scholarly journals Tackling Environmental Crimes in Russia: Problems and Prospects from the Viewpoint of Building an Environmental and Legal Culture

2019 ◽  
Vol 13 (1) ◽  
pp. 114-124
Author(s):  
Aleksandr Ivanov
Keyword(s):  
Environmental Protection ◽  
Criminal Law ◽  
Legal Culture ◽  
Legal Liability ◽  
Environmental Legislation ◽  
Sociological Study ◽  
Nature Protection ◽  
The Public ◽  
Protection Legislation ◽  
Environmental Crimes

The author presents a brief historical overview of the institute of environmental-legal liability in Russian and foreign legislation and examines the relevance of introducing the concept of environmental-legal liability; the author also analyzes the discussion on including in Russian and foreign legislation a system of criminal law liability measures for crimes connected with the use of natural resources and environmental protection. The author examines views of Russian and foreign authors on the process of building environmental legislation and notes that it faces various problems. The greatest problem is that the public conscience is not ready for criminal law prohibitions in the environmental sphere, which leads to a high number of offences, the inability of law enforcement bodies to effectively use criminal law measures against people who have violated the nature protection legislation, the latent character of this group of crimes, the absence of unity and consistency in the actions of lawmakers, especially regarding the adoption of environmental normative legal acts at different levels. The author suggests replacing some concepts and norms used in Russian criminal legislation and changing the classification of environmental crimes. He uses the methods of comparative law to analyze the experience of creating a codified normative legal act in the sphere of nature protection. The author concludes that it is too early now to adopt an environmental code in Russia, that the legal system is not ready to build the institute of environmental legal liability and that it is necessary to develop environmental legislation through the traditional method – by including the corresponding rules in the acts of different branches of law. He examines the correlation between the existing administrative and criminal legal prohibitions and concludes that in some cases such prohibitions merge in public consciousness. The author states that the object of crime in the sphere of environmental protection is often multifaceted and complex. He presents the results of a sociological study and concludes that it is necessary to build a system of criminal law prohibitions that corresponds to the public needs and the existing level of legal culture of the people.

scholarly journals Pro-Environmental Behaviour of EU Citizens

2019 ◽  
Vol 17 (1) ◽  
pp. 40-57
Author(s):  
Marta Orviska ◽  
Jan Hunady ◽  
Denisa Mlynarova
Keyword(s):  
Regression Analysis ◽  
Environmental Protection ◽  
Women Managers ◽  
Daily Life ◽  
Environmental Standards ◽  
Environmental Legislation ◽  
Cross Sectional ◽  
Environmental Behaviour ◽  
Positive View ◽  
Protection Legislation

This article examines the pro-environmental behaviour of EU citizens and the potential connection with their attitudes towards common environmental legislation and environmental standards. It analyses factors of the pro-environmental behaviour of EU citizens and their attitudes towards EU environmental legislation and helping non-EU countries improve their environmental standards. The article uses cross-sectional regression analysis based on Special Eurobarometer survey. Respondents show a mostly positive view of EU environmental protection legislation and standards enforcement. Respondents with pro-environmental behaviour in their daily life are significantly more in favour to common environmental legislation and standards. Women, managers, and those interested in political affairs are more positive as well.

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".

scholarly journals THEORETICAL ASPECTS OF LEGAL REGULATION OF ENVIRONMENTAL ACTIVITY: THE CONCEPT "ENSURING ENVIRONMENTAL SAFETY" IN RELATION WITH THE CONCEPT OF "ENVIRONMENTAL PROTECTION"

2017 ◽  
Vol 21 (1) ◽  
pp. 198-208 ◽  
Author(s):  
E. V. Vorontsova ◽  
A. L. Vorontsov
Keyword(s):  
Environmental Protection ◽  
Environmental Law ◽  
Environmental Safety ◽  
Legal Framework ◽  
Legal Regulation ◽  
Environmental Legislation ◽  
Nature Protection ◽  
Systemic Problems ◽  
Legal Mechanism ◽  
Environmental Activities

The paper discusses the current problems of the Russian environmental law related to the need of improving the mechanism for the legal regulation of environmental activities in the Russian Federation. The authors emphasize importance of environmental problems and need for serious systematic work of state bodies, as well as participation of civil society to solve them. The need for an organizational and legal framework, which should be the foundation of all nature protection activities, is noted. Analyzing the state of environmental legislation, the authors conclude that, despite a large number of regulatory acts, the environmental and legal mechanism of the Russian state is not entirely effective. Justifying their position, the authors focus their attention on technical, legal and theoretical problems of the mechanism of legal regulation of nature protection activities. Among the existing problems, the authors highlight systemic problems of environmental legislation, the essence of which is the duplication and absence of internal unity of regulatory material. The reasons for this are chaotic work of the legislator and the lack of a single long-term plan for his work in the field of environmental protection. In addition to the above-mentioned problem, there is another problem of interpretation of such terms as "environmental safety", "ensuring environmental safety" and " environmental protection". All have been well analyzed. The need for resolving these issues for the practice of environmental activities, as well as their academic significance, is explained. The paper presents doctrinal points of view, as well as the author's position on the causes of some debatable issues in the scientific environment. The authors propose a solution. The features of the legislative consolidation of the terms of "environmental protection" and "ensuring environmental safety" are noted. According to the authors, it does not contribute to the development of a unified opinion on their correlation and creates the prerequisites for further discussions. In general, the authors conclude on imperfection of the legal mechanism regulating relations in the sphere of environmental protection.

