Environmental protection - one of the most pressing problems of our time . Scientific and technological progress and increased anthropogenic impact on the natural environment inevitably lead to an aggravation of the ecological situation: natural resources are depleted, the natural environment is polluted, the natural connection between man and nature is lost, aesthetic values, the physical and moral health of people is deteriorating, the economic and political struggle for raw materials markets and living space is intensifying.

Concerning Russian Federation, then it belongs to the countries of the world with the worst environmental situation. Pollution of the natural environment has reached unprecedented last years scale. Only economic losses, not taking into account the harm to the environment and human health, according to experts, annually in Russia amount to an amount equal to half of the country's national income. More than 24 thousand enterprises today are powerful environmental pollutants - air, subsoil and wastewater. From the standpoint of the current criminal legislation, their activities are criminal. But in this sphere of human activity, contrary to all declarations on the human right to a favorable environment for life and health before other interests in the hierarchy of social values, economic interests still prevail over environmental ones. The most acute environmental problem in the modern Russian Federation - environmental pollution. The health of Russians is deteriorating significantly, all the vital functions of the body, including reproductive ones, suffer. The average age of men in the Russian Federation in recent years has been 58 years. For comparison, in the USA - 69 years, Japan - 71 years. Every tenth child in the Russian Federation is born mentally or physically handicapped due to genetic changes and chromosomal aberrations. For individual industrialized Russian regions, this figure is 3-6 times higher. In most industrial areas of the country, one third of the inhabitants have various forms of immunological deficiency. According to the standards of the World Health Organization at the United Nations, Russian people approaches the brink of degeneration. At the same time, approximately 15% of the country's territory is occupied by zones of ecological disaster and environmental emergencies. And only 15-20% of the inhabitants of cities and towns breathe air that meets the established quality standards. About 50% of the drinking water consumed by the Russian population does not meet hygienic and sanitary and epidemiological standards. This sad list is quite extensive. But the given data also show that all citizens of the immense and resource rich It is time for Russia to realize that the time of unregulated unlimited use of the environment is irretrievably gone. You have to pay for everything: money, the introduction of strict restrictions, the establishment of criminal liability. Otherwise, a person pays not only with his health, but also with the health of the entire nation, the well-being of future generations, because uncontrolled negative impact on the natural environment is the destruction of man as a species.

It is thought that the development environmental policy state, Russian legislation, scientific aspects of environmental law - is one of the forms of ensuring the environmental safety of the population, the protection of the natural environment and the rational use of its resources. The other side of environmental law is compensation for harm caused to nature or human health. It should be carried out in conjunction with economic, political, moral, educational, educational measures, etc. This paper discusses the main aspects of the development of environmental law, modern Russian policy in the field of ecology and environmental protection, the state of this problem, its development in environmental law, current Russian legislation and in practice. When writing the work, the author used legal educational literature, the Criminal Code of the Russian Federation, the Constitution of the Russian Federation, other sources and legal acts.

2. Environmental policy of modern Russia

Behind recent decades the scale of human activity, the size and consequences of its impact on nature have changed qualitatively. Traditional anthropocentric ideas about the relationship between society and nature have come into conflict with reality, which is confirmed alarming facts anthropogenic human impact on the environment. By the beginning of the 60s. 20th century there was a need to regulate the adverse human impact on the environment.

The social and legal need for a qualitative deepening of environmental knowledge, the practical application of the results of environmental research has been formed under the conditions of the global environmental crisis caused by anthropogenic factors and, above all, by human activity. Its sharpness and unpredictability of the consequences make one recall the pessimistic foresight of J. B. Lamarck: “ One could perhaps say - he warned at the beginning XIX c., that the purpose of a person, as it were, is to destroy his kind, having previously made Earth unfit for habitation" (Lamarck J. B. Analytical system of positive human knowledge / / Selected. works. In 2 vol. M., 1959. T. 2. S. 442).

Currently, environmental problems have a negative impact on the lives of 30-40% of Russians. The unfavorable state of the environment is one of the most important causes of concern. For example, according to the results of a survey conducted by the ISPI RAS, for Muscovites, the three main causes of concern were as follows: crime - for 56% of respondents, high prices- for 52%, ecological situation - for 32%.

Migration, the state of health, the labor activity of the population, the political stability of society, and ultimately national security depend objectively on the ecological situation in the country (region). For example, the unfavorable environmental situation in Moscow (air pollution with nitrogen and carbon oxides, phenol, etc.) results in high levels of respiratory diseases among the population, which are 25–40% higher than the average for Russia.

The problem of employment in the regions is exacerbated due to the forced permanent or temporary closure of environmentally harmful industries, especially those that are city-forming factors.

Habitual and affordable types of recreation for the population "do not survive" in the face of deteriorating environmental situation. Thus, numerous cases of mushroom poisoning that occurred in European Russia in 1994 were associated with the accumulation of heavy metal salts by fungi.

Complex environmental problems have an impact on the nature and severity of contradictions along the lines of "center - regions", "region - region", and in conditions multinational state and on interethnic relations. Thus, the deterioration of the environmental situation infringes on social needs and contradicts the interests of the population, causing social and environmental tension at the regional and national levels. Under certain conditions, this tension leads to the emergence of socio-ecological conflicts. Thus, the active opposition of the population necessitated the conservation of the plant for the destruction of poisonous substances, ready for launch in Chapaevsk.

For modern Russia, socio-ecological tension is one of the main factors in the formation of an unfavorable social situation in the country, which is confirmed by the results of sociological studies conducted by the ISPI RAS on representative samples since 1998. In 2000, already 40% of respondents noted the existence of a significant connection between the environmental situation and social tension in their place of residence, and denied the existence of this connection - only 9% of respondents. The very same environmental situation in the place of residence was assessed as extremely unfavorable by 27% of respondents and as not quite favorable - by 57%. The results of an expert survey of ecologists, carried out in February 2002, do not differ qualitatively from the above.

For the normal functioning of society, an effective science-based state environmental policy is needed, the need for which is increasing as a result of the growing crisis in the field of ecology. The development of society cannot be considered within the framework of the traditional “two-coordinate system of socio-economic problems. The environmental factor in the development of society persistently declares its priority. “If air cannot be breathed, water cannot be drunk, and food cannot be eaten, - writes A. V. Yablokov, then everything social problems lose their meaning." .

The need for an environmental state policy stems from three features of the current stage of Russia's development:

First of all, the relationship between society and nature has objectively entered a dangerous phase, when the satisfaction of human vital needs through a frontal attack on nature causes such changes in it that begin to potentially threaten the existence of man as a biological species;

Secondly, environmentally hazardous human impacts on nature are brought to life by social mechanisms that govern the economic, military and other spheres of society's activity);

third If the previous conclusions are true, then the social and natural aspects of human life should be considered in inseparable unity. Not managing social processes, society can make the environment unsuitable for human existence, and not improving the environment can bring to life destructive social processes that can interrupt the progressive development of civilization.

Environmental policy can be interpreted as a system of specific political, economic, legal and other measures taken by the state for managing the environmental situation and ensuring the rational use of natural resources on the territory of the country. aim state environmental policy is to ensure a harmonious, dynamically balanced development of the economy, society, nature. The development and implementation of environmental policy are complex tasks not only due to the fundamental importance of environmental problems for the life of the country, but also due to the scientific uncertainty inherent in many of the most important applied and conceptual issues.

At the conceptual level, it is necessary to finally determine the strategy of interaction between man and nature. As a new paradigm, as a rule, the concept of co-evolution is proposed, that is, the development of man in harmony with nature on the basis of dialogue and equal cooperation with it. However, even among scientists there is still no single interpretation of co-evolution. A number of researchers mean by it the primacy of nature and its preservation in an unchanged (or at least relatively unchanged) form, while others consider the preservation of "statics" in the relationship between society and nature a utopia. From their point of view, we can only talk about preserving “stable equilibrium” (the term belongs to E. Bauer), i.e., the state when the change in the parameters of the biosphere occurs so slowly that humanity is able to adapt to changes and fit into practically stable biogeochemical cycles(cm.: Moiseev N. N. Civilization at a turning point. Ways of Russia. M., 1999).

In addition, the transition to the paradigm of co-evolution as the basis of the state environmental policy will have to be carried out in the conditions of unreliability of even medium-term forecasting of the environmental situation, uncertainty of probability estimates and possible rates of development of individual components of the global environmental crisis.

Back in the late 60s. in the reports of the Club of Rome "Limits to Growth" and "Humanity at the Crossroads" (see: Meadows P. L. The Limits to Growth. N.-Y., 1972: MesarovichM.,PestelE. Mankind at the Turning Point. N.-Y., 1974; Modeling of global economic processes. M., 1984) the following conclusions were formulated:

- while maintaining modern value systems, population growth and production growth mutually accelerate each other, and both the population and the volume of production increase exponentially even when approaching physical limits;

- for countries with high level development, the greatest environmental danger is the development of nuclear energy and the growth of environmental pollution, for countries with a low level - progressive depletion of natural resources against the backdrop of population growth;

-global ecological catastrophy(“environmental collapse”) can erupt after a relatively short period of time, already by the middleXXI in.

