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§1. Concept and system of structures of ecological crimes on UK the Russian Federation

In operating UK the Russian Federation in compliance with exclusive social value of an environment surrounding, first of all, as necessary condition of ability to live not only separate individual or society as a whole, but also all mankind is fixed thought over enough and comprehensible system of ekologo-rules of law.

The basis they as marks M.I.Vasileva, have a constitutional law on the favorable environment, a legal status of the person constituting the important part and the central link of its ekologo-legal status as systems legislatively acquired rights, interests and duties of citizens in environment sphere. [4]

VUK the Russian Federation for the first time in history the criminal legislation environment is designated as one of the basic objects criminally-right protection (ch. 1 items 2). And it is not casual, as as it was marked in the literature, ecological crimes encroach on the ecological law and order, ecological safety, rational use of components of environment, worsen natural bases of a life and activity of people, belittle ecological interests of a society. [5]

In the literature it is considered to be, that the most important advantage in this respect UK the Russian Federation is fastening in it of the separate chapter (26) devoted to a regulation of structures of ecological crimes. It, in essence, revolutionary achievement has been appreciably predetermined in works of the Soviet authors on ekologo-legal and criminally-legal problems. [6] Russian Federations resulted in chapter 26 UK structures of crimes reflect the prirodno-resource, prirodno-guarding and is social-ecological beginnings in sphere of the ecological law and order and ecological safety. To crimes against an environment as underlines I.V. Priests, those acts at which public relations on environment preservation are the basic direct object concern only. Therefore by crimes against the nature acts which simultaneously answer two conditions can be recognised only: 1) the Russian Federations are included in chapter 26 UK; 2) which direct object javljajutsjaobshchestvennye the relations directed on protection of an environment and, hence, which purpose of introduction consists in environment protection. [7]

Not less important and that the ecological orientation has been given many norms located in other heads UK the Russian Federation. Though they first of all are aimed at protection of other public relations – the economic activities which are not contradicting the law, the public safety, public morality, health of the population, etc. Some authors name such structures of crimes adjacent. In chapter 19 UK the Russian Federation one such structure – refusal in granting to the citizen of the information (item 140), in the head 22также one structure – registration of illegal transactions with the earth (item 170) is designated. The basic file of these crimes is located in section IX both chapters 24 and 25. In item 205 responsibility for terrorism is provided; item 216 – for infringement of safety rules at conducting mountain, building or other works; item 217 – for infringement of safety rules on explosive objects; the item 218 – for infringement of rules of the account, storage, transportation and use of explosive, easily flammable substances and pyrotechnic products; item 220 – for the illegal reference with radioactive materials; item 221 – for plunder or extortion of radioactive materials; item 234 – for illegal circulation of strong or poisonous substances with a view of sale; item 236 – for infringement of sanitary-and-epidemiologic rules; item 245 – for cruel treatment with animals; item 269 – for infringement of safety rules at building, operation or repair of the main pipelines; item 358 – for ekotsid.

The specified acts get ecological implied sense only when they actually break the ecological law and order and ecological safety. Certainly, these acts though harm environment, should be qualified according to specific and direct objects of crimes.

Besides the specified structures, in the literature their number joins some structures of crimes against the government, items 285-286 provided, in particular, and 292-293 UK according to which the officials recognised guilty of injury to environment can be made accountable. [8]

In N.L.Romanov's too time the understanding critically concerns offers on reference to ecological structures, first, the act provided by item 245 UK the Russian Federation as causing of sufferings by an animal encroaches first of all on public relations in morals sphere, and secondly, the act described in item 237 UK the Russian Federation on the ground that it has wider maintenance, than in sense of ecologically significant information as in a disposition of this norm the life and health of people »or« for environment »are named alternatively«. [9] In turn, the author considers, that ekotsid is an ecological crime. Thus it, according to N.L. Romanovoj, the Russian Federation «Ecological crimes» scale of the harm caused to the nature, and compulsion of its pernicious consequences for mankind, and destruction of a surrounding environment or fulfilment of other actions, capable to cause ecological accident differs from structures of chapter 26 UK, is, according to N.L.Romanovoj, way of an encroachment on public relations concerning safety of mankind. [10] meanwhile, the specified author suggests to arrange structure ekotsida in chapter 26 UK the Russian Federation «Ecological crimes» in a new wording on the ground that item 358 arrangement in the head «Crimes against peace and safety of mankind» does it not by the worker. [11]

