scholarly journals Improving criminal lawliability for environmental crimes: ideas and their legislative incarnation

2015 ◽  
Vol 2 (3) ◽  
pp. 133-139
Author(s):  
Y A Tymoshenko
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Environmental Crime ◽  
Legal Environment ◽  
The Real ◽  
Environmental Crimes

On the basis of the analysis made to the duration of the criminal law changes to the rules on environmental crimes concluded that often the legal adjustments are haphazard and does not take into account the features of this category of crimes, as well as the real needs of law enforcement in the field of criminal legal environment environment. In addition, attention is drawn to the need to respect rules of legislative technique in the construction of the criminal law regulations, so that the newly entered or modified rules allow to effectively counteract environmental crime.

Unearthing Under-Governed Territory

2018 ◽  
Author(s):  
Peter J. Stoett
Keyword(s):  
Climate Change ◽  
Criminal Law ◽  
International Organizations ◽  
Environmental Law ◽  
Environmental Crime ◽  
International Environmental Law ◽  
Mitigating Factor ◽  
Environmental Crimes

This chapter looks at whether and how international organizations and criminal law can help us deal effectively with transnational environmental crimes and, more broadly, with environmental insecurity and injustice. It explores the question of whether the climate change justice agenda can benefit from the expanded pursuit of transnational environmental crime. The chapter asks whether international environmental law, refurbished, act as a mitigating factor in climate change. It concludes that while current international legal instruments can help spur additional action, by themselves, they will prove inadequate. Consequently, one idea proposed is a new international environmental court to deter all forms of ecocide.

scholarly journals PROBLEMS OF ENFORCEMENT OF NORMS PROVIDING RESPONSIBILITY FOR ECOLOGICAL CRIMES 

2019 ◽  
Author(s):  
Т.Л. Магомадова ◽  
З.Л. Магомадова
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Code ◽  
Judicial Practice ◽  
Key Points ◽  
Environmental Crimes

В статье рассматриваются уголовно-правовые нормы, содержащиеся в гл. 26 УК РФ, устанавливающие ответственность за экологические преступления с точки зрения определения причин их низкой применяемости в судебной практике. Выделены наиболее актуальные уголовно-правовые проблемы, раскрыт ряд вопросов эффективности применения норм об ответственности за экологические преступления и проиллюстрированы ключевые моменты примерами правоприменительной практики, предложены пути законодательного их разрешения. The article discusses the criminal law contained in Sec. 26 of the Criminal Code, establishing liability for environmental crimes in terms of determining the causes of their low applicability in judicial practice. The most relevant criminal law problems are highlighted, a number of issues of the effectiveness of the application of the rules on liability for environmental crimes are revealed, key points are illustrated with examples of law enforcement practice, and ways to legislatively resolve them are proposed.

scholarly journals The Main Tendencies of Criminal Law Protection of Natural Objects in the History of the Russian Laws (the Middle of the XVII to the Early XX Century)

2021 ◽  
Vol 2 ◽  
pp. 69-73
Author(s):  
Galina V. Arsenyeva ◽  
◽  
Irina S. Khramova ◽  
Keyword(s):  
Criminal Law ◽  
Environmental Crime ◽  
Empirical Basis ◽  
Natural Objects ◽  
History Of ◽  
Further Development ◽  
Environmental Crimes

The article is devoted to the study of the evolution of Russian legislation on environmental crime. The empirical basis of the study was made up of legislative acts of the mid-XVII — early XX centuries. The main trends in the evolution of criminal law protection of natural objects are revealed. The authors came to the conclusion that despite a certain unsystematic and casuistic nature of the legislation establishing responsibility for environmental crimes, the provisions of legislative acts of the mid-XVII — early XX centuries served as the basis for further development of the system of environmental crimes.

scholarly journals To the question about the definition of «environmental crime»

2016 ◽  
Vol 12 (1) ◽  
pp. 245-247
Author(s):  
Elena V Frolova
Keyword(s):  
Environmental Protection ◽  
Russian Federation ◽  
Criminal Law ◽  
Environmental Crime ◽  
The Russian Federation ◽  
Definition Of ◽  
Criminal Legislation ◽  
Environmental Crimes

In this article, on the basis of the analysis of scientific approaches in the theory of criminal law and criminal legislation of the Russian Federation in the field of environmental protection describes some of the problems of the definition of "environmental crimes". It seems the author's definition of "environmental crime".

Time for a Protocol on Transnational Environmental Crime?

2021 ◽  
Author(s):  
Gregory L. Rose
Keyword(s):  
20Th Century ◽  
Criminal Law ◽  
Environmental Law ◽  
Transnational Crime ◽  
Organised Crime ◽  
Environmental Crime ◽  
Environmental Treaties ◽  
International Harmonisation ◽  
Voluntary Guidelines ◽  
Environmental Crimes

Environmental law became global through the adoption of environmental treaties in the last quarter decade of the 20th century. Similarly, globalisation of criminal law accelerated when the Convention on Transnational Organised Crime 2000 (CTOC) deepened international legal cooperation between States to combat transnational crime. A protocol to the CTOC, complemented by voluntary guidelines and model legislation, could promote international harmonisation of laws against environmental crimes. This article argues that the time is right to bring together certain elements of international environmental and transnational criminal law.

scholarly journals Doing Justice to the Environment

2013 ◽  
Vol 77 (3) ◽  
pp. 215-230
Author(s):  
Julie Adshead
Keyword(s):  
Criminal Law ◽  
Strict Liability ◽  
Environmental Crime ◽  
Sentencing Guidelines ◽  
Due Diligence ◽  
Low Level ◽  
Recent Introduction ◽  
Characteristic Features ◽  
Environmental Crimes