scholarly journals Public Danger of Ecological Crimes in the Dynamics of Society

2021 ◽  
Vol 1 ◽  
pp. 57-62
Author(s):  
R. A. Zabavko ◽  
Keyword(s):  
Natural Resources ◽  
Criminal Law ◽  
Natural Environment ◽  
Historical Development ◽  
Negative Impact ◽  
The Public ◽  
Complete Destruction ◽  
Short Period ◽  
Ownership Rights ◽  
Environmental Crimes

The transformation of public danger of environmentally hazardous acts is considered. It has been established that in the process of historical development, the approach to determining their harmfulness has changed: previously it was associated with the violation of ownership rights to natural resources, and now it is associated with the possibility of complete destruction or change of nature. It is stated that the nature of the public danger of environmental crimes has greatly changed. The main actions that have a negative impact on the natural environment have been identified. It has been established that the degree of social danger of these acts has greatly increased. It is noted that the transformation of the public danger of the analyzed acts occurred in a very short period of time, and the current criminal law does not take into account the changes in full. Special measures are proposed to improve the criminal law protection of the environment and natural resources: taking into account the selfish motive when committing them, the formation of elements of environmental crimes as compounds of real danger

Economic and Legal Aspects of Environmental Protection when using Artificial Water Bodies

2018 ◽  
Vol 9 (3) ◽  
pp. 633 ◽  
Author(s):  
Maria Mikhailovna MUKHLYNINA ◽  
Elena Ivanovna SHISHANOVA ◽  
Andrey Igorevich NIKIFOROV ◽  
Natalya Yevgenievna RYAZANOVA ◽  
Konstantyn Anatolyevich LEBEDEV
Keyword(s):  
Environmental Protection ◽  
Water Body ◽  
Legal Liability ◽  
Legal Aspects ◽  
Water Bodies ◽  
Private Land ◽  
Artificial Water Bodies ◽  
The Cost ◽  
Artificial Water ◽  
Environmental Crimes

The article is dedicated to the economic and legal aspects of environmental protection when using artificial water bodies. It was proved that to improve the efficiency of administrative responsibility for environmental crimes, the size of compensations and penalties should exceed the cost of actions of environmental protection. This will encourage the entities using artificial water bodies to provide advantages to the measures of environmental protection when using artificial water bodies formed within the limits of private land lots. It was offered to distinguish the legally valid and illegal damage to the environment. It was determined that the payment of compensation for the damage to the environment on the base of the special permission of the authorities was not considered a civil and legal liability. The payment of such compensation shall be considered a term for the legal use of the artificial water body by the methods that can be the reason for the damage to the environment.

scholarly journals Criminal law policy on environmental crimes in context of sustainable development in Vietnam

2020 ◽  
Vol 175 ◽  
pp. 14004
Author(s):  
Thi Mai Dinh ◽  
Dinh Luan Nguyen
Keyword(s):  
Climate Change ◽  
Economic Growth ◽  
Sustainable Development ◽  
Environmental Protection ◽  
Criminal Law ◽  
The Core ◽  
Global Challenges ◽  
Scope Of Application ◽  
Resource Shortage ◽  
Environmental Crimes

Balancing between economic growth and environmental protection is the core of sustainable development. However, both developed and developing countries are facing many difficulties in dealing with global challenges such as climate change, pollution and resource shortage. In an effort to promote environmental protection and legislate punishment, environmental crimes have been included in criminal law. In order to increase its effectiveness, criminal law on environmental crimes need to be further specified, such as identification of environmental offences, inclusion of new offences, expansion of scope of application, increase on fine, and supplement existing sanctions for environmental offences. These changes can bring tremendous impacts on Vietnam’s sustainable development in the nearfuture.

scholarly journals Can a patient’s death go unpunished?

