ADM responsibility for environmental offenses. Administrative environmental offenses

Taking into account the said environmental offense, it is possible to determine as an unlawful, as a rule, the guilty act (action or inaction), carried out by a truthful entity, causing or carrying a real threat to the causation of environmental harm or violates the rights and legitimate interests of environmental law entities.

Given the degree of public danger, environmental offenses are divided into misconduct and crime. The first is less socially dangerous acts compared with the second and are disciplinary, material, administrative and civil offenses. In accordance with the species of environmental offenses, disciplinary, material, administrative, criminal and civil liability comes.

In accordance with the general theory of law, the environmental offense in its structure consists of an object, subject, objective and subjective parties.

Object of environmental offense There are public relations on the environment as a whole and its individual components, regulated and protected by law. These relationships in their content relate to ownership of natural resources, environmental management, environmental protection against harmful effects, protecting environmental rights and legitimate interests of a person and citizen.

In the commentary on the Law of the RSFSR "On the Environmental Protection" of the Environmental Environment, the environmental environment is called the environmental offense. Such a judgment seems unconvincing. In the absence of requirements in environmental legislation regarding the regulation of certain public relations on a natural facility, legal responsibility cannot be applied for their violation. Nature, or the environment, acts as a subject of environmental offense.

Subjects of environmental offenses There may be legal, officials and individuals, including foreign legal entities and citizens who committed offenses related to environmental management or environmental protection in Russia or territory located.

The composition of the subjects varies depending on the type of environmental offense. Thus, the subjects of disciplinary responsibility are officials and employees of enterprises, criminal - officials and citizens, administrative - legal entities, officials and citizens.

In accordance with the current legislation, the administrative and criminal liability of individuals for environmental offenses occurs from 16 years of age. In the order of civil proceedings, citizens are limited from 14 to 18 years old, full of 18 years. From this age, the person becomes completely capable. Labor legislation does not establish age restrictions on the use of the disciplinary and material responsibility of persons responsible for environmental offenses in the labor sphere.

For objective side of the environmental offense Characteristic of the presence of three elements:

a) the opposition of behavior;

b) causing or real threat to corrupted environmental damage, or violation of other legitimate rights and interests of environmental laws;

c) the causal relationship between illegal behavior and environmental damage or a real threat to such harm, or violation of other legitimate rights and interests of actors of environmental law.

Subjective side of the environmental offense Characterized by the guilt of the offender (except in cases of the responsibility of the owner of the source of increased danger). Under the fault means the mental attitude of the offender to its unlawful behavior, which can manifest itself in action or inaction. The law provides for two forms of guilt: intent (direct or indirect) and negligence. It is intentionally an environmental offense, in which the violator foresides the offensive of socially harmful consequences of his behavior and wants or deliberately admits them (for example, an entrepreneur relieves toxic waste of its production on the edge of the forest, i.e. not in the place installed for this). Carelessness is two species: self-addiction and negligence. Self-administration takes place when the person who violates the environmental requirement foresides socially harmful effects of its activities, but it is frivolously expects to avoid them. The carelessness manifests itself that the face does not foresee the onset of harmful consequences, although it should have been foreseen. The Civil Code of the Russian Federation introduces the concept of gross negligence. True, we are talking about the coarse negligence of the most victim, who contributed to the emergence or increase of harm, which is taken into account when determining the amount of harm compensation by the offender (Article 1083).

At the same time, in environmental practice, as already noted, an innovable (absolute) responsibility may occur for harm caused by the source of increased danger. Reimbursement of such harm is regulated by Art. 1079 of the Civil Code of the Russian Federation.

Some environmental offenses can be performed with any form of guilt (for example, an offense, the consequences of which are pollution of atmospheric air or waters), others - only with intentional fault (illegal hunting or fishing), third - by negligence (for example, negligent treatment Fire in the forest and violation of the rules of fire safety in the forests).

Administrative responsibility for environmental offenses

This is a type of legal responsibility that is most commonly entitled to environmental management and environmental protection. Administrative responsibility is expressed in applied by the competent authority of the state of administrative recovery measures for the commission of an environmental offense. Adjusted by the RSFSR COAP and environmental legislation. So, in Art. 84 of the RSFSR Law "On Environmental Protection" not only formulates the composition of administrative offenses, but also the subjects of administrative responsibility are determined, as well as the amount of administrative fines that may be superimposed on offenders.

The question of the concentration of legal regulation of administrative responsibility in the CACAP RSFSR is discussed, as is done in criminal liability in the Criminal Code. However, in relation to administrative responsibility, the existing practice is preferable for a number of reasons. The first is associated with the presence of significant gaps in environmental legislation. Not yet decorated in the form of legal, many environmental requirements are both material and procedural. Their regulatory consolidation in the actively developed legislation will require constant amendments and additions to the CACAP RSFSR. The use of such a code will be difficult. The second reason concerns the convenience for environmental law entities, which are addressed by laws in the field of environmental management and environmental protection. From the text of one act, they can learn about environmental requirements that must be observed, and on administrative responsibility, which will be carried in the event of their violation. If the decision to regulate administrative responsibility is made exclusively the Code of Administrative Offenses, then, taking into account the gaps in environmental legislation and the prospects for its development, the composition of administrative offenses should, obviously be formulated in a more general form - for example, violation of environmental impact requirements, violation of environmental certification requirements , violation of the rules for handling production and consumption waste, etc.

In accordance with the law "On Environmental Protection" by entities of administrative responsibility, not only officials and citizens, but also legal entities, which is the innovation of this law. Administrative responsibility applies only in the presence of the guilt of the offender.

In Art.24, the KOAP RSFSR has the following administrative recovery: warning; fine; the compensated seizure of the subject that was a tool to the instrument or direct object of the administrative offense; confiscation of the subject that was a tool to the instrument or direct object of the administrative offense; deprivation of special law granted to this citizen, such as hunting rights; correctional work, administrative arrest.