Hardly it is possible to agree with such opinion. Ekotsid it is included in section XII and, accordingly, in chapter 34 UK the Russian Federation only because it is considered as mass destruction vegetative or fauna, a poisoning of atmosphere or water resources, and riot of other actions, capable to cause ecological accident is equal. It is a question not of local, especially partial destruction vegetative either fauna or pollution of atmosphere or water resources, and about utter annihilation of an inhabitancy for set of people. Ekotsid is tjagchajshee a crime against humanity. Its structure with good reason, in our opinion, is included by the legislator in the head «Crimes against peace and safety of mankind». Such approach is peculiar also to the criminal legislation of many states.

In the literature objections concerning reference of infringement of safety rules on objects of the atomic engineering, provided ch express. 2 items 215 UK the Russian Federation, to structures of ecological crimes. In particular, such position is occupied with N.L.Romanov who reproaches M.M.Brinchuka considering act specified above by an ecological crime, that last does not result due arguments in favour of such conclusion. [12] basically, in the same measure it is possible to deny ecological implied sense and concerning other structures of infringements of special safety rules (item 216-217 UK the Russian Federation). In general, it also does N.L.Romanov.

At the question decision, what acts should be carried to ecological crimes (besides the crimes provided in chapter 26 UK the Russian Federation), in our opinion, it is necessary to start with, whether attracts their fulfilment injury to public relations in sphere of preservation of the environment. Therefore if act harms this object criminally-right protection, it should admit prestupleniemekologicheskogo character.

Injury to environment in considered structures of crimes, as a rule, is reflected in qualifying signs directly by instructions, naprimerna «a radioactive environment pollution» ch. 2 items 215 UK the Russian Federation, and more often through a regulation of approach of heavy consequences or detrimenting (ch. 2 items 216 UK the Russian Federation). In many structures of these crimes injury to environment is provided in qualifying signs alternatively, for example, in ch. 2 items 215 UK the Russian Federation are underlined causing on imprudence of heavy harm to health or death of the person or a radioactive environment pollution. Therefore to a crime of ecological character follows, naturally to carry only the act which has entailed an environment pollution.

Other subsystem, we name its basic, constitute ecological crimes, responsibility for which is provided in chapter 26 UK the Russian Federation. The given chapter is included by the legislator in section IX «Crimes against the public safety and a public order», that causes some questions. As is known, in ch. 1 item 2 UK the Russian Federation at a regulation of its problems environment as object is criminally-right protection specified along with a public order and the public safety. And in Special part UK the Russian Federation the legislator actually considers environment as a public order and public safety component. If to compare the maintenance ch. 1 items 2 and the name of sections of Special part UK the Russian Federation it is necessary to notice, that all named objects criminally-right protection, as a rule, korrespondirujut with patrimonial objects of the crimes regulated in corresponding sections of Special part UK the Russian Federation (for example, crimes against person, crimes against the public safety and a public order, crimes against the government (actually against the constitutional system of the Russian Federation)). In our opinion, hardly was correct to consolidate protection of two independent patrimonial objects of crimes in one section UK. Would be logical to provide structures of ecological crimes in independent section with the name of the corresponding chapter with the same name after section «Crimes in economy sphere». [13]

Raises the doubts also the name of chapter 26 UK the Russian Federation which does not correlate with the name of section IX and corresponding heads (for example, «the Crime against the public safety», «the Crime against traffic safety and transport operation», etc.) the Name of chapter 26 UK the Russian Federation as «Crimes against environment» completely there would correspond to positions of the Federal act from January, 10th, 2002 № 7-FZ «About preservation of the environment» [14] and, the most important thing, to the Constitution of the Russian Federation which proclaims preservation of the environment as the major problem of citizens, societies and the states. As to concept of ecological crimes though it is standard, however it not completely reflects their is social-legal essence. The term "ecological" as it is marked in the literature, is represented too wide, dim legal concept, therefore and not comprehensible to criminal law. [15]

The Russian Federation chapter 16 «Ecological crimes» contained 17 structures of crimes in initial edition UK. Subsequently according to the Federal act from July, 2nd, 2013 № 150-FZ it has been added by article 2581 «Illegal extraction and a turn of especially valuable wild animal and water biological resources belonging to kinds, brought in the Red book of the Russian Federation and (or) protected by international treaties of the Russian Federation».

