Environmental crimes are ... Concept, types and classification

Increasingly, from television screens, from the pages of newspapers and magazines, sites on the Internet, you can see and hear the call for a careful attitude to natural wealth. The Russian Federation has environmental legislation in place that aims to preserve nature. Not only the fear of receiving a real term or a substantial fine for the damage to the natural environment should stop offenders, but also the realization that the consequences of environmental crimes are large-scale changes that negatively affect the person himself. Next, we consider the varieties of such offenses, features and legislative acts.

The concept of environmental crime

Acts fall into this category that encroach on the environment and its components, which, when used correctly, guarantee the life of a person and his environmental safety.

The elements of crime recorded in the Criminal Code that relate to environmental protection and nature management can be divided into several categories.

Environmental offense groups

The following subdivisions are divided into groups:

1. Special
2. Adjacent.
3. Additional.

The first group is reflected in the chapter “Environmental crimes” and implies criminal liability for the following acts:

1. Causing significant harm to the environment during the implementation of production activities.
2. Improper handling of hazardous waste.
3. Violation of accepted norms and rules when handling biological toxins.
4. Water pollution.
5. Soil pollution.
6. For violation of the rules for the use of the earth's interior.
7. Illegal hunting.
8. For the destruction of species listed in the Red Book.

This group also includes ill-treatment of our four-legged friends, violation of safety rules in the nuclear energy industry.

Related offenses can be considered those that perform certain functions in certain circumstances, for example:

1. The implementation of illegal land transactions.
2. Terrorism.
3. Violation of environmental safety rules during construction.
4. Explosive work with violations.

Additional structures include crimes affecting the interests of the state and local authorities:

1. Abuse of authority.
2. Negligent attitude to their duties.
3. Official forgery.

In the commission of these crimes, penalties are applied directly to those representatives of the authorities who, through their actions or inaction, contributed to causing harm to the environment.

Environmental Laws

Environmental law is one of the elements of the country's legislation. According to the law, legal acts must have an objective form in order to be considered as such. The Constitution states that acts enter into force only after they are officially published.

The peculiarities of environmental legislation include the fact that norms in this area often affect related legal resources.

The source of environmental law is:

• Constitution. Her articles formulate basic human rights affecting the environmental sphere. For example, article 42 fixes the right of every citizen to a favorable environmental situation, to compensation as a result of environmental crimes. Article 9 states that all natural resources on the territory of Russia are subject to protection, and environmental facilities may be of any type of property. Article 72 of the Constitution defines the regulation of the use of environmental facilities of the Russian Federation and its subjects.

• For the delimitation of powers between federal bodies and subjects of the federation, federal treaties exist.
• There is international law. Article 15 of the Constitution states that international standards are a priority.
• In 2002, the Law on Environmental Protection was adopted. There are also regulatory codes: Forest, Land and Water. The law "On the bowels", "On the animal kingdom." Regulates responsibility for environmental crimes of the Criminal Code in chapter 26.
• Environmental issues are addressed in acts of the president, for example, the decree “On Natural Resources”.
• The executive function is the prerogative of government acts. They are developing special programs for radioactive waste and their disposal, to prevent negative climate disturbances.
• Acts of the State Committee for Environmental Protection, the Ministry of Agriculture, Natural Resources.
• Legislative acts and resolutions of constituent entities of the Russian Federation.
• Normative acts of local self-government bodies that regulate the environmental function.
• Some industries without fail adopt local acts related to environmental protection if the activities of the enterprise can directly or indirectly harm nature.
• Decisions of the Arbitration and Constitutional Courts.

Given such a large number of acts, decrees and laws, it can be firmly said that environmental crimes are an area that receives a lot of attention at the legislative level. This is not without reason, since the state of the environment directly affects human health. The slightest changes in the environment immediately affect the entire population. By committing a criminal environmental crime, a person or company encroaches not only on the state of the environment, but also on people's health.

According to the Criminal Code, such offenses can be expressed not only in the form of specific actions, but also, on the contrary, when the responsible person has not taken appropriate measures to prevent the crime. Criminal liability for environmental crimes has begun since 16 years and can be applied not only to officials, but also to individuals.

What is the subject of such offenses

Crimes against the environment are reflected in the legislation, but are described rather briefly. For a clear understanding, it is important to understand what in this case can be the object of such an offense.

The courts have given such an explanation on this matter that the following can be attributed to the objects:

1. Natural resources.
2. The rights of citizens to a favorable environmental situation.
3. The constancy of nature.

Environmental crimes of the Russian Federation can be committed against any natural object. Legally protected:

1. The bowels of the earth.
2. Water.
3. The soil.
4. Air.
5. Ozone layer.
6. The woods.
7. Animal and plant world.
8. Ecosystems.
9. Landscapes of nature.

The nuances of offenses against the environment

When investigating environmental crimes, it is important to consider two points:

1. Matter regarding which an unlawful act was committed, for example, air, water, soil.
2. The consequences of the crime, which objects may suffer as a result: forest wealth, animals, fish.

Variety of offenses against the environment

Types of environmental crimes are most often classified according to the objects against which they are committed:

• For example, the production of toxic waste is a violation of environmental safety rules.