According to its objective signs, an administrative offense externally similar to the crime. Therefore, the Code of Administrative Offenses As one of the preliminary conditions for the imposition of administrative responsibility provides for the lack of signs of crime in perfect violation. The main features that make it possible to distinguish between the environmental crime and administrative misconduct, are given, as a rule, in the Criminal Code of the Russian Federation. This is the repetition of the environmental offense, the presence of intent and others.

The compositions of environmental offenses, for which administrative responsibility may come, are defined in Art. 84 of the Law "On Environmental Protection", in Art. 125 ZK RSFSR, some other acts of environmental legislation. In the COAP RSFSR, these types of offenses are contained in two chapters: administrative offenses affecting socialist ownership (ch. 6) and administrative offenses in the field of environmental protection, historical and cultural monuments (ch. 7). In accordance with the code, administrative liability is applied for:

violation of the right of state ownership for subsoil (Art. 46); on water (art. 47); on the forest (Art. 48); on the animal world (Art. 48 1);
unauthorized mining of amber (Art. 46 1);
mismanagement of lands (art. 50);
damage to agricultural and other lands (Art. 51);
untimely refund of temporarily occupied lands or unpaid them to a state suitable for use (Article 52);
unauthorized digression from projects of internal economic land management (Art. 53);
destruction of flight signs (Art. 54);
violation of the requirements for the protection of subsoil and hydromineral resources (Art.55);
violation of the rules and requirements of work on geological study of subsoil (Article 56);
illegal issuance of a license (permission), as well as an arbitrary change in the conditions of the license issued (permit) to carry out activities on the continental shelf of the Russian Federation (Art. 56 1);
violation of existing standards (rules, rules) or license conditions regulating the permitted activities on the continental shelf of the Russian Federation (Art. 56 2);
violation of the rules for resource or maritime research on the continental shelf of the Russian Federation (art. 56 3);
violation of the rules for the protection of water resources (Art. 57);
violation of the rules of disposal of waste and other materials on the continental shelf of the Russian Federation (Art. 57 1);
failure to comply with the responsibilities for registration in ship documents with harmful substances and mixtures (Art. 58);
violation of the rules of water use (Art. 59);
damage to water management and devices, violation of the rules of their operation (Article 60);
illegal use of land of the State Forestry (Article 61);
violation of the established procedure for the use of a forest fund, billets and exports of wood, billets of Zhvitsa (Article.62);
illegal marquars and damage to trees and shrubs, destruction and damage to forest crops and young (Article 63);
destruction or damage to the teenager in the forests (Art. 64);
forest use is not in accordance with the objectives or requirements provided for in the lumberjack ticket (Order) or the Forest Bile (Article 65);
violation of the rules for restoring and improving forests, the use of ripe wood resources (Article 66);
damage to hayfields and pasture land on the lands of the State Forest Foundation (Art. 67);
unauthorized sealing and pasta of livestock, self-assets collection of wild fruits, nuts, mushrooms, berries (Art. 68);
collection of wild-growing fruits, nuts and berries with a violation of the established deadlines (Art. 69);
commissioning of production facilities without devices preventing the harmful effects on the forests (Article 70);
forest damage by wastewater, chemicals, harmful emissions, waste and garbage (Article 71);
forest clogging by household waste and garbage (Article 72);
destruction or damage to forest-lifting ditches, drainage systems and roads on the lands of the State Forest Foundation (Art. 73);
destruction useful for Fauna Forest (Art. 75);
violation of fire safety requirements in forests (Art. 76);
emissions of pollutants into the atmosphere with exceeding standards or without permission and harmful physical effects on the atmospheric air (art. 77);
commissioning of enterprises without compliance with the requirements for the protection of atmospheric air (Article 78);
violation of the rules of operation, as well as non-use of equipment for cleaning emissions into the atmosphere (Article 79);
the commissioning of transport and other mobile resources with exceeding the standards for the content of pollutants in emissions (Article 80);
operation of automotive and other mobile means with exceeding the standards for the content of pollutants in emissions (Article 81);
non-compliance with the requirements for the protection of atmospheric air during the storage and combustion of industrial and household waste (Article 82);
violation of the rules for transporting, storing and applying plant protection tools and other drugs, which caused or can entail the contamination of atmospheric air (Article 83);
failure to comply with the prescriptions of organs carrying out control over the protection of atmospheric air (Art. 84);
violation of the rules for transportation, storage and application of plant protection products and other drugs caused damage to the animal world (Article 84 1);
violation of the rules for the protection of animal habitats, the rules for creating zoological collections and trade, as well as unauthorized resettlement, acclimatization and crossing of animals (art. 84 2);
violation of the procedure for using the use of the animal world, as well as the illegal importation of animals or plants recognized by damage to preservation of animal species listed in the Red Book (Article 84 3);
the destruction of rare and threatened animal disappearances or performing other actions that can lead to death, reduction in the number or disruption of the habitat of such animals (Article 84 4);
failure to fulfill the legitimate requirements of officials of the protection of the continental shelf of the Russian Federation (Art. 84 5);
illegal transmission of mineral and living resources of the continental shelf of the Russian Federation (Art. 84 6);
violation of the rules of hunting and fisheries, as well as rules for the implementation of other use of the animal world (Art. 85);
violation of the whaling rules (Art. 86).

In the Administrative Office of the RSFSR, authorities and officials are also defined, authorized to consider the relevant cases (GL.15), and the subordination of such cases (GL.16). Cases on environmental offenses are considered mainly by the courts (judges), internal affairs bodies, government inspection bodies and other bodies (officials) authorized on the legislative acts of the Russian Federation.

So, according to Art. 202 COAP RSFSR judges see cases on environmental offenses provided for by Art. 46 1, 49, 49 1, 56 1 -56 3, 57 1, 84 5, 84 6 Codex.

State mining supervisory authorities in accordance with Art. 211 COAP RSFSR consider cases on administrative offenses envisaged by Art. 46, 55, 56 (for violations performed in the development of mineral development), Art. 56 2.

