Environmental liability by example of counteracting land spoilage

Abstract

This article is devoted to the analysis of the problems of environmental liability in relation to one of the most important natural resources. The introduction substantiates the importance of the subject under consideration, taking into account climatic changes and social factors, which are expressed in the lack of careful use of a certain element of the biosystem. The constant interest of the scientific community in the formation of basic approaches in the considered field is noted. Significant conclusions are formulated in the course of the description of the objects and methods of research. It is fairly noted that the normative provisions are largely formal in nature, which hinders their practical application. The authors do not agree with the restriction of the scope of the criminal-legal prohibition only to the pollution of the soil, and believe that it is necessary to establish the responsibility for the mechanical damage, as well as for the irrational use of this resource. The main results of the research are presented in the article in the form of practical proposals to improve the current domestic legislation by criminalizing a number of violations of land use. The methodological basis of the research is presented through the evaluation of land as an object of legal protection, taking into account the principles of axiological, activity, comparative and systemic approaches. The methodological block reveals and substantiates the most significant vectors of research in the selected segment in relation to criminal-legal and criminological aspects. The article emphasizes the importance of their integrated application. The reasons for the formality of the criminal-legal prohibition of land degradation and measures that allow it to become an effective tool to counteract such encroachments are formulated in the discussions.