Without disputing the fundamental content of these conclusions and sharing the opinion about the obvious bankruptcy of the development of the economy, which is carried out on the assumption of an unlimited ability of the environment to self-purify, many researchers, however, believe that “due to the lack of reliable information about the mechanism of degradation processes, scientific forecasting of the consequences of modern nature management or the transition to new forms of management is difficult”(Changing the world: a geographical approach to the study. Soviet-American project. M., 1996. P. 15). This conclusion is confirmed, for example, by the materials of the official report of the World Meteorological Organization (2000) on the results of studying the possible consequences of the greenhouse effect. The report notes that if current trends continue, a decline in agricultural production can be predicted (Brazil, Peru, the Sahel zone of Africa, Southeast Asia, China, Asian territory of the former USSR): forest extinction: sea level rise by 25-30 cm by 2050 and by 1 m in 2100. All this can lead to the physical disappearance of a number of island states, the migration of tens of millions of people; in large cities, there may be serious threats to human health.

However, the authors of the report state that nowadays it is hardly possible to unequivocally link the general trend of climate warming with the avalanche-like development of the greenhouse effect, although the violation of the natural carbon cycle under the influence of anthropogenic activity is beyond doubt. The above estimates are correct if the existing climate changes are really associated with the manifestation of the greenhouse effect and will persist in the future, but is this really the case. can only be said with a certain degree of probability.

Significant difficulty is "technical content" state environmental policy. As an example, we can refer to the problem of disposal of waste from nuclear power plants, which is very topical for Russia (see Table). Many such technical problems need to be resolved now, which is associated with the inevitability of volitional decisions and the potential threat of long-term consequences of their inevitability.

Is the transition to the concept of sustainable development sufficient for the long-term determination of the foundations of Russia's environmental policy? This concept in its current form does not represent some finished model (program, project). In fact, it defines only a set of principles, following which it is possible to ensure social progress without exceeding the potential capabilities of ecological systems, to achieve the satisfaction of the vital needs of the population and form them by shifting them to some ecologically rational area. To what extent this is feasible in modern conditions is not yet clear.

The adoption by Russia of the main provisions of the concept of sustainable development can be considered to a large extent a fait accompli. This is enshrined in the Decree of the President of the Russian Federation of February 4, 1994 No. "On the state strategy of the Russian Federation for environmental protection and sustainable development", developed by the Government of the Russian Federation the Concept of the transition of the Russian Federation to sustainable development, which was approved by the Decree of the President of the Russian Federation of April 1, 1996.

Nevertheless, the concept of state environmental policy inevitably requires clarification as scientific knowledge deepens and in accordance with the environmental situation in the country. Difficulties in environmental policy making are not limited to scientific uncertainty about specific issues. They are due to many factors, including the influence of various pressure groups on the formation of its foundations. Behind the support of representatives of national scientific, political and economic elites of one point of view or another, there are qualitative differences in the distribution of natural resources between the Federation and regions, corporate, as well as group and other interests and factors.

At the current technological level and within the framework of an unchanged model of world development, the global improvement of the environment is a practically insoluble task, primarily because of the colossal amount of resources required for this. The following facts may serve as an indirect confirmation of this thesis. In 1992, environmental equipment was produced in the United States for $80 billion and exported for $8 billion; in Japan, respectively, for $30 and $5 billion; Forum "Ecology of Russia"//The Green Book of Russia, Part 2, Book 2, M., 1994). These data also indicate that in developed countries the technical support of environmental policy is turning into a large industry, with all the ensuing consequences, not only environmental, but also economic, political, etc.

How are environmental problems solved in the Russian Federation? Briefly, you can answer like this: "applied to poverty". In the context of the economic crisis, environmental protection activities are financed on a residual basis, but against the backdrop of spectacular declarations. The prospect of real development and practical implementation of an effective state environmental policy seems rather shaky, if we assume that the latest administrative and managerial reforms (for example, downgrading the status of the Ministry of Natural Resources of the Russian Federation, the abolition of the State Sanitary and Epidemiological Surveillance of the Russian Federation) reflect the true attitude of the highest echelons of power to environmental problems.

Russian government in in a certain sense turned out to be a hostage of its own course towards the widespread introduction of market mechanisms in the field of ecology due to a lack of resources and insufficient development of the legal framework for nature protection. Meanwhile, the construction of environmental protection mechanisms based on the outdated concept of economic reductionism, which does not take into account self-value human life and trying to reduce all factors to the cost approach, including the establishment of the “price of human life”, has long been a well-founded criticism of domestic and foreign experts.

It should be noted that specific measures aimed at resolving environmental problems require more detailed and comprehensive study. So, for example, the establishment by the authorities of the currently technically unattainable values ​​of the GSC of pollution can lead to the fact that it will be more profitable for an enterprise to pay fines for emissions harmful substances than to build and operate wastewater treatment plants, since fines are inevitable, and the refusal to treat waste brings cost savings. Therefore, in the implementation of environmental policy, it is necessary to take into account such factors as the economic inefficiency of most "clean" industries in a market economy (the cost of treatment facilities increase exponentially depending on the degree of treatment and approach the total investment in the enterprise): the final efficiency of existing treatment technologies, the lack of noticeable progress in the creation of "clean" energy sources, etc.

The opinion of environmental specialists on the importance of certain areas of environmental policy implementation can be represented by the results of a survey of experts conducted in February 1997. Among the priority measures that contribute to improving the environmental situation in the regions, the respondents attributed: tightening control over compliance with environmental legislation (74% think so) respondents); legislative consolidation of the maximum possible compensation for damage caused to nature by enterprises, organizations and departments (70%); wide coverage of the environmental situation by means of mass media(45%); personal changes in the management of Russian environmental authorities (40%); implementation of independent environmental reviews (40%); increase in centralized deductions for environmental protection measures to local budgets (29%); closure of all enterprises harmful to human health (20%). Symptomatic is the dissatisfaction expressed by 80% of the respondents with the existing structure of environmental authorities.

An effective state environmental policy today cannot do without costly, budget-financed areas. These include ensuring national survival in a global ecological crisis, i.e. allocation of resources in case of development of events according to “pessimistic scenarios”, implementation of measures to achieve sustainability or an acceptable level of changes in key ecological systems.

The complexity and importance of the task of forming the state environmental policy in Russia require the participation of public organizations, including environmental parties and movements, in its development. In a period of acute socio-ecological tension, the establishment constructive interaction authorities with these parties and movements can become one of the necessary conditions for maintaining manageability of social and environmental processes.

The development of state environmental policy, its most important areas (programs, projects) should probably be carried out in such a way as to: ensure the formation of an ecological worldview of the population, including spiritual and moral education, education, development of world environmental standards of interaction in the system "nature - man - society »; to achieve constructive cooperation of society, the state, citizens in the protection of human health and the natural environment; ensure the introduction of environmentally friendly technologies, rational use natural resources of the country; develop a system of environmental law and order; to turn environmental and economic factors into an integral component of managing the economic and social development of the country: to realize the inalienable right of every citizen to a favorable and safe environment. scientific knowledge, technology, human and natural resources are quite sufficient for Russia to get out of the ecological crisis.

3. Legal liability in environmental law.

According to the theory of law, the act committed is the objective basis of legal responsibility, the formal basis is the legal norm that fixes the composition and features of this crime, and guilt serves as the subjective basis. However, the allocation of norms, guilt and deeds as grounds is to a certain extent conditional, because. even taken together, they are not enough to actually bring the offender to justice. Therefore, the only and sufficient legal basis for liability is the presence in the act of the corpus delicti of an environmental crime provided for by the norms of criminal law.

What, in accordance with the current Russian environmental legislation, is recognized as an offense, and what is a crime? Article 81 Law of the RSFSR "On the Protection of the Environment" An environmental offense is defined as a guilty, unlawful act that violates environmental legislation and causes harm to the natural environment and human health. This definition has a number of shortcomings. There is uncertainty in it (an illegal act that violates the law); not all social values ​​that are the subject of environmental legal relations that are harmed are listed; consequences, not the object of the offense, are taken as a systematizing feature. The consequences are not included in the elemental composition of the environmental relationship protected by law, and do not allow to distinguish between environmental and other crimes (economic, against property, against health, official, etc.).

Environmental crime can be described as a socially dangerous, guilty, act (action or inaction) prohibited by law under the threat of punishment, aimed at causing harm to relations in the field of ecology (in comparison with Art. 14 of the Criminal Code of the Russian Federation . A guilty socially dangerous act prohibited by this Code under the threat of punishment is recognized as a crime. An action (inaction) is not a crime, although it formally contains signs of any act provided for by this Code, but due to its insignificance does not pose a public danger (as amended by the Federal Law of the Russian Federation dated 06.25.98 No. 92-FZ).

The composition of an environmental crime (like any other) includes four elements:

-object of crime

- objective side

- subjective side

-subject.

Object of environmental crime is a collection public relations that have developed in the field of environmental protection, rational use of its resources and ensuring environmental safety, economic activity, subsoil development, etc.

The subject of environmental crime is the natural environment as a whole and its individual components (land, subsoil, water, air, animals). This is one of essential elements environmental crime. It is he who allows you to determine in what relations this or that natural resource is involved (what is its socio-economic essence) and to limit the crimes in question from others. Thus, catching fish in violation of the established rules constitutes illegal fishing, and the same actions committed in the pond of a fishery - theft of property, since in last case fish is not a natural resource located in its natural habitat, but is a commodity-material value. For these reasons, air pollution of industrial premises (mines, workshops, etc.) cannot be considered as an environmental crime, since this act encroaches not on relations for the protection of the environment, but on relations for the protection of health in the performance of labor functions.