Bodies and institutions exercising state sanitary supervision are considering cases of administrative offenses provided for by Art. 77-83 (violations of sanitary and hygienic rules and norms on the protection of atmospheric air) and Art. 84 (failure to comply with the prescriptions of bodies implementing state sanitary supervision).

The issues of concreteness of cases about environmental offenses are decided in the Administrative Office in the Administrative Office, without fully accounting the place of specially authorized bodies in the State Environmental Management and Environmental Protection. Thus, the State Committee for the Russian Federation, which is entrusted with the implementation of state environmental control, in accordance with Art. 219 2 Code has the right to consider only cases on administrative offenses provided for by Art. 56 1, 56 2, 57 1 and 84 5, i.e. associated with the protection of mineral and living resources of the continental shelf of the Russian Federation.

One of the most common measures of administrative responsibility for environmental offenses is fine. The specific size of the imposed fine depends not only on the nature and species of the perfect offense, the degree of guilt of the offender and the damage caused, but is also determined by the authority provided to the relevant authority imposing a fine.

The decision on the imposition of a fine (as well as any other decision on administrative recovery) can be appealed to the court or arbitration court.

The law "On the Protection of the Environmental Environment" emphasizes: attracting responsibility in the form of a fine, independent of its sum, does not exempt the guilty person from the obligation to compensation for harm caused. This is explained by the fact that the fine, although wears material nature, is a measure of punishment, and not compensation for harm; The amounts of the fine are not injured for harm to compensation, but are sent in accordance with the law on special accounts of extrabudgetary environmental funds.

43. In the Criminal Code of the Russian Federation, it is true that its task along with the protection of human rights and freedoms and citizen, property and public order is environmental protection.

The state of human health largely depends on the purity of water, air, the quality of the products with which it feeds, and, accordingly, from the purity of the soil. Information about how many people in Russia dies in connection with the impact on the health of adverse environmental factors, did not meet. However, it is known that the life expectancy of men in Russia in the last 25 years has decreased from 71 to 57 years, including due to the degradation of nature.

All the compositions of the crime formulated in the current Criminal Code, from the point of view of the functions relating to environmental management and environmental protection, can be divided into three categories: special ecological compositions, adjacent, additional.

Special ecological formulations Formulated in a separate chapter "Environmental crimes" (ch. 26). It is placed in section. IX "Crimes against public security and public order" and contains the following compositions:

violation of environmental protection rules in the work of work (Art. 246);
violation of the rules for the treatment of environmentally hazardous substances and waste (Article 247);
violation of safety rules when handling microbiological or other biological agents or toxins (Article 248);
violation of veterinary rules and rules established to combat diseases and pests of plants (art. 249);
water pollution (art. 250);
pollution of the atmosphere (Art. 251);

Marine pollution (Art. 252);

violation of the legislation of the Russian Federation on the continental shelf and about the exclusive economic zone of the Russian Federation (Art. 253);
damage to the Earth (Art. 254);
violation of the rules for the protection and use of subsoil (Art. 255);
illegal extraction of aquatic animals and plants (Art. 256);
violation of the rules for the protection of fish stocks (Art. 257);
illegal hunting (art. 258);
the destruction of critical habitats for organisms listed in the Red Book of the Russian Federation (Article 259);
illegal rin of trees and shrubs (Art. 260);
destruction or damage to forests (Art. 261);
violation of the regime of specially protected natural territories and natural objects (Art. 262).

Special ecological compositions include a number of compositions formulated in the articles contained in other chapters of the Code:

violation of the safety rules of nuclear energy (Article 215);
concealing information about the circumstances creating a danger to life or human health (Art. 237);
animal cruel treatment (Art. 245);
ecoCide (Art. 358).

These compounds in their content are undoubtedly environmental. Taking into account the object of environmental crimes, two types of crimes encouraging on:

a) Ecological law and order as a whole. The object of such encroachments are public relations about the environment as an integrated object of legal regulation of use and protection. It is important to emphasize that in the former Criminal Code of the RSFSR did not provide for the compositions that reflect the encroachment on nature as a whole. According to the new Criminal Code of the Russian Federation, the compositions are formulated in Art. 247- 249.259, 262, 215, 237, 358;

b) the procedure for the use and protection of individual natural resources. These are crimes provided for by Art. 245, 250-258, 260--261 of the Criminal Code of the Russian Federation.

Related crimes In the field of environmental management and environmental protection, one of them should be considered that perform environmental functions only under certain circumstances of objective order: refusal to provide a citizen of information (Article 140); Registration of illegal transactions with land (Art. 170); terrorism (art. 205); violation of security rules when making mountain, construction or other works (Art. 216); violation of safety rules at explosive objects (Art. 217); violation of the rules of accounting, storage, transportation and use of explosive, flammable substances and pyrotechnic products (Article 218); violation of fire safety rules (Art. 219); illegal treatment of radioactive materials (Art. 220); theft or extortion of radioactive materials (Art. 221); illegal circulation of potent or toxic substances for sales (Article 234); violation of sanitary and epidemiological rules (Art. 236); Violation of security rules in the construction, operation or repair of main pipelines (Art. 269); planning, preparation, disconnection or maintenance of an aggressive war (Art. 353); production or distribution of weapons of mass lesion (Art. 355); The use of prohibited funds and methods of warfare (Art. 356). These compositions acquire an environmental significance only when the rules of environmental management are violated as a result of unimaginal actions and harm the environment.

Some formulations, not by nature, environmental, under certain circumstances can also be used to protect environmental purposes. TO additionalthere should be a number of crimes against state authorities, the interests of civil service and service in local governments: abuse of official powers (Art. 285); Excess official powers (Art. 286); service face (Art. 292); negligence (Art. 293). The crimes envisaged by these articles can be applied directly to those officials who contributed to their actions or inaction caused harm to the environment.

