Yakovleva O.A., Chuykin D.A. Issues on the Elimination of Crime Pollution of Atmosphere from Offenses and Other Criminal Compositions
DOI: https://doi.org/10.15688/lc.jvolsu.2017.2.8
Olga A. Yakovleva, Candidate of Juridical Sciences, Associate Professor, Department of Criminal Law, Volgograd State University, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , This email address is being protected from spambots. You need JavaScript enabled to view it.
Daniil A. Chuykin, Legal Advisor, Centre for Higiene and Epidemiology of the Volgograd Region, Angarskaya St., 13b, 400049 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it.
Introduction: the issue of delimiting criminal acts from administrative offenses and other crimes lies at the centre of law enforcement practice. The delimitation of criminal pollution of the atmosphere from wrongs and criminal acts, including environmental offences is no exception. The goal of the work is to analyze the issues of delimiting criminal acts from administrative offenses and other crimes in the sphere of ecology. Methods: the methodological framework of the research is a set of methods of scientific knowledge, among which the main are the methods of system analysis and synthesis. Results: the work presents a detailed analysis of the objective and subjective features of essential elements of the offence under Art. 251 of the Criminal Code of the Russian Federation; other crimes committed in the sphere of ecology and a number of administrative ecological offenses. On the basis of the analysis it is proved that criminal pollution of the atmosphere is delimited from administrative offenses on the basis of public danger. Conclusions: the delimitation of the criminal pollution of the atmosphere from administrative offenses is primarily done on the basis of the social danger which includes the qualitative and quantitative criteria (object of legal protection, extent and significance of the harm done, form of guilt); the delimitation of criminal pollution of the atmosphere from other crime components is done by the object of legal protection (generic and specific object; different understanding of the category “atmospheric air” as applied to the articles of the Criminal Code of the Russian Federation), the signs of the objective side (deeds and consequences), by the form of guilt.
Key words: air pollution, administrative offenses, environmental crimes, sabotage, ecocide.
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