In operating UK the Russian Federation is provided for the first time a liability of infringement of rules of preservation of the environment by manufacture of works (item 246), for infringement of rules of the reference with ecologically dangerous substances and a waste (item 247), for infringement of safety rules at the reference with microbiological either other biological agents or toxins (item 248), for infringement of veterinary rules and the rules established for struggle against illnesses and wreckers of plants (item 249), for pollution of waters (item 250), for atmosphere pollution (item 251), for pollution of the sea environment (item 252), for earth damage (item 254), for infringement of rules of protection and use of bowels (item 255), for infringement of extraction and a turn of especially valuable wild animal and water biological resources belonging to kinds, brought in the Red book of the Russian Federation and (or) protected by international treaties of the Russian Federation (the item 258), for destruction critical mestobitany for the organisms brought in the Red book of the Russian Federation (item 259) and for infringement of a mode of especially protected natural territories and natural objects (item 262). All other structures of ecological crimes are given in new, in comparison with UK RSFSR 1960, editions – illegal extraction (vylov) water biological resources (item 256), infringement of the legislation of the Russian Federation about a continental shelf and about the exclusive economic area of the Russian Federation (item 253), illegal hunting (item 258), illegal cabin of wood plantings (item 260) and destruction or damage of wood plantings (item 261). The Update of item 256 UK the Russian Federation is given by the Federal act from July, 3rd, 2016 № 330-FZ «About modification of article 256 of the Criminal code of the Russian Federation». [16]

It is necessary to notice also, that dispositions of variety from specified articles were modified already after introduction in action UK the Russian Federation. Changes, in particular, were brought in ч.1 and 2 items 249, ch. 2 items 251, ch. 1 and 2 items 252, ч.1 and 2 items 253, ch. 1 items 256, ch. 1 items 257, ч.1 and 2 items 258, ч.1 and 2 items 260 and ch. 1 items 261 UK the Russian Federation. In all considered norms (except for item 2581) sanctions have been altered. The logic of changes and additions of sanctions of given norms UK has been caused by refusal of the legislator of instructions in its many articles about the minimum limit of punishments – first of all, imprisonments, introduction in the list of kinds of punishments (item 44) and, accordingly, in the sanction of many norms UK the Russian Federation, including chapters 26, a new kind of punishment – forced hard labour and, besides, increase of the sizes of punishment in the form of the penalty.

The majority of structures of the crimes included in chapter 16 UK the Russian Federation, are formulated as material, their obligatory sign is approach of corresponding socially dangerous consequences. At the same time in ch. 1 items 247, ch. 1 items 252, ch. 1 and 2 items 253, ch. 2 items 256, ch. 2 items 258, ч.1, 2 and 3 items 2581 UK the Russian Federation are fixed formal structures of ecological crimes. As fairly marks I.V. The priests, some structures remind themselves formal (ch. 1 items 251, ch. 1 items 252, ch. 1 and 2 items 254 UK the Russian Federation) as responsibility comes for the fact of environmental contamination, irrespective of weight of the come consequences. Them he names "kvaziformalnymi" as they actually are not formal in the standard understanding as pollution objectively assumes presence of this or that kind. [17]