For the commission of environmental crimes of the Criminal Code of the Russian Federation provides for the following types of sentences:

fine. Penalty in the form of a fine is provided for almost all environmental crimes. Its size depends on the nature of the committed crime. The minimum fine size is 200 minimum wages, maximum - up to 700 minimum wages;
deprivation of the right to occupy certain positions or engage in certain activities. Such punishment is provided for many environmental crimes. Sometimes the validity of this punishment is also installed;
mandatory work. They are committed by convicts to free from the main work or studying the time of free socially useful work, the type of which is determined by local government bodies. This type of punishment is provided, in particular, for the destruction or damage to forests (up to 240 hours);
corrective work. At the same time, the state of the state is carried out from its earnings of its earnings to the state of state in the amount established by the court sentence, ranging from 5 to 20%. Such a punishment was established, for example, for violation of veterinary rules and rules established to combat disease and pests of plants (up to 1 year); For the contamination of the atmosphere (up to 2 years); for damaging the earth (up to 2 years); For violation of the regime of specially protected natural territories and natural objects (up to 2 years);
restriction of freedom. It consists in the content of the convicted person who has reached the court of the sentence of an eighteen-year-old age, in a special institution without isolation from society under the exercise of supervision. Such a punishment is provided for damage to the Earth (up to 3 years); the destruction of critical habitats for organisms listed in the Red Book of the Russian Federation (up to 3 years);
arrest. It consists in the content of the convicted in strict isolation from society. It is envisaged for water pollution (up to 3 months); for pollution of the marine environment (up to 4 months);
imprisonment for a certain period. This type of sentence is envisaged for many crimes, including for violation of environmental protection rules in the work of work (up to 5 years); For violation of the rules for the treatment of environmentally hazardous substances and waste (from 3 to 8 years); for violation of safety rules when handling microbiological or other biological agents or toxins (from 2 to 5 years); for water pollution (up to 5 years); for the contamination of the atmosphere (up to 3 years); for damage to the earth (up to 3 years); for the destruction of critical habitats for organisms listed in the Red Book of the Russian Federation (up to 3 years); For the destruction or damage to forests (up to 8 years). The most strict criminal liability is provided for the economy, i.e. Mass destruction of plant and animal world, poisoning of the atmosphere or water resources, as well as the commission of other actions that can cause an ecological catastrophe. This crime is punished with imprisonment for a period of 12 to 20 years.

The subjective side of the compositions of environmental crimes is expressed, as a rule, in the form of indirect intent, when the person is aware of the violation of the relevant rules to them, foresees the possibility of the onset of negative for the state of the environment or human health and consciously admits their offensive or refers to this indifferent. In a number of articles related mainly to pollution of the environment, violation of the rules of treatment of hazardous substances and waste, wines are expressed in the form of negligence.

Evaluating the practice of applying criminal liability for environmental crimes, specialists note its low efficiency. Thus, criminal cases of the most massive and dangerous impairment of water and air pools are 0.96% of the total number of environmental crimes, ground pollution - 0.75%. The number of such cases has decreased in 1996, respectively, by 22 and 32.8%. The norms of responsibility for crimes and other offenses associated with the illegal seizure of natural resources (poaching, the illegal rod of the forest, the illegal development of the subsoil) are applied.

Environmental offenses refer to Russia to the category most common. But at the same time, the latency of environmental crimes reaches 95-99% *.

___________________________

* Pleshakov A.M. Criminal legal struggle with environmental crimes. Author. Dokt. diss. M., 1994. P. 5.

In general, a sharp discrepancy between the number of persons involved in criminal responsibility for environmental crimes, the number of persons convicted of them is characterized. So, in 1995, 8066 criminal cases initiated for 9093 persons were convicted of only 5100 people (56%). In need of a significant improvement in the quality of investigations on environmental crimes. Each 4-5th, it is unreasonably terminated. When prescribing, the courts often allow unreasonable relief to persons who committed dangerous environmental crimes.

According to the Directors of the Research Institution of the Law and Law Enforcement of the Prosecutor's Office of the Russian Federation, "the paradoxical situation has developed in Russia: in the increasing of the environmental crisis, atrophy and the unbalancement of state control and management, with an increase in the number of offenses and abuse, the line for attenuation of judicial and legal response is seen

Compensation of harm (damage) caused by natural resources and the environment

In art. 24 COAP RSFSR The following administrative recovery is established: WARNING; fine; the compensated seizure of the subject that was a tool to the instrument or direct object of the administrative offense; confiscation of the subject that was a tool to the instrument or direct object of the administrative offense; deprivation of special law granted to this citizen, such as hunting rights; correctional work, administrative arrest.