The subject of an environmental crime should be considered in connection with the object. An isolated analysis of the subject does not make it possible to clarify the attitude to which the damage is caused, it generates errors and confusion in the legal assessment of the offense. The subject of environmental crimes should be considered various components of the natural environment that are not separated from the natural by human labor. natural conditions, either accumulating a certain amount of labor of present and previous generations of people, but remaining in the natural environment, or introduced into it by a person to perform their biological and other natural functions (forest plantations released for breeding animals, birds, fish fry, etc.) .

For objective side An environmental crime is characterized by a violation through action or inaction of generally binding rules for the use of natural resources and the protection of the natural environment; causing harm to the environmental interests of an individual, society or the state, or creating a real danger of causing such harm; Availability causation between the environmentally hazardous act and the harm caused.

In the cases provided for by law, the objective side includes place, time, situation, tools, ways, methods of committing an environmental crime. For example, the composition of an administratively punishable hunt is determined by hunting at a) a prohibited time, b) in a prohibited place, c) without permission, d) by prohibited tools and methods is qualified as (Article 201.2 of the Administrative Code of the Russian Federation; Article 256 of the Criminal Code of the Russian Federation), and hunting a) causing major damage, b) using a motor vehicle or aircraft, explosives, gases or other methods of mass destruction of birds and animals; d) in relation to birds and animals, the hunting of which is completely prohibited; e) on the territory of a nature reserve, wildlife sanctuary, or in a zone of environmental emergency, it is a criminal offense (Article 258 of the Criminal Code of the Russian Federation).

From the subjective side, both forms of guilt can take place: deliberate and reckless. intent may be direct and indirect, and n carelessness- as negligence or arrogance (frivolity). So, illegal hunting(Art. 258 of the Criminal Code of the Russian Federation), illegal harvesting of aquatic animals and plants (Art. 256 of the Criminal Code of the Russian Federation), illegal cutting of trees and shrubs(Art. 260 of the Criminal Code of the Russian Federation), destruction of critical habitats for organisms listed in the Red Book of the Russian Federation(Article 259 of the Criminal Code of the Russian Federation) are committed intentionally. Others, such as destruction or damage to forests – as a result of careless handling of fire or other sources of increased danger (Art. 261 of the Criminal Code of the Russian Federation) - only through negligence. A number of actions, such as environmental pollution(Article 77 of the Code of Administrative Offenses, Articles 251, 252 of the Criminal Code), violation of the rules for the protection and use of subsoil(Article 255 of the Criminal Code of the Russian Federation) can be committed both intentionally and through negligence.

At the same time, the motives and goals of intentional environmental crimes can be very different and, as a rule, they are not indicated as signs of a crime, but can be taken into account when sentencing as aggravating or mitigating circumstances.

Art.88 law "On the Protection of the Environment", taking into account the provisions of civil law, provides for an exception to the general rule of guilty liability. It refers to those cases where the harm is caused by a source of increased danger. The obligation to compensate for harm rests with the owner of this source, regardless of the presence of guilt. The damage is subject to compensation by virtue of the very fact of its infliction, unless it is proved that it occurred as a result of force majeure or the intent of the victim.

Subjects of environmental crime only individuals can be, while the subjects of an environmental offense are both individuals and legal entities, including business entities of various forms of ownership and subordination, as well as foreign organizations and citizens.

It seems that it is necessary to distinguish between the subjects of a crime and the subjects of responsibility. Administrative, civil, labor legislation, for example, provides for the responsibility of 3 persons for actions or events in which they are not objectively involved. So, administrative responsibility can be assigned to a parent for the actions of minor children, civil law - to the carrier of goods or the owner of a source of increased danger, disciplinary - to the boss for the actions of a subordinate.

The subject of criminal, disciplinary, material liability under the current legislation can only be individuals. The subject of administrative and civil liability- both individuals and legal entities.

The current legislation provides that the administrative and criminal liability of individuals for environmental crimes begins at the age of 16. In civil proceedings, they bear limited liability from the age of 15 to 18, and from the age of 18 - full, because. from this age the person becomes fully capable.

There are no age restrictions regarding the possibility of imposing disciplinary and material liability on persons who are in labor relations with employers.

4. The concept of responsibility for environmental crimes, its types, tasks and principles.

The emergence and development of the institution of responsibility for environmental crimes before the collapse of the USSR took place within the framework of the traditional legal system of the Soviet state.

In the post-Soviet period, characterized by a radical break in socio-economic relations and the reform of the entire system of the Russian Federation (RF), when choosing the means of state legal influence for committing environmental offenses, the legislator faced two problems:

1) maximum use of the potential of previously created legal institutions for the purpose of environmental protection (EPS) in the conditions of market relations;

2) development of new norms of various branches of law on OOPS, including the development of administrative-legal, civil-law and other institutions of responsibility.

In its final form, liability for environmental crimes is fixed in Article 81 Law of the RSFSR dated 19 December 1991 G."On the Protection of the Environment". In particular, it provides that for environmental crimes, officials and citizens bear disciplinary, material, administrative, civil and criminal liability, and enterprises, institutions, organizations - administrative and civil law in accordance with the named law and other legislative acts of the Russian Federation and its subjects.

To regulatory legal acts containing general provisions liability for environmental crimes and offenses includes federal environmental and resource legislation:

- Law of the Russian Federation"On Ecological Expertise" from 23 november 1995 G,

- Law of the Russian Federation"On Specially Protected natural areas"from 14 Martha 1996 G

- LawRussian Federation "On natural healing resources, health-improving areas and resorts" from 23 February 1995 G.,

-Land CodeRSFSR from 25 April 1993 G.,

Fundamentals of forestrylegislation of the Russian Federation from 6 Martha 1993 G.,

- Water Code of the Russian Federation dated 18 October 1995 G.,

- Law of the Russian Federation"About the Animal World" from 24 April 1995 G.,

-Code of Administrative Offenses of the Russian Federation (CAO)

According to Art. Art. 71, 72 Constitution of the Russian Federation adoption of norms of criminal, penitentiary, civil law in the field of protection and environmental protection is the responsibility of the Russian Federation. Administrative, labor, housing, water, forest legislation, subsoil legislation, and environmental protection legislation are jointly administered by the Russian Federation and the constituent entities of the Russian Federation. The subjects of the Federation are empowered to establish administrative liability for violations of: the rules of hunting and fishing; rules for the implementation of other types of use of wildlife; decisions on dealing with natural disasters and epidemics; animal quarantine regulations; veterinary regulations. These circumstances should be taken into account when addressing issues of legal liability for environmental crimes.

Legal responsibility is one of the types of social responsibility. It is further subdivided into disciplinary administrative-legal, civil-legal and criminal-legal liability . Also distinguish between material and moral responsibility, liability of individuals, legal entities and officials, disciplinary liability, etc. Each of its types used in the field of environmental protection (EPS) has its own personality traits. However, all types are part of a general legal concept.

Unfortunately, in the modern scientific literature, legal liability for environmental crimes has received insufficient attention. As a result, there was a difference of opinion on a number of basic theoretical issues and some uncertainty. Along with this, there is no single position regarding its legal definition, content, division into types. Thus, there is an opinion that there "positive" responsibility, which should be understood as the obligation to perform actions corresponding to "the objective requirements of the given situation and the objectively conditioned ideals of the time." This definition is vague, blurs the concept of legal responsibility, causes confusion of terms, confusion and additional difficulties in understanding their content. In a retrospective plan, responsibility is allocated for an already committed act, "retrospective responsibility". Responsibility in perspective sense regarded as an obligation to comply with existing rules of law. Some lawyers equate responsibility and punishment. It is hardly possible to agree with such an opinion. Although these are related, they are not identical concepts. Responsibility precedes punishment, but punishment does not always follow responsibility. The legal fact that gives rise to legal relations is the fact that a criminal offense has been committed. The content of this legal relationship is the mutually corresponding rights and obligations of subjects. Due to the lack of a clear definition of legal liability for environmental crimes. It is noted that it is expressed in deprivations of a property, organizational or personal nature. Other scientists believe that this "a system of coercive measures applied to violators of the legislation in the field of environmental management and environmental protection in order to punish the perpetrators, suppress and prevent such offenses and restore violated rights."

As for the classification of responsibility, the most widespread division into types according to its industry affiliation: criminal, administrative, civil, material, disciplinary.

Does this mean that each branch of law has its own responsibility? This question is of great practical importance, given that some authors already recognize water-legal, land-legal, environmental (environmental-legal) liability as an independent type.

It seems that those authors who consider the allocation of liability for environmental crimes to a large extent a convention are right, since it is nothing more than a complex of the above types of legal liability most widely used in the field of environmental protection.

National legislation has adapted to these four types of liability. Raising the question of recognizing new types of responsibility should also entail posing the question of creating a fundamentally new mechanism for their implementation. However, nothing prevents the allocation of new types of responsibility in terms of theoretical development Problems.

Based on the criteria known in legislative practice, all types of liability in the field of OOPS on the grounds of occurrence can be divided into objective and subjective.

To objective includes civil liability arising from the fact of causing harm when using a source of increased danger, regardless of the fault of its owner. Here, the fact of causing harm by an act is an objective basis for liability, and the rule of law that provides for it is a formal basis.

subjective there will be liability that arises only if the subject of the offense has guilt as an obligatory sign of the composition of the offense. From these positions, guilt can be considered the subjective basis of responsibility.