Before to consider structure of chapter 26 UK the Russian Federation, it is necessary, in our opinion, to understand concept of ecological crimes. As is known, in UK the Russian Federation their definitions are not present, that some authors admits its lack. To [18] us it is thought what to provide in UK the Russian Federation concept definition «ecological crimes» from the point of view of requirements to the legislative technics does not follow. Otherwise it is necessary to give also definition and other kinds of crimes, for example crimes in sphere of the computer information (chapter 28) or, let us assume, crimes against a management order. It is known, that the definition of these kinds of crimes causes complexities and raznorechija. If to traverse, in UK the Russian Federation ecological crimes a little that will give definition pravoprimenitelju as it is guided at qualification sodejannogo by signs of concrete structures of crimes, instead of definitions. Such definition, most likely, would have the addressee of the legislator. And if to address to specific proposals of some authors by legal definition of ecological crimes our scepticism becomes stronger even more. We will result the definition offered by I.V.Lavyginoj which suggests to fix in item 246 UK the Russian Federation following concept of ecological crimes. Ecological crimes, she marks, the crimes provided by the present head breaking rules of wildlife management by negative influence on an environment if these acts have done essential harm to protected relations admit. [19] the given position, from our point of view, does not bear semantic loading and is deprived functional mission. From it we see, that ecological crimes are provided by "the present chapter», that they «break rules of wildlife management by negative influence on an environment» and that they «do essential harm to protected relations».s It is asked, how the made definition can help judiciary practice or the legislator.

Here the legislative technics used at a formulation of edition of offered norm suffers also, in it repetitions ("wildlife management" are admitted and «influence on an environment»), words uncertain and unacceptable for the law or a word-combination («by negative influence», to "protected relations») are used.

Besides, the author suggests to fix this definition in item 246, and structure of infringement of rules of preservation of the environment by manufacture of works to "shift" with defined in initial edition UK the Russian Federation places and to provide it already in item 2461. The legislator so usually does not arrive: if any new article it is numbered after previous article with the corresponding note is entered in UK the Russian Federation.

It is necessary to notice, that in the dissertation the specified author the separate paragraph considers problems of legal technics of a statement of norms about responsibility for ecological crimes. It is quite admissible and even working out doktrinalnogo concept definitions «ecological crimes» is necessary. Its scientifically verified definition can promote methodology of search and revealing of blanks, lacks of legislative regulation of public relations of sphere of preservation of the environment.

In concept definitions «ecological crimes» are, as they say, rational grains, and also positions with which not all scientists can agree. For example, E.N.Zhevlakov has offered in due time some author's definitions. In 1980 years he considered ecological crimes as socially dangerous acts provided by the criminal law which encroach on public relations on protection of a qualitative favorable environment, to rational use of its resources and maintenance of ecological safety of the population. [20] further it has specified at definition of an ecological offence in it zapreshchennost «ecological, labour, civil, administrative, criminal and other» the right. Here the attention is not focused on «the qualitative favorable environment», and simply it is underlined on «public relations on environment protection», and the attention that the offence breaks ecological safety of the state and members of a society is directed. [21] why not to tell about safety of people and a society as a whole? Not absolutely clearly, as it is possible to provide ecological safety of the state, instead of societies as a whole. Moreover, use in doktrinalnyh definitions of considered crimes of the general signs of a crime is represented superfluous. In E.N.Zhevlakov's thesis for a doctor's degree in definition of ecological crimes has specified not only in the social danger and illegality of corresponding acts, but also on their guilt. [22] ecological prestuplenieme.v. Vinogradova recognises socially dangerous act punishable under the criminal law which encroaching on ecological safety both the ecological law and order and done essential harm to an environment or have created threat of its approach. [23] as a whole we will note, its laconicism but if and to result in a definition the general signs of a crime followed byukazat and on guilt.

More comprehensible the definition of an ecological crime offered by A.I.Chuchaevym, in our opinion, is represented. He understands socially dangerous guilty act provided by the criminal law encroaching on public relations as it, providing preservation for normal ability to live of the person of a favorable environment, rational use of its resources and ecological safety of the population. [24] in the given definition the general signs of a crime, object of ecological crimes and a target orientation of norms of chapter 26 UK the Russian Federation are reflected.