· Violation of the right of state ownership for subsoil (Art. 46); on water (art. 47); on the forest (Art. 48); on the animal world (Art. 48 1);
· Unauthorized mining of amber (Art. 46 1);
· Underherent use of land (art. 50);
· Patch of agricultural and other lands (Art. 51);
· Untimely refund temporarily occupied lands or unpaid them in a state suitable for use (Art. 52);
· Unauthorized digression from projects of internal economic land management (Art. 53);
· Destruction of flight signs (Art. 54);
· Violation of the requirements for the protection of subsoil and hydromineral resources (Art.55);
· Violation of rules and requirements for the geological studies of the subsoil (Article 56);
· Illegal issuance of a license (permit), as well as an arbitrary change in the conditions of the license issued (permit) to carry out activities on the continental shelf of the Russian Federation (Art. 56 1);
· Violation of existing standards (rules, rules) or license conditions regulating permitted activities on the continental shelf of the Russian Federation (Art. 56 2);
· Violation of the rules for resource or maritime scientific research on the continental shelf of the Russian Federation (Art. 56 3);
· Violation of the rules for the protection of water resources (Art. 57);
· Violation of the rules of disposal of waste and other materials on the continental shelf of the Russian Federation (Art. 57 1);
· Failure to register for registration in ship documents with harmful substances and mixtures (Article 58);
· Violation of water use rules (Art. 59);
· Damage to water management and devices, violation of the rules of their operation (Article 60);
· Illegal use of land of the State Forest Foundation (Art. 61);
· Violation of the established procedure for the use of the forest fund, billets and exports of wood, billets of Zhvitsa (Article 62);
· Illegal ringer and damage to trees and shrubs, destruction and damage to forest crops and young (Article 63);
· Destruction or damage to the teenager in the forests (Art. 64);
· Forest use is not in accordance with the objectives or requirements provided for in the lumberjack ticket (Order) or Forest Bile (Article 65);
· Violation of the rules for restoring and improving forests, the use of ripe wood resources (Art. 66);
· Damage to hayfosses and pasture land on the lands of the State Forest Foundation (Art. 67);
· Unauthorized sealing and pasta of livestock, self-assets collection of wild fruits, nuts, mushrooms, berries (Art. 68);
· Collection of wild fruits, nuts and berries with a violation of the deadlines (Article 69);
· Commissioning of production facilities without devices that prevent harmful effects on the forests (Article 70);
· Forest damage by wastewater, chemicals, harmful emissions, waste and garbage (Article 71);
· Forest clogging with household waste and garbage (Art. 72);
· Destruction or damage to forest-lifting ditches, drainage systems and roads on the lands of the State Forest Foundation (Art. 73);
· Destruction useful for Fauna forest (Art. 75);
· Violation of fire safety requirements in the forests (Art. 76);
· Emission of pollutants into the atmosphere with excess of standards or without permission and harmful physical effects on the atmospheric air (Article 77);
· Commissioning of enterprises without compliance with the requirements for the protection of atmospheric air (Article 78);
· Violation of the rules of operation, as well as non-use of equipment for cleaning emissions into the atmosphere (Article 79);
· Commissioning for transport and other mobile resources with exceeding the standards for the content of pollutants in emissions (Article 80);
· Operation of automotive and other mobile resources with exceeding the standards for the content of pollutants in emissions (Article 81);
· Failure to comply with the requirements for the protection of atmospheric air during the storage and combustion of industrial and household waste (Article 82);
· Violation of the transportation rules, storage and application of plant protection and other drugs, which caused or can entail the contamination of atmospheric air (Art. 83);
· Failure for the prescriptions of organs carrying out control over the protection of atmospheric air (Art. 84);
· Violation of the rules for transportation, storage and application of plant protection tools and other drugs caused damage to the animal world (Art. 84 1);
· Violation of the rules for the protection of animal habitats, rules for creating zoological collections and trade, as well as unauthorized resettlement, acclimatization and crossing of animals (art. 84 2);
· Violation of the procedure for using the use of the animal world, as well as the illegal importation of animals or plants recognized by damage to the preservation of animal species listed in the Red Book (Article 84 3);
· Destruction of rare and threatened animal disappearances or other actions that can lead to death, reduction in the number or disruption of the habitat of such animals (Article 84 4);
· Failure to fulfill the legitimate requirements of officials of the protection of the continental shelf of the Russian Federation (Art. 84 5);
· Illegal transfer of mineral and living resources of the continental shelf of the Russian Federation (art. 84 6);
· Violation of the rules of hunting and fisheries, as well as rules for the implementation of other use of the animal world (Art. 85);
· Violation of the whaling rules (Art. 86).

So, according to Art. 202 COAP RSFSR judges see cases on environmental offenses provided for by Art. 46 1, 49, 49 1, 56 1 -56 3, 57 1, 84 5, 84 6 Codex.

The decision on the imposition of a fine (as well as any other decision on administrative recovery) can be appealed to the court or arbitration court.

The Law "On Environmental Protection" emphasizes: Attracting the liability in the form of a fine, regardless of its amount, does not exempt the guilty person from the obligation to compensation for damaged harm. This is explained by the fact that the fine, although wears material nature, is a measure of punishment, and not compensation for harm; The amounts of the fine are not injured for harm to compensation, but are sent in accordance with the law on special accounts of extrabudgetary environmental funds.

Administrative responsibility for environmental offenses is applied by the competent authority of the state executive power, an official of the relevant state authority or the court.

It can be assigned both on physical and legal entities. The list of administrative environmental offenses is given in Art. 84 The Law on Environmental Protection, the sectoral environmental legislation and the Codex of the RSFSR on administrative offenses, where they are mainly grouped in the chapter "Administrative offenses in the field of environmental protection, historical and cultural monuments".

In its aggregate, administrative and punishable environmental disorders by type are eleven groups:

pollution of the environment;

exceeding extremely permissible biological, radiation, physical and other harmful effects;

violation of environmental requirements for planning, feasibility study, placement, construction, reconstruction and commissioning, operation of enterprises, structures and other objects;

non-compliance with environmental requirements when storing, processing, destruction, disposal of industrial and household waste, radioactive, chemical and other harmful substances;

violation of the rules for transportation, storage, the use of chemicals;

violation of the established procedure for the extraction, collection, billets, sales, acquisition, import and export abroad of objects of animal and vegetable world, natural raw materials, botanical, zoological and mineralogical collections;

damage, damage, destruction of environmental territories and complexes, as well as natural environmental systems;

failure to fulfill compulsory measures to restore the environment and reproduction of natural resources;

failure to comply with the requirements of the state environmental impact assessment and the prescriptions of special state environmental control bodies;

illegal spending of budgetary funds of state environmental funds on targets not related to the protection of the natural environment;

violation of the rules for the protection of natural protected objects and specially protected territories.

For the commission of environmental administrative offenses can be applied: warning, penalty, confiscation of instruments of the offense; deprivation of special rights (hunting, fisheries, vehicle management); Compensated seizure of the subject that was an entertainment to the instrument.

Administrative recovery are divided into basic and additional. The main are those who conclude the main punish-educational and preventive function and cannot be appointed in addition to other types of recovery. Additional perform auxiliary functions in achieving the goals of punishment. The compensated seizure and confiscation of objects can be used both as the main and as additional administrative penalties. Other recovers listed above can only be applied as the main one.