According to the methods of influence, responsibility is distinguished: compensatory, aimed at compensating for harm, and repressive, realized in the application of punishment.

to compensatory applies in particular to the obligation to compensate for the harm caused, provided for by the norms of civil and administrative law.

To repressive species applies, for example, administrative, criminal, disciplinary liability.

According to the scope of application, one can distinguish economic-legal, state-legal and other types of responsibility.

Features of the new economic relations allowed lawyers to distinguish on the same grounds the so-called economic responsibility affecting relations in the field of ecology. It comes for causing harm in lawful actions, when there are no grounds for imposing legal liability. Measures of such responsibility are, for example, mandatory fines for emissions of pollutants into the environment, payments for the use of natural resources, compensation for losses in the natural environment. In the presence of legal regulation of economic relations, economic responsibility acts in the legal form of material (property) liability, in the form of undergoing economic sanctions applied at the initiative of other subjects of law. The question of responsibility for crimes in the area economic activity largely remains controversial. The researchers correctly noted that such responsibility can be considered as an independent phenomenon only as an obligation to perform certain actions. Economic responsibility for an already committed violation does not exist as such: similar cases it always acts in the form of legal liability. Most economic sanctions are applied in the form of civil law (forfeit, fine, damages, enforcement of obligations) or administrative law (damages, fines, penalties) liability. Thus, economic responsibility in the form of an obligation to perform certain actions is nothing more than a kind of "positive" responsibility.

It is hardly legitimate to speak from these positions about independent environmental and legal responsibility. Ultimately, it comes down to responsibility provided for by the norms of labor, administrative, civil, and criminal legislation. It is more correct to talk about liability for environmental crimes. The types of such liability, as we see, can be different depending on both the branch of law and the type of offense (misdemeanor, civil tort, crime).

The foregoing also correlates with the system of environmental law, which, as a complex legal branch, consists not only of the norms of resource-based (water, air, land, subsoil, etc.) and environmental legislation, but also of the norms of constitutional, international, civil, administrative, labor, criminal and other legislation.

It seems that criminal liability for environmental crimes should ensure the following goals:

- protection of public relations in the field of ecology, environmental protection, air, bowels, waters;

-ensuring criminal punishment;

- prevention of new crimes;

-education of the population in the spirit of respect for the law and the established environmental law and order.

Responsibility for environmental offenses is based on the following principles:

-legality,

- equality of citizens before the law,

- Guilty liability (with the exception of the obligation to compensate for damage caused by a source of increased danger, in the manner of implementing civil liability),

- justice,

- humanism,

-differentiated its laying,

-economy measures of state coercion.

5. Types of liability for environmental offenses.

Disciplinary responsibility

Disciplinary responsibility are borne by employees of enterprises, institutions, organizations, regardless of the form of ownership, for failure to comply with plans and measures for the protection of nature and the rational use of natural resources, for violation of environmental quality standards, for improper operation of treatment plants and facilities, and for violation of other requirements of environmental legislation. In the performance of their duties in service or work (Article 82 of the Law of the Russian Federation "On the Protection of the Environment").

The procedure for bringing to disciplinary responsibility is determined by labor legislation, legislation on public service, other regulatory acts of the Russian Federation and its constituent entities, labor agreements (contracts), charters and regulations on the enterprise, organization, institution. At the same time, the terms of labor contracts that worsen the situation of employees in comparison with the current legislation, including the terms of liability, are invalid. A distinctive feature of the composition of a disciplinary offense is that failure to comply with the requirements of environmental legislation is at the same time a failure by the employee to fulfill his duties due to his position or agreement (contract).

Disciplinary liability is expressed in the imposition of disciplinary punishment on the guilty person in the form of: remarks, reprimand, severe reprimand, dismissal from office (Article 135 of the Labor Code of the Russian Federation). Legislation, charters on discipline and other normative acts may provide for other disciplinary sanctions for certain categories of workers and employees. For example, as a disciplinary sanction, the following can be applied: complete or partial deprivation of a bonus or other means of encouragement; transfer to a lower-paid job or shift to a lower position; deprivation of class rank or title; declaration of incomplete service compliance. When imposing a disciplinary sanction, the severity of the misconduct committed, the circumstances under which it was committed, and the behavior of the employee should be taken into account. Only one disciplinary sanction may be applied for each misconduct. During the period of validity of the disciplinary sanction (one year from the date of imposition), incentive measures are not applied to the employee. The penalty may be withdrawn ahead of time by the body or official who applied it on their own initiative, at the request of the immediate supervisor or the labor collective, if the perpetrator has not committed a new offense and has shown himself to be a conscientious employee. The administration has the right, instead of a disciplinary sanction, to refer the issue to the general meeting of the labor collective or public organization.

General provisions on the possibility of application to the offender environmental legislation liability is contained in Art. 83 of the Law of the Russian Federation "On the Protection of the Environment". The procedure for its application is regulated by labor legislation. Liability consists in imposing on the violator (the tortfeasor) the obligation to compensate for the damage and expenses incurred through his fault by the institution, organization, enterprise or other economic entity with which the perpetrator is in labor relations. In accordance with labor legislation, the violator (the cause of harm) is liable in the amount of direct actual damage, but not more than his monthly earnings (Article 119 of the Labor Code). However, the perpetrator fully compensates for the damage if it was caused as a result of a criminal act; intentionally; when the harm was caused not in the performance of their labor duties; when it is caused by an employee who is in a state of intoxication; when, in accordance with the law or the contract, the employee is fully liable.

When determining the amount of damage, only direct actual damage is taken into account, lost income is not taken into account. It is unacceptable to lay liability on an employee for such damage that can be classified as a normal production risk (Article 118 of the Labor Code). According to the current civil legislation, an enterprise, institution, organization or other economic entity is liable for the harm caused by its employee during the performance of his labor duties to the victim (Article 1068 of the Civil Code of the Russian Federation). This creates guarantees of compensation for harm to the victim, regardless of the material condition of the tortfeasor.

In turn, an enterprise or other business entity has the right to file a recourse claim in court against its employee and recover from him all the losses incurred (Article 1081 of the Civil Code of the Russian Federation).

Administrative responsibility.

Administrative responsibility for environmental offenses is applied by an authorized executive body of the state, an official of the relevant state body or a court.

Taking into account the unfavorable environmental situation in the country, the prevalence of environmental offenses, the new Code of Administrative Offenses of the Russian Federation includes, as bodies entitled to consider administrative cases, environmental control bodies, geological control bodies, bodies of the Ministry of Agriculture and Food, the Committee for Land Resources and land management (Roskomzem of the Russian Federation), bodies that protect state nature reserves and national natural parks.

It can be assigned to both individuals and legal entities. The list of administrative environmental offenses is given in Article 84 of the Law on Environmental Protection, sectoral natural resource legislation and in the Code of Administrative Offenses, where they are grouped in the chapter "Administrative offenses in the field of environmental protection, historical and cultural monuments."

In its entirety administrative offenses in the field of environmental protection and nature management are eleven groups:

Non-compliance with environmental requirements during planning, feasibility study of projects, design, placement, construction, reconstruction, commissioning, operation of enterprises, structures or other facilities (Art. 8.1 of the Code of Administrative Offenses)

-non-compliance with environmental and sanitary and epidemiological requirements when handling production and consumption waste or other hazardous substances(Art. 8.2 of the Code of Administrative Offenses)

-violation of the rules for handling pesticides (Art. 8.3 of the Code of Administrative Offenses)

-violation of the legislation on environmental expertise (Art. 8.4 of the Code of Administrative Offenses)

- concealment or distortion of environmental information (Art. 8.5 of the Code of Administrative Offenses)

- damage to land (Art. 8.6 of the Code of Administrative Offenses)

-failure to fulfill obligations to bring land into a condition suitable for use for its intended purpose (Art. 8.7 of the Code of Administrative Offenses)

- use of land for other than its intended purpose, failure to comply with mandatory measures to improve land and protect soil (Art. 8.8 of the Code of Administrative Offenses)

- violation of the requirements for the protection of subsoil and hydro-mineral resources (Art. 8.9 of the Code of Administrative Offenses)

-violation of the requirements for the rational use of subsoil (Art. 8.10 of the Code of Administrative Offenses)

-violation of the rules and requirements for conducting work on the geological study of subsoil (Art. 8.11 of the Code of Administrative Offenses)

-violation of the procedure for granting for use and the regime for the use of land plots and forests in water protection zones and coastal strips water bodies(Art. 8.12 of the Code of Administrative Offenses)

-violation of the rules for the protection of water bodies (Art. 8.13 of the Code of Administrative Offenses)

-violation of water use rules (Art. 8.14 of the Code of Administrative Offenses)

- violation of the rules for the operation of water management or water protection structures and devices (Art. 8.15 of the Code of Administrative Offenses)

- failure to comply with the rules for maintaining ship documents (Art. 8.16 of the Code of Administrative Offenses)

-violation of regulations governing activities in internal maritime waters, in the territorial sea, on continental shelf and (or) in the exclusive economic zone Russian Federation rules (standards, norms) or license conditions (Art. 8.17 of the Code of Administrative Offenses)

Violations of the rules for the protection of atmospheric air (Art. 8.21 of the Code of Administrative Offenses)

Release into operation of motor vehicles with excess of the normative content of pollutants in emissions or noise level standards (Art. 8.22 of the Code of Administrative Offenses;

-operation of motor vehicles with excess of the normative content of pollutants in emissions or noise level standards (Art. 8.23 ​​of the Code of Administrative Offenses;

-violation of the procedure for the allocation of cutting areas, survey of felling sites in forests that are not included in the forest fund (Article 8.24 of the Code of Administrative Offenses);

- violation of forest management rules (Art. 8.25 of the Code of Administrative Offenses);

-violation of the rules for the implementation of secondary forest management (Art. 8.26 of the Code of Administrative Offenses);

- violation of the rules in the field of reproduction, improvement of the condition and species composition of forests, increase in their productivity, seed production of forest plants (Art. 8.27 of the Code of Administrative Offenses);

-illegal felling, damage or digging up of trees, shrubs and lianas (Art. 8.28 of the Code of Administrative Offenses);

-destruction of animal habitats (Art. 8.29 of the Code of Administrative Offenses);

-destruction or damage to hayfields and pastures, reclamation systems, as well as roads on the lands of the forest fund or in forests that are not included in the forest fund (Art. 8.30 of the Code of Administrative Offenses)

- violation of the requirements for the protection of forests (Art. 8.31 of the Code of Administrative Offenses).