A.I.Chuchaev obosnovanno subjects to criticism O.V.Dmitriev's [25] position, V.B.Stoljarova [26], etc. which or ignore that ecological crimes break independent group of public relations, or carry to their number all acts which render though any negative influence on environment. [27]

Developed enough definition of ecological crimes in 1990th years, was given by O.L.Dubovik. An ecological crime she recognises: 1) provided in UK the Russian Federation; 2) forbidden by the criminal law under the threat of punishment; 3) guilty socially dangerous act; 4) encroaching on: environment; its components, which protection it is directed on maintenance of optimum ability to live of the person; on ecological safety of the population and the territories, consisting in direct illegal use of natural objects or illegal influence on them as the social value, leading to negative changes of a condition and quality of environment. [28]

From our point of view, the made definition of an ecological crime the most exhaustive. In it obosnovanno it is specified not only in illegality, guilt and the act social danger, but also on it zapreshchennost under the threat of punishment. Object of such encroachments the author recognises environment. It is thought, the instructions on its components are superfluous. On illegal use of objects of the nature or illegal influence the orientation of this act is reflected in them also. Despite it, causes objection use at definition of the legal phenomenon of not settled and uncertain estimated signs («optimum ability to live», «quality of environment»). That O.L.Dubovik co-ordinates understanding of an ecological crime not to the nature is characteristic, and with environment.

Less successful, in our opinion, is the definition of an ecological crime given by V.V. Sverchkovym with reference to ekotsidu. This illegal act which threatens ecological well-being «all our country and, certainly, its inhabitants». [29] Hardly it is possible to establish scientific validity of the given definition.

Short enough definition of considered crimes was offered by V.B.Volkov. It is socially dangerous acts encroaching on an ecological order established in the Russian Federation, ecological safety of a society and harming environment and health of the person. [30] apparently, in a definition are not reflected guilt, zapreshchennost acts by the criminal law. At the same time it is necessary to note as advantage of definition of the named author a target orientation of these crimes-injury not only to environment, but also health of the person.

Ecological crimes as approves V.D.Kurchenko, this guilty socially dangerous act which does essential harm to "complex public relations», the protected criminal law, on maintenance of ecological safety of the population, rational use of natural resources and protection of especially protected natural territories and other especially important natural objects. [31] It is asked, why the purpose only to protection of "especially protected natural territories» and others «especially important natural objects» is reduced? The Criminal law urged to provide protection of an environment surrounding, first of all, in whole and its constituting territories, and especially important natural objects. Besides, it is not absolutely clear what to understand as complex public relations. The given instructions are represented superfluous as any group of the public relations protected by the criminal law, always appears in the form of certain system-structural formation. And, at last, V.D.Kurchenko in the definition does not underline, that some ecological crimes can create threat of causing of corresponding harm. As advantage of considered definition we will underline prioritetnost maintenance of ecological safety. Chapter 26 UK the Russian Federation, as is known, is located in section IX «Crimes against the public safety and a public order», therefore and norms of this chapter first of all should provide ecological safety.

As a whole comprehensible, in our opinion, definition of ecological crimes was formulated by V.A.Yakushin. He understands as them is guilty the perfect socially dangerous and criminally-illegal acts harming a complex of public relations on maintenance of ecological safety of the population, to protection and rational use of natural resources and territories. [32] though and concerning the given definition it would be possible to make earlier resulted observations.

At definition of concept and essence of ecological crimes one authors recognise as their object an environment and its components [33], others – environment [34]. Some authors, for example M.M.Brinchuk [35], A.M.Pleshakov [36], recognise them as synonyms. E.N.Zhevlakov the basic direct object recognises concrete public relations on protection, rational use of separate kinds of natural riches and maintenance of ecological safety of the population. [37]

In the Federal act from January, 10th, 2002 № 7-FZ environment definition is made. In it it represents set of components of an environment, natural, prirodno-anthropogenous, and also actually anthropogenous objects. [38] the natural environment (nature) is understood as set of components of an environment, natural and prirodno-anthropogenous objects. Thereby the environment differs from environment the following: it does not cover the anthropogenous objects which are created by the person for maintenance of its social requirements and not possessing properties of natural objects. [39] so, except anthropogenous objects, the environment and environment maintenance coincides, last constitutes the basic maintenance of the first. Not casually thereupon some authors consider as more expedient the name of chapter 26 UK the Russian Federation as crimes against an environment. It will allow, according to I.V. popova to allocate a subject criminally-legal protection – an environment, will underline the purpose criminally-right protection – protection of an environment against criminal influence, will fix position about a wildlife management priority – a place of dwelling of the person as biological kind. [40] and in general he recognises the use of concept "environment" incorrect, as an environment – a synonym of environment. [41]

The legislator has grouped structures of ecological crimes taking into account encroachments on an environment and its corresponding objects. And at such treatment object of these encroachments the public relations, called to provide protection of an environment, its objects and finally ecological safety of the population should admit, first of all. From this position of the legislator follows, in our opinion, to proceed at concept definition «ecological crimes».

