Other types of liability for environmental offenses
Questions and tasks
1. Criteria for distinguishing environmental crimes from other elements of crimes provided for by the Criminal Code of the Russian Federation.
2. Features of the legal responsibility of heads of administrations.
3.Features of the legal liability of officials, entrepreneurs.
Task 1. When developing the section “Environmental crimes” of the Criminal Code of the Russian Federation, one of the scientific institutions in Moscow proposed the following offenses: violation of environmental safety rules that entailed serious consequences; air and water pollution, land pollution; unauthorized seizure and use of land; illegal fishing and illegal hunting; violation of veterinary rules that caused animal disease; unauthorized development of mineral resources and non-delivery of gold to the state; violation of the rules for keeping animals; animal cruelty resulting in serious consequences; violation of legislation on the use and protection of natural resources of the continental shelf.
Which of the elements of crime is not classified as environmental? What is the criterion for distinguishing between environmental crimes and related crimes?
Task 2. For a number of years, the DRSU of the state enterprise Nizhegorodavtodor has been polluting water sources, water supply lines and terrain with untreated and untreated production waste. Harmful substances, having seeped through the soil, polluted an artesian well – a source of water supply for the nearby Yubileinoye gardening association. As a result, fruit and berry plantations died, 24 birch trees were damaged to the point of cessation of growth, and water supply lines were damaged.
The prosecutor raised the issue of bringing the guilty officials to criminal responsibility and filed a claim for the recovery of 53 million rubles. for damage caused to the property of gardeners.
Solve the case.
Task 3. A criminal case was initiated in the environmental prosecutor’s office under Art. 246 of the Criminal Code in relation to the Deputy Director for Production of the State Unitary Enterprise “Repair and Maintenance of Roads”. He was charged with the fact that, without the permission of specially authorized bodies in the field of environmental protection, he organized a dump of uncleaned and not neutralized snow in the second zone of the sanitary protection zone of a water supply source, which led to a change in the sanitary and epidemiological situation, as a result of which mass disease of people became possible.
The defendant defended the opinion that the actions of the defendant did not entail serious consequences.
What is meant by “serious consequences”? What is the importance of jurisprudence for the solution of this case?
Legislative and other normative legal acts
Main legislative acts
1. The Criminal Code of the Russian Federation [Text]: [adopted by the State. Duma on May 24, 1996: approved by the Federation Council on June 5, 1996, No. 63-FZ]: official. text: as of April 10, 2011 – M.: OMEGA – L, 2011.
2. Law of the Russian Federation “On Environmental Protection” [Text]: [adopted by the State. Duma January 5, 2002: approved. Federation Council on January 10, 2002, No. 7 – FZ] // Collection of Legislation of the Russian Federation. – 2002. – No. 2. – Art. 133.
And other regulatory legal acts
1. Labor Code of the Russian Federation [Text]: [adopted by the State. Duma on December 21, 2001: approved by the Federation Council on December 26, 2001, No. 197-FZ]: official. text: as of November 15, 2011 – M.: OMEGA – L, 2011.
1. Decree of the Plenum of the Supreme Court of the Russian Federation No. 14 of November 5, 1998 “On the practice of applying by courts of legislation on liability for environmental offenses” // Bulletin of the Supreme Court of the Russian Federation. – 1999. – No. 1.
Compensation for damage caused by an environmental offense
Questions and tasks
1. Features of economic and environmental damage caused to the environment.
2. The mechanism of compensation for harm to the environment.
3.Legal forms of compensation for environmental damage.
4. Claims for the termination of environmentally harmful activities.
5. Forms of compensation for harm to human health from the adverse effects of the environment.
Task 1 . The State Hunting Inspectorate filed a lawsuit in the arbitration court against the power transmission line management (TL) for the recovery of damage caused by the death of steppe eagles listed in the Red Book from high voltage current.
The defendant did not recognize the claim, explaining that in treeless areas, power transmission towers are often used by birds for recreation. Large birds, in particular the steppe eagles, die from contact with high voltage wires. The defendant believes that due to the absence of his direct fault in causing damage, the claim is not subject to satisfaction.
What decision will the arbitral tribunal make?
Task 2 . According to long-term observations, the yield of agricultural crops on the land of agricultural organizations and farms located in the zone of the metallurgical plant’s emissions is 25% lower than in other farms in the area.
Based on these data, the local administration made a decision to limit the environmentally harmful activities of the plant (to close the site of the foundry). The plant refused to comply with this decision, explaining that it emits harmful substances into the atmosphere within the limits set for it by the environmental protection authorities.
What measures to protect the interests of nature users are provided for by law?
Task 3 . The Association of Fruit and Vegetable Farms filed a lawsuit in the arbitration court against the Elektrokabel plant, in which it asked the court to recover 10 million rubles from the defendant. damage caused to the economy as a result of emissions of harmful substances into the atmosphere in excess of the established limit.
The defendant did not recognize the claim, noting that, according to Art. 16 of the Federal Law “On Environmental Protection”, he has already paid to the environmental fund the payments established for him for excess emissions.
Give a legal assessment of the current situation.
Did the arbitral tribunal justifiably dismiss the claim?
Task 4. As a result of pollution of the waters of the river. Ufa wastewater from a local chemical plant caused harm to the health of more than one thousand residents for a total amount of about 450 million rubles.
How to recover this amount from the tortfeasor and distribute it among the injured citizens?
Task 5 . By decision of the administration of the Tomsk region, three districts were recognized as zones of environmental risk.
What are the criteria for environmental risk zones in terms of assessing human health?
What is the compensation for harm to persons living in the territory of these zones?
Task 6. As a result of testing chemical weapons in 1982 at a test site located near the village of Shikhany, Saratov Region, the level of morbidity among the population increased sharply. Due to the fact that the local population was not provided with information about subsequent tests, cases of characteristic diseases were noted in residents of a nearby village on the very day they were carried out at the test site. With the help of Ecoyuris lawyers, a claim was prepared to compensate the population for moral damage caused as a result of the tests in 1982.
Solve the case.
Task 7 . Khatanga District Court of the Krasnoyarsk Territory under Part 2 of Art. 258 of the Criminal Code, a full-time hunter Yegorychev was convicted for illegally shooting four wild reindeer. In legal proceedings, a claim was filed for compensation for damage caused by the death of deer. The court found that four more people who did not have hunting tickets and licenses participated in the shooting.
What liability will be borne by the persons who jointly caused harm: joint and several or shared?
Prepare the operative part of the verdict in this case.