The body considering the case of an administrative offense may appoint as an additional administrative penalty as an additional administrative punishment, which is named in the article of a regulatory act establishing responsibility for a specific administrative offense. For example, as an additional recovery of confiscation is provided in the sanction of Art. 85 CAP RSFSR on liability for violation of the rules of hunting, fisheries and other types of use of the animal world.

The deprivation of hunting and fisheries can not be applied to persons for whom hunting or fishing are the main source of existence in connection with their employment.

Enterprises, institutions, organizations, entrepreneurs - individuals are involved in administrative responsibility for environmental offenses in cases. If the violation is associated with the process of industrial IL of other economic activities.

Officials are subject to responsibility for non-compliance with the requirements of environmental legislation, the provision and execution of which is included in their official responsibilities.

According to the current legislation, only two types of administrative penalties can be applied to officials - a warning and penalty. Since the unlawful behavior of officials due to the functions performed can cause greater harm than the administrative offenses of other persons, the RSFSR Law "On Environmental Protection" is established in relation to officials increased administrative responsibility in the form of a fine of three times to twenty-grade minimum wage established in the Russian Federation.

The sectoral nature of the law provides for other sizes of a fine. So, in Art. 29 of the Law of the Russian Federation "On the Sanitary and Epidemiological Welfare of the Population", it is indicated that administrative penalties in the form of warnings and a fine may be applied to officials and citizens. The penalty is imposed by the Resolution of the Chief State Sanitary Doctor or his deputy in the amount:

On officials - no more than three-month income;

On working citizens - no more than the amount of monthly income;

For non-working citizens - no more than 50 rubles.

Other persons who apply to the operation of disciplinary statutes or special legislation on the passage of service and discipline, in cases directly provided by them, are responsible for committing administrative offenses disciplinary responsibility, and in other cases are administrative on general grounds.

Nesterova I.A. Administrative environmental offenses // Encyclopedia Nester

Every year in the world accumulates problems related to environmental protection. In Russia, the struggle against violations in the field of ecology has become a very important aspect of administrative and other branches of law. In this light, it is of great interest to the question of the application of the norms of the Codex of the Russian Federation on Administrative Offenses (Administrative Code of the Russian Federation) in the field of environmental protection and environmental management.

Environmental offenses and administrative responsibility

In modern Russian law, environmental crimes underlies administrative liability in accordance with the Code of Administrative Code of the Russian Federation.

For administrative environmental offices, chapter 8 of the COAMA of the Russian Federation "Administrative offenses in the field of environmental protection and environmental management" is responsible. It includes 42 articles that unite 70 independent compositions of administrative offenses.

If you carefully study the compositions presented in the Code of Administrative Offenses, then there are questions related to what crimes relate to. Are they related to the field of environmental protection or to the field of environmental management.

Violation of legal norms in the field of ecology leads to environmental offenses. This is another kind of unlawful behavior of people or their associations.

Environmental offense is a guilty, unlawful effect or inaction, an encouraging environmental law and order established in the Russian Federation and harm the environmental environment or a really creating a threat to such an injury.

A distinctive element of the composition of the ecological and administrative offense from the environmental crime is that its entities can be both individuals and legal entities, including economic entities of various forms of ownership and subordination, as well as foreign organizations and citizens.

The current legislation regulates the age of attracting administrative responsibility for environmental crimes.

The age from which the person can be involved in administrative responsibility for environmental offenses, subject to physical health and bemppedion, is 16 years.

Art. 9 of the Russian Federation "On Environmental Protection" reads: "The harm caused by the health and property of citizens with negative impact of the environment as a result of economic and other activities of legal entities and individuals is subject to compensation in full."

Administrative environmental offenses have an objective and subjective side. The subjective side characterizes the mental attitude of an individual to the perfect act and its consequences and has a certain specificity.

D.Yu. Gladyshev characterizes the subjective side of the ecological and legal disorder as the mental attitude of the offender to its illegal behavior, which can manifest itself in action or inaction.

The intent of the administrative environmental offense is intentional or by negligence.

In the process of studying the features of administrative environmental offenses, the difference between the ecological and administrative offense and other types of environmental and legal disorders was established. Differences consist not only in the subject and subjective side, as well as in the level of public danger.

Types of administrative environmental offenses

Administrative responsibility established for violation of the rules for the protection and use of individual natural resources and natural complexes

Types of administrative responsibility for environmental offenses:

responsibility for violation of the rules for the protection and use of land is established for damaging land;
responsibility for violation of the rules for the protection and use of subsoil is provided for violating the requirements for the protection of subsoil and hydromineral resources;
responsibility for violation of the rules for the protection and use of water is settled for violation of the procedure for providing on the use and mode of use of land and forests in water protection zones and coastal stripes of water bodies;
responsibility for violation of the rules for the protection and use of resources of natural complexes is established for violation of regulatory activities in the inner sea waters, in the territorial sea, on the continental shelf and (or) in the exclusive economic zone of the Russian Federation Rules (standards, norms) or license conditions;
responsibility for violation of the regulatory requirements for the protection of atmospheric air is provided for violating the rules for the protection of atmospheric air;
responsibility for violating the rules for the protection and use of forest resources is established for violation of the order of drainage of the cutter, examining the places of logging in forests that are not included in the forest fund, violation of forest management rules, violation of the rules for the implementation of side forest management, violation of fire safety rules in forests;
responsibility for violation of the rules for the protection and use of the animal world is provided for the destruction of animal habitats;
responsibility for violation of requirements in the implementation of works in the field of hydrometeorology, monitoring pollution of the environment and active impacts on hydrometeorological and other geophysical processes.

Interesting is the point of view I.B. Kalinina, who offered the classification presented in the figure below.

According to I.B. Kalinina, "The basis of this classification is a system of public relations arising in the resource use process."

A significant disadvantage of this concept is that relying on such an important object of environmental and legal relations as environmental management, it does not affect such offense objects as the environment as a whole and its individual elements.

