Zеlensky S.N., Solovyeva N.A. Criminal Procedure Measures to Prevent the Violation of the Principle of Justice While Ensuring the Environmental Saf

DOI: https://doi.org/10.15688/lc.jvolsu.2017.4.21

Sergey N. Zеlensky, Candidate of Juridical Sciences, Associate Professor, Department of Branch Law, Kirovograd State Pedagogical University, Shevchenka St., 1, 25006 Kropivnitsky, Ukraine,  This email address is being protected from spambots. You need JavaScript enabled to view it.  

Natalya A. Solovyeva, Candidate of Juridical Sciences, Associate Professor, Head of the Department of Criminal Procedure and Criminalistics, 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.

Introduction: the article is devoted to the study of the principle of justice in the criminal procedure. This principle is considered as a guarantee of the human right to safe living conditions in the environment. The purpose of the study is to establish the pr ocedur al cr imin al measur es to prevent the violation of th e pr in ciple of justice an d to justify the n ecessity of their legislative regulation in the crimin a l procedure legislation. Methods: the methodological framework for this research is the methods of scientific knowledge, system analysis, synthesis, and the comparative law method. Results: in the context of the ongoing military conflicts, the growth of the number of crimes against the peace and security of mankind, or of a terroristic nature, the criminal offenses, whose object of encroachment is the natural environment, are among the most socially dangerous acts. The citizens have the right to live in a safe, habitable environment. So the application of criminal procedure measures and methods of iden tifying imminent crimes against the ecological security, investigation and justice in cases of their commission can be considered fair. Conclusions: the natural environment being the object of criminal offences requires protection in criminal proceedings. The justice supported by the state, is impossible without the legal regulation of preventing such criminal offences. In criminal pr oceedings the state bodies and their officials shall identify and r emedy the causes and conditions conducive to the commission of criminal offences, which sometimes have irrepar able consequences for human health or the environment. The relevance of such activities of criminal procedural coercive measures, workforce and means used to preven t the acts that violate the balance in the natu re and the society, wh ose object of encroachment is the environment which is safe for the h uman h abitation environment, is undeniable.

Key words: principle of justice, criminal proceedings, nature, society, environmental safety, prevention.

Download this file (1_Zеlensky_Solovyeva.pdf) 1_Zеlensky_Solovyeva.pdf
URL: https://j.jvolsu.com/index.php/en/component/attachments/download/1751