2021 ◽  
Vol 14 (1) ◽  
pp. 135-152
Author(s):  
Dominika Bek ◽  
Jakub Hanc
Keyword(s):  
Healthcare Professional ◽  
Professional Practice ◽  
Criminal Law ◽  
Public Interest ◽  
Medical Error ◽  
Medical Personnel ◽  
Legal Liability ◽  
Health Protection ◽  
The Public ◽  
Criminal Penalty

A medical error resulting in a patient’s death is one of the most difficult experiences in the professional practice of medical personnel. A healthcare professional faces the suffering and grievances of the deceased patient's relatives and, at the same time, the prospect of legal liability including a criminal penalty and prohibition from practising a profession. This article attempts to address the issue of the necessity and usefulness of applying such far-reaching consequences in all cases of the patient's death caused through a fault attributable to a healthcare professional. It argues for the widest possible use of mediation in cases of medical error, in particular in criminal law cases. It focuses on reasonable expectations of the deceased patient’s family and the need for the improvement of standards of health protection in similar cases. This perspective makes it possible to conclude that a criminal penalty for the perpetrator of an error is not always in the public interest. As regards the possibility of using mediation in cases involving a medical error, this article refers to the Polish normative tradition, although the dilemma highlighted in its title is certainly of a universal and transnational nature.

scholarly journals ENVIRONMENTAL PROTECTION AND PUBLIC PARTICIPATION IN THE U.S.S.R. DURING THE LATTER 20TH CENTURY

2021 ◽  
Vol 001 (001) ◽  
pp. 126-135
Author(s):  
Rinata Kazak
Keyword(s):  
Public Participation ◽  
Environmental Protection ◽  
20Th Century ◽  
Political Movement ◽  
Nature Protection ◽  
Green Movement ◽  
Totalitarian Regime ◽  
The Public ◽  
Second Stage ◽  
Third Stage

This article considers the evolution of public participation in environmental protection and the “green movement” in the USSR and subsequent legal developments in the later part of 20th century. The article deals with legal history, using the diachronic methods to examine the evolution of public participation in environmental protection under the pressure of the totalitarian regime. The public participation in the USSR is divided into three main historical stages. An overview of the main challenges and achievements of the "green movement” in the USSR during 1950s-1990s is included; as well as causes and consequences of environmental activities in the USSR are highlighted. The three stages of the evolution of public participation in the mid-20th century are as follows: The first stage (up to 1980s) is characterized by the non-politicized activity, usually initiated by students or created by tourist clubs; the second stage (1980s – 1990s) has a special feature that is, liberalization of the political movement; and the third stage (beginning of 1990s) is described by the significant decline of interest in the Nature protection activities, which can be attributed to the unstable political environment at that time.

scholarly journals Criminal Law Enforement Towards Journalists That Spread False News

Ius Poenale ◽  
2021 ◽  
Vol 2 (1) ◽  
pp. 53-62
Author(s):  
Rizky Efriliandis
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Code Of Ethics ◽  
Analysis Data ◽  
Legal Liability ◽  
Scientific Publications ◽  
The Public ◽  
The Press ◽  
The Government ◽  
False News

The press in performing its functions can not be separated from all acts of fraud and irregularities committed by the subjects of the press both the public, the press (journalists, media, press council, etc.), even the government. Criminal law has two main elements namely, the first is the existence of a norm, which is a prohibition or order (rule). Second, the existence of sanctions for violations of the norm in the form of threats with criminal law. This research aims: 1) to analyze criminal law enforcement against journalists who make the wrong coverage. 2) To analyze the legal liability system for journalists who make the wrong coverage. 3) To analyze the efforts that can be taken due to wrong press reporting. the research method used is qualitative analysis, data sources obtained through interviews, observations, documentation and literature relating to the title of the study. If the elements of crime committed by journalists are fulfilled egal liability mechanism for journalists who make the wrong reporting, then the legal liability is resolved through the mechanism of the Press Law by referring to the Press Council as the party authorized by law. Enforcement of criminal law against journalists who make scientific publications are based on journalists that have violated provisions which are guidelines for writing news an caused impact on parties who are disadvantaged by the publication. Efforts that can be taken as a result of wrong press reporting can be done by making complaints at the Press Council which will resolve public complaints on cases related to press reporting to immediately revoke, rectify, and correct false and inaccurate news accompanied by an apology to the reader, listener, and or viewer.There is an urgency for control by the Head of Newspapers in applying the journalistic code of ethics to journalists is carried out continuously. Moreover, the journalistic code of ethics needs to be a guideline for conducting news breeding. To the public, they should not hesitate to report to the Press Council if there is false publication of the news.

Umweltschutzrecht in der Ukraine

2021 ◽  
Vol 67 (3) ◽  
pp. 335-352
Author(s):  
Oleksandr Bilash ◽  
Tetyana Karabin
Keyword(s):  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Protection ◽  
20Th Century ◽  
Environmental Impact Assessment ◽  
Environmental Law ◽  
Environmental Legislation ◽  
Nature Protection ◽  
Basic Law

This article provides an overview of the formation and development of environmental law in Ukraine. The review covers the period from the early 90 s of the 20th century to the present days. The paper reveals the essence and the significance of the basic law "On Environmental Protection", as well as special laws aimed at regulating certain issues. The reasons and results of the environmental law new institute formation - the institute of environmental impact assessment - are highlighted separately. The authors concluded that the development of environmental law in Ukraine in the coming years would be carried out in two main directions. First, it is the systematization of a large number of legislative acts in the field of nature protection. Secondly, it is the approximation of Ukraine's environmental legislation to EU environmental law.

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