scholarly journals Criminological Dimension of Environmental Crime

2018 ◽  
Vol 5 (4) ◽  
pp. 170-181
Author(s):  
Yu A Tymoshenko

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.

2019 ◽  
Vol 06 (01) ◽  
pp. 50-68
Author(s):  
Wanodyo Sulistyani

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.


2015 ◽  
Vol 2 (3) ◽  
pp. 133-139
Author(s):  
Y A Tymoshenko

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.


Author(s):  
Peter J. Stoett

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.


Author(s):  
Т.Л. Магомадова ◽  
З.Л. Магомадова

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.


2021 ◽  
Vol 2 ◽  
pp. 69-73
Author(s):  
Galina V. Arsenyeva ◽  
◽  
Irina S. Khramova ◽  

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.


2020 ◽  
Vol 89 (2) ◽  
pp. 15-25
Author(s):  
D. V. Halkin ◽  
O. M. Halkina

The normative and legal provision, organization and activity of militia dispatch centers of Soviet Ukraine in 1969–1991 have been studied. Various forms, methods and directions of activity of militia dispatch centers in 1961–1991 have been analyzed; and the activity of the militia in ensuring the protection of public order and the fight against crime has been reconsidered. The author has characterized the functions of militia dispatch centers, which were performed by them in the period from 1969 to 1991. The peculiarities of personnel and logistical provision of the militia dispatch centers in the specified historical period have been highlighted. The analysis of archival materials has demonstrated that the implementation of the function of the dispatch center was associated with the implementation of an increased number of tasks. However, the combination of the duties of a duty officer with performing the duties in another position led to the overburdening of a militiaman, which had a negative impact on law enforcement activity. Improving the organizational forms of the Soviet militia dispatch centers was carried out in several areas: 1) the creation of regular police units in all militia agencies, the number of which depended on the population, as well as changes in the operative situation; 2) increase in the number of regular shifts; 3) bringing the premises, equipment and logistics of dispatch centers in line with the established requirements; 4) the introduction of additional structures within dispatch centers, caused by an increase in the workload on dispatch centers as a result of the growth in crime rates; 5) increase of requirements to personnel of dispatch centers. In terms of reforming the law enforcement system, miscalculations and mistakes of the past years should be avoided. The specifics of dispatch centers’ activity is that it represents the interests of all services, combines the goals and objectives of public order, prevention and detection of crimes, as well as coordinates their actions in case of emergencies. The efficiency of crime detection, assistance to victims and detention of perpetrators depends on the effective organization of interaction between services and units. Thus, the creative use of obtained experience to improve the activities of the dispatch centers of internal affairs agencies will to some extent avoid mistakes and miscalculations made in previous historical periods.


Criminology ◽  
2021 ◽  

Environmental crimes represent a significant global problem and range from the illegal dumping of e-waste and industrial-scale negligence to wildlife crime, such as the illegal taking of flora and fauna (poaching) and the illegal trade of wildlife products (e.g., ivory). Environmental crimes can have severe and long-lasting consequences by threatening sustainability and food supplies, contaminating ecosystems, and risking the health and well-being of natural environments, wildlife, and human communities. Given the profitability of environmental crimes, this form of offending has become attractive to organized crime syndicates, leading to corruption and the removal of valuable socioeconomic resources from vulnerable communities. Until the introduction of green criminology in recent decades, environmental crimes were considered to fall under the remit of the hard sciences. Conservation criminology is a branch of green criminology. Conservation criminology is a multidisciplinary framework that draws together theories, tools, and methodological approaches from criminology, natural-resource management, and decision sciences, to (1) understand the processes that lead to environmental risk and (2) devise plans to reduce and prevent risks by effectively targeting antecedent factors. A key aim of conservation criminology is to inform evidence-based conservation policy and practice through the use of robust quantitative and qualitative data analyses. Conservation criminology addresses limitations of the broader field of green criminology, specifically its focus of economic power as the main cause of environmental crime. Conservation criminology has a more defined focus than green criminology. Further, the interdisciplinary framework of conservation criminology supports a holistic understanding of the environmental crimes that considers natural and human risk factors alongside contextual, cultural, and economic influences. From a criminological perspective, conservation criminology draws heavily on crime opportunity theories, crime prevention techniques, and analytic and methodological tools developed in crime science. While crime science perspectives play a large role in the field, conservation criminology does not advocate a particular theoretical perspective. Other criminological perspectives, including enforcement legitimacy, procedural justice, and deterrence, have also been applied to understand environmental crime and inform policy and practice. Influences from natural-resource management include the use of prevention strategies based on the precautionary principle, such as protected areas and community-based conservation, as well as an understanding of the environment as a social-ecological system comprising interactions between human and natural systems. Finally, conservation criminology draws on risk assessment, management, and communication principles from the risk and decision sciences. While the field is still in its infancy, studies in conservation criminology have grown exponentially in the early 21st century. Environmental issues of interest include wildlife poaching, illegal fishing, illicit trade in wildlife products, waste and water management, logging, and industrial noncompliance. Studies in conservation criminology assess the extent of environmental crime problems, explore situational factors that facilitate and impede opportunities for environmental crime, and investigate strategies to prevent and respond to these problems.