Before to offer the author's definition of the given concept, we consider necessary to make some specifications.

First, if in definition to specify on predusmotrennost or zapreshchennost ecological crimes in the criminal law, that, possibly, there is no necessity to mention other general signs of a crime, as guilt, the social danger and punishability, as etoprezjumiruet the specified signs.

Secondly, in definition it is necessary to underline not zapreshchennost acts by the criminal law in general, and to specify in them zapreshchennost or predusmotrennost in norms of chapter 26 UK the Russian Federation.

Thirdly, at definition of ecological crimes it is necessary to specify in communication of specific object of these crimes with patrimonial object of the criminal trespasses provided in section IX UK the Russian Federation, that is with the public safety and a public order.

Fourthly, for bolshej informativnosti it is represented expedient to concretise some signs of a crime, for example to specify, that they can be made by act or omission, is deliberate or on imprudence.

Fifthly, at definition of ecological crimes, as well as any legal phenomenon, it is desirable to avoid use of not settled and uncertain estimated signs («a qualitative environment», «the important natural objects», «ecological well-being of all planet», etc.)

Taking into account stated it is possible to make following definition of an ecological crime. These are chapters 26 UK provided in norms the Russian Federation the punishable acts made by act or omission, it is deliberate or on the imprudence, doing essential harm to public relations in sphere of preservation of the environment, rational and bezushcherbnogo uses of natural resources and ecological safety as a whole.

Exhaustive explanation of concept and essence of ecological crimes assumes also the all-round analysis of their system, disclosing of internal communications between them.

There are authors who consider system of ecological crimes in wider plan. So, O.L.Dubovik, proceeding from object criminally-legal protection and, accordingly, places of occupied groups of these crimes, subdivides them on: 1) the crimes regulated in chapter 26 UK the Russian Federation, and 2) the criminal actions provided in other sections and heads UK. It also on the basis of their subject expressiveness designates three groups of ecological crimes:

1) the acts consisting in infringement of rules, dezorganizujushchih an order of ecologically significant activity;

2) the acts negatively influencing separate objects of the nature or an environment (atmosphere, soil, the waters, especially protected natural objects and territories, etc.);

3) the acts connected with an encroachment on flora and fauna, as a condition of a biological variety and preservation of biosphere of the Earth. [42]

Apparently, O.L.Dubovik proves multilevel classification of ecological crimes that allows to reveal, deepen knowledge of specificity of corresponding groups of crimes.

In the literature classification of ecological crimes is mainly carried out on the basis of object of the criminal trespass. And on the basis of the given criterion various variants of this classification are offered. So, A.I.Chuchaev on a basis integrativnogo a sign, that is degree of definiteness of a disposition criminally-rule of law, differentiates the ecological crimes provided by chapter 26 UK the Russian Federation, on two groups: 1) ecological crimes of the general character which encroach on surrounding (natural) environment in whole (item 246-249 UK the Russian Federation), and 2) the criminal actions harming separate components or components of an environment (item 250-256 UK the Russian Federation). [43] Such classification promotes profound explanation of object of an encroachment, otgranicheniju ecological crimes of the general character from the acts which object are separate objects of an environment.

N.L.Romanov recognises as a whole as justified an arrangement of structures of ecological crimes in chapter 26 UK the Russian Federation. At first acts which encroach on quality of an environment are provided and admit the legislator more dangerous. Then in this chapter structures of the crimes which direct object are public relations concerning protection of separate components of an environment (item 249-252, 254-256, 258, 260-261 UK the Russian Federation) are regulated. Not on the place, in its opinion, there was item 249 UK the Russian Federation «Infringement of safety rules at the reference with microbiological either other biological agents or toxins». [44] However, from our point of view, the place of the given structure does not break logic of construction of system of structures of ecological crimes. In given article the ecological crime of the general character also is provided, it recognises, as is noted above, for example, A.I.Chuchaev.