For the commission of environmental administrative offenses, the following may be applied: warning, fine, confiscation of the instrument of committing the offense; deprivation of a special right (hunting, fishing, driving vehicles); paid seizure of an object that was an instrument for committing an offense. Legislative acts of the Russian Federation may also establish other types of administrative penalties, in addition to those specified in the Code of Administrative Offenses of the Russian Federation.

Administrative penalties are divided into basic and additional. The main ones are those that contain the main punitive-educational-preventive function and cannot be assigned in addition to other types of penalties. Additional perform auxiliary functions in achieving the goals of punishment. Paid seizure and confiscation of items can be applied both as basic and as additional administrative penalties. Other penalties listed above can only be applied as basic ones.

The body considering the case of an administrative offense may impose as an additional administrative penalty only the one that is named in the article of the normative act establishing liability for a specific administrative offense. For example, as an additional penalty, confiscation is provided for in the sanction of Article 85 of the Code of Administrative Offenses of the Russian Federation on liability for violation of the rules of hunting, fishing and other types of use of wildlife.

For one administrative offense, the main, or the main and additional punishment may be imposed. Simultaneous application of two main penalties is unacceptable. Paid seizure and confiscation of firearms, ammunition, fishing equipment permitted for use may not be applied to persons for whom hunting or fishing is the main source of livelihood in connection with their labor activity.

Deprivation of the right to drive vehicles cannot be applied to persons who use these vehicles due to disability, except for cases of driving while committing an environmental offense (for example, when hunting "from under the headlights") while intoxicated.

Deprivation of the right to hunt and fish cannot be applied to persons for whom hunting or fishing is the main source of subsistence in connection with their labor activity.

Enterprises, institutions, organizations, entrepreneurs, individuals are brought to administrative responsibility for environmental offenses in cases where the violation is related to the process of production or other economic activity.

Individuals are subject to administrative liability upon reaching the age of 16. In accordance with Article 14 of the CAL, persons aged 16 to 18 who have committed environmental offenses are subject to the following measures: provided for by the Regulations on Commissions for Juvenile Affairs.

Officials are subject to liability for non-compliance with the requirements of environmental legislation, the provision and implementation of which is part of their official duties.

There is no definition of an official in the administrative legislation. Science and practice refer to them those civil servants who have state-imperious powers, the powers of an organizational and administrative administrative and economic nature to manage the administrative-political, economic, socio-cultural construction.

According to the current legislation, only two types of administrative penalties can be applied to officials - a warning and a fine. Since the illegal behavior of officials, by virtue of their functions, can cause more harm than administrative offenses of other persons, the law on environmental protection establishes increased administrative liability for officials in the form of a fine from three to twenty times the minimum wage established in RF. The Code of Administrative Offenses of the RSFSR (Article 2 7) classifies the fine as one of the main types of punishment. It stipulates that the fine is set in the range from one tenth to one hundred times the minimum wage, as well as up to ten times the value of the stolen, lost property or the amount of illegal income received as a result of an administrative offense. In exceptional cases, in connection with the failure to fulfill obligations arising from international treaties, and the special need to strengthen liability, the laws of the Russian Federation may impose a fine in a larger amount.

Criminal liability.

O is limited by the current Russian criminal legislation, is discussed in detail in subsequent chapters.

6. Environmental crimes and offenses, grounds for their differentiation.

According to the branches of law providing for responsibility for environmental offenses and crimes, the latter are divided into: administrative, disciplinary, criminal, civil law. The same as with regard to the allocation of types of responsibility, it is inappropriate to single out other types of crimes (international legal ones, for example). they are ultimately reduced to the four species named.

All environmental offenses (as well as others) are divided into misdemeanors and crimes. Misdemeanors entail disciplinary, material or administrative liability, and crimes - criminal . Civil liability may be imposed along with disciplinary, material administrative or criminal liability. Involvement in these forms of liability does not relieve the subject from the obligation to compensate for harm, if any. This is due to the fact that the penalties applied in the implementation specified species liability, are measures of punishment, and not compensation for harm, although often (withdrawal of bonuses, fines, confiscation) are material in nature. The amounts collected as punishment do not go to the victim as compensation for harm, but are transferred to special accounts of state environmental funds in the budget.

It should be emphasized that in practice the issue of distinguishing environmental crimes from misdemeanors is quite controversial, since about 60% of the environmental law norms contained in the Criminal Code of the Russian Federation are similar to the norms of administrative legislation. The objective signs of an environmental crime and a misdemeanor reveal similarities and consist in violating the same rules: fishing, hunting, logging, mining, fire safety in forests, maintaining the cleanliness of water and air basins, etc. Therefore, when investigating environmental crimes, the bodies of inquiry , investigations and courts often make legal mistakes. So, citizen M. caught five, and G. and U. - nine sturgeons belonging to valuable fish species. In addition, each poacher caused major damage. Despite the presence in their deeds of a sign of a qualified corpus delicti, initiation of a criminal case was refused on the grounds that the perpetrators had no previous convictions, had a permanent place of residence and work, and the damage was compensated.

At the same time, there are facts when the perpetrators are brought to criminal responsibility for minor violations of the rules of nature protection. For example, citizen T. was convicted of illegal fishing under aggravating circumstances, since he caught fish of a valuable species with a scoop to the amount of fifty thousand rubles. He was extremely positively characterized at the place of work, there was a petition from the labor collective to transfer him on bail. But extenuating circumstances did not allow citizen T. to avoid criminal liability.

According to new Code of Administrative Offenses 2002 An administrative offense is an unlawful, guilty action (inaction) of an individual or legal entity, for which the Code of Administrative Offenses or the laws of the constituent entities of the Russian Federation on administrative offenses establish administrative responsibility. A legal entity is found guilty of committing an administrative offense if it is established that it had the opportunity to comply with the rules and norms for the violation of which the Code of Administrative Offenses or the laws of a constituent entity of the Russian Federation provide for administrative liability, but this person did not take all measures depending on him compliance(Art. 2.1 of the Code of Administrative Offenses).

In connection with the foregoing, it is of great importance to identify scientifically based criteria for distinguishing between criminal and non-criminal types of offenses in the field of ecology. The theory is dominated by the position according to which crimes and misdemeanors are distinguished by the degree of public danger or "harmfulness". However, these degrees themselves are not quantitatively defined either in the literature or in the law, and it seems impossible to do this, since the essence of crime and misdemeanor cannot be expressed in mathematically accurate, clearly defined numerical expressions.

It appears that public danger - a cumulative property of objective and subjective signs of an offense, which together determine the characteristics of an act and can only be assessed in conjunction with other signs. This position is based primarily on the law. The legal structure of the offense reflects both quantitative (repetition, totality, relapse, etc.) and qualitative (place, time, method, form of guilt, etc.) categories.

The solution to the issue of distinguishing between environmental crimes and misdemeanors is simplified when the factors affecting the degree of public danger of offenses are taken into account by the legislator directly in the dispositions of criminal law norms. Most often, it indicates the consequences of the act and their size, the repetition of criminal violations of the rules, the mode of action, the form of guilt. For example, illegal hunting without aggravating circumstances (part 1 of article 166 of the previously effective Criminal Code) was recognized as criminal only if the person had previously been subjected to administrative measures for a similar offense. Violation of veterinary rules and rules for combating plant diseases and pests (Article 249 of the Criminal Code of the Russian Federation of 1996) entails criminal liability only if there is serious consequences, negligently entailing the spread of epizootics or other serious consequences, and in the absence of such - administrative (Article 97,98,101 of the Code of Administrative Offenses of the Russian Federation) or disciplinary. Criminal liability for water pollution arises if pollution, clogging, depletion of surface or ground water, sources of drinking water supply or other change in their natural properties if these acts caused significant harm to human health or mass death of animals, fish stocks, fauna or flora, forestry or agriculture (Article 250 of the Criminal Code of the Russian Federation). Pollution of waters, which did not entail those specified in Art. 250 of the Criminal Code of the Russian Federation consequences, is punished administratively in accordance with Art. 57 of the Code of Administrative Offenses of the Russian Federation.

When analyzing environmental crimes, it should be borne in mind that the presence of elements of a crime in an act is not yet a sufficient basis for bringing the perpetrator to criminal responsibility. The main basis for criminal liability for environmental crime is degree of damage. So, if illegal felling of trees and shrubs, as well as damage to the extent of stopping the growth of trees, shrubs and lianas in the forests of the first group or in specially protected areas of forests of all groups, as well as trees, shrubs and lianas that are not included in the forest fund or prohibited to felling, if these acts were committed in a significant amount(Article 260 of the Criminal Code of the Russian Federation) is classified as a crime, in a small amount - as an administrative offense.

