Criminal liability for criminal air pollution: current problems and solutions

Abstract

The subject of the present research is the mechanism of criminal law protection of atmospheric air from negative anthropogenic impact on it. The purpose of the research is to identify and update the shortcomings of Article 251 of the Criminal Code of the Russian Federation, which establishes criminal liability for criminal air pollution, as well as to propose ways to eliminate them. The methodological basis of the research is the formal legal method, the method of content analysis, as well as methods of induction and deduction. In the study of Article 251 of the Criminal Code of the Russian Federation, the content analysis method was used. The formal legal method is applied in the analysis of such concepts as "air pollution", "other changes of the natural property of air". Based on the deduction method, legally significant signs of criminal pollution of the atmosphere are determined. Using the inductive method, the research of the level of danger of anthropogenic impact on the atmosphere was managed. As a result of the research, the difficulties of law enforcement practice of Article 251 of the Criminal Code of the Russian Federation are revealed, ways of overcoming them are determined. The problems of distinguishing between criminal air pollution and an administratively punishable offense provided for in Article 8.21 of the Code of Administrative Offences of the Russian Federation, the absence of clarification in the Criminal Code, as well as by the Plenum of the Supreme Court of the Russian Federation of the concept of "other change in the natural properties of the air", the absence of terminological unity of the Criminal Code of the Russian Federation and the relevant legislation, special attention is paid to the consideration of the subjective side of the crime, and also the contradictory approach of legislators, to identify qualifying signs of criminal pollution of the atmosphere.