S.T.Fatkulin from all ecological crimes allocates the crimes connected with a direct encroachment on objects of the lifeless nature. [45]

Other variants of classification of ecological crimes are offered also. For example, they are differentiated on:

1) acts of the general character (item 246-248, 253, 262 UK the Russian Federation);

2) the acts negatively influencing preservation and rational using by the earth and its bowels (item 254-255 UK the Russian Federation);

3) acts which encroach on preservation and rational use of an animal and flora (item 249, 256-257, 261 UK the Russian Federation);

4) acts which encroach on preservation of atmospheric air and waters (item 250-252 UK the Russian Federation). [46]

According to V.A.Yakushin, ecological crimes are subdivided on two groups. The first the acts encroaching on the rights, providing ecological safety of each person (constitute item 246-248 UK the Russian Federation), and the second – the acts encroaching on ecological safety of environment and its prirodno-resource potential (item 249-262 UK the Russian Federation).

In one of textbooks on the Russian criminal law ecological crimes are subdivided into three groups: 1) the crimes connected with infringement of rules of ecologically significant activity (item 246-249 UK the Russian Federation); 2) crimes which encroach on separate components or environment elements (item 250-255, 261-262 UK the Russian Federation); 3) crimes which encroach on objects of flora and fauna (item 256-260 UK the Russian Federation). [47]

In turn I.V.Lavygina differentiates ecological crimes on acts with not concretised subject of a crime – ekotsid (under condition of an arrangement of this norm in 26 head UK the Russian Federation), and also the crimes provided in item 246-248 UK the Russian Federation, and ecological crimes with the concretised subject of an encroachment. Here it allocates five subgroups of the ecological crimes connected with an encroachment on: 1) protection of waters (item 250, 252 UK the Russian Federation); 2) atmosphere protection (item 251 UK the Russian Federation); 3) protection of the earth and bowels (item 255-256 UK the Russian Federation); 4) flora and fauna protection (item 249, 256-261 UK the Russian Federation) and 5) protection of especially protected natural territories and natural objects (item 262 UK the Russian Federation). [48]

Classification of ecological crimes depending on concreteness and features of a subject of an encroachment represents scientific and practical interest. It would be desirable to notice simultaneously, that infringement of veterinary rules and the rules established for struggle against illnesses and wreckers of plants, it is necessary to carry to ecological crimes with not concretised subject of an encroachment.

To ecological crimes of the general character of E.N.Zhevlakov carries the acts provided not only item 246-247, but also item 250 «Pollution of waters» and item 251 «atmosphere Pollution». [49] If to agree with the specified author, with the same success it is possible to carry to this category of crimes and pollution of the sea environment (item 252 UK the Russian Federation) and earth damage (item 254 UK the Russian Federation). It is represented to us, that the specified crimes should be carried to ecological crimes not the general, and special character, that is encroaching on separate components of an environment.

N.L.Romanov on the basis of character of ecological crimes differentiates them on: 1) the acts connected with illegal occupancy by natural resources (item 253, 256, 258 and 260 UK the Russian Federation) and 2) the acts connected with negative influence on an environment, deterioration of its quality (item 246-252, 254-255, 257, 259-261 UK the Russian Federation).dannaja classification is not deprived sense, it has not only criminally-legal, but also kriminologicheskoe value.

The developed classification of ecological crimes was carried out by N.A.Lopashenko. Taking into account their object it has subdivided these criminal actions on two groups. In first group N.A. Lopashenko has included the acts provided by item 246-248 UK the Russian Federation, as encroachments on public relations on realisation and protection of common rights on favorable environment, and in the second – encroachments on public relations on protection of stability of environment and its prirodno-resource potential (item 249-262 UK the Russian Federation).

Taking into account features of prirodno-security potential the crimes carried to the second group, N.A.Lopashenko has divided encroachments on:

1) fauna (ch. 1 items 249, 256-258 UK the Russian Federation);

2) flora (ch. 2 items 249, 260-261 UK the Russian Federation);

3) waters (the item of item 250-252 UK the Russian Federation);

4) atmosphere (item 251 UK the Russian Federation);

5) especially protected territories and water areas, natural objects (item 253 item, 259, 262 UK the Russian Federation);

6) the earth (item 254 UK the Russian Federation);

7) bowels (item 255 UK the Russian Federation). [50]

It is thought, the given classification is not deprived sense and it is represented to the most exhaustive. It would be desirable to notice only, that the name of the first group is conditional enough as realisation and protection of common rights on favorable environment are provided with the norms provided both in item 246-248 UK the Russian Federation, and in other articles of chapter 26 UK the Russian Federation. Would be more correct than them to call as the crimes encroaching on ecological safety of the population.

