Bioethical Approach to Distinguishing Between Criminal and Administrative Liability for air Pollution

The article examines the problem of distinguishing criminal and administrative liability for atmospheric air pollution from the perspective of a bioethical approach. The current regulatory framework is analyzed, including the provisions of Federal Law No. 96-FZ of May 4, 1999 “On the Protection of Atmospheric Air”, Article 251 of the Criminal Code of the Russian Federation, and Article 8.21 of the Code of Administrative Offenses of the Russian Federation. The necessity of transitioning from a formal legal qualification model, based solely on exceeding established standards (maximum permissible concentrations, maximum permissible emissions), to a material model that considers real and potential harm to human health and ecosystems is substantiated. The author proposes conceptual foundations for reforming criminal and administrative legal norms, including the introduction of material criteria for harm, consideration of socio-demographic context, and implementation of a presumption of harm to health. Special attention is given to improving procedural evidence mechanisms through the creation of interdisciplinary expert institutions and establishing mandatory comprehensive medical- biological expertise.