Exemption from criminal liability for environmental crimes

Abstract

Environmental protection is one of the tasks of the criminal legislation of Russian Federation (Article 2 of the Criminal Code of Russian Federation). Acts that infringe on public relations for environmental protection and environmental safety are enshrined in Chapter 26 of the Criminal Code of Russian Federation and for the most part relate to crimes of small or medium gravity. This fact implies the possibility of implementing the institution of exemption from criminal liability in general (Chapter 11 of the Criminal Code of Russian Federation) and with the imposition of a judicial fine in particular (Article 76.2 of the Criminal Code of Russian Federation), if an environmental crime has been committed for the first time, and its subject has taken legal attempts to minimize the consequences. The subject of this study is the legitimacy of exemption from criminal liability for environmental crimes with the imposition of a judicial fine. The purpose of the study is seen in determining the admissibility of the declared process. To achieve the desired goal in the study, the following tasks were set and successively solved: 1. To establish legal regulation of exemption from criminal liability with the imposition of a judicial fine. 2. To analyze the investigative and judicial practice of considering criminal cases initiated on the fact of committing environmental crimes. 3. To examine doctrinal approaches for the legitimacy of exemption from criminal liability for environmental crimes.