In chapter 26 UK Russian Federation I.V. Priests allocates three mainframes: 1) criminal pollution of an environment; 2) criminal withdrawal of flora and fauna from a dwelling habitat; 3) protection of territories with the special ecological status. [51]

Classifications of ecological crimes on the basis of separate signs of their structures, for example, on character of act are possible and expedient: connected with illegal occupancy (item 253, 256, 258, 260 UK the Russian Federation) and connected with negative influence (item 246-252, 254-255, 257, 259, 261-262 UK the Russian Federation); on a way of committing a crime: pollution, destruction, damage, illegal use, etc. [52]; on the subject: the general, special perpetrator; on criminal consequences: their approaches creating only threat and doing real harm to object of an encroachment.

On the basis of features of a design of structures ecological crimes can be subdivided into crimes with material structure and crimes with formal structure.

Depending on fault forms it is possible to allocate deliberate crimes and the crimes made on imprudence.

On the basis of features of dispositions of norms – ecological crimes with infringement of special rules (item 246-249, 255, 257, 259, 262 UK the Russian Federation) and crimes with infringement of general rules.

The most universal and comprehensible classification of ecological crimes their differentiation on 1) acts of the general character, that is the population encroaching on ecological safety (item 246-249 UK the Russian Federation), and 2) the acts harming separate objects or components of an environment (item 250-262 UK the Russian Federation) is represented. The last should be subdivided on: 1) the acts encroaching on separate components or objects of the lifeless nature, and 2) the acts encroaching on flora and fauna. The given classification allows to open social essence of these crimes.

Thus, the carried out analysis allows to draw a conclusion that in UK the Russian Federations as a whole are correctly structured norms about responsibility for ecological crimes. Those the legislator recognises those from them which are provided in chapter 26 UK the Russian Federation. As to the norms located in other heads which infringement also attracts injury to environment or its separate components they can admit crimes of ecological character, instead of with actually ecological crimes. If these criminal actions, for example population crimes against health, harm environment, they do not become ecological crimes in interpretation of the legislator, and remain population crimes against health.

It is necessary to understand chapters 26 UK forbidden in norms as ecological crimes the Russian Federation act doing essential harm to public relations in sphere of preservation of the environment, rational bezushcherbnogo uses of natural resources and ecological safety as a whole.

Quite comprehensible the structure of chapter 26 UK the Russian Federation is represented: at first in it ecological crimes of the general character (item 246-249), and then criminal actions of special character (item 250-269) are provided. Thereupon there are no bases to translate structure ekotsida in the given chapter as it as mass destruction vegetative or fauna, the poisoning of atmosphere or other resources, other actions, capable to cause ecological accident, is a crime of a special sort as undermines a habitat of ability to live and preservation of mankind or the population of separate settlement, a city or region.

In the Criminal code of the Russian Federation basically the circle of ecological crimes is optimum defined, however in the conditions of the changing social and economic and political conditions, developing processes of globalisation and technical progress it cannot be invariable. In particular, increase of availability of the sea environment causes necessity of criminalisation of actions on illegal penetration, capture or infringement of service regulations of chisel, oil and gas extracting or other constructions on a continental shelf and (or) in the exclusive economic area of the Russian Federation.

Besides, attracts attention discrepancy of the name of chapter 26 UK the Russian Federation of item 36, 42, 58, 72 Constitutions of the Russian Federation, to positions of the Federal act from January, 10th, 2002 № 7-FZ «About preservation of the environment», therefore it should be brought into accord with these basic acts.


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A source: Bokovnja Alexander Jurevna. RESPONSIBILITY FOR POLLUTION of OBJECTS of ENVIRONMENT In CRIMINAL LAW of Russia. The dissertation on competition of a scientific degree of the master of laws. Kazan. 2016

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