Law/5. Criminal law and criminology

Shagapova Ch. I.

Kazan Federal University, Russia

ON CRIMINOLOGICAL AND CRIMINAL LAW ASPECTS OF ENVIRONMENTAL CRIME

The analysis of criminological and criminal-legal characteristics [1, p. 244] environmental crime and the production of the investigation of environmental crime in Russia [2] dedicated to a lot of educational and scientific, that in no way detracts from the author to continue the study of this problem [3, p. 33].

The subject of this review will have some questions characterizing [4, p. 71] criminological and criminal law aspects of environmental crime in Russia.

Based on the research subject natural following questions [5, p. 486]: what are the reasons in Russia caused the growth and emergence of new types of environmental crimes; the number of recorded environmental crimes and what are the dynamics, what socially dangerous acts admit environmental crimes; whether there are constitutional and other legal basis for the protection of the environment; what are environmental crimes envisaged in the criminal legislation of Russia; what are the penalties for environmental offences; whether you want to further improve the prevention and the development of legislation on environmental offences and crimes? Many of these questions are scientific work, that does not prevent the author to Express their opinion [6, p. 683].

As is well known criminological characteristics of certain types of crime, including environmental crime, includes the following elements: 1) the status, dynamics, proportion, structure, level of latency, etc. of this type of crime and its separate groups; 2) the causes and conditions conducive to the Commission of crimes; 3) criminological characteristics of offender; 4) prevention and crime prevention [7, p. 63]. Consider only the first two criminological aspects of environmental crime.

The author agrees with a scientific approach that what is happening in Russia in 90-ies of XX century reforms in the political and socio-economic spheres led to the development of new market relations, providing for the de-monopolization of the state and establishing a multiplicity of forms of ownership, freedom of enterprise and other economic activities [8, p. 290; 9, p. 664]. This process was quite painful, causing, along with other negative consequences of a large increase not only the economic and organized and environmental crime, including the emergence of new types of crimes in this category [10, p. 387].

In Russia according to official statistics for the year 2016 was 2160,1 thousand crimes, including 23.7 thousand environmental crimes [11]. At the same time in 2010 it was 2628,8 thousand crimes, from them – 39,2 thousand environmental crimes [12]. From these data it follows that in 2016 in comparison with 2010 was 15.5 thousand less environmental crimes. Thus in recent years there has been a downward trend in recorded crimes, both in General and environmental crime [10, p. 389].

Quite often, environmental crime linked to corruption, which are characterized by high latency, what the author noted in the publication about the corruption crime in Russia [13, p. 1809], and therefore, in official statistics on environmental crimes according to the estimates of Russian experts reflected only one half (third) of the committed crimes in this category.

The author agrees with scientific approach Russia in order to prevent environmental crime need to cooperate with other States and international organizations, both at the European and world space [14, p. 290].

In the legal literature offers many definitions of the concept of "environmental crimes". For example, environmental crime is a socially dangerous act, which can be an action or omission carried out deliberately or by negligence, infringe on the established in the legislation of the Russian Federation of environmental attitude, environmental safety companies, harmful to the natural environment. Public danger of these crimes is to undermine the ecological security [15, p. 345].

In the legal literature describing the legal system of the Russian Federation, noted that "... the public relations arising in connection with the Commission of crime, are among the most regulated, due to their increased significance [16, p. 229]. Therefore, the Russian legislation in the part of the Criminal code of the Russian Federation [17] (hereinafter – CC RF), noted that it "is based on the Constitution of the Russian Federation and the universally recognized principles and norms of international law" (part 2 of article 1 of the criminal code) and criminal law reflected social threat of human-related encroachment on environmentally important facilities.

Primarily of interest is the definition of "environmental crime". A normative concept of environmental crime is given in article 85 of the Law of the Russian Federation dated 19.12.1991 N 2060-1 "About protection of surrounding environment" [18], but this law is abrogated under the Federal law of 10.01.2002 N 7-FZ "On environmental protection" [19].

The author adopts a scientific approach that the criminal code required in Chapter 26 "Ecological crimes" to define the concept of crimes of this category, by analogy with Chapter 33 of "crimes in the sphere of military service", that is, in the first article of Chapter 26 to give the criminal the legal concept of environmental crime [20, p. 517].

The development of environmental law began in the era of the industrial revolution, in connection with the increase of industrial emissions and pollution of natural resources. At the present stage of development of legislative base is quite diverse. Environmental protection is one of the most important areas in the activities of our state, which is reflected in the Constitution.