• If natural sources become clogged, the rules for the use of fertilizers are violated, resulting in contaminated soil.
• Destruction of plants and animals, especially those listed in the Red Book.

We can also give the following classification:

1. General environmental crimes: violation of accepted norms and rules for the protection of nature when performing production work, violation of instructions when handling microbiological objects and toxic substances, pollution of water bodies or the atmosphere.
2. Acts leading to the unsustainable use of natural resources: development of the continental shelf, pollution or soil damage.
3. Crimes against fauna, violation of the rules in veterinary medicine.
4. Crimes against the plant world: destruction of forests, violation of instructions for combating harmful insects and pests of flora.

Any environmental crime is an offense that is fraught with harmful consequences for all life on Earth. The state is actively working to protect nature and prevent any acts that cause harm to it. Therefore, criminal liability is provided for environmental crimes that entail serious consequences.

Encroachment on nature

The following types of offenses can be distinguished depending on the object:

1. Illegal shooting of animals or hunting in violation of the rules.
2. Illegal fishing.
3. Soil pollution by toxic substances.
4. Air pollution by harmful substances.
5. Water pollution by hazardous waste.
6. Deforestation.
7. Destruction of flora and fauna from the Red Book.
8. Violations when visiting conservation areas.

These are environmental crimes that are most often observed, and they are punished.

Consequences of environmental offenses

Unfortunately, many do not even think that the harm done to the environment is global in scope, and it is simply impossible to restore it to its former state. All consequences can be divided into several types:

1. Impact on the environment. This category includes: water pollution with toxic substances, radiation emission.
2. Corruption or destruction of natural objects: deforestation, desiccation of swamps, burning of fields.
3. Tangible harm to animals and humans. These are the most global consequences, which most often criminalize an environmental crime.
4. Other changes in nature that are difficult to establish: the disappearance of different species of birds, fish, animals.

During the investigation, it is important to establish the scope of the environmental crime, the guilt of the offender and collect strong evidence. It must be remembered that even unintentional offenses will entail punishment.

The state and environmental organizations are trying to convey to people the fact that the health and well-being of present and future generations depends on the state of ecology.

Varieties of punishment for criminal acts against the environment

Depending on the severity of the consequences and actions that were committed, the following types of punishments are possible:

• Fine. Such punishment is quite common when it comes to acts that lead to environmental pollution or other offenses. The size varies between 200-700 minimum wages. For the abuse of our smaller brothers, the fine can be up to 80 thousand.
• Correctional work for 480 hours for the good of the state. Such punishment often follows violated rules to combat diseases of plants and animals, which led to the spread of epidemics.
• Dismissal from work or deprivation of the right to hold a certain position for up to five years. The legislation provides for such punishment for officials who are negligent in fulfilling their duties to protect the environment.

• Preservation of the former place of work, but deduction from the salary of a certain amount in the amount of 5-20%. For example, intentional damage to land is subject to such punishment.
• Restriction of liberty for up to 3 years. The perpetrator is forbidden to leave his home at night, to attend entertainment events. For the disposal of hazardous waste, freedom can be limited for up to two years.
• Arrest for 6 months. Environmental criminal is in custody. Such punishment could threaten pollution of the seas.
• For the mass destruction of flora or fauna, pollution of the atmosphere or water wealth, acts leading to environmental disasters, there is a real sentence of imprisonment of 12-20 years.

Often, the global consequences of environmental violations cannot be completely remedied, and therefore, appropriate penalties are required.

Other types of liability

Environmental crime is a type of offense that requires a thorough investigation. Depending on the subject against whom the act was committed, several types of liability may be applicable:

1. Civil law. It involves compensation for damage resulting from a criminal act. This can be done not only in cash, but also realistically, for example, to plant seedlings of trees. This punishment may be combined with criminal, administrative or disciplinary liability. Article 1064 of the Civil Code prescribes the rules for redress. It must be borne in mind that the amount for compensation through the court may also include the benefit that is lost, compensation for losses.
2. Discipline is most often applied to officials. The punishment will necessarily follow a violation of environmental legislation, failure to perform or violation of environmental protection measures, which are provided for in regulatory enactments or official duties. This may be a reprimand, a comment, dismissal under article 192 of the Labor Code of the Russian Federation.
3. The Code of Administrative Violations regulates administrative liability, which provides for a fine of up to one million rubles, suspension of activity. If the institution or organization is closed for a while, then the tool that committed the environmental crime is seized.
4. Workers or officials are liable if, through their fault, the institution or enterprise incurred losses associated with damage to nature.

Environmental crimes have different characteristics, depending on the severity of the chosen measure of punishment. But we must bear in mind that most often illegal actions are committed that do not carry global negative consequences. Therefore, many types of punishments are imposed for educational purposes or provide for redress.

Recently, people began to understand that planet Earth is our common home. By harming natural wealth, we destroy and destroy our own habitat. Before the appearance of man, the surrounding world existed and felt great, therefore, nature will manage without us and will only breathe a sigh of relief, but whether humanity can do without it is a big question.