In the old Code of Administrative Offenses, it was sometimes very difficult to distinguish a crime from an offense, when their signs are described in the same way in criminal and administrative legislation, or only the type of violation is indicated (with the so-called "simple" dispositions). This problem was settled in the new Code of Administrative Offenses of the Russian Federation of 2002. Article 2.9 of the Code of Administrative Offenses establishes that “if the committed administrative offense is insignificant, the judge, body, official authorized to decide the case of an administrative offense may release the person who committed the administrative offense from administrative liability and confine himself to an oral remark” Responsibility for administrative offenses occurs when these offenses by their nature do not entail criminal liability in accordance with the current legislation. It is on this basis that Art. 8.28 of the Code of Administrative Offenses is administratively punishable "illegal felling, damage or digging up of trees, shrubs or vines, destruction or damage to forest plantations, young growth of natural origin." What then is a crime? According to Article 260 of the Criminal Code of the Russian Federation, a crime is "illegal felling of trees and shrubs, as well as damage to the extent of stopping the growth of trees, shrubs and lianas in forests of the first group or in specially protected areas of forests of all groups, as well as trees, shrubs and lianas that are not included in the forest fund or prohibited for felling,if these acts are committed in a significant amount" . A significant amount in this article is the damage calculated at the established rates, which is twenty times higher than the minimum wage established by the legislation of the Russian Federation at the time of the commission of the crime, large size- two hundred times.

A conflict of law is observed when comparing administrative-legal and criminal-legal norms on liability for air pollution. So, in Art. Art. 8.21 of the Code of Administrative Offenses provides for administrative liability for the emission of harmful substances into the atmosphere, violation of the conditions of a special permit for the emission of harmful substances into the atmosphere, violation of the rules of operation, non-use of facilities, equipment or apparatus for gas purification and control of emissions of harmful substances into the atmosphere. Part one of article 251 of the Criminal Code of the Russian Federation air pollution establishes criminal responsibility for violation of the rules for the emission of pollutants into the atmosphere or violation of the operation of installations, structures and other objects, if these acts have caused pollution or other changes in the natural properties of the air. According to the law, it occurs regardless of the degree of excess of the MPC of pollutants, the occurrence or creation of a real danger of occurrence. harmful effects, in particular, for the very fact of air pollution in violation of the rules for the emission of pollutants into the atmosphere . The same actions that negligently caused harm to human health , are punishable under part 2 of article 251 of the Criminal Code of the Russian Federation, and acts that negligently caused the death of a person - under part 3 of this article. The application of Part 1 of Article 251 of the Criminal Code of the Russian Federation in strict accordance with its literal content would mean the closure of many industrial enterprises, contributing to the further development of the already progressing economic crisis in our country, bringing to justice for acts of low public danger (for example, a motorist for excess of carbon monoxide content in exhaust gases) and distortion of the criminal policy of the state in the field of environmental protection. Article 223 of the former Criminal Code of the RSFSR of 1960 had a similar structure. Taking into account such circumstances, the Plenum Supreme Court The USSR in paragraph 8 of the resolution of July 7, 1983 "On the practice of application by courts of legislation on nature protection" subjected part 1 of article 223 of the Criminal Code of the RSFSR to a restrictive interpretation and explained that (as in the case of pollution of water bodies) air pollution can be recognized as a crime only when, as a result of exceeding the established emission standards, harm is caused or a real danger of harm to human health, fish stocks, wildlife or flora is created. Obviously, Part 1 of Article 251 of the new Criminal Code of the Russian Federation should be understood in the same sense. In the new Criminal Code, the content of the chapter "Ecological crimes", like others, is brought into line with the hierarchy of social values ​​adopted in a democratic state of law (individual, society, state), generally accepted international norms and requirements for combating modern forms and types of environmental crime, so to speak. It seems that the CC should be focused on recognition of the natural environment biological basis life, health, human activity. From these positions, environmental crimes are essentially crimes against humans and all life on earth by influencing the environment. Ideas about the social danger of these crimes are also changing significantly, while until now they belonged to the category of insignificant, secondary, little forces and means were allocated to combat them, they were not listed in state programs to combat crime.

In connection with the foregoing, differentiation of criminal liability for environmental crimes is given depending on the nature and degree of danger of the deed, the consequences, the identity of the perpetrator, the presence of mitigating and aggravating circumstances. The design of criminal law norms, as a rule, takes into account the nature and severity of the harm caused by an environmental crime to human health or life. However, the differentiation of criminal liability for environmental crimes in modern Russian criminal law is far from perfect. And it is determined primarily by four main aspects:

-low level of legal culture of Russians;

- the presence of a whole complex of administrative and legal norms intersecting with criminal norms in the field of ecology and environmental protection;

- ineffective work of the environmental prosecutor's office; In the new Criminal Code of the Russian Federation, the number of norms on crimes related to causing harm to the natural environment has more than tripled (from 4 to 14). The concept of environmental crimes in the Criminal Code is not given. Meanwhile, its formulation is significant for achieving many important goals. After all, the idea of ​​the total social danger of environmentally harmful acts is necessary for the correct classification of those acts that should be recognized as criminal. From here - correct interpretation environmental crime serves as the methodological basis of the rule-making process.

outside correct presentation about the essence of a socially dangerous act, it is impossible to build sanctions, determine the goals of the criminal law norm, the scope and tasks of preventive work. Evaluation of the effectiveness of criminal liability and the applied criminal law sanctions is inevitably associated with an analysis of illegal behavior, a clear understanding of its model.

The general concept of environmental crime is nothing more than its generic concept, which includes a number of generic features. - a crime is a guilty socially dangerous act prohibited by the Criminal Code under the threat of punishment. An action (inaction) is not a crime, although it formally contains signs of any act provided for by this Code, but due to its insignificance does not pose a public danger(Art. 14 of the Criminal Code of the Russian Federation). In the legal literature there are definitions of these encroachments in accordance with common features crimes specified in the criminal code. As a rule, they are connected or follow from the definition of the object of criminal influence and are built according to the scheme: "A crime in the field of nature protection is an act that encroaches on such and such relations (their statement follows)". - environmental protection, compliance with the rules for the protection and use of land, subsoil, the marine environment, the continental shelf, compliance with the rules of hunting;

- rational use of its wealth as one of the ways of protection;

-preservation of proper quality natural conditions for human life and preservation of critical habitats for organisms listed in the Red Book of the Russian Federation (protection from pollution and environmental poisoning, noise, heat, vibration, etc.), including ensuring environmental safety, improvement and reproduction natural resources.

Unsuccessful past attempts to consider environmental crimes as a variety of crimes in the field of economic activity did not allow to adequately reveal the specifics of crimes in the field of environmental protection, shifting the center of gravity from environmental relations to material, cost, which is completely insufficient from the point of view of contemporary ideas about the interaction of society and nature. . In addition, only those elements of nature that have a certain material form and can be in the power of people are in property. However criminal law it also protects such elements of the natural environment that cannot be owned by anyone at all, for example, the atmosphere, subsoil, water high seas, marine environment, fauna and flora of Antarctica. And etc. . international agreements the right of states to dispose of certain specially protected species of animals listed in the Red Book of the Russian Federation is limited.

The legislator does not include crimes in the field of nature protection in the circle of crimes against property, otherwise he would place environmental norms in the chapter of the Criminal Code “Crimes against property”.

The Constitution of the Russian Federation (Article 9), the Law of the Russian Federation "On Property in the Russian Federation" (Article 6), the Land Code (Article 3), civil legislation and a number of other normative acts on natural resources establish different kinds property. But it does not follow from this that property relations are the object of environmental crimes. As is known, property is considered in an objective and subjective sense as an economic category and as a legal concept, as a right of ownership. In the economic sense, property is a historically conditioned form of appropriation of elements of the natural environment, in which social relations between people are expressed in the process of production, exchange, distribution and consumption of material goods. That is, property is primarily the most important production socio-economic relation.

Comparing environmental crimes with crimes in the sphere of economic activity, it should be noted that some norms on the protection of the natural environment are associated with economic use natural resources:

- Violation of the legislation of the Russian Federation on the continental shelf and on the exclusive economic zone of the Russian Federation (Art. 253 of the Criminal Code of the Russian Federation);

- Violation of the rules for the protection and use of subsoil (Art. 255 of the Criminal Code of the Russian Federation);

- Illegal harvesting of aquatic animals and plants (Art. 256 of the Criminal Code of the Russian Federation);

-Illegal hunting (Art. 258);

- Illegal felling of trees and shrubs (Art. 260 of the Criminal Code of the Russian Federation)

These norms provide for liability for violation of the rules for the protection of natural resources through the adverse impact on them of the following factors: destruction, damage, poisoning, pollution. Of course, from an economic point of view, nature is the raw material base of the modern economy, but when analyzing environmental crimes, the emphasis should be on the fact that natural resources in their totality form the habitat of humans and other living beings. Therefore, not only economic damage should be taken into account, but mainly environmental damage: shifts in the ecological system, violation of radiation, heat, energy balance, impact on human health, extinction of plants and animals, etc.

