Legal encyclopedia. Letter P

CRIMES ENVIRONMENTAL

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Socially dangerous guilty actions (action or inaction), encroaching on public relations, providing:

1) preservation of conditions for normal life activity in a favorable natural environment;

2) rational use of natural resources;

3) environmental safety of a person. Head of the Criminal Code "E.P." Contains 17 articles,

Which establish responsibility for both environmental crimes of a general nature, encroaching on the environment in general, and for special environmental crimes that encroach on certain components of the natural environment (water, atmosphere, land, marine environment, wildlife, forests, etc.) .).

The essence of EP is expressed in the fact that they, encroaching on the environmental legal order and environmental safety, do not harm

Only to the natural environment, but also to man, his life and health.

Specific objects of the EP are public relations that ensure environmental law and order and environmental security, i.e. Public relations for the preservation of a favorable environment, rational use of natural resources and ensuring environmental safety of the population.

The subjects of the crimes under consideration may be the surrounding natural environment as a whole, its constituent components: land, mineral resources, soils, surface and groundwaters, atmospheric air, flora, fauna and other organisms, as well as the ozone layer of the atmosphere and near-Earth space, Favorable conditions for the existence of life on earth.

The objective side of the EP is characterized by three elements:

1) by the commission of an act or omission that violates special rules,

Established by the relevant articles of the Criminal Code of the Russian Federation in order to ensure environmental order and environmental safety, and

Warnings of E.P .;

2) the resulting consequence in the form of causing harm to the natural environment or a person or creating a real threat of such infliction;

3) the existence of a causal link between the commission of an act or omission and the resulting consequence.

Actions that violate the rules of criminal law may be:

1) illegal hunting;

2) pollution of water, atmosphere or marine environment;

3) damage to the land, illegal logging;

4) illegal fishing, etc.

The concept of harm caused to the natural environment includes 3 components:

1) actual damage, which includes losses in the natural environment, natural objects and resources, as well as the costs of restoring the disturbed state;

2) losses in the form of unused costs, additional costs;

3) lost profit, i.е. Losses in the form of lost income.

The harm caused by EP can occur in two forms: economic (in the case

Damage to the nature user, his property or income) and environmental (when causing harm to the natural environment and its individual components).

The subject of EP is a physically responsible person who has reached the age of 16 (general subject).

A number of EP's formulations provide for the criminal prosecution of a special subject. For example, a violation of the rules of environmental protection in the performance of work can be performed only by persons responsible for compliance with certain rules. In addition, the qualifying sign of individual crimes is the person's use of his official position.