For a more complete study of the species of ecological and administrative offenses, it is necessary to proceed from the following classification, dividing administrative environmental disorders into two main groups:

Offense against environmental property rights (Articles 7.1-7.11, 8.6, 8.26,8.28 of the Administrative Code of the Russian Federation) and the right to obtain reliable information on the state of the environment (Articles 8.5, 10.7 of the Administrative Code of the Russian Federation);
Offenses against established rules for environmental protection and environmental management. This group can be distinguished as offenses that may have different elements of the environment and affect only specific elements. Universal offenses are contained in Articles 8.1-8.4 of the Administrative Code.

In administrative and legal science, a number of special disorders are allocated, which are presented in the figure below.

The basis of the division in this case is the object of the offense, but the purpose of the classification is the distribution of elements of the administrative offenses system in the field of environmental protection in a certain logical sequence, which makes it possible to more clearly explore this institution of administrative law.

Literature

The Constitution of the Russian Federation was adopted by a popular vote 12.12.1993, taking into account the amendments made by the laws of the Russian Federation on amendments to the Constitution of the Russian Federation of 30.12.2008 N 6-FKZ, from 30.12.2008 N 7-FKZ // Parliamentary newspaper, N 4, 23-29.01. 2009.
Code of the Russian Federation on Administrative Offenses of December 30, 2001 N 195-FZ as amended from 12.03.2014 with change and add., Intr. In force from 01.04.2014 // "Meeting of the legislation of the Russian Federation", 07.01.2002, N 1 (part 1), Art. one.
Arbitration Procedure Code of the Russian Federation of 07/24/2002 N 95-FZ as amended from 04/22/2013 // Meeting of the legislation of the Russian Federation, 29.07.2002, N 30, Art. 3012.
Federal Law "On Environmental Protection" of January 10, 2002 N 7-FZ (current revision, 2016) // / Consultant Plus. Version prof. - - M, 2016.
Gladyshev D.Yu. Some features of legal responsibility for environmental offenses // Legal equipment Issue No. 6/2012 - p. 126-129
Ermakov L. Environmental offenses: the concept and distinction // Environmental law. - 2004. - № 4. - P. 8-9.
Kalinin I.B. Nature-free law - Tomsk: Publishing time. University, 2009
Pakalov D.S. Environmental offenses: Structure and reasons // Spaces in Russian legislation. Legal Journal Issue No. 1 / 2012. S. -226-228

Makarova Anastasia Sergeevna, Student, FGBOU VPO "Orenburg State University", Nenburg [Email Protected]

Administrative responsibility for environmental offenses

Annotation. In this article, the concept of administrative responsibility applied for environmental offenses is determined. The essence of administrative responsibility and its features revealed. The classification of the list of administrative offenses in the field of environmental protection and environmental management and types of punishment for offenses are given. And also identifies the basic functions of administrative responsibility for violation of environmental legislation. Thequent words: administrative responsibility, offense, administrative offense, Code of administrative offenses, environmental legislation.

Currently, mining and processing of mineral raw materials is the basis of the Russian economy. Scientific progress and strengthening anthropogenic influence on the natural environment lead to the exacerbation of the environmental situation in the country: pollution of the natural environment, the exhaustion of natural resources, deterioration of public health, etc. In this regard, one of the most relevant problems is the protection of the environment. With each year the number of environmental offenses increases. Environmental offenses lead to unfavorable shifts in the field of environmental protection and environmental management. The law does not provide for the definition of the concept of environmental offense. The night-scale administrative equalization offense takes out an unlawful, the guilty of either the inaction of a physical or legal person who does not meet the ecologist and for which the Administrative Code of the Russian Federation or the laws of the Russian Federation provides for administrative responsibility. Administrative responsibility is a multidimensional and multifaceted category of administrative law. For many reasons: First, administrative responsibility is a kind of state coercion controlled by administrative standards. Understanding the legal nature of administrative responsibility, the intensification of administrative responsibility measures with other types of admission of administrative coercion is the most important task of administrative law, administrative framework and legal practice.

Vacuor, legal norms that establish administrative responsibility measures, the composition of administrative offenses, the procedure for the use of administrative responsibility, constitute a separate part of the administrative law called the institution of administrative responsibility. The knowledge of the institution of administrative responsibility is equally necessary in the implementation of state supervision in various fields: the field of taxation, environmental protection, road safety, and so on.

