In view of the foregoing, an environmental offense can be defined as an unlawful, as a rule, guilty act (action or inaction) committed by a legally capable subject that causes or carries a real threat of causing environmental harm or violates the rights and legitimate interests of subjects of environmental law.

Taking into account the degree of public danger, environmental offenses are divided into misdemeanors and crimes. The former are less socially dangerous acts compared to the latter and are disciplinary, material, administrative and civil offenses. In accordance with the types of environmental offenses, disciplinary, material, administrative, criminal and civil liability arises.

In accordance with the general theory of law, an environmental offense in its structure consists of an object, a subject, an objective and a subjective side.

The object of an environmental offense are public relations about the environment as a whole and its individual components, regulated and protected by the rule of law. These relations in their content relate to the ownership of natural resources, nature management, environmental protection from harmful effects, protection of environmental rights and legitimate interests of man and citizen.

The commentary to the Law of the RSFSR "On the Protection of the Environment" refers to the environment as the object of an environmental offense 1 . Such an argument seems unconvincing. In the absence of requirements in environmental legislation regarding the regulation of certain social relations regarding a particular natural object, legal liability cannot be applied for their violation. Nature, or the environment, acts as the subject of an environmental offense.

Subjects of environmental offense there may be legal entities, officials and individuals, including foreign legal entities and citizens who have committed offenses related to the use of natural resources or environmental protection in the territory of Russia or a territory under its jurisdiction.

The composition of subjects varies depending on the type of environmental offense. So, the subjects of disciplinary liability are officials and employees of enterprises, criminal - officials and citizens, administrative - legal entities, officials and citizens.

In accordance with the current legislation, administrative and criminal liability of individuals for environmental offenses begins at the age of 16. In civil proceedings, citizens bear limited liability from the age of 14 to 18, full liability from the age of 18. From this age, the person becomes fully capable. Labor legislation does not establish age limits regarding the application of disciplinary and financial liability of persons guilty of environmental offenses in the labor sphere.

For the objective side of an environmental offense characterized by the presence of three elements:

a) unlawful behavior;

b) causing or real threat of causing environmental harm, or violation of other legal rights and interests of subjects of environmental law;

c) a causal relationship between unlawful behavior and environmental damage or a real threat of causing such damage, or violation of other legal rights and interests of subjects of environmental law.

The subjective side of the environmental offense characterized by the guilt of the offender (with the exception of cases of responsibility of the owner of the source of increased danger). Guilt is understood as the mental attitude of the offender to his unlawful behavior, which can manifest itself in action or inaction. The law provides for two forms of guilt: intent (direct or indirect) and negligence. An environmental offense is intentional, in which the offender foresees the onset of socially harmful consequences of his behavior and wishes or deliberately allows them (for example, an entrepreneur dumps toxic waste from his production at the edge of a forest, that is, not in a place established for this). There are two types of negligence: arrogance and negligence. Arrogance occurs when a person violating an environmental requirement foresees the socially harmful consequences of his activities, but frivolously counts on the possibility of avoiding them. Negligence is manifested in the fact that a person does not foresee the onset of harmful consequences, although he should have and could have foreseen them. The Civil Code of the Russian Federation introduces the concept of gross negligence. True, we are talking about the gross negligence of the victim himself, which contributed to the occurrence or increase of harm, which is taken into account when determining the amount of compensation for harm by the offender (Article 1083).

At the same time, in environmental practice, as already noted, there may be innocent (absolute) liability - for harm caused by a source of increased danger. Compensation for such damage is regulated by Art. 1079 of the Civil Code of the Russian Federation.

Some environmental offenses can be committed with any form of guilt (for example, offenses that result in air or water pollution), others - only with a deliberate form of guilt (illegal hunting or fishing), and others - through negligence (for example, careless handling of fire in the forest and violation of fire safety rules in the forests).

Administrative liability for environmental offenses

This is the type of legal responsibility that most often takes place in the field of nature management and environmental protection. Administrative responsibility is expressed in the application by the competent authority of the state of administrative penalties for committing an environmental offense. Regulated by the Code of Administrative Offenses of the RSFSR and environmental legislation. So, in Art. 84 of the Law of the RSFSR "On the Protection of the Environment" not only formulates the composition of administrative offenses, but also determines the subjects of administrative responsibility, as well as the amount of administrative fines that can be imposed on offenders.

The issue of the concentration of legal regulation of administrative responsibility in the Code of Administrative Offenses of the RSFSR is discussed, as is done with respect to criminal liability in the Criminal Code. However, in relation to administrative responsibility, the existing practice seems to be preferable for a number of reasons. The first is related to the presence of significant gaps in environmental legislation. So far, many environmental requirements, both material and procedural, have not been formalized in the form of legal ones. Their normative consolidation in the actively developing legislation will require constant amendments and additions to the Code of Administrative Offenses of the RSFSR. The use of such a code would be difficult. The second reason concerns the convenience for the subjects of environmental law, to whom laws in the field of nature management and environmental protection are addressed. From the text of one act, they can learn about the environmental requirements that must be observed, and about the administrative responsibility that they will bear in case of their violation. If a decision is made to regulate administrative responsibility exclusively by the Code of Administrative Offenses, then, taking into account the gaps in environmental legislation and the prospects for its development, the elements of administrative offenses should obviously be formulated in a more general form - for example, violation of the requirements of environmental expertise, violation of the requirements of environmental certification , violation of the rules for handling production and consumption waste, etc.

In accordance with the Law "On the Protection of the Environment", the subjects of administrative responsibility are not only officials and citizens, but also legal entities, which is an innovation of this Law. Administrative liability is applied only if the offender is at fault.

Article 24 of the Code of Administrative Offenses of the RSFSR establishes the following administrative penalties: warning; fine; paid seizure of an item that was an instrument of committing or a direct object of an administrative offense; confiscation of an object that was an instrument of committing or a direct object of an administrative offense; deprivation of a special right granted to this citizen, for example, the right to hunt; correctional labor, administrative arrest.

According to its objective features, an administrative offense is outwardly similar to a crime. Therefore, the Code of Administrative Offenses, as one of the preconditions for imposing administrative responsibility, provides for the absence of elements of a crime in the committed violation. The main features that make it possible to distinguish between an environmental crime and an administrative offense are, as a rule, given in the Criminal Code of the Russian Federation. This is the repetition of an environmental offense, the presence of intent, etc.

The components of environmental offenses for which administrative liability may arise are defined in Art. 84 of the Law "On the Protection of the Environment", in Art. 125 ZK RSFSR, some other acts of legislation on the environment. In the Code of Administrative Offenses of the RSFSR, these types of offenses are contained in two chapters: administrative offenses infringing on socialist property (Chapter 6) and administrative offenses in the field of environmental protection, historical and cultural monuments (Chapter 7). In accordance with the Code, administrative responsibility is applied for:

• violation of the right of state ownership of subsoil (Article 46); on the waters (v. 47); to forests (Art. 48); on the animal world (Article 48 1);
• unauthorized mining of amber (Article 46 1);
• mismanagement of land (Article 50);
• damage to agricultural and other lands (art. 51);
• untimely return of temporarily occupied lands or failure to bring them into a condition suitable for their intended use (Article 52);
• unauthorized deviation from projects of on-farm land management (Article 53);
• destruction of landmarks (art. 54);
• violation of the requirements for the protection of subsoil and hydro-mineral resources (Article 55);
• violation of the rules and requirements for conducting work on the geological study of the subsoil (Article 56);
• illegal issuance of a license (permit), as well as an arbitrary change in the terms of an issued license (permit) to carry out activities on the continental shelf of the Russian Federation (Article 56 1);
• violation of existing standards (norms, rules) or license conditions governing permitted activities on the continental shelf of the Russian Federation (Article 56 2);
• violation of the rules for conducting resource or marine scientific research on the continental shelf of the Russian Federation (Article 56 3);
• violation of the rules for the protection of water resources (art. 57);
• violation of the rules for the disposal of waste and other materials on the continental shelf of the Russian Federation (Article 57 1);
• non-fulfillment of obligations to register operations with hazardous substances and mixtures in ship documents (Article 58);
• violation of water use rules (art. 59);
• damage to water facilities and devices, violation of the rules for their operation (Article 60);
• illegal use of lands of the state forest fund (art. 61);
• violation of the established procedure for the use of the logging fund, harvesting and removal of wood, harvesting resin (Article 62);
• illegal logging and damage to trees and shrubs, destruction and damage to forest plantations and young growth (Article 63);
• destruction or damage to undergrowth in forests (Article 64);
• implementation of forest use not in accordance with the goals or requirements provided for in the logging ticket (order) or forest ticket (Article 65);
• violation of the rules for the restoration and improvement of forests, the use of mature wood resources (Article 66);
• damage to hayfields and pastures on the lands of the state forest fund (Article 67);
• unauthorized haymaking and grazing of livestock, unauthorized collection of wild fruits, nuts, mushrooms, berries (Article 68);
• collection of wild-growing fruits, nuts and berries in violation of the established deadlines (Article 69);
• commissioning of production facilities without devices that prevent harmful effects on forests (Article 70);
• damage to the forest by sewage, chemicals, harmful emissions, waste and garbage (Article 71);
• clogging of forests with domestic waste and refuse (Article 72);
• destruction or damage to forest drainage ditches, drainage systems and roads on the lands of the state forest fund (Article 73);
• destruction of fauna useful for the forest (art. 75);
• violation of fire safety requirements in forests (art. 76);
• emission of pollutants into the atmosphere in excess of the standards or without permission and harmful physical impact on the atmospheric air (Article 77);
• commissioning of enterprises without compliance with the requirements for the protection of atmospheric air (Article 78);
• violation of the rules of operation, as well as non-use of equipment for cleaning emissions into the atmosphere (Article 79);
• release into operation of transport and other mobile vehicles with excess of standards for the content of pollutants in emissions (Article 80);
• operation of motor vehicles and other mobile vehicles in excess of the standards for the content of pollutants in emissions (Article 81);
• non-compliance with the requirements for the protection of atmospheric air during storage and incineration of industrial and domestic waste (Article 82);
• violation of the rules for transportation, storage and use of plant protection products and other preparations, which has caused or may cause air pollution (Article 83);
• non-compliance with the instructions of the bodies exercising control over the protection of atmospheric air (Article 84);
• violation of the rules for transportation, storage and use of plant protection products and other drugs that caused damage to the animal world (Article 84 1);
• violation of the rules for the protection of the habitat of animals, the rules for the creation of zoological collections and their trade, as well as unauthorized resettlement, acclimatization and crossing of animals (Article 84 2);
• violation of the procedure for the use of wildlife, as well as the illegal import of animals or plants recognized as detrimental to the conservation of animal species listed in the Red Book (Article 84 3);
• the destruction of rare and endangered animals or the commission of other actions that may lead to the death, reduction in the number or violation of the habitat of such animals (Article 84 4);
• non-compliance with the legal requirements of officials of the bodies for the protection of the continental shelf of the Russian Federation (Article 84 5);
• illegal transfer of mineral and living resources of the continental shelf of the Russian Federation (Art. 84-6);
• violation of the rules of hunting and fishing, as well as the rules for the implementation of other types of use of wildlife (Article 85);
• violation of whaling rules (art. 86).

