“Dead” rules of chapter 26 of the Criminal Code of the Russian Federation

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The article draws attention to the practice of application of norms about the criminal responsibility for environmental crimes, which include non-performing regulations, in particular articles 248, 259 of the Criminal Code of the Russian Federation. According to the Author, the establishment of criminal responsibility for crimes provided in articles 248, 259 of the Criminal Code of the Russian Federation, not caused by necessity in the absence of violations or their singleness. These regulatory provisions do not implement the objectives of part 1 of article 2 of the Criminal Code of the Russian Federation. These rules are “dead” and should be decriminalized. The responsibility for such illegal actions may be provided in an administrative or civil legislation, or offset by competing norms. In this situation, the change in the content of article 248, 259 of the Criminal Code of the Russian Federation will not affect their effectiveness.

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Environmental security, environmental crimes, criminal law,

Короткий адрес: https://sciup.org/143163683

IDR: 143163683   |   DOI: 10.19073/2306-1340-2018-15-1-45-48

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