Thus, article 42 of the Constitution provides that "Everyone has the right to favourable environment, reliable information about its condition and on compensation of the damage caused to his health or property by ecological violations" [21]. In addition to the Constitution, environmental protection is enshrined in other legal acts contained in the Federal law of 10.01.2002 N 7-FZ "On environmental protection", decrees of the President of the Russian Federation (for example, the presidential Decree "On state strategy of the Russian Federation on environmental protection and sustainable development", etc.), resolutions of the Government of the Russian Federation (for example, the decree of the RF Government "On approval of the state program of the Russian Federation "environmental Protection" for 2012-2020", etc.).

As noted above, criminal liability for environmental offences defined in Chapter 26 "Environmental crimes of the criminal code [17].

In the legal literature on environmental crime adopted, as a rule, to distinguish two types of environmental offences General environmental crimes and environmental crimes. General nature of the violation of ecological security, constitutes a violation of certain rules that oblige the legislation of the Russian Federation [22, p. 23]. To common environmental crimes are: the violation of rules of protection of the environment by manufacture of works (item 264 of the criminal code); violation of rules of handling environmentally dangerous substances and wastes (article 247 of the criminal code); violation of safety rules when handling microbiological or other biological agents or toxins (article 248 criminal code); breach of regime of specially protected natural territories and objects (article 262 of the criminal code). Environmental crimes threaten the individual objects of natural environment, as an example, you can mark articles of the criminal code: water pollution (article 250 of the criminal code); air pollution (article 251 of the criminal code); marine pollution (article 252 criminal code); damage to land (article 254 of the criminal code); illegal hunting (article 258 of the criminal code); illegal felling of forest plantations (art. 260 of CC of RF) [17].

In the science of criminal law there is a scientific approach, according to which the special environmental structures also include crimes that are listed in other chapters of the criminal code – violation of safety rules at nuclear facilities (article 215), the concealment of information on circumstances creating danger to life or health (article 237), cruelty to animals (article 245) and ecocide (article 358) [23].

For committing environmental crimes provides for such forms of criminal punishment, as fine, deprivation of the right to occupy certain positions or engage in certain activities, compulsory work, correctional labor, forced labor, restriction of freedom, arrest, imprisonment for certain term. The purpose of the penalty of a fine and its amount depends on the nature of the crime. The penalty of the deprivation of rights to engage in certain activities or holding certain positions are set for the entire duration of this punishment. Punishment in the form of compulsory work consists in performance condemned in free from the basic work or study time of free public works and provides for offences such as water pollution (part 1 of article 250 of the criminal code), air pollution (part 1 of article 251 of the criminal code), illegal felling of forest plantations (part 1 of article 260 of the criminal code) and others.

As punishment for environmental crimes provides for penal and forced labor, which consists in the compulsory attraction of the convict to work with the deduction from his earnings in the state income in some part from 5 to 20%. These types of penalties for offences such as violation of rules of protection of the environment by manufacture of works (article 246 criminal code); destruction or damage of forest plantations (part 1 of article 261 of the criminal code) and others.

The most severe punishment is imprisonment for a definite term is established for such crimes as violation of rules of protection of the environment by manufacture of works (article 246 criminal code); air pollution (part 2-3, article 251 of the criminal code); damage of the earth (part 2-3, article 254 of the criminal code); illegal extraction (catch) of aquatic biological resources (CH. 1-2, article 256 of the criminal code), illegal hunting (part 2 of article 258 of the criminal code); destruction of critical habitats for organisms entered in Red Book of Russian Federation (item 259 UK the Russian Federation)the destruction or damage of forest plantations (part 1-2 of article 261 of the criminal code) and others. At the same time for violation of rules of handling environmentally dangerous substances and waste (part 3 of article 247 of the criminal code) the punishment shall be deprivation of liberty for a term up to 8 years [17].

The most stringent criminal penalties for ecocide, defined in article 358 of the criminal code, as "Mass destruction of flora or fauna, poisoning of atmosphere or water resources, as well as other actions capable of causing an ecological disaster...", provides for punishment of imprisonment for a term of 12 to 20 years [17].

Important criminal law aspects of environmental crime is that during the preliminary investigation and trial in a criminal case it is necessary to consider the legal aspects of other legal acts (e.g. Federal law of 10.01.2002 N 7-FZ "On environmental protection", etc.), as well as the resolution of Plenum of the Supreme Court on the practice of criminal prosecution for environmental crimes.

Thus, this study may be understood as the analysis of existing norms of the criminal code [24, p. 332] and criminological aspects of environmental crime in Russia. Discusses the General and specific types of environmental crimes, as well as possible criminal penalties that the court may appoint for their Commission.

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