About some problems of legal regulation of criminal liability for land damage
Автор: Ketova L.P.
Журнал: Вестник Алтайской академии экономики и права @vestnik-aael
Рубрика: Юридические науки
Статья в выпуске: 8-1, 2022 года.
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Land is the most important natural object and resource used by a person in economic activity, as well as the object of property rights and other rights. Its legal protection is an integral element of the national, food and environmental security of the country. An important role in the legal protection of land is played by criminal legal means. The article reveals the reasons for the weak use of Article 254 of the Criminal Code of the Russian Federation in law enforcement practice. According to the author, this is due to the unsuccessful constructions of Article 254 of the Criminal Code of the Russian Federation. As a result of the analysis of the norms of Article 254 of the Criminal Code of the Russian Federation and other legal acts, the following problems have been identified in the construction of the norms of Article 254 of the Criminal Code of the Russian Federation: the object of the crime is vaguely formulated, which, however, according to the author, is the fault or trouble not only of criminal law, but also of land, as well as other branches of Russian law; the formulation of the objective side of the crime it also needs to be corrected; there are flaws in the enumeration of methods of committing a crime. The author proposes to give a legal definition of the terms “land”, “lands”, “soil”, “soils” and establish a relationship between them; to distinguish between environmental damage due to damage to the land, entailing administrative responsibility, and environmental damage due to damage to the land, entailing criminal liability, for which it should, according to according to the author, Article 254 of the Criminal Code of the Russian Federation should be provided with a note in which, for the purposes of this article, it is necessary to determine the significant damage to the land caused by its damage and determine the amount of compensation for such damage that would entail criminal, not administrative responsibility; the list of actions with dangerous chemical or biological substances should either be expanded, or to refuse it.
Land damage, land pollution, criminal liability, article 254 of the criminal code of the russian federation, land, soil, environmental damage
Короткий адрес: https://sciup.org/142235223
IDR: 142235223 | DOI: 10.17513/vaael.2360