The Code of Administrative Offenses of the RSFSR also defines the bodies and officials authorized to consider relevant cases (Chapter 15), and the jurisdiction of such cases (Chapter 16). Cases of environmental offenses are considered primarily by courts (judges), internal affairs bodies, state inspection bodies and other bodies (officials) authorized to do so by legislative acts of the Russian Federation.

So, according to Art. 202 of the Code of Administrative Offenses of the RSFSR, judges consider cases of environmental offenses under Art. 46 1 , 49, 49 1 , 56 1 -56 3 , 57 1 , 84 5 , 84 6 of the Code.

Bodies of state mining supervision in accordance with Art. 211 of the Code of Administrative Offenses of the RSFSR consider cases of administrative offenses under Art. 46, 55, 56 (for violations committed in the process of mining), Art. 56 2 .

Bodies and institutions exercising state sanitary supervision consider cases of administrative offenses under Art. 77-83 (violations of sanitary and hygienic rules and norms for the protection of atmospheric air) and art. 84 (failure to comply with the instructions of the bodies exercising state sanitary supervision).

The issues of jurisdiction of cases of environmental offenses are resolved in the Code of Administrative Offenses insufficiently consistently, without full consideration of the place of specially authorized bodies in the state management of nature management and environmental protection. So, the State Committee for Ecology of the Russian Federation, which is entrusted with the implementation of state environmental control, in accordance with Art. 219 2 of the Code is entitled to consider only cases of administrative offenses under Art. 56 1 , 56 2 , 57 1 and 84 5 , i.e. related to the protection of mineral and living resources of the continental shelf of the Russian Federation.

One of the most common measures of administrative responsibility for environmental offenses is a fine. The specific amount of the fine imposed depends not only on the nature and type of the offense committed, the degree of guilt of the offender and the harm caused, but is also determined by the powers granted to the relevant body imposing the fine.

The decision to impose a fine (as well as any other decision on an administrative penalty) can be appealed to a court or arbitration court.

The Law “On Environmental Protection” emphasizes that bringing to responsibility in the form of a fine, regardless of its amount, does not relieve the guilty person from the obligation to compensate for the harm caused. This is explained by the fact that the fine, although it is of a material nature, is a measure of punishment, and not compensation for harm; the amount of the fine does not go to the victim to compensate for the harm, but is directed in accordance with the Law to special accounts of off-budget environmental funds.

43. The Criminal Code of the Russian Federation explicitly states that its task, along with the protection of human and civil rights and freedoms, property and public order, is to protect the environment.

The state of human health largely depends on the purity of water, air, the quality of the food that he eats, and, accordingly, the purity of the soil. Information on how many people die in Russia due to the impact of adverse environmental factors on health was not available. However, it is known that the life expectancy of men in Russia over the past 25 years has decreased from 71 years to 57 years, including due to the degradation of nature.

All offenses formulated in the current Criminal Code, in terms of their functions related to nature management and environmental protection, can be divided into three categories: special environmental offenses, related, additional.

Special environmental formulations formulated in a separate chapter "Environmental crimes" (Chapter 26). It is placed in the IX "Crimes against public safety and public order" and contains the following elements:

• violation of the rules of environmental protection in the course of work (Article 246);
• violation of the rules for handling environmentally hazardous substances and waste (Article 247);
• violation of safety rules when handling microbiological or other biological agents or toxins (Article 248);
• violation of veterinary rules and rules established for the control of plant diseases and pests (Article 249);
• water pollution (art. 250);
• air pollution (art. 251);

Pollution of the marine environment (art. 252);

• violation of the legislation of the Russian Federation on the continental shelf and on the exclusive economic zone of the Russian Federation (Article 253);
• damage to the land (art. 254);
• violation of the rules for the protection and use of subsoil (Article 255);
• illegal harvesting of aquatic animals and plants (art. 256);
• violation of the rules for the protection of fish stocks (art. 257);
• illegal hunting (art. 258);
• destruction of critical habitats for organisms listed in the Red Book of the Russian Federation (Article 259);
• illegal felling of trees and bushes (art. 260);
• destruction or damage to forests (art. 261);
• violation of the regime of specially protected natural areas and natural objects (Article 262).

Special environmental formulations include a number of formulations formulated in articles contained in other chapters of the Code:

• violation of safety rules at nuclear facilities (Article 215);
• concealment of information about circumstances endangering human life or health (Article 237);
• cruelty to animals (art. 245);
• ecocide (art. 358).

These compositions in their content, of course, are ecological. Taking into account the object of environmental crimes, two types of crimes can be distinguished that infringe on:

a) environmental law and order in general. The object of such encroachments are public relations regarding the environment as an integrated object of legal regulation of use and protection. It is important to emphasize that the former Criminal Code of the RSFSR did not at all provide for offenses reflecting an encroachment on nature as a whole. According to the new Criminal Code of the Russian Federation, this type of crime includes the compositions formulated in Art. 247-249.259, 262, 215, 237, 358;

b) the procedure for the use and protection of individual natural resources. These are crimes under Art. 245, 250-258, 260-261 of the Criminal Code of the Russian Federation.

Related elements of crimes in the field of nature management and environmental protection, one should consider those that perform environmental functions only under certain objective circumstances: refusal to provide information to a citizen (Article 140); registration of illegal land transactions (Article 170); terrorism (art. 205); violation of safety rules in the conduct of mining, construction or other work (Article 216); violation of safety rules at explosive facilities (Article 217); violation of the rules for accounting, storage, transportation and use of explosive, flammable substances and pyrotechnic products (Article 218); violation of fire safety rules (art. 219); illegal handling of radioactive materials (art. 220); theft or extortion of radioactive materials (Article 221); illegal circulation of potent or poisonous substances for the purpose of sale (Article 234); violation of sanitary and epidemiological rules (Article 236); violation of safety rules during the construction, operation or repair of main pipelines (Article 269); planning, preparing, initiating or waging an aggressive war (art. 353); production or distribution of weapons of mass destruction (art. 355); use of prohibited means and methods of warfare (Article 356). These compositions acquire ecological significance only when, as a result of illegal actions, the rules of nature management are violated and the environment is harmed.

Some formulations, while not being ecological in nature, may also be used for environmental purposes under certain circumstances. TO additional a number of crimes against state power, the interests of the public service and service in local governments should be attributed: abuse of official powers (Article 285); abuse of office (Article 286); official forgery (art. 292); negligence (art. 293). The crimes envisaged by these articles can be applied directly to those officials who, by their actions or inaction, contributed to causing harm to the environment.

For the commission of environmental crimes, the Criminal Code of the Russian Federation provides for the following types of punishments:

• fine. Punishment in the form of a fine is provided for almost all environmental crimes. Its amount depends on the nature of the crime committed. The minimum fine is 200 times the minimum wage, the maximum is up to 700 times the minimum wage;
• deprivation of the right to hold certain positions or engage in certain activities. Such punishment is provided for many environmental crimes. Sometimes the period of validity of this punishment is also established;
• compulsory work. They consist in the performance by the convict in his free time of the main work or study of free socially useful work, the type of which is determined by local governments. This type of punishment is provided, in particular, for the destruction or damage of forests (up to 240 hours);
• corrective work. They are served at the place of work of the convicted person, while deductions are made from his earnings to the state in the amount established by the court verdict, ranging from 5 to 20%. Such punishment is established, for example, for violation of veterinary rules and rules established for the fight against diseases and pests of plants (up to 1 year); for air pollution (up to 2 years); for damage to the land (up to 2 years); for violation of the regime of specially protected natural areas and natural objects (up to 2 years);
• restriction of freedom. It consists in the maintenance of a convicted person who has reached the age of eighteen by the time the court passes the sentence, in a special institution without isolation from society under supervision. Such a punishment is provided for damage to the land (up to 3 years); destruction of critical habitats for organisms listed in the Red Book of the Russian Federation (up to 3 years);
• arrest. It consists in keeping the convict in conditions of strict isolation from society. Provided for water pollution (up to 3 months); for pollution of the marine environment (up to 4 months);
• imprisonment for a specified period. This type of punishment is provided for many crimes, including violation of environmental protection rules in the course of work (up to 5 years); for violation of the rules for handling environmentally hazardous substances and waste (from 3 to 8 years); for violation of safety rules when handling microbiological or other biological agents or toxins (from 2 to 5 years); for water pollution (up to 5 years); for air pollution (up to 3 years); for damage to the land (up to 3 years); for the destruction of critical habitats for organisms listed in the Red Book of the Russian Federation (up to 3 years); for destruction or damage to forests (up to 8 years). The most severe criminal liability is provided for ecocide, i.e. mass destruction of flora and fauna, poisoning of the atmosphere or water resources, as well as the commission of other actions that can cause an ecological catastrophe. This crime is punishable by imprisonment for a term of 12 to 20 years.

