环境犯罪的财产责任特征

V. D. Kravets
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引用次数: 0

摘要

可持续发展的主要因素之一是保护环境和自然资源,如果没有一个运作良好的防止环境违法行为和消除其后果的制度,这是不可能的。在这一制度中,责任制度占有特殊的地位。分析了环境犯罪财产责任的特点,确立了环境犯罪财产责任与民事责任的关系。作为所考虑的责任的特点,其“过度赔偿性质”突出,以及以支付货币赔偿和实物损害赔偿的形式使犯罪者承担“双重”责任的可能性。环境违法行为所侵犯的利益的性质,以及克服与确定对环境造成的损害程度的问题有关的执法费用的必要性,都可以解释这些特点。通过分析,我们可以得出结论:环境犯罪的财产责任虽然具有一定的特殊性,但却符合民事责任的性质和特征,这使得我们可以将民法发展起来的原则和机制适用于环境犯罪。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Features of property liability for environmental offenses
One of the main factors of sustainable development is the preservation of the environment and natural resources, which is impossible without a well-functioning system for preventing environmental offenses and eliminating their consequences. In this system, a special place belongs to the institution of responsibility. The work is devoted to the analysis of the features of property liability for environmental offenses, the establishment of its relationship with civil liability. As features of the responsibility under consideration, its “overcompensation nature” is highlighted, as well as the possibility of bringing the offender to “double” responsibility in the form of payment of monetary compensation and compensation for harm in kind. These features are explained by the nature of the benefits encroached upon by an environmental offense, as well as the need to overcome the costs of law enforcement associated with the problems of determining the amount of harm caused to the environment.The analysis allows us to conclude that property liability for environmental offenses, which has a number of specific features, nevertheless corresponds to the nature and features of civil liability, which allows us to apply to it the principles and mechanisms developed by civil law.
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