Today, one of the most urgent problems that need to be addressed urgently, - preservation of ecological security of the world.Environmental offenses, technological progress, increased anthropogenic impacts not only lead to the depletion of resources.Deteriorating health (moral and physical), lost aesthetic values, competition for living space.
In Russia, environmental pollution is on the maximum permissible level.According to the statistical calculations of the average age of the population is annually reduced.Every tenth newborn suffers mental or physical deformities that occur at the gene level.In all industrial areas, nearly a third of the population suffers from immune and autoimmune diseases associated with poor habitat.
In connection with the situation in the first place there is the ecological and legal responsibility of citizens and legal entities.This term refers to real property liability for environmental pollution, personal injury, improper use, destruction or damage of natural resources, destruction of ecosystems.
Russian law code contains very clear interpretation of the concept of "ecological offenses".So call any illegal activities that violate environmental laws, harm, or damage the environment, health and environmental interests or the rights of citizens or legal.persons.
Establishing liability for violation of the ecological balance, the different legal instruments use different terms, referring to "ecological offenses".For example, the Law on Environmental Protection Agency says about damages caused by illegal environmental actions.The Constitution establishes the right to compensation for damage resulting from such activities.
constituent parts of the term "environmental violations" are:
• environmental degradation resulting from illegal environmental activities;
• impairing legitimate, tangible or intangible benefits, includingproperty of citizens, their health;
• pollution, damage, or destruction of inappropriate, improper use of resources;
• shortfall in benefits that could be obtained.This component is particularly important for farmers who are often unable to collect the scheduled harvest due to environmental degradation of soil, water, air.
Recently, Russian legislation has introduced the concept of non-pecuniary damage for environmental violations.It may consist of moral excitement about the inability to continue their way of life, loss of a job, or having a sense of physical pain because of diseases resulting from violations of the state of the environment.Such claims now accepted for consideration in the context of violations of the right to a healthy surroundings.
In order to streamline the responsibility of individuals for violations of the environmental legislation of the Russian Federation introduced the concept of "subjects of environmental law."They are understood all persons (natural and legal) involved in ecological relationships.The legislation establishes their rights and obligations.
There is also the concept of "objects of environmental law."These include mineral resources, soil, air, atmosphere, water resources, vegetation, fauna.
law provides that the concept of "objects of environmental law" also applies to reserves, nature monuments, parks, conservation zones, wildlife sanctuaries, etc.Features
environmental relations, and hence the definition of "environmental crimes" depend on the nature of the object for which they appear.