The subjective side of the elements of environmental crimes is expressed, as a rule, in the form of indirect intent, when a person is aware of his violation of the relevant rules, foresees the possibility of negative consequences for the environment or human health and deliberately allows their occurrence or treats it indifferently. In a number of articles related mainly to environmental pollution, violation of the rules for handling hazardous substances and waste, guilt is expressed in the form of negligence.

Assessing the practice of applying criminal liability for environmental crimes, experts note its low efficiency. Thus, criminal cases on the most massive and dangerous violations - water and air pollution account for 0.96% of the total number of environmental crimes, land pollution - 0.75%. The number of such cases itself decreased in 1996 by 22% and 32.8%, respectively. The rules on liability for crimes and other offenses related to the illegal seizure of natural resources (poaching, illegal logging, illegal mining) are mainly applied.

Environmental offenses are among the most common in Russia. But at the same time, the latency of environmental crimes reaches 95-99%*.

___________________________

* Pleshakov A.M. Criminal-legal struggle against environmental crimes. Abstract doc. diss. M., 1994. S. 5.

In general, there is a sharp discrepancy between the number of persons prosecuted for environmental crimes and the number of persons convicted for them. Thus, in 1995, only 5,100 people (56%) were convicted in 8,066 criminal cases against 9,093 people for environmental crimes. The quality of the investigation in cases of environmental crimes needs to be significantly improved. Every 4-5th case is groundlessly terminated. When imposing punishment, courts often allow unreasonable indulgences to persons who have committed dangerous environmental crimes.

According to the Director of the Research Institute for the Problems of Strengthening Law and Order under the Prosecutor General’s Office of the Russian Federation, “a paradoxical situation has developed in Russia: with the growth of the environmental crisis, atrophy and imbalance of state control and management are observed, with an increase in the number of offenses and abuses, a line is visible towards the attenuation of the judicial and legal response”

Compensation for harm (damage) caused to natural resources and the environment

The components of environmental administrative offenses are concentrated in Chapter 8 "Administrative offenses in the field of environmental protection and nature management." Some of them are placed in chapter 7 "Administrative offenses in the field of property protection", as well as a part in chapter 10. "Administrative offenses in agriculture, veterinary medicine and land reclamation". There is a part of the composition of environmental offenses and in Ch. 19 "Administrative offenses against the order of management."

Administrative liability is established for non-compliance with environmental requirements in the planning, feasibility study of projects, design, placement, construction, reconstruction, commissioning, operation of enterprises, structures or other facilities (Article 8.1), non-compliance with environmental and sanitary and epidemiological requirements when handling with production and consumption waste or other hazardous substances (Article 8.2), violation of the rules for handling pesticides and agrochemicals (Article 8.3), violation of the legislation on environmental expertise (Article 8.4), concealment or distortion of environmental information (Article 8.5).

The Code of Administrative Offenses of the Russian Federation provides for this responsibility for violating the rules for the protection and use of individual natural resources and natural complexes. Liability is provided for in Art. 8.6-8.40 Administrative Code of the Russian Federation. This is a violation of the rules for the protection and use of land (damage to land, art. 8.6) and other violations associated with increased obligations for the intended use, failure to comply with mandatory measures to improve land and protect soil (art. 8.7-8.8).

Administrative liability for violation of the rules and requirements for protection and rational use, as well as for carrying out work on the geological study of subsoil (Articles 8.10 - 8.11).

Administrative offenses in the field of environmental protection and nature management are also provided for by articles of the Code of Administrative Offenses of the Russian Federation 8.12-8.15.

Responsibility under these articles arises for violation of the procedure for granting for use and the regime for the use of land and forests in water protection zones and coastal strips of water bodies and violation of the rules for the protection of water bodies, rules for water use, operation of water management or water protection structures and devices. Further, the elements of administrative offenses related to the violation of the rules for the protection and use of the continental shelf and in the exclusive economic zone of the Russian Federation (Articles 8.18–8.21).

Responsibility for violation of the rules for the protection of atmospheric air related to the operation of motor vehicles in excess of the standards for the content of pollutants in emissions or noise levels (Art. 8.21-8.23). Responsibility for violation of the rules for the protection and use of forest resources, survey of felling sites in forests that are not included in the forest fund, as well as violations of forest management rules, violation of the rules for secondary forest management, etc. (Articles 8.25–8.32). violation of the rules for the protection and use of wildlife, destruction of animal habitats (Art. 8.29), violation of the rules for the habitat or migration routes of animals, violation of the established procedure for the creation, use or transportation of biological collections (Art. 8.34), destruction of rare or endangered species of animals or plants (Art. 8.35), violation of the rules for relocation, acclimatization or hybridization of objects of the animal world (Art. 8.36), violation of the rules for the use of objects of the animal world (Art. 8.37) and

violation of the protection of fish stocks (art. 8.38), violation of the rules for the protection and use of natural resources in specially protected natural areas (art. 8.39).

Administrative liability arises for violation of the requirements in the implementation of work in the field of hydrometeorology, monitoring of environmental pollution and active impact on hydrometeorological and other geophysical processes (Article 8.40).

Heads and other employees of other organizations who have committed administrative offenses in connection with the performance of organizational and economic functions, as well as persons engaged in entrepreneurial activities

without forming a legal entity, bear administrative responsibility as officials, unless otherwise provided by law.

Administrative responsibility is borne by military personnel and other persons who are subject to the Disciplinary Regulations (Article 2.5 of the Code of Administrative Offenses of the Russian Federation).

Legal entities are subject to administrative liability for the commission of administrative offenses provided for in the articles of Section II of the Code or the laws of the constituent entities of the Russian Federation on administrative offenses.

In administrative legislation, environmental offenses are formulated according to the following groups: protection of ownership of natural resources (Chapter 7); environmental protection and nature management (Chapter 8) and in agriculture, veterinary medicine and land reclamation (Chapter 10). ), destruction of special signs (Article 7.2), use of subsoil without a permit (license) or in violation of the conditions stipulated by the permit (license) (Article 7.3), unauthorized development of mineral deposits (Article 7.4), unauthorized extraction of amber ( 7.5), unauthorized occupation of a water body or its use without a permit (license) (art. 7.6), damage to a hydrotechnical, water management or

water protection facility, device or installation (Article 7.7), unauthorized occupation of a land plot of the coastal strip of a water body, water protection zone of a water body or zone (district) of sanitary protection of sources of drinking and household water supply (Article 7.8), unauthorized occupation of a forest fund site or a forest plot not included in the forest fund (Article 7.9), unauthorized assignment of the right to use land, subsoil, a Forest Fund plot, a forest plot not included in the Forest Fund, or a water body (Article 7.10), use of wildlife without permits (licenses) (Article 7.10), illegal acquisition of land plots on specially protected lands of historical and cultural purpose (Article 7.16).

The listed compositions of administrative offenses committed in the field of protection of ownership of natural resources generally cover the range of environmental relations arising from the use and protection of the environment.

According to article 2.1. Code of the Russian Federation on Administrative Offenses, an administrative offense is an unlawful, guilty action (inaction) of an individual or legal entity for which administrative liability is established.

As can be seen from the content of the article, the new Code does not use the term "administrative offense", but uses the concept of "administrative offense". Administrative liability occurs if, by their nature, the actions of the offender do not entail criminal liability. Subjects of administrative responsibility are individuals and legal entities. Citizens are brought to administrative responsibility when they reach the age of sixteen years at the time of committing an administrative offense (Article 2.3. of the Code of Administrative Offenses of the Russian Federation). With regard to the administrative responsibility of officials, they are subject to the specified responsibility in the event of an administrative offense in connection with non-performance or improper performance

their official duties (Article 2.4. Administrative Code of the Russian Federation).

Administrative law defines an official as a person, permanently, temporarily or in accordance with special powers.

exercising the functions of a representative of the authorities, that is, vested in the manner prescribed by law with administrative powers in relation to persons who are not in official dependence on him, as well as a person performing organizational and administrative or administrative and economic functions in state bodies, local authorities

self-government, state bodies and municipalities, as well as in the Armed Forces of the Russian Federation, other troops and military formations of the Russian Federation.

Administrative offenses committed in agriculture, veterinary medicine and land reclamation also include a large group of offences. Responsibility for these offenses is determined by articles 10.1-10.3, 10.6-10.10 of the Code of Administrative Offenses of the Russian Federation.

For example, Article 10.2 of the Code of Administrative Offenses of the Russian Federation “Violation of the procedure for the import and export of quarantine products (quarantine material, quarantine cargo)” and other articles aimed at protecting the environment in agriculture. And Art. 10.6 of the Code of Administrative Offenses of the Russian Federation provides for liability for violation of animal quarantine rules or other veterinary and sanitary rules in the field of animal conservation. As can be seen from the named compositions, environmental administrative offenses are committed by individuals (citizens and officials), as well as legal entities.

The procedure for bringing the perpetrators to administrative responsibility for environmental offenses is regulated by the norms of the Code of Administrative Offenses of the Russian Federation and the Rules for the implementation of environmental control by officials of the Ministry of Natural Resources of the Russian Federation and its territorial bodies, approved by the Ministry of Natural Resources of Russia on April 17, 1996.

The following administrative penalties may be established and applied for committing administrative offenses: warning; administrative penalty; gratuitous seizure of the instrument or object

administrative offense; confiscation of the instrument of commission or

the subject of an administrative offense; deprivation of a special right granted to an individual; administrative arrest; administrative expulsion from the Russian Federation of a foreign citizen or stateless person; disqualification (Article 3.2 of the Code of Administrative Offenses of the Russian Federation).

The most widespread practice in the application of punishment was a fine. The main purpose of this punishment is

prevention of illegal actions committed in more rude forms,

and entailing detrimental consequences for natural objects. The current legislation provides for the possibility of indexing the amount of fines imposed in the field of environmental protection and nature management.

