On legal policy in the field of differentiation and individualization of environmental and legal responsibility
Автор: Lipinsky Dmitry Anatolyevich
Журнал: Правовое государство: теория и практика @pravgos
Статья в выпуске: 4 (50), 2017 года.
Бесплатный доступ
The article is prepared based on the presentation at the international scientific and practical conference "Actual Problems of State Environmental Policy", which was held on October 18, 2017 in the Bashkir State University. The author considers the legal policy in the field of environmental responsibility as part of legal policy, one of the principles of which is the differentiation and individualization of legal responsibility. The interdisciplinary nature of environmental and legal responsibility is justified and sanctions for environmental offenses are analyzed. It is suggested that it is necessary to expand the list of alternative sanctions in order to individualize environmental and legal responsibility, it is inadmissible to exceed the upper limit of administrative fine above the lower limit of fine provided for by criminal legislation. Attention is paid to positive environmental and legal responsibility, measures of which are incentives enshrined in incentive sanctions. The author proves the need to consolidate in environmental legislation not only benefits, but incentives for socially active lawful activities in the field of environmental protection. The article contains recommendations aimed at improving the current legislation in the field of environmental protection.
Legal responsibility, incentive sanctions, alternative sanctions, legal policy, individualization, differentiation
Короткий адрес: https://sciup.org/142232787
IDR: 142232787