the implementation of which should be the actual purification of one of the main rivers of Russia.

At the same time, there is no doubt that:

– The Volga River is a key water resource for Russia, providing the population with drinking water, irrigation of land and transportation of goods for the European part of the country;

– the ecological state of the Volga River directly affects the health of the population, biodiversity and economic development of the regions located along the river;

– solving the problems of the Volga contributes to the achievement of national environmental goals and improving the quality of life of citizens, as well as supports the sustainable development of the ecosystem (which can be seen in the acts of project planning).

It is obvious that the key problems lie in the area related to the effectiveness of public administration. At the same time, public administration in this case and in general should always rely on expert knowledge. In this regard, it is necessary to involve more applied specialists and experts from this field. The active application of the results of modern research will make it possible to develop more effective action plans to avoid unnecessary waste of funds. But today we are faced with a reduction in the number of scientific centers dealing with the problems of water resources of the Russian Federation. It is these think tanks that formulate science-based strategies, including step-by-step algorithms that are already being implemented as part of the public administration process.

The strategy for implementing measures aimed at "Improving the Volga River" should be based on an integrated approach that includes environmental, economic and social problems, as well as their solutions. Complexity is also necessary in terms of regulatory regulation, since the improvement of water bodies concerns several industries at once: environmental protection, water, as well as legislation in the field of water supply and sanitation, in the field of sanitary and epidemiological welfare, etc. ^{[20, p. 147]}. First of all, it is necessary to conduct a detailed analysis of the current state of the river, set up a technical database for data collection, identify the main sources of pollution and establish priority areas for recreational activities. This will allow you to efficiently allocate resources and focus on the most critical areas.

The Volga basin covers vast territories, and this should be taken into account when preparing and implementing any plans and programs aimed at cleansing and improving water bodies.

In our opinion, it is advisable to recognize the implementation of the current Federal Project as ineffective and adopt a new Federal project to improve the environmental situation of the Volga River. It seems necessary to create a single operator overseeing the implementation of such a Federal project. Combining the efforts of various ministries and departments responsible for environmental protection, water resources and territorial development will create a synergistic effect necessary for the effective implementation of the program.

It also seems advisable to take the following measures:

– eliminate the lack of equipment and modernize the infrastructure for wastewater treatment. Ignoring this problem can lead to permanent environmental risks and problems in achieving the goals of rehabilitation of the key waterway.;

– increasing the planning horizon of the new Federal program – creating a plan until 2050, according to which part of the time will be devoted to analyzing the results and recording data;

– involvement of all regions of the Volga basin in the implementation of the project, rather than a limited number of them;

– introduction of new technologies for water purification and monitoring. At the same time, the lack of necessary scientific developments and innovative solutions makes it difficult to effectively address the problems associated with pollution of the Volga River.;

– creation of analytical centers (think tanks) engaged in a comprehensive study of the problems of the Volga, with the aim of using the results of their activities as scientific support for the implementation of the program. The use of drones and satellite technologies will make it possible to quickly collect data on pollution, as well as monitor the dynamics of changes in the ecosystem. This will ensure more accurate planning of river cleaning and restoration activities, as well as timely response to emergency situations.

In case of successful implementation of the intended goals for the improvement of water bodies, it seems advisable to extend the positive experience to other water basins of the Russian Federation. And as V.I. Danilov-Danilyan said, "the work to restore ecological order in the country is huge, requiring constant attention, daily efforts, and the participation of all those who want to live in Russia and raise their children and grandchildren here. The "rehabilitation of the Volga" is the first, extremely important step in this direction, and the fact that what is planned is not very big compared to what needs to be done for the ecological rehabilitation of Russia should by no means discourage: all great things begin with small things" ^{[21, p. 42]}.