This article examines some of the characteristic features of environmental offences, in particular the ways in which these offences and their treatment in the courts deviate from general principles of criminal law. Despite the fact that environmental offences are often labelled as ‘quasi-criminal’, there has been long-standing criticism of penalties, particularly the low level of fines in magistrates' courts. The article also considers the possible reasons behind this and argues that, as well as the inexperience of lay magistrates, the perception of environmental crime, fuelled by the strict liability nature of most environmental offences, is a significant factor. The recent introduction of civil sanctions is evaluated along with recommendations for new sentencing powers and sentencing guidelines. The article concludes by considering further suggestions for more effective enforcement of environmental crime in the courts, including the introduction of specialist magistrates' courts and the use of more fault-based offences or a general defence of due diligence for environmental crimes.

scholarly journals Environmental Crime Victims under Criminal Justice System: A Study on the Development of Environmental Victimology

2019 ◽  
Vol 06 (01) ◽  
pp. 50-68
Author(s):  
Wanodyo Sulistyani
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Environmental Crime ◽  
Crime Victims ◽  
Hazardous Substances ◽  
System A ◽  
Environmental Crimes

Lack of attention to environmental crime victims under criminal justice system has led to the development of the study of environmental victimology. This study focuses to acknowledge victims’ losses as an impact of environmental crime and victimizationprocess. In the study of criminology, environmental crime is generated by environmental damaging activities, such as pollution, illegal hazardous substances dumping, land burning, illegal logging, etc. The damaging activities inflict harms not merely to the sustainability of the environment, but also to human and other creatures. Environment degradation has caused issues on health, economic, social, and cultural, as well as inequality. However, in some incidents, environmental crime is endorsed by state; the fact has created complexity in dealing with the crime. Furthermore, environmental crime is also related to other forms of crime, such as corruption and money laundering. Therefore, a multi-doors approach is established by involving several institutions to investigate the crimes. However, the approach does not sufficiently restore victims’ losses. The environmental victimology study is expected to enable criminal justice system to accommodate environmental crime victim’s interests for restitution or compensation. Therefore, this article overviews the widespread environmental crimes and the rise of attention to this issue. Consequently, it also describes the issue on criminal law enforcement to environmental crimes. Furthermore, it reviews environmental victimology study and the process of environmental victimization. Lastly, it analyzes the importance of environmental victimology study in arranging a policy on restoring the victims’ losses. The study employed normative legal research by applying statutory, comparative, and case study approaches.

Framing Meaning through Criminalization

2019 ◽  
Vol 22 (1) ◽  
pp. 3-33
Author(s):  
Javier Wilenmann
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Legal Scholarship ◽  
The Real ◽  
Plural Societies ◽  
Traditional Area ◽  
Area Of Application

Contemporary legal scholarship on criminalization focuses on evaluating the legitimacy of legislative decisions according to abstract standards of justice. In recent years, socio-legally oriented scholarship has attempted to do away with this focus by linking the theory of criminalization to the study of the real trends of criminal law enforcement. The article offers a critique of both approaches in what refers to the traditional area of application of the theory of criminalization, namely symbolic criminalization. It argues that whereas traditional papers discuss the legitimacy of the “enforcement of morality” through the criminal law, symbolic criminalization conflicts actually originate in disputes about meaning in plural societies. The real question that this phenomenon poses is thus not whether the enforcement of neutral morality is legitimate, but rather whether meaning framing through criminalization is.

scholarly journals Criminalizing Corporations In Environmental Crimes

Rechtsidee ◽  
2021 ◽  
Vol 7 ◽  
Author(s):  
Sanggup Leonard Agustian ◽  
Fajar Sugianto ◽  
Tomy Michael
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Research Method ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Strict Liability ◽  
Civil Law ◽  
Administrative Law ◽  
Corporate Criminal Liability ◽  
Environmental Crimes

The research objective is to find out how criminal law against the environment accommodates criminal acts committed by corporations and to find out the practice of settlement through criminal law instruments in terms of corporate criminal liability in the environmental sector. The research method used is a normative juridical research method. There is the existence of criminal law as a part of 3 law enforcement regimes (state administrative law and civil law). then the involvement of criminal law in the settlement in the environmental sector regulates the existence of corporate criminal liability (business entity) as a subject of criminal law. The corporate criminal responsibility used by the UUPPLH is strict liability according to the law.

scholarly journals Criminological Dimension of Environmental Crime

2018 ◽  
Vol 5 (4) ◽  
pp. 170-181
Author(s):  
Yu A Tymoshenko
Keyword(s):  
Law Enforcement ◽  
Negative Impact ◽  
Environmental Crime ◽  
Environmental Crimes

Despite the increased public danger and the prevalence of criminal attacks on the environment, statistics show that since 2010 the officially registered environmental crime has a negative trend. The reasons for this are many, and they are, as shown by the study, to a greater extent subjective. The fact that the legislator classifies the majority of criminal violations of the environment (60%) as minor, difficulties in investigating the facts of criminal pollution of the environment, the minimum Statute of limitations of criminal liability lead to the fact that combating environmental crimes is not a priority in the activities of law enforcement agencies. As a result, the reduction in the number of registered environmental crimes occurs against the background of the growth of administrative offenses. This is facilitated by the lack of clear, regulatory features that allow to distinguish between these types of responsibility, which often leads to an excessively broad law enforcement discretion. According to the results of the study, the level of latency of criminal attacks on the environment is 30-60% on the facts of illegal extraction of biological resources and 70-90% on the facts of environmental pollution. Increased latency of crimes related to the negative impact on natural objects, contributes to the poor design of their compositions as material.

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