On the other hand, the position that the object of environmental crimes are natural resources (forest, water and air, land, subsoil, atmosphere, natural and vegetable world), since in this case no distinction is made between the object and the subject of the encroachment. In conclusion, we note that in the legal literature there is a point of view that environmental crime should be considered “a socially dangerous act (action, inaction) provided for by criminal law that encroaches on the environment and its components, the rational use and protection of which ensure optimal human life, and consists in the direct use of natural objects as a social value and leads to negative changes.”

At the same time, the conditions are ripe for solving at least two problems that can give a significant result. . 1) development of a fundamentally new, taking into account the world experience of environmental legislation. 2) speedy adoption environmental laws, the implementation of which can have an effect even with relatively small investments and costs.

It seems to be inappropriate to link the development of environmental law with the form of a central environmental legislative act. In the end, it is not so important whether it will be considered as a foundation, a law or a code, and perhaps a series of separate laws that have a certain hierarchy. More significant is the development of a catalog, a list legal means implemented real environmental legal regulation. Such a list should be prepared on the basis of using all the experience of domestic and foreign legislation, available theoretical and methodological developments, judicial and administrative practice, and conducting special social and legal research. It should include:

a) designation of objects of environmental legal regulation. Here there is an urgent need to shift the focus from natural objects and their condition to the use of natural resources, in particular, the use of environmental standards, pollution indicators should be methodologically expanded, and they should include indicators of the consumption of natural resources compared to the achieved, technologically feasible level. This will make it possible to cover in more detail by legal regulation such technologies that lead to a colossal squandering of natural resources.

b) creation of a unified normative conceptual apparatus . At the same time, the concepts used need serious harmonization; in any case, environmental concepts should be used in normative acts in the same or at least comparable meaning;

Environmental protection is one of those global problems, the solution of which requires a comprehensive and universal solution, the introduction of a set of effective measures to restore natural resources, prevent pollution of the world's oceans and atmosphere, etc. For more than one century, man thoughtlessly spent natural resources, and today the time has come when we realize that the planet's reserves are not endless and require not only rational use, but also restoration.

The main factors that ecologists pay attention to are the provoking thinning of the ozone layer of the atmosphere and leading to the "greenhouse effect", the discharge of harmful substances into the world's oceans, which causes the death of its inhabitants, and an increase in the volume of production waste that does not decompose. The BP oilfield incident that led to the present one showed how much more extensive protection is needed in the oil and gas complex. After all, it is in this sector of industry that any accident leads to horrific consequences, from which nature cannot recover for years.

Today, environmental protection is one of the critical issues, which are decided by the governments and most countries of the world. Scientists are looking for more gentle technologies for the production and processing of raw materials, developing complexes for its subsequent disposal or reuse, exploring the possibilities of reducing the amount and concentration of harmful emissions into the atmosphere, trying to use safe energy sources and more environmentally friendly fuels.

It is the unfavorable ecological situation that affects not only natural

resources, but also on human health: decreasing average duration lives of people, the number of babies born with developmental pathologies or congenital diseases is increasing, the number of infertile couples and cancer patients is growing. It was such disappointing statistics that became the reason for the development of a set of measures aimed at changing the current situation.

Protection in Russia has become one of the priorities in recent years domestic policy states. It involves the development and implementation of new, safe production technologies, measures for the restoration of natural resources (new forest plantations and limitation of logging, restoration of the population of water bodies, rational use of subsoil resources, reuse of various raw materials, etc.). Along with these measures, the number of protected areas, national parks and reserves is increasing.

The State Committee for Nature Protection is called upon to regulate and control the use of resources. His direct responsibility is to develop regulations, requirements and rules. Only in our country the norms of environmental law are included in the main law of the state - the Constitution. In addition, in order to properly use resources in various industries, the Subsoil Law, as well as the Water, Forest and Land Codes have been developed. Despite a fairly large number of environmental departments, environmental protection in our country is still not sufficiently developed. And it's not so much a bug. state power how much is each person's own attitude to the world in which he lives.

Protection of Nature- this is a rational, reasonable use of natural resources, which helps to preserve the pristine diversity of nature and improve the living conditions of the population. For nature protection Earth the world community is taking concrete action.

Effective measures to protect endangered species and natural biocenoses are to increase the number of reserves, expand their territories, create nurseries for the artificial cultivation of endangered species and reintroduce (that is, return) them into nature.

A powerful human impact on ecological systems can lead to sad results that can provoke a whole chain of environmental changes.

The influence of anthropogenic factors on organisms

Most of the organic matter does not decompose immediately, but is stored in the form of wood, soil and water sediments. After being preserved for many millennia, these organic substances turn into fossil fuels (coal, peat and oil).

Every year on Earth, photosynthetic organisms synthesize about 100 billion tons of organic substances. Over the geological period (1 billion years), the predominance of the synthesis of organic substances over the process of their decomposition led to a decrease in the content of CO 2 and an increase in O 2 in the atmosphere.

Meanwhile, since the second half of the XX century. the intensive development of industry and agriculture began to cause a steady increase in the content of CO 2 in the atmosphere. This phenomenon can cause climate change on the planet.

Conservation of natural resources

In the matter of nature protection, the transition to the use of industrial and agricultural technologies, which make it possible to economically use natural resources, is of great importance. For this you need:

• the most complete use of fossil natural resources;
• recycling of production wastes, use of non-waste technologies;
• obtaining energy from environmentally clean sources by using the energy of the sun, wind, kinetic energy ocean , underground energy .

Especially effective is the introduction of non-waste technologies operating in closed cycles, when waste is not emitted into the atmosphere or into water basins, but is reused.

Biodiversity conservation

Security existing species living organisms is also of great importance in biological, ecological and cultural terms. Every living species is a product of centuries of evolution and has its own gene pool. None of the existing species can be considered absolutely beneficial or harmful. Those species that were considered harmful may eventually turn out to be useful. That is why the protection of the gene pool of existing species is of particular importance. Our task is to preserve all living organisms that have come down to us after a long evolutionary process.

Plant and animal species, the number of which has already declined or is endangered, are listed in the Red Book and are protected by law. In order to protect nature, nature reserves, micro-reserves, natural monuments, plantations of medicinal plants, reservations, national parks and other conservation activities. material from the site

"Man and the Biosphere"

In order to protect nature in 1971, the international program "Man and the Biosphere" (in English "Man and Biosfera" - abbreviated as MAB) was adopted. According to this program, the state of the environment and human impact on the biosphere are studied. The main objectives of the program "Man and the Biosphere" are to predict the consequences of modern human economic activity, to develop methods for the rational use of the riches of the biosphere and measures for its protection.

In countries participating in the MAB program, large biosphere reserves are being created, where changes that occur in ecosystems without human influence are studied (Fig. 80).

Man and nature are not a parity relationship, since the dominant role belongs to nature. Nature is the whole world that surrounds a person, it is the cradle of life in various forms and meanings. Everything that exists, the environment around us can exist in living and inanimate form, but this world in various manifestations affects our life.

Relationships and patterns of interaction of all things were noticed in ancient times and were part of human philosophy. Rapid development technical progress, the desire to subdue nature - all this brought to the fore the issues of conservation ecology and environmental protection.

The most powerful plants are being built, gigantic stations are being erected, the length of gas and oil pipelines is growing every day. All this is part of technological progress for the benefit of mankind, but the reverse side of this progress is the death of forests, the change of landscapes.

For many years we have consoled ourselves with the idea that man is the master of nature, but it is his "management" that leaves behind lifeless spaces, barren deserts, destroyed ecosystems and contaminated water bodies. deplorable state ecology and environmental pollution does not allow modern human society enjoy the freshness of the sea tide, the pure breath of the forest space, the crystal water of the source.

This is how we changed nature. Explosions of nuclear power plants, rivers of running gasoline, sewage from factories and plants, exhaust smog, depletion of blue ribbons of rivers, deforestation forest areas. And if a reasonable person does not realize the responsibility for state of ecology and environment, what will he leave behind on the blue planet?

Today, these issues are of concern to many people who unite in "green" societies, ecological unions. After all, only by joint efforts can we revive and preserve natural resources and be responsible for all life on our planet, for our home - the cradle of life.

Environment and its protection

The current state of the environment requires protection through the law and a whole system of environmental regulations. Environmental protection and ecology should limit the harmful and destructive influence of man on surrounding nature. Many countries and communities in the modern world have introduced special measures to ensure environmental protection.

Strict restrictions on emissions of substances and harmful gases into the hydrosphere and atmosphere have been introduced. The creation of specialized unique reserves, national parks, and wildlife preserves is being organized and financed. Restrictive measures are being introduced to catch fish, as well as the seasons and sizes of hunting are being reduced. The problem of garbage and industrial waste is solved using modern methods and processing technologies.

Since 1972, the United Nations Global Assembly has declared the date of June 5 as a day of celebration world day environment. The choice of this date is not accidental, because it was in 1972 that the Stockholm Conference considered serious Environmental issues. This day is a call for the annual holding of special events by states and organizations aimed at preservation of ecology and environment.

On June 5, Russia also celebrates the Day of the Ecologist, but every inhabitant of the Earth must remember that a healthy environmental ecology These are not holidays, but actions. non-compliance ecological balance can lead to tragic consequences.