The bodies that have been granted the right to impose administrative penalties are the specially authorized state bodies of the Russian Federation in the field of environmental management and environmental protection (sanitary and epidemiological supervision, nature protection committees of the subjects of the Federation, land control bodies, labor inspectorates of trade unions, and others).

In accordance with paragraph 2 of Article 4.1 of the Code of Administrative Offenses of the Russian Federation, when imposing an administrative penalty on an individual, the nature of the administrative offense committed by him, the identity of the perpetrator, his property status, and circumstances mitigating administrative responsibility are taken into account. Similar rules of administrative punishment are established for legal entities.

No one can bear administrative responsibility twice for the same administrative offense. State inspectors play an important role in ensuring law and order in the field of environmental protection. They carry out measures to prevent, detect and eliminate environmental offenses and bring the perpetrators to justice. For example, if an environmental offense is detected

fish inspector, hunting inspector draw up a protocol on an administrative offense in accordance with Article 28.2 of the Code of Administrative Offenses of the Russian Federation. An individual is given the opportunity to familiarize himself with the contents of the protocol, and he has the right to make comments that are attached to the protocol.

Based on the protocol, the state environmental inspector issues a decision to impose a fine for an administrative offense on the basis of Article 75 of the Law of the Russian Federation “On Environmental Protection” and Art. 3.5 Code of Administrative Offenses of the Russian Federation.

The amount of the fine imposed on the perpetrator depends on the degree of guilt of the offender and the harm caused. The decision to impose a fine is drawn up in at least three copies, one of which is handed over to the perpetrator against receipt or sent by mail.

The amount of the fine must be paid within 15 days. The decision to impose a fine may be appealed to a court or an arbitration court. The perpetrator is not released from compensation for harm caused by an environmental offense.

In accordance with Article 78 of the Law "On Environmental Protection", compensation for environmental damage caused by violation of environmental legislation is carried out voluntarily or by decision of a court or arbitration court.

Outwardly close to administrative fines are some monetary sanctions applied in the field of civil law relations. Such, in particular, are the penalties levied for violation of the rules for the release of timber

at the root. However, they cannot be identified with administrative fines, since each of them has specific features.

In the adopted law of the Russian Federation of June 22, 2007 No. No. 116-FZ "On Amendments to the Code of the Russian Federation on Administrative Offenses in Part of Changing the Method of Expressing a Monetary Punishment Imposed for an Administrative Offense". The law was aimed at eliminating the minimum wage, since it made it difficult to calculate the monetary penalty as an administrative

punishment of persons violating environmental legislation.

In Art. 3.5 of the Code of Administrative Offenses of the Russian Federation, an administrative fine is defined as a monetary penalty, which is expressed in rubles and is established for citizens in an amount not exceeding five thousand rubles; for officials - fifty thousand rubles; for legal entities - one million rubles or can be expressed as a multiple. Further, the legislator explains what exactly this multiplicity is expressed in. We emphasize that the procedure is not fully justified when the administration of state reserves, state inspectors for the use and protection of land, for monitoring the operation of gas cleaning and dust collection plants transfer the materials prepared by them for consideration by administrative commissions under municipal bodies.

As a result of such a transfer, the time for consideration of cases is delayed, in some cases they are resolved less qualified than by special bodies, there is an excessive flow of documents between inspections and administrative commissions, and control over the implementation of decisions is complicated. The Commission often shows liberalism in relation to offenders, gives them the opportunity to evade the responsibility provided for by law.

Practice shows that the effectiveness of administrative responsibility in the field of environmental protection and nature management depends on the efficiency of proceedings in cases of administrative offenses (many cases are considered in violation of the established 2-month period from the date of the offense, and in case of a continuing offense - two months from the date of discovery ). There are other reasons leading to a decrease in the effectiveness of administrative activities to combat environmental offenses.

In recent years, in the practice of applying the norms of environmental legislation, there has been a tendency to tighten responsibility. Thus, amendments were made to the Code of the Russian Federation on Administrative Offenses dated June 22, 20051. Basically, these changes relate to Articles 8.24-8.32. They are about environmental responsibility.

For example, article 8.26 of the Code of Administrative Offenses of the Russian Federation “Violation of the rules for the implementation of secondary forest management”, the content of which is not clear to everyone. In essence, it is about grazing where it is prohibited, about the unauthorized collection or destruction of "forest litter", that is, mosses, lichens, swamp cover. In addition, this article states that it is also a violation to place apiaries where it is not allowed, to harvest tree sap, mushrooms and berries where this cannot be done. In connection with the change in the articles, the sanctions are as follows: fines have increased, and confiscation of the “instrument of committing an offense” has appeared and

prepared products. Article 2.28 refers to the illegal felling of trees, damaging them or digging up bushes, vines and trees. And both in the forest and in forest nurseries and plantations. There was only one paragraph in this article. Now a second paragraph has appeared, which determines that if the destruction or digging out of bushes, vines, trees occurs using mechanisms, vehicles, self-propelled vehicles and other equipment, and if these actions do not fall under criminal liability, but only under administrative, then a fine will be levied from citizens - from 1.5 to 2.5 thousand rubles with confiscation of dug up and equipment, and from officials - from 3 thousand to 4 thousand rubles. From legal entities - from 30 thousand to 40 thousand rubles. And everywhere, the confiscation of equipment and dug up plants is also provided. To make these new articles work, the same federal law amended Article 23.1. It deals with judges considering administrative cases. Items have been added to the list and have been amended.

At the same time, emphasizing a positive phenomenon - an increase in fines, we note that their size is still small for the destruction of natural objects. But what is dug out, mined or harvested will more than cover it, and also gives a certain benefit. Therefore, there must be such sanctions that will not allow the destruction of nature.

In addition, a new article 8.41 has been introduced, which establishes liability for failure to pay within the established time limits for a negative impact on the environment. It seems that the application of this article by environmental authorities to some extent will improve the state of the environment.

The revival of administrative commissions in the subjects of the federation is indicative. So, in the Chelyabinsk region, the Legislative Assembly of September 27, 2007. The law “On administrative commissions” was adopted. The law allowed municipalities to create administrative commissions that would only consider cases of violations provided for by the regional law "On Administrative Offenses". This approach to solving this issue does not contradict federal legislation.

The commissions will consider cases of violations of local rules regarding the improvement and landscaping of the territory, without a ticket in transport, keeping animals and other cases at the local level.

It is assumed that the administrative commissions will help to relieve the magistrates. The decision of the administrative commissions is binding. The quantitative composition of the commission will be at least 5 people, of which all except the head will perform their functions on a voluntary basis.

The law determined that in municipalities with a population of up to 95 thousand people the chairman will work part-time, in cities and districts with a population of more than 95 thousand people - at a rate. Thus, in Chelyabinsk and Magnitogorsk, commissions will be created in each district. For this, seven and three rates are allocated, respectively. These figures are minimal for everyone, the municipality can increase the number of commissions, expand their number, add paid positions. Financial expenses will be covered by the regional budget.

Most often taking place in the field of nature management and environmental protection. Administrative responsibility is expressed in the application by the competent authority of the state of administrative penalties for committing an environmental offense. Regulated by the Code of Administrative Offenses of the Russian Federation and environmental legislation. A special chapter is devoted to administrative offenses in the field of environmental protection and liability for their commission ( ch. 7) Code of Administrative Offenses.

Administrative responsibility, in contrast to disciplinary responsibility, occurs not only for officials and citizens, but also for legal entities.

The Code of the Russian Federation on Administrative Offenses provides for the following types of administrative penalties for committing administrative offenses:

1. Warning;

3. Paid seizure of an item that was an instrument of committing or a direct object of an administrative offense;

4. Confiscation of an item that was an instrument for committing or a direct object of an administrative offense;

5. Deprivation of a special right granted to this citizen ( driving license, hunting license);

7. Administrative arrest.

At the same time, it is provided ( Art. 25 of the Code) that the paid seizure and confiscation of items that are important in the field of environmental protection, especially wild fauna, can be applied as main and additional administrative penalties, while other administrative penalties can be applied only as main ones.

For one administrative offense, a main or main and additional penalty may be imposed. When imposing an administrative penalty, the nature of the offense committed, the personality of the offender, the degree of his guilt, property status, circumstances mitigating and aggravating responsibility are taken into account.

The Law "On Environmental Protection" provides for the following types of environmental offenses that entail administrative liability:

1. Failure to comply with standards, norms and other environmental quality standards;

2. Failure to fulfill the obligations to conduct the state environmental review and the requirements contained in the conclusion of the environmental review, as well as to provide deliberately incorrect and unreasonable expert opinions;

3. Violation of environmental requirements during planning, feasibility study, design, placement, construction, reconstruction, commissioning, operation of enterprises, structures, production lines and other facilities;

4. Pollution of the environment and causing damage to human health, flora and fauna, property of citizens and legal entities as a result;

5. Damage, damage to natural objects, including natural monuments, depletion and destruction of natural reserves and natural ecological systems;

6. Violation of the established procedure or rules for obtaining, collecting, harvesting, selling, buying up, acquiring, exchanging, sending, importing and exporting objects of flora and fauna, their products, as well as botanical, zoological and mineralogical collections abroad;

7. Failure to comply with mandatory measures to restore the disturbed natural environment and the reproduction of natural resources;

8. Failure to comply with the instructions of the bodies exercising state environmental control;

9. Violation of environmental requirements for the neutralization, processing, disposal, storage or disposal of industrial and household waste;

10. Failure to comply with environmental requirements when using in the national economy and burial of radioactive materials, chemical and other harmful substances;

11. Exceeding the established levels of radiation exposure, etc.

One of the most common measures of administrative responsibility for environmental offenses is a fine. The specific amount of the expected fine depends not only on the nature and type of the offense committed, the degree of guilt of the offender and the harm caused, but is also determined by the powers granted to the relevant body imposing the fine.

