国际法规定的生态灭绝刑事责任

O. Brynzanska
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引用次数: 0

摘要

目的。本文旨在确定生态灭绝在国际法中作为 "国际犯罪 "或 "国际性质犯罪 "的法律性质。方法包括一般科学辩证法以及其他科学知识方法:功能法、系统结构法和比较法。研究结果结论:国际法中没有将生态灭绝作为武装冲突之外的国际犯罪或国际性质的犯罪(跨国犯罪)来规定,这是因为许多国家的国内立法对生态灭绝的刑事责任规定有限。已经确定,如果通过《国际刑事法院规约》的相关修正案,生态灭绝有可能被认定为严格意义上的国际犯罪;如果通过一项多边国际条约作为普遍法律标准,生态灭绝有可能被认定为国际性质的犯罪。会议认为,在国际组织(欧洲委员会)和经济与政治联盟(欧盟)的成员资格框架内,建立包括生态灭绝在内的环境刑事犯罪的责任标准,是对国家立法产生影响的一个单独的政治和法律工具。已确定的是,迄今为止,国际法中生态灭绝概念的发展正处于发展阶段,它是一种以对自然环境造成 "严重"、"长期 "和 "大范围 "破坏的迹象为特征的行为。独创性。研究了生态灭绝属于国际刑法概念中的国际犯罪/国际性犯罪的法律性质。实际意义。研究结果可用于制定国家刑法政策过程中的教育、法律制定和执法活动。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Criminal liability for ecocide under international law
Purpose. The purpose of the article is to determine the legal nature of ecocide in the context of international law as «international crime» or «crime of international nature». Methodology includes the general scientific dialectical method, as well as other methods of scientific knowledge: functional, system-structural, and comparative methods. Results: It was concluded that there is no regulation of ecocide in international law as an international crime outside the context of an armed conflict, which excludes international legal responsibility for its commission, or a crime of international nature (transnational crime), which is due to the limited establishment of criminal responsibility for ecocide in the national legislation of many states. It has been established that ecocide can potentially be recognized as an international crime stricto sensu if the adoption of relevant amendments to the Statute of the International Criminal Court will be, and as a crime of an international nature if the adoption of a multilateral international treaty as universal legal standard will be. It was determined that a separate political and legal instrument of influence on national legislation is the establishment of standards of responsibility for environmental criminal offenses, including ecocide, within the framework of membership in international organizations (Council of Europe) and economic and political unions (EU). It was established that until now the development of the concept of ecocide in international law as an act characterized by signs of "seriousness", "long-term" and "wide-spread" damage to the natural environment is at the stage of development. Originality. The legal nature of ecocide in the context of its belonging to an international crime / a crime of an international character as concepts of international criminal law is studied. Practical significance. The results of the study can be used in educational, law-making and law-enforcement activities in the course of developing the state criminal law policy.
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