Depressing forecasts

• The annual increase in the area of ​​deserts is 27 million hectares, which leads to a catastrophic loss of fertile soil for all mankind. All together, the wheat fields of Australia - that's the area of ​​land that agriculture loses annually.
• Only 3% of the population in 1800 lived in cities, 50% of urban residents were recorded by statistics in 2008, and by 2030 the concentration of people in cities will be 60%.
• Information technologies are already the result of 2% CO2 entering the Earth's atmosphere, which exceeds the volume of emissions carbon dioxide from aviation activities. The expected forecasts are disappointing and it is assumed that developments in the field of Internet technologies by 2020 will increase CO2 emissions to the atmosphere up to 20%.
• Biologist Wilson of Harvard University argues that 30,000 species of various living organisms disappear from the face of the Earth every year, and the end of the millennium at this rate will be marked by the irretrievable loss of half of the current biodiversity.
• The irrational development of various deposits by the end of this century may cause the complete depletion of the Earth's minerals.
• The areas of primeval forests, which are the habitat of 3/4 of all biological species of the planet, have decreased by 20% over the past 40 years, and are rapidly declining.
• The planet's coral reefs have shrunk by 30% and the destruction of unique ecosystems continues.
• Natural disasters and catastrophes on the planet from 2000 to 2006 inclusive increased by 187% compared to the previous decade. And this is the answer of the planet to our attitude towards it.
• W pollution of groundwater ecology becomes a potential threat to pollute 97% of fresh water resources on the planet.
• Influence ecological situation on the environment will lead to the complete disappearance of snow on Kilimanjaro by 2033.
• Global warming has an intense effect on permafrost, which causes Russia to lose 30 square kilometers of land every year.

Ecology, environment and industrialization

The above facts show how industrial progress affects ecology and pollution environment. Our planet can no longer be proud of clean air, fertile soil and "living" water. Almost every city is similar to one another with a huge number of cars, factories and factories.

Industrial activity, producing by-products, kills all life on the planet. Acid rain, global warming, the thinning of the ozone layer - the list is quite long, which consists of many small violations, non-compliance, negligence.

All this negativity, and the processes associated with it, are caused by a huge amount of pollutants that enter the atmosphere from industrial enterprises. Cities devoid of vegetation are suffocated by smog. Diesel and gasoline engines road transport poison the air every day.

Huge tracts of forests - the lungs of the planet - are mercilessly destroyed in favor of the growth of industry. The oxygen balance is disturbed not only in a single country, but throughout the planet.

Many animals, birds and plants are listed in the Red Book, others are balancing on the verge of extinction, because the animal world has not only become a source of food for mankind, but a product of greed and entertainment.

Floodplains of rivers and lakes turn into deserts, salt marshes, fetid puddles. Birds no longer find shelter along the rich food banks of rivers and lakes. Fish stocks are depleted or killed by oil spills. We can partially observe the once rich fish populations only in aquariums.

And for this there is no need to read frightening press reports, at each nearby reservoir we can observe a depressing picture of pollution and irresponsible attitude to ecology and environment. What other “horror stories” are needed so that every person understands that destroying nature is not ethical, not fashionable, but dangerous?

environmental education

Undoubtedly, problems of ecology and environment should be solved at the global level, using legislative, organizational, sanitary-hygienic, engineering and other measures and levers. But, you can start now to take care of your home - the Earth within your home, district, city.

For example, in the Murmansk region, on the basis of the children's and youth library, activists from the Nature and Youth organization held a mass master class on making ecological bags using the Japanese Furoshiki technique.

The Furoshiki technique allows using a square piece of fabric as a container for carrying various items of various sizes and shapes. The purpose of this event was great desire the younger generation to abandon plastic bags as objects that pose a danger to the environment.

A little imagination, and a lot of money and resources for the production of unnecessary plastic is saved, without harming the environment. “Let's save the planet together” - this was the slogan of this day, where the employees of the organization informed children and parents about the destructive impact of anthropogenic impact on nature and the need environmental protection from ourselves.

It is possible to start small, and even such a contribution to protecting the environment and improving the environment will make our future healthier.

The environment is not just what is around a person, it is on it that people's health depends, as well as the ability to live on this planet for future generations. If it is irresponsible to approach its preservation, then it is quite likely that the destruction of the entire human race will occur. Therefore, everyone should be aware of the state of nature, as well as what contribution he can make to its protection or restoration.

What depends on the environment?

All life on Earth depends on how good the environment is. At the same time, it is impossible to take into account any particular area, since all systems have a certain relationship with each other:

• atmosphere;
• oceans;
• sushi;
• ice sheets;
• biosphere;
• water streams.

And every system is threatened in one way or another. But after specific area exposed to too much negative impact, various natural disasters may occur. Those, in turn, without fail threaten the lives of people. Therefore, everything depends on the environment, from a favorable human life to the preservation of natural resources for future generations.

Supervision of all systems is carried out by responsible persons. However, as has been pointed out, each person will suffer if any sphere reaches critical point leading to natural disaster. For this reason, everyone must ensure that nature remains in its original state, or, if it has already been violated, every effort is required to restore it.

Nature and environment

Virtually every person has an impact on the environment, regardless of their occupation. Some of them do really useful things, with the help of which vast wealth can be conveyed to future generations - clean air and water, untouched nature, and so on. However, most people have a negative impact, which gradually destroys everything that the planet gives humanity.

Fortunately, many countries in our time are well aware of the importance of the environment, their responsibility for its safety. And it is precisely for this reason that it is possible to save individual natural wealth, resources, without which the environment will perish, and soon after it, all of humanity.

Both countries in general and individual organizations in particular need to pay their attention not only to virgin areas of nature, but also to those that really need human help. These are marine ecosystems, the atmosphere, because people's health directly depends on them. Therefore, the conservation of nature and the environment surrounding mankind is based not only on responsibility for a specific area, but also for their totality, interconnection. If we take chemical waste as an example, then they should be considered not only as elements that spoil human health, but also as those that harm nature.

Human-environment interaction

It is known that not only environmental resources, their safety, but also human health depend on the release of chemical waste into the atmosphere or marine ecosystems. In this regard, by 2020 it is planned to completely eliminate such pollution, not even reduce it to a minimum. For this reason, nowadays all those enterprises that deal with chemicals must submit detailed reports on how the waste is disposed of.

If there is an increased concentration of substances that are harmful to humans in the atmosphere, it is necessary to quickly reduce their level. But this requires the participation of all people, and not just those organizations that have a certain responsibility for protecting the environment. There is a generally accepted and undeniable opinion that it is extremely important for a person to spend time on outdoors. This benefits him, helps to correct or maintain health at a good level. However, if he inhales chemical waste, then this will not only not contribute to the task, but also harm. Consequently, the more responsible each individual behaves in relation to the environment, the more likely it is to preserve and maintain it for many years.

marine ecosystems

Many countries and states are surrounded by large bodies of water. In addition, the water cycle cannot be ignored. Therefore, any city, even if it is located in the center of the mainland, has direct relationship to marine ecosystems. Consequently, the life of all people on the planet is connected with the oceans, therefore the preservation and protection of the water space is far from the last task.

The Department of the Environment simply cannot do without protection work. marine ecosystems. Its mission is to minimize pollution of the oceans. Unfortunately, contemporary activities a person cannot exclude this factor, but it is necessary to strive to reduce it.

The sources that pollute the hydrosphere are as follows:

1. Communal economy.
2. Transport.
3. Industry.
4. Non-manufacturing area.

The maximum negative effect is exerted by industrial emissions into rivers or seas of various wastes.

Air pollution

The atmosphere is a system that has several ways of self-defense. However, the negative impact on the environment in our time is so great that it does not have enough strength for defense activities, as a result of which it gradually wears out.

There are several main sources that pollute the atmosphere:

1. Chemical industry.
2. Transport.
3. Power industry.
4. Metallurgy.

Among them, aerosol pollution is especially frightening, which means that particles are emitted into the atmosphere in a liquid or solid state, but they are not part of its permanent composition.

However, oxides of carbon or sulfur are more dangerous. It is they who lead to the greenhouse effect, which results in an increase in temperature on the continents and so on. Therefore, it is necessary to carefully monitor the composition of the air, since additional impurities will sooner or later affect humanity.

Ways to protect the environment

The higher the negative impact on nature, the more organizations should be created that will not only be responsible for its protection, but also disseminate information that helps all the inhabitants of the planet understand how dangerous pollution is. Consequently, with the growth of harm, protective measures are also intensified.

International includes several methods of conservation of nature and its resources:

1. Creation of purification facilities. They can exert their influence only on marine resources or the atmosphere, or they can serve in a complex.
2. Development of new cleaning technologies. This is usually done by companies that work with chemicals to facilitate disposal or increase the positive impact in a particular system.
3. Proper placement of dirty industries. Security companies and organizations still cannot answer the question of where exactly the respective enterprises should be located, but it is being actively resolved.

In a word, if a solution to the problem of the ecological state of the planet is sought, then it is necessary for all representatives of the world community to do this. Nothing can be done alone.

Payment for pollution

Since today there are no countries where human activity is not associated with some enterprises, environmental fees are charged. This process takes place in accordance with the law adopted in 2002.

A common mistake companies engaged in dirty production is that after paying for the conservation of nature, they continue the process of negative impact on it. In fact, this can lead to criminal liability. The payment of the fee does not at all exempt from liability, and each enterprise is obliged to strive to reduce the harm, or even eliminate it altogether.

Conclusion

In conclusion, we can say that the environment is the totality of all those elements that are around people. It was she who provided the opportunity for evolution, for the emergence of the human race. Therefore, the main goal of our time is its protection, purification and preservation. If this does not happen, then in just a few centuries the planet will turn into a place unsuitable for human life and activity.