Penalties for administrative environmental offenses are imposed by specially authorized state bodies in the field of environmental protection, regulation of the use of natural resources in accordance with their competence. The right to apply these measures is vested in special commissions under the executive authorities, internal affairs bodies, officials of control and supervisory bodies. Measures of administrative responsibility are applied without recourse to the court and according to a prohibited procedure. Penalties are most clearly and actively applied for violation of water legislation

The amounts of fines collected are transferred to special accounts of state environmental funds. As usual, a decision to impose an administrative fine can be appealed to a court or arbitration court. The payment of a fine does not release the perpetrators from the obligation to compensate for the harm caused by the offense.

Bringing to responsibility in the form of a fine, regardless of its amount, does not relieve the guilty person from the obligation to compensate for the harm caused. This is due to the fact that the fine, although it is of a material nature, is a measure of punishment, not compensation for harm; the amount of the fine does not go to the victim to compensate for the harm, but is directed in accordance with the Law to special accounts of off-budget environmental funds.

The objective side of an environmental offense is characterized by the presence of three elements:

a) unlawful behavior;

b) causing or real threat of causing environmental harm or violation of other legal rights and interests of subjects of environmental law;

c) a causal relationship between illegal behavior and environmental damage or a real threat of causing such damage or violation of other legal rights and interests of subjects of environmental law.

The subjects of an environmental offense may be legal entities, officials and individuals, including foreign legal entities and citizens who have committed offenses related to the use of natural resources or environmental protection on the territory of Russia or the territory under its jurisdiction.

The composition of subjects varies depending on the type of environmental offense. So, the subjects of disciplinary liability are officials and employees of enterprises, criminal - officials and citizens, administrative - legal entities, officials and citizens.

In accordance with the current legislation, administrative and criminal liability of individuals for environmental offenses begins at the age of 16. In civil proceedings, citizens bear limited liability from the age of 14 to 18, full liability from the age of 18. From this age, the person becomes fully capable. Labor legislation does not establish age limits regarding the application of disciplinary and financial liability of persons guilty of environmental offenses in the labor sphere.

The subjective side of an environmental offense is characterized by the guilt of the offender (with the exception of cases of liability of the owner of a source of increased danger). Guilt is understood as the mental attitude of the offender to his unlawful behavior, which can manifest itself in action or inaction. The law provides for two forms of guilt: intent (direct or indirect) and negligence. An environmental offense is intentional, in which the offender foresees the onset of socially harmful consequences of his behavior and wishes or deliberately allows them (for example, an entrepreneur dumps toxic waste from his production at the edge of a forest, that is, not in a place established for this). There are two types of negligence: arrogance and negligence. Arrogance occurs when a person violating an environmental requirement foresees the socially harmful consequences of his activities, but frivolously counts on the possibility of avoiding them. Negligence is manifested in the fact that a person does not foresee the onset of harmful consequences, although he should have and could have foreseen them. The Civil Code of the Russian Federation introduces the concept of gross negligence. True, we are talking about the gross negligence of the victim himself, which contributed to the occurrence or increase of harm, which is taken into account when determining the amount of compensation for harm by the offender (Article 1083).

At the same time, in environmental practice, as already noted, there may be innocent (absolute) liability - for harm caused by a source of increased danger. Compensation for such damage is regulated by Art. 1079 of the Civil Code of the Russian Federation.

Some environmental offenses can be committed with any form of guilt (for example, offenses that result in air or water pollution), others - only with a deliberate form of guilt (illegal hunting or fishing), and others - through negligence (for example, careless handling of fire in the forest and violation of fire safety rules in the forests).

Disciplinary liability for environmental offenses

The grounds for disciplinary liability, the range of subjects and disciplinary sanctions are regulated by the Labor Code of the Russian Federation of December 30, 2001. It is expressed in the imposition by the employer on the guilty employee of a disciplinary sanction for failure to perform or improper performance of the labor duties assigned to him related to nature management and environmental protection. The offense may, for example, consist in the failure of the chief engineer of the enterprise to comply with the requirements of the job description regarding the operation of industrial equipment. Unlike criminal and administrative legislation, there is no more or less systematized list of environmental disciplinary offenses here.

The subjective side of a disciplinary environmental offense is, as a rule, negligence. In accordance with Article 192 of the Labor Code of the Russian Federation, the following disciplinary sanctions may be applied for committing a disciplinary offense: a remark; rebuke; dismissal. Federal laws, charters and regulations on discipline for certain categories of employees may also provide for other disciplinary sanctions.

The procedure for imposing and removing a disciplinary sanction is regulated by labor legislation. Before applying a disciplinary sanction, the employer must request an explanation from the employee in writing. If the employee refuses to give the specified explanation, an appropriate act is drawn up. The employee's refusal to give an explanation is not an obstacle to the application of a disciplinary sanction. A disciplinary sanction is applied no later than one month from the date of discovery of the misconduct, not counting the time of illness of the employee, his stay on vacation, as well as the time required to take into account the opinion of the representative body of employees.

The order (instruction) of the employer on the application of a disciplinary sanction is announced to the employee against receipt within three working days from the date of its issuance. A disciplinary sanction may be appealed by an employee to state labor inspectorates or bodies for the consideration of individual labor disputes.

If within a year from the date of application of a disciplinary sanction, a new disciplinary sanction is not applied to the employee, then he is considered not to have a disciplinary sanction. The employer, before the expiration of a year from the date of application of a disciplinary sanction, has the right to remove it from the employee on his own initiative, at the request of the employee himself, at the request of his immediate supervisor or a representative body of employees.

At the request of the representative body of employees, the head of the organization and his deputies may be brought to disciplinary responsibility. The employer is obliged to consider the application of the representative body of employees about the violation by the head of the organization, his deputies of laws and other regulatory legal acts on labor, the terms of the collective agreement, agreement and report the results of the consideration to the representative body of employees. If the facts of violations are confirmed, the employer is obliged to apply a disciplinary sanction to the head of the organization, his deputies, up to and including dismissal.

The imposition of a disciplinary sanction in the presence of legal grounds does not exclude the possibility of applying more severe types of liability to the guilty employee - administrative, criminal, civil.

Administrative liability for environmental offenses

The Code of Administrative Offenses also defines the bodies and officials authorized to consider the relevant cases (Chapter 23). Thus, judges consider cases of administrative offenses provided for in Articles 7.5, 7.12, 7.15, 7.17, 7.24, 7.27, 7.28; bodies of internal affairs (militia) consider cases of administrative offenses provided for in Articles 8.22, 8.23; bodies of the state sanitary and epidemiological service of the Russian Federation consider cases of administrative offenses provided for in part 2 of article 7.2 (on the destruction and damage of signs of sanitary (mountain and sanitary) zones and districts, medical and recreational areas and resorts), part 2 of article 7.8, article 8.2 , Article 8.5 (in terms of information on the state of atmospheric air, sources of drinking water supply, as well as on the radiation situation), part 2 of Article 8.6 (on damage to land by production and consumption waste hazardous to human health and the environment); specially authorized state bodies in the field of nature management and environmental protection.

Bodies exercising state environmental control consider cases of administrative offenses provided for in part 2 of article 7.2 (on the destruction and damage of signs of specially protected natural areas, as well as signs installed by users of wildlife or specially authorized state bodies for the protection, control and regulation of the use objects of the animal world and their habitat, buildings and other structures belonging to the specified users and authorities), Articles 7.11 (use of objects of the animal world without a permit (license)), 8.1 (non-compliance with environmental requirements in planning, feasibility study of projects, design, placement, construction, reconstruction, commissioning, operation of enterprises, structures or other facilities), 8.2 (non-compliance with environmental and sanitary and epidemiological requirements when handling production and consumption waste or other hazardous substances ami), 8.18 (violation of the rules for conducting resource or marine scientific research in internal sea waters, in the territorial sea, on the continental shelf and (or) in the exclusive economic zone of the Russian Federation) and other offenses.

The initiation and consideration of an administrative environmental offense, the execution of decisions in such cases is regulated by chapters 28, 29, 31, 32 of the Code of Administrative Offenses of the Russian Federation.

Bringing to administrative responsibility for environmental offenses does not release the guilty person from the obligation to compensate for the environmental or ecogenic damage caused. This is explained by the fact that the fine, although it is of a material nature, is a measure of punishment, and not compensation for harm; the amount of the fine does not go to the victim to compensate for the harm, but is directed in accordance with the law to the budget or to special accounts of environmental funds.

Criminal liability for environmental crimes

The Criminal Code of the Russian Federation explicitly states that its task, along with the protection of human and civil rights and freedoms, property and public order, is environmental protection.

The state of human health, which, in accordance with the Constitution of the Russian Federation, is the highest value, largely depends on the purity of water, air, the quality of the products that it feeds on, and, accordingly, on the purity of the soil. Meanwhile, the degradation of nature is one of the significant factors in reducing the life expectancy of men in Russia over the past 25 years from 71 to 58 years. Based on data on the levels of air pollution in more than 100 cities of Russia, it was revealed that the largest part of the population (15.4 million people) is exposed to suspended solids. According to the results of calculations of the risk of death carried out by the Ministry of Health of Russia, only from air pollution by these substances, the number of deaths is 21,000, which is 7% of the annual deaths among residents of these cities. Who was held responsible for this? Beginning in 1961, the Criminal Code provided for liability for environmental crimes, in particular for air pollution.

Laws of a constituent entity of the Russian Federation, legal acts of a legislative (representative) body of state power of a constituent entity of the Russian Federation, legal acts of executive authorities of a constituent entity of the Russian Federation and legal acts of their officials that violate the rights and freedoms of man and citizen, the rights of public associations and local governments, may be appealed to judicial order.

As for the act of the highest official of the subject of the Russian Federation (the head of the highest executive body of state power of the subject), acts of the executive authorities of the subject of the Russian Federation, Art. 29 established the right of the President of Russia to suspend their operation in the event that this act conflicts with the Constitution of the Russian Federation, federal laws, international obligations of the Russian Federation or violates the rights and freedoms of man and citizen until this issue is resolved by the appropriate court.