2018 ◽  
Vol 22 (2) ◽  
pp. 217-242 ◽  
Author(s):  
Kyle C. Ward ◽  
Paul A. Lucas ◽  
Alexandra Murphy

Since the legalization of recreational marijuana occurred in Colorado, politicians, academics, and the public have been paying close attention to what impact, if any, the legalization of recreational marijuana has on crime, substance use and abuse, and state revenue gains. However, research has not identified the potential impact that marijuana legalization has had on law enforcement officers in neighboring states. This study used survey methodology to explore how the legalization of recreational marijuana in Colorado has affected law enforcement officers and their duties in states that border Colorado. Using multistage cluster sampling, municipal police departments and sheriff’s offices in Kansas, Nebraska, and Wyoming were selected for inclusion in this study based off their proximity to Colorado and because none had legalized either medical or recreational marijuana at the time of this study. Results indicate that law enforcement officers view Colorado’s legalization of recreational marijuana as having a negative impact on their enforcement duties. Respondents note an increase in potency, perceived juvenile use, and strain on their resources as major issues they are now having to deal with. Analysis indicates that departments further away from Colorado perceive less of an impact than counties closer to Colorado’s border. Compared with Nebraska and Kansas, respondents from Wyoming perceived a larger impact on enforcement, but these differences were diminished when controlling for personal perceptions of marijuana.


2008 ◽  
Vol 22 (3) ◽  
pp. 219-269 ◽  
Author(s):  
Muhammad Abu Sadah ◽  
Simon Norton

AbstractThis article presents an empirical analysis of the impact of the enforcement of substantive UNCITRAL Model Law principles in the Middle East region. Despite the main differences in the schools of thought and jurisdictions in the Middle East, the major conclusion is that UNCITRAL principles are applicable. As compared with data taken from legislations and case law after adopting the UNCITRAL Model Law, in an extension of the analysis, findings show a marginally significant change and deviations from the basic principles of the Model Law in these countries. Analysis of the implications of these changes from the perspective of the role played by the Model Law, shows that there was significant theoretical and practical negative impact upon the overall objectives of the law enforcement effort.


Author(s):  
Denis Mikhaylovich Denisov

In this study, the issues of the state of counteraction of law enforcement agencies of the Russian Federation to illegal trafficking in weapons, explosives and ammunition at the present stage are considered. Given the meetings directions of heads of divisions of law-enforcement agencies, Federal National Guard Troops Service, Federal Security Service, Public Prosecution Office, Security Council of the Russian Federation on the specified question. Noted the importance of prevention in this area of work, based on the past redundancy of personnel of the MIA of Russia and increasing the role of the public (voluntary people's patrol, private security company) in security issues. Among other things, were touched upon the issues of the negative impact of the global Internet network on the spread of illegal methods of manufacturing of weapons, ammunition and explosives. Presented the statistical data on detection and suppression of crimes under articles 222–226 of the Criminal Code of the Russian Federation. The purposes, causes and conditions of illegal arms trafficking, as well as the composition of criminal acts related to this type of illegal acts are considered, the gaps in the current legislation are pointed out. Examples of control preventive measures and their results are given. Particular attention is paid to the forms and methods of participation of private security guards and members of voluntary people's patrol in the prevention, prevention and suppression of the spread of illegal weapons, ammunition and explosives, as well as reducing the risk of accidents, crimes related to the use of socially dangerous objects and substances.


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