Thieh, administrative responsibility finds its external expression during the proceedings on administrative offenses, which is performed by joint actions and officials of the executive, local government, judges. Professor A. B.Agapov believes that "administrative responsibility is a force of forced impact, applied to (physical, legal), guilty of committing an administrative offense, limiting property (non-property) rights of the violator or establishing its additional responsibilities" Professor D.M . Oshanko under administrative responsibility understands "the application of punishment for administrative offenses with relevant bodies and officials with the aim of providing an educational impact on the violator and other persons. The person entrusted with the relevant authority, the administrative punishment to the physical or legal entity committed an administrative offense. The administrative offense is contained in Art. 2.1 of the Administrative Code of the Russian Federation: "The administrative offense is recognized as an unlawful, guilty effect (inaction) of a physical or legal person, for which this Code or the laws of the subjects of the Russian Federation on administrative offenses established administrative responsibility". Administrative responsibility is characterized by: • Controls, the presence of its own regulatory framework regulating A variety of aspects of law enforcement activities of the organ state government and local self-government;  The guards are universal, that is, its norms and rules are mandatory for all persons, both physical and legal; Treaceous, appointed only for administrative misconducts. Attendant principles of administrative responsibility are: 1) the principle of legality; 2) the principle of inevitability of responsibility; 3) the principle of individualization of responsibility; 4) the principle of justice; 5) the principle of the presumption of innocence (it is that a person in respect of which is conducted The proceedings in the case of an administrative offense are considered innocent while its fault will not be proved in the manner prescribed by the Code of Humanifying Offenses, and established a decree, the authority, an official who considered the case. ) 6) the principle of feasibility (assumes the compliance of the elected measure of the administrative influence of administrative responsibility purposes) 7) the principle of humanism (it is that a measure of punishment should not humiliate human dignity, his honor and other natural human rights and freedoms) administrative responsibility in the field of environmental offenses It comes only for the execution of an act, which contains the specific composition of the administrative input. Unlike other types of legal responsibility, there is a combination of public relations of the environmental offense of public relations in the field of application and protection of subsoils, land in the field of application and protection of subsoil, land, water, forests and protection of subsoil, lands, water, forests and protection of subsoils, lands, water, forests, atmospheric air, and Also of the animal and plant world;  Not only for specific offenses, determined in the legislation as administrative; • Provisional responsibility for environmental offenses envisaged, the appointment of an administrative penalty, confiscation of the instrument of administrative offense, administrative arrest, administrative suspension of activities, withdrawing a license to use resources , reimbursement of harm to the natural environment, and administrative expulsion for foreign citizens and stateless persons;  Candidate responsibility Also attracted both citizens of the Russian Federation and foreign citizens, stateless persons, as well as officials and legal entities;  In accordance with the competence of a special authorized body or an official;  According to Article 3.2 of the Code of Administrative Offenses, only those provided for by the Law of Recycling can be applied But Article 2.9 of the Administrative Code of the Russian Federation provides for the possibility of exemption from them with an insignificance of misconduct. Recruitment to administrative responsibility for environmental offenses is not exempted personality for the duties of compensation for environmental damage (harm). This is due to the fact that at least a fine is material in nature and is a measure of punishment, and not a compensation of harm: the relevant amount of the fine is not a victim to compensation for harm, but are sent to the law to the budget or special accounts of environmental funds. The size of the administrative fine on citizens, hesitate from three to twenty minimumts (minimum wage); on officials from 3 to 200 minimum wages; on legal entities from 100mrt. In ch. 8 Administrative Offenses In the Field of Environmental Protection and Environmental Management "includes a number of articles providing for administrative responsibility for environmental offenses. The list of administrative offenses in the field of environmental protection and environmental management can be conventionally classified according to various criteria. Topics of natural resources affected by damage, they are divided into the following groups: 1) in the field of environmental information (Article 8.1.8.4.5,8.40); 2) land protection (Article 8.6,8.7,8.8);

3) Security protection (Article 8.9.8.1.11);

4) the protection of atmospheric air (Article 8.21.);

5) the protection of water resources (Article 8.12-8.20.);

6) Forest protection (Article 8.24-8.32.);

7) Protection of the animal world (Article 8.33-8.38.);

8) placement of production waste (Article 8.2,8.19);

9) in the field of agriculture (Article 8.3);

In the field of transport (Article 8.22,8.23). Also can be divided into the following in the following personally:  The group consists of offenses that establish responsibility for violating basic ecologists that extend to all institutions of environmental law. Such requirements include: Article 8.4. COAP of the Russian Federation "Violation of legislation on environmental examination"; Article 8.5. Administrative Code "Hiding or distorting environmental information", Article 8.41. "Non-followed fees for negative impact on the environment", Article 8.46. "Failure or late fulfillment of the obligation to submit an application for state registration of objects that have a negative impact on the environment, the presentation of information for updating the accounting information"  The second category includes compounds that establish responsibility for violating the rules for the protection of individual natural objects. Such as damage to the lands (Article 8.6.kapap of the Russian Federation); Violation of the rules for the protection of water bodies (Article 8.13. The CAPC of the Russian Federation); violation of the rules for the protection of atmospheric air (Article 8.21. Violation of forest use rules (Article 8.25. The ACAP of the Russian Federation); Violation of the rules for the protection of water biological resources (Article 8.38. The ACAP of the Russian Federation); Violation of the rules for the protection of the habitat or ways to migrate objects of animal peace and water biological resources (Article 8.33.KAAP);  In the third group included the composition of the offense, which are responsible for non-compliance with the legitimate order of land with a special ecologist. For example, Article 8.7.Capoa of the Russian Federation "Failure to comply with land reclamation duties, mandatory measures to improve land improvement and soil protection"; • In the fourth group, the branch of the offense is not compliance with the conditions in the field of environmental protection in the farm or other activities. These include non-compliance with environmental and sanitary-epidemiological requirements when handling production and consumption waste, substances that destroy the ozone layer, or other hazardous substances (Article 8.2. Administrative Code of the Russian Federation); Violation of the implementation of economic and other activities within the boundaries of flooding zones, flooding (Article 8.44. Administrative Code); violation of the rules of exploitation of water management or water protection structures and devices (Article 8.15. Administrative Code of the Russian Federation); unauthorized use of forests, violation of forests use Destruction of forest resources (Article 8.26. CAPAP RF). and other admiralive responsibility for environmental crimes performs several key functions:  Istimulate to comply with the equalization standards;  Compensating, aimed at reimbursement of environmental losses and reimbursement of human health;  Presidency, providing permanent expressions; ° Providest Environmental offenses. In addition to chapter 8, the COAP of the Russian Federation on the commission of environmental offenses provides for the Federal FZ of the Russian Federation of January 10, 2002 "On Protection of the Environmentaries" (Article 75), FZ of the Russian Federation of March 30, 1999 "On Sanitary Epidemiological Welfare of the Population" (Article 55), Land The Code of the Russian Federation of October 25, 2001 (Article 74), the Forest Code of the Russian Federation of January 29, 1997 (Art. But), the Water Code of the Russian Federation of November 16, 1995 (Article 130), the Law of the Russian Federation of February 21, 1992 G. "On subsoil" (Art. 49) and others. These articles listed the types of legal liability, including administrative, for not compliance with environmental legislation. The referral of environmental legislation, as well as the failure of the rules for protecting the environmental environment today is considered extremely dangerous, in connection with this legislation for the offenses in this field provided for A variety of legal liability depending on the guilt, the level of environmental threat, as well as environmental risk.