During the period of validity of the decree of the President of Russia on the suspension of the relevant acts, the highest official of the subject of the Russian Federation (the head of the highest executive body of state power of the subject) and (or) the executive body of the subject of the Russian Federation cannot issue another act that has the same subject of regulation, with the exception of the act , canceling the act, the effect of which was suspended by the President of Russia, or making the necessary changes to it. At the same time, the highest official of a subject of the Russian Federation (the head of the highest executive body of state power of the subject) has the right to apply to the appropriate court to resolve the issue of compliance of the act issued by him or the executive body of the subject of the Russian Federation with the Constitution of the Russian Federation, federal laws, international obligations of the Russian Federation.

In the cases specified by the Law, the President of Russia issues a warning to the highest official of a constituent entity of the Russian Federation (the head of the highest executive body of state power of the constituent entity). These cases concern:

• publication by the highest official of a subject of the Russian Federation (head of the highest executive body of state power of a subject of the Russian Federation) of a normative legal act that contradicts the Constitution of the Russian Federation, federal laws, if such contradictions are established by the appropriate court, and the highest official of a subject of the Russian Federation (head of the highest executive body of state power of a subject of the Russian Federation) within two months from the date of entry into force of the court decision or within another period stipulated by the court decision, has not taken measures within its powers to enforce the court decision;
• evasion by the highest official of a subject of the Russian Federation (the head of the highest executive body of state power of a subject of the Russian Federation) within two months from the date of issuance of a decree of the President of Russia on the suspension of a regulatory legal act of the highest official of a subject of the Russian Federation (the head of the highest executive body of state power of a subject of the Russian Federation) or a regulatory legal an act of an executive authority of a constituent entity of the Russian Federation from issuing a regulatory legal act providing for the abolition of a suspended regulatory legal act, or from making changes to the said act, if within this period the highest official of the constituent entity of the Russian Federation (the head of the highest executive body of state power of the constituent entity of the Russian Federation) has not applied to the appropriate court to resolve the dispute (art. 29.1).

The period during which the President of Russia issues a warning to the highest official of a constituent entity of the Russian Federation (the head of the highest executive body of state power of a constituent entity of the Russian Federation) cannot exceed six months from the date the court decision comes into force or from the date of the official publication of the decree of the President of Russia on the suspension of the normative legal act of the highest official of the subject of the Russian Federation (head of the highest executive body of state power of the subject of the Russian Federation) or a regulatory legal act of the executive body of the subject of the Russian Federation, if the highest official of the subject of the Russian Federation (head of the highest executive body of state power of the subject of the Russian Federation) did not apply to the appropriate court to resolve the dispute .

If within a month from the date of issuance by the President of Russia of a warning to the highest official of a constituent entity of the Russian Federation (the head of the highest executive body of state power of a constituent entity of the Russian Federation), the said person fails to take measures within the limits of his authority to eliminate the causes that served as the basis for issuing a warning to him, the President of Russia dismisses the highest official person of the subject of the Russian Federation (head of the highest executive body of state power of the subject of the Russian Federation) from the position.

The President of Russia, in accordance with the procedure established by the criminal procedural legislation of the Russian Federation, has the right, upon a reasoned proposal from the Prosecutor General of the Russian Federation, to temporarily suspend the highest official of a constituent entity of the Russian Federation (the head of the highest executive body of state power of a constituent entity of the Russian Federation) from performing duties in the event that the said person is charged with committing a serious or particularly serious crime.

The decision of the President of Russia to warn the highest official of a subject of the Russian Federation (the head of the highest executive body of state power of a subject of the Russian Federation) or to remove the highest official of a subject of the Russian Federation (the head of the highest executive body of state power of a subject of the Russian Federation) from office is taken in the form of a decree. Such a decree shall enter into force ten days after its official publication.

The highest official of a constituent entity of the Russian Federation (the head of the highest executive body of state power of a constituent entity of the Russian Federation), whose powers were terminated by a decree of the President of Russia on the removal of the said person from office, has the right to appeal this decree to the Supreme Court of the Russian Federation within ten days from the date of the official publication of the decree. The Supreme Court of the Russian Federation must consider the complaint and make a decision no later than ten days from the date of its filing.

According to Art. 70 of the Federal Law "On the General Principles of the Organization of Local Self-Government in the Russian Federation" local self-government bodies and officials of local self-government are responsible to the population of the municipality, the state, individuals and legal entities in accordance with the law. In particular, the responsibility of local self-government bodies and local self-government officials to the population comes as a result of the loss of public confidence. The procedure and conditions for such liability are determined by the charters of municipalities.

The responsibility of local self-government bodies and officials of local self-government to the state occurs if they violate the Constitution of the Russian Federation, the constitution, the charter of the subject of the Russian Federation, federal laws, the laws of the subject of the Russian Federation, the charter of the municipality (Article 72).

Constitutional responsibility occurs in the event of the adoption of a normative legal act that is contrary to the Constitution of the Russian Federation, federal constitutional law, federal law, constitution, charter, law of a constituent entity of the Russian Federation, charter of a municipality (Article 73).

The representative body of local self-government, the head of the municipal formation, which has adopted (issued) a normative legal act, which is recognized by the court as contrary to the Constitution of the Russian Federation, federal constitutional law, federal law, constitution, charter, law of the constituent entity of the Russian Federation, charter of the municipal formation, are obliged to cancel within the time period established by the court decision this normative legal act or some of its provisions, as well as publish information about the court decision within ten days from the date the court decision enters into force.

If the representative body of local self-government, the head of the municipality has not repealed the normative legal act or its individual provisions, which are recognized by the court as contradicting the Constitution of the Russian Federation, federal constitutional law, federal law, constitution, charter, law of the subject of the Russian Federation, the charter of the municipality and at the same time entailed violation (derogation) of the rights and freedoms of a person and a citizen or the occurrence of other harm, then the representative body of local self-government may be dissolved, the powers of the head of the municipality may be prematurely terminated by removing him from office.

If the representative body of local self-government, the head of the municipality has not canceled the normative legal act or its individual provisions in accordance with a court decision that has entered into force, then the legislative (representative) body of state power of the subject of the Russian Federation on its own initiative or at the request of the highest official of the subject The Russian Federation (the head of the highest executive body of state power of a subject of the Russian Federation) warns the representative body of local self-government in writing, and the highest official of the subject of the Russian Federation (the head of the highest executive body of state power of a subject of the Russian Federation) warns the head of the municipality in writing about the possibility of taking measures in accordance with this Federal Law.

If the representative body of local self-government, the head of the municipal formation, within a month from the date of issuance (announcement) of the written warning, did not take measures to enforce the court decision, then the representative body of local self-government may be dissolved, and the head of the municipal formation may be removed from office no later than six months. from the date of entry into force of the court decision, which is the basis for the dissolution of the representative body of local self-government, the dismissal of the head of the municipality from office.

The representative body of local self-government is dissolved by the law of a constituent entity of the Russian Federation or by a federal law, and the head of a municipal formation is dismissed from office by a decree (decree) of the highest official of a constituent entity of the Russian Federation (head of the highest executive body of state power of a constituent entity of the Russian Federation), with the exception of heads of municipal formations - capitals and administrative centers of constituent entities Russian Federation, or by decree of the President of Russia.

If, within three months from the date of entry into force of the court decision, the representative body of local self-government has not repealed a normative legal act or its individual provisions, and the legislative (representative) body of state power of a constituent entity of the Russian Federation has not taken the measures provided for by this Law, the President of Russia has the right submit to the State Duma a draft federal law on the dissolution of the representative body of local self-government.

If within three months from the date of entry into force of the court decision, the head of the municipal formation has not repealed the normative legal act or its individual provisions, and the highest official of the constituent entity of the Russian Federation (the head of the highest executive body of state power of the constituent entity of the Russian Federation) has not taken the measures provided for in this article, then the President Russia has the right to dismiss the head of the municipality from office.

The dismissal of the head of a municipal formation from office and the simultaneous appointment of new elections (if he was elected by the population of the municipal formation) are carried out by a decree (decree) of the highest official of a constituent entity of the Russian Federation (head of the highest executive body of state power of a constituent entity of the Russian Federation) or by a decree of the President of Russia.

In the event that the head of a municipal formation is removed from office, the highest official of a constituent entity of the Russian Federation (the head of the highest executive body of state power of a constituent entity of the Russian Federation) or the President of Russia shall appoint an acting head of the municipal formation for the period until the newly elected head of the municipal formation takes office, unless another procedure is established bylaws of the municipality.

Proposals for the removal by the President of Russia of the head of a municipal formation from office may be submitted by the legislative (representative) body of state power of a subject of the Russian Federation, the highest official of a subject of the Russian Federation (the head of the highest executive body of state power of a subject of the Russian Federation), the Government of the Russian Federation, the Prosecutor General of the Russian Federation.

Citizens whose rights and legitimate interests have been violated in connection with the dissolution of the representative body of local self-government, the dismissal of the head of the municipality from office, have the right to appeal the dissolution of the representative body of local self-government, the removal of the head of the municipality from office to the appropriate court (Supreme Court of the Republic, regional, regional courts , the court of a city of federal significance, the court of an autonomous region, the court of an autonomous district) or the Supreme Court of the Russian Federation within ten days from the date of the official publication of the law, decree (decree).

The Supreme Court of the Republic, the regional court, the court of a city of federal significance, the court of an autonomous region, the court of an autonomous district, the Supreme Court of the Russian Federation must consider the complaint and make a decision no later than ten days from the date of its filing.

Civil liability for environmental damage

Compensation for environmental damage is regulated mainly by the Civil Code of the Russian Federation, the Code of Civil Procedure of the Russian Federation, the APC of the Russian Federation. A number of important provisions relating to this are also contained in environmental legislation, although it also refers to civil law.

The concept and types of environmental damage. Methods and principles of its compensation

Harm caused by violation of legal environmental requirements is called environmental or ecogenic harm in the doctrine of environmental law.

