多人环境犯罪定性的复杂问题

R. Zabavko, A. E. Kukovyakin
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引用次数: 0

摘要

对环境犯罪共同行为人的法律认定涉及环境犯罪资格认定的复杂问题进行了研究。已经确定的是,对共犯进行法律评估的问题实际上在评估犯罪者的特别不法性方面造成困难,因为犯罪者通常试图通过表示不知道其共犯行为的非法性来掩盖其罪行的存在。提出了对俄罗斯联邦最高法院全体会议的指导性决议进行修正和补充的建议,这可以从质量上改进对确保环境和自然资源安全的公共关系的保护。报告指出,对非法狩猎共犯的法律评估存在重大困难,因为非法狩猎共犯的共同执行人通过分配对狩猎资源的搜查、跟踪、追求、提取、初级加工和运输的责任,往往掩盖其真实意图,逃避责任。同时,也注意到过度的压抑,暗示在非法狩猎的情况下客观归责,这是不可接受的。另外,还讨论了过失环境犯罪的共同犯问题。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Complex Questions of Qualification of Environmental Crimes Committed by Several Persons
The complex issues of qualification of environmental crimes related to the legal assessment of persons who jointly commit environmental crimes are considered. It has been established that the issues of legal assessment of accomplices in practice cause difficulties in connection with the assessment of the special wrongfulness of the perpetrators, who, as a rule, seek to hide the presence of guilt by indicating ignorance of the illegality of the actions of their accomplices. Recommendations are given for introducing amendments and additions to the guiding resolutions of the Plenum of the Supreme Court of the Russian Federation, which can qualitatively improve the protection of public relations that ensure the safety of the environment and natural resources. It is noted that significant difficulties are associated with the legal assessment of accomplices of illegal hunting, the co-executors of which, by distributing responsibilities for the search, tracking, pursuit, extraction, primary processing and transportation of hunting resources, often hide their true intentions and evade responsibility. At the same time, excessive repressiveness is also noted, suggesting objective imputation in case of illegal hunting, which is unacceptable. Separately, the issues of joint co-infliction in the commission of careless environmental crimes are considered.
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