Environmental damage is understood as any deterioration of the state of the environment that occurred as a result of violation of legal environmental requirements. It primarily manifests itself in the form of environmental pollution, damage, destruction, damage, depletion of natural resources, destruction of ecological systems.

As a result of the named forms of nature degradation, damage to the health and property of citizens and legal entities can be caused. Such harm is called ecogenic. Harm to the health and property of citizens and legal entities by adverse environmental impacts is not always associated with a violation of the requirements of environmental legislation. It can be caused due to natural disasters - earthquakes, floods, etc.

We emphasize that environmental harm has other socially significant manifestations. They relate, in particular, to the demographic sphere: a decrease in life expectancy, a decrease in population growth.

Environmental damage is often associated with the loss of benefits, that is, the non-receipt by the user of natural resources of income that he could receive under normal conditions. For example, a farmer could get a higher crop yield if the environment was not polluted.

A new element of environmental damage for Russian environmental law is moral damage. Moral harm may consist in moral feelings due to the inability to continue an active social life, with the loss of a job, as well as physical pain associated with damage to health or in connection with a disease suffered as a result of moral suffering. Since nature satisfies the aesthetic (spiritual) needs of a person, the destruction, for example, of green spaces in cities can also be considered as a factor in causing moral harm and, accordingly, should serve as the basis for its compensation. Appropriate claims may be brought in the context of a violation of the right to a healthy environment.

The legislation provides for judicial and extrajudicial procedures for compensation for environmental damage. The corresponding duty may be performed by a court decision - general or arbitration. Out-of-court compensation is implemented in a number of ways, including voluntary compensation, through insurance against the risk of environmental harm, and through administrative procedures. The voluntary method of compensation for harm, rarely used in practice, has some advantages for its causer, which are still little realized in Russian society. Judicial procedure can create powerful anti-advertising for the enterprise and other tortfeasor, in which they cannot be interested in any way. When the situation concerning environmental damage is obvious, in particular when there is a tortfeasor and his victims, it is sometimes "more profitable" to compensate for the damage voluntarily.

The administrative procedure for compensation for environmental damage is applied, as a rule, in case of accidents and natural disasters that have environmental consequences, by taking measures for the socio-economic protection of the affected population. As other forms of compensation for such harm in the administrative procedure, one can consider the issuance of a temporary disability certificate, disability registration.

Compensation for damage to human health and property caused by adverse environmental impacts

The legislation establishes the principle of full compensation for harm caused to the health and property of citizens by the adverse effects of the environment. According to the Federal Law "On Environmental Protection", harm caused to the health and property of citizens by the negative impact of the environment as a result of economic and other activities of legal entities and individuals is subject to compensation in full. Determination of the volume and amount of compensation for harm caused to the health and property of citizens as a result of violation of legislation in the field of environmental protection is carried out in accordance with the law.

The previous Law "On the Protection of the Environment" indicated specific factors that should be taken into account when determining the amount of harm caused to the health of citizens: the degree of disability of the victim, the necessary costs for treatment and restoration of health, the costs of caring for the sick, other expenses, including lost professional opportunities, costs associated with the need to change the place of residence and lifestyle, profession, as well as losses associated with moral injuries, the inability to have children or the risk of having children with congenital pathology.

The usual practice for Russia to compensate for damage to the health of citizens as a result of environmental pollution (as a special case of damage to health in general) is to receive temporary disability benefits. In accordance with the Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens, the corresponding decision is made on the basis of a special examination. Examination of temporary disability is carried out by the attending physicians of the state, municipal and private healthcare systems. They single-handedly issue certificates of incapacity for work to citizens for up to 30 days, and for a longer period, certificates for incapacity for work are issued by a medical commission appointed by the head of the medical institution.

During the examination of temporary disability, the need and timing of the temporary or permanent transfer of the employee for health reasons to another job are determined, and a decision is made to send the citizen in the prescribed manner to the medical and social expert commission, including if the citizen has signs of disability.

If there are signs of disability, that is, a health disorder with a persistent disorder of body functions due to a disease or other causes that leads to a limitation of life and necessitates social protection, the appropriate decision is made based on the results of a medical and social examination. In accordance with the Fundamentals of the legislation of the Russian Federation on the protection of the health of citizens, a medical and social examination is carried out by institutions of medical and social examination of the system of the Ministry of Social Protection of the Population of the Russian Federation upon a written application by a person with signs of disability, or his legal representative.

Along with the material support of the disabled, including cash payments for various reasons, the legislation provides for benefits for medical care, housing, benefits for working conditions, social and transport services, and sanatorium treatment.

The provision of social and economic protection measures, benefits and compensations to citizens affected by the adverse effects of the environment received regulatory formalization after the accident at the Chernobyl nuclear power plant. Such measures, benefits and compensations are stipulated, in particular, by the Law "On Social Protection of Citizens Exposed to Radiation as a Result of the Chernobyl Nuclear Power Plant Catastrophe" and other laws.

So, citizens who have received or suffered radiation sickness, other diseases, and disabled people as a result of the Chernobyl disaster, the Law guarantees:

• free medical care (inpatient and outpatient), free purchase of medicines (by prescription), free production and repair of dental prostheses (with the exception of prostheses made of precious metals), free annual provision of spa treatment or cash compensation in the amount of the average cost vouchers, etc.;
• payment of temporary disability benefits to working disabled people for up to four consecutive months or up to five months in a calendar year in the amount of 100% of actual earnings without limitation of two tariff rates (salaries);
• payment for the occupied living space (within the limits stipulated by the current legislation), including for members of their families living with them, in the amount of 50% of the rent calculated at the rates established for workers and employees, as well as providing a discount of 50 % from the established fee for the use of telephones, radios and for their installation, for the use of heating, water supply, gas and electricity, and for those living in houses without central heating - a discount of 50% on the cost of fuel purchased within the limits, established for sale to the public, including transportation costs;
• free travel on all types of urban passenger transport (except taxis) and on public transport (except taxis) in rural areas, as well as on suburban railway and water transport and on suburban buses, free travel with the right to purchase tickets in priority on the railway by road or on ships of transit and local lines of the river fleet once a year (round trip), and in areas without rail links - by air, water or intercity road transport;
• other significant benefits.

Issues of insurance of the risk of causing harm to the health or property of citizens from environmental pollution are to some extent considered within the framework of environmental insurance in the section "Economic and legal mechanism for nature management and environmental protection". Environmental insurance is a guarantee that a citizen who has insured his health and property against the risk of harm due to unforeseen pollution or other adverse changes in the environment will receive appropriate compensation.

It can be expected that in Russia the issue of compulsory environmental insurance of citizens against the risk of adverse effects on human health from environmentally hazardous objects will be resolved. At present, compulsory free personal insurance against the risk of radiation exposure at the expense of the owners or owners (users) of nuclear facilities is provided for by the Federal Law "On the Use of Atomic Energy".

In other cases, citizens can insure their lives, health and property on their own initiative, receiving appropriate compensation upon the occurrence of an insured event. Such a case is only emergency (sudden, unintentional) pollution of the environment, i.e. an accident at a technical facility with environmental consequences, or, according to experts, an environmental accident.

If a citizen who has suffered from the adverse effects of the environment claims full compensation for damage to health or property, in accordance with the procedure established by law, he must declare his claims in court. The victim himself, members of his family, a prosecutor authorized by the state administration body, public organization (association), representing the interests of the victim, may file a lawsuit with the court. At the same time, the victim must substantiate his claims and provide evidence of harm to health or property, the existence of a causal relationship between the harm caused and environmental pollution, as well as a causal relationship between environmental pollution and the activities of polluters - enterprises, institutions, organizations and citizens.

If a person is recognized as disabled due to an environmentally determined disease, the source of the disease, as well as causal relationships, can be established through a medical and social examination. In other cases, all this must be documented by the victim himself, by submitting to the court a certificate of health, an act (certificate) of the state environmental control body on the fact of environmental pollution at a certain time and in a certain territory, and a certificate from the place of work, place of residence (local authority self-government, passport police department or house management), confirming that the victim was at that time in this place and, therefore, was exposed to harmful effects of the environment. In practice, proving a causal relationship in the area under consideration is an extremely difficult matter.

When preparing materials for filing a claim for compensation for harm caused to health by environmental pollution, the plaintiff substantiates the amount of damage and the amount of compensation. When considering the case, the court hears the arguments of the parties, checks the legality, correctness and validity of the calculations, as well as all other legal and factual circumstances of the case, and makes a decision on this basis.

The subjects of liability for causing harm to the health and property of citizens by environmental offenses can be both legal entities and citizens-entrepreneurs, as well as state bodies and their officials. According to Art. 53 of the Constitution of the Russian Federation, everyone has the right to compensation by the state for damage caused by illegal actions (or inaction) of state bodies and their officials. At the same time, the Civil Code of the Russian Federation establishes that harm caused to a citizen (as well as a legal entity) as a result of illegal actions (inaction) of state bodies, local government bodies or officials of these bodies, including as a result of the issuance of an act that does not comply with the law or other legal act state body or local self-government body, is subject to compensation. It is reimbursed at the expense of the treasury of the Russian Federation, the treasury of the subject of the Russian Federation or the treasury of the municipality, respectively (Article 1069).

It is also important to know that along with compensation for damage to health and property caused by an environmental offense, a citizen has the right to compensation for losses associated with moral injuries or moral damage.

Liability for environmental damage caused by a source of increased danger

Compensation for harm caused by a source of increased danger to the environment is characterized by significant specifics. It manifests itself in the fact that responsibility for environmental damage caused by such sources comes without fault. In world practice, such responsibility is called strict or absolute. The objects of environmental damage are also specific.

Liability for harm caused by activities that create an increased danger to others is regulated by Art. 1079 of the Civil Code of the Russian Federation. The objects of increased danger of the Civil Code of the Russian Federation include means, mechanisms, high-voltage electrical energy, nuclear energy, explosives, potent poisons, etc., as well as the implementation of construction and other related activities, etc.

By the court from liability in whole or in part, if the gross negligence of the victim himself contributed to the occurrence or increase of harm.

The current legislation provides for liability for environmental offenses committed in the field of the use of natural reserves and the preservation of the environment. In accordance with the laws and regulations of law, they are singled out as independent offenses and crimes.

concept

Environmental offenses or crimes are actions or omissions that are contrary to the established requirements of environmental law. In practice, this is expressed as a guilty illegal environmentally unsafe or harmful action that encroaches on the established procedures in the field of environmental safety in the use of natural resources and environmental protection.

Environmental offenses are characterized by causing environmental damage in the course of illegal actions.

The essence of the concept is reflected in the fact that the offender took any actions or inactions in relation to the factors that led to changes in the state of the natural environment, as well as the commission of offenses defined by environmental legislation.

The concept of an environmental offense in its content defines some illegal actions for which punishment should follow. For such violations, in accordance with the law, criminal, administrative, disciplinary and civil liability is provided.

Types of environmental offenses

There are 3 types of environmental offenses. This:

• Committed by the legitimate owners of natural resources.
• Made by nature users.
• Committed by persons who do not belong to any of these subgroups.

The next criterion is the state of natural objects, in relation to which environmental violations were identified. This:

• Corruption.
• Destruction.
• Damage.

According to the object of encroachment, the types of environmental offenses are distinguished into: mountain, land, water, forest.

Classification

If objects of encroachment of a group of homogeneous offenses are singled out as part of an offense, the following classification takes place:

• Illegal destruction and damage to natural resources, such as pollution, clogging of water, destruction of forest areas, significant damage to agricultural land.
• Violation and ignoring the rules for transferring ownership of natural resources associated with the possibility of causing damage to the environment. Such violations include the introduction into operation of technical structures and enterprises that damage the environment.
• Inaction or non-compliance with the established rules for the conservation of natural resources.
• Deliberate use of various natural resources for their own selfish purposes. For example, collecting wild rare plants.

Corpus delicti

Environmental offenses include:

• Clogging or depletion of groundwater and sources, causing harm to them, resulting in a change in their natural qualities. Especially if it carries a danger to the animal and plant surroundings.
• Violation of the norms of permissible emissions into the atmosphere of various harmful substances or improper operation of technical devices and structures, resulting in pollution or changes in the properties of the air.
• Pollution of seas and water sources due to the discharge of substances and materials that have a harmful effect on human health or other living resources.
• Poisoning or contamination of land with harmful products of economic activity due to the improper use and application of fertilizers or pesticides, as well as resulting from their careless transportation.
• Destruction or damage to the natural or artificially created forest fund as a result of improper or inaccurate handling of fire or other sources of potential danger.
• Illegal deforestation or destruction of certain types of their plant part, committed on a significant scale, violating the overall balance of the natural environment.
• Illegal hunting or extermination of animals, causing damage on a large scale, as well as using vehicles or explosives, poison gases used against the fauna of forests and reserves.
• Illegal fishing of fish or marine mammals, as well as vegetation, if they entail causing major damage and are carried out using self-propelled vehicles, chemicals or explosives.
• Production of logging, construction of illegal building structures (dams, bridges), if they entailed the mass death of fish and other creatures of the aquatic environment.
• Production of environmentally hazardous waste, its improper transportation and storage, as well as disposal by means of release into the environment.
• Illegal or careless handling of radioactive materials.
• Violation of safety and sanitary rules, which are established by the current federal legislation.

Responsibility for environmental offenses

The rules established by the current legislation regarding the prevention, detection and suppression of violations in the field of nature conservation are also a way of control. Responsibility for committing environmental offenses is assigned in the course of legal proceedings or may be determined by regulatory authorities.

Environmental control is carried out not only by the state and is divided into several types:

• State.
• Industrial.
• Public.
• Municipal.
• General.

Each of these types of control is carried out in order to:

• Supervision by individuals and legal entities of compliance with environmental legislation and its norms.
• Compliance with all provided requirements and regulatory documents.
• Ensuring ecological safety and security of the natural environment.

Thus, environmental supervision is one of the means of managing the protection of the natural environment and:

• carried out by special bodies and persons of the environmental inspection on behalf of the state;
• is over- and extra-departmental in nature;
• is one of the functions of environmental management of the state;
• associated with the use of various measures of administrative coercion.

Types of liability for environmental offenses

State control is carried out on the basis of the legal framework by special state bodies that have the authority and are called upon to ensure regular and systematic environmental supervision.

Production control is carried out in order to ensure the execution of economic processes or production activities, as well as various measures aimed at protecting the natural environment and rational use of its resources. Business entities provide information about the organization to the executive authorities, which conduct regular inspections in accordance with the procedure established by law. Such control is carried out by the environmental service of a legal entity, which acts exactly in accordance with the letter of the law and whose function is aimed at eliminating the negative consequences of the organization's production activities. Criminal or administrative liability is applied to the enterprise and its managers, and disciplinary liability for environmental offenses is applied to employees.

Municipal control is carried out in the entrusted territory by local self-government bodies in the manner prescribed by law, in accordance with regulatory legal acts.

Legal liability

Types of liability for environmental offenses: disciplinary, administrative or material, as well as in the case of crimes - criminal. Bringing to any of the types of such liability does not exempt the subject from compensation for harm and other types of monetary penalties and compensation.

The subjects brought to criminal, disciplinary and material liability may be only natural persons. Whereas administrative liability for environmental offenses, as well as civil law, comes for individuals and legal entities.

According to the current legislation, persons who have reached the age of 16 can be held liable. Under civil law, minors have limited liability from the age of 15 to the age of 18. And on the onset of adulthood - full.

Criminal liability for environmental offenses occurs in the case of a completed crime and cannot be awarded for an attempt to commit or prepare it, as well as an attempt to commit a crime if it has not been completed.

List of crimes

In accordance with the Criminal Code, the following environmental crimes are subject to punishment:

• Violation of the rules for the safe use of microbiological agents or toxins that have caused harm to human health, the spread of various epidemics, as well as serious consequences, including the death of a person.
• Deviation from the norms of conducting veterinary activities, which entailed the spread of epizootics or other serious consequences that are in the nature of an epidemic and cover entire livestock in large territorial areas.
• Violation of the rules established in the protection of fish stocks, resulting in the mass death of a population of fish or other aquatic creatures, as well as a significant destruction of their food stocks.
• Destruction of habitats of animals and organisms that are listed in the Red Book.
• Violation of the established regime of territories or objects under protection, and causing significant damage to these natural resources.
• Violation of the established rules as a result of the implementation of production activities or the performance of other works that entailed a change in the radiation level and damage to human health or to the mass destruction of populations of animals and other organisms.
• Violation of the methods and rules of storage, disposal of harmful compounds and wastes that can pose a threat to people or the natural environment and entail pollution and poisoning that has caused harm to human health or led to the mass destruction of animals. And also if they were committed in areas with an environmental emergency or disaster and caused the death of a person or mass epidemics.
• Pollution of water resources, resulting in damage to fish stocks, flora and fauna, as well as nearby forest or economic lands, especially if human health has been harmed or death has occurred.

• Pollution of the atmosphere by the release of toxic substances into the air, which entailed serious consequences.
• Damage to the land, which caused significant damage to natural resources, animals and people living in these territories.
• Violation of the established rules for the protection and use of the bowels of the earth, including illegal mining of minerals or violation of the rules for their use or construction, causing irreversible damage to the environment.
• Illegal hunting aimed at causing major damage or extermination of populations of animals, birds, as well as carried out on the territory of nature reserves or wildlife sanctuaries.
• Illegal felling of trees and shrubs that has led to the extinction or threat of extinction of certain species.
• Destruction of forest plantations and massifs as a result of the careless use of fire.

The onset of administrative responsibility

Administrative liability for environmental offenses occurs in accordance with the commission of illegal actions intentionally or through negligence.

Violators of administrative proceedings are punished in the form of a fine, warnings, confiscation, seizure of tools and deprivation of special rights of individuals to carry out a certain type of activity in connection with which the damage was caused.

The list of violations fully complies with criminal offenses with the difference that administrative environmental offenses did not harm human health or did not lead to the destruction of plant and animal resources, but, nevertheless, caused significant damage or were aimed at achieving certain criminal offenses, but have not been fully implemented.

Environmental assessment

To identify and establish violations and crimes, an environmental expertise is created, which is aimed at preventing and identifying adverse environmental impacts. Legal liability for environmental offenses arises based on the results of its implementation.

State expertise can only be carried out by the federal executive branch. All types of urban planning documentation for various projects, regardless of their purpose and application, must undergo a mandatory environmental review, in accordance with the paragraphs of the federal law "On Environmental Review". In case of discrepancies, legal liability for environmental offenses arises.

The environmental assessment is based on the following principles:

• Identification of potential environmental hazards for the natural environment from any planned economic and other activities.
• Obligation to conduct an examination before the start of decision-making on the construction and implementation of the project to which it is directed.
• The complexity of assessing the interactions or the resulting consequences for nature from economic or other activities.
• Obligation to take into account the requirements provided during the environmental impact assessment and their implementation.
• Reliability and completeness of the information provided.
• Independence of expert opinion of ecological expertise.
• The scientific accuracy and validity of the conclusions drawn and the legality of the opinions provided based on the results of the environmental impact assessment.
• publicity of the results.
• Bearing responsibility by the participants of the examination for its organization and high-quality execution.

Legal liability for environmental offenses may arise as a result of an expert opinion when violations of existing norms and rules are revealed. Depending on what kind of violations were committed, the method and type of liability awarded is determined.

Disciplinary liability for environmental offenses is provided for in the form of a severe reprimand, remarks in a personal file. As well as the dismissal of an official or employee of the organization.

The issues of preserving the environment, as well as flora and fauna, should become the concern not only of regulatory authorities, but also of each person individually. This is especially true of economic facilities and enterprises operating in the entrusted territories. Caring for the environment is not limited to caring for your own backyard. While carrying out our professional activities, we should never forget that by preserving the environment, we give the future to our children.