Compensation for damages from the consequences of environmental crimes

Academy of the Federal Penitentiary Service of Russia, 1, Sennaya st., Ryazan, 390000, Russia

^* Corresponding author: kornei_lam@mail.ru

Abstract

The subject of this study is the social and legal nature of compensation for damage or other reparation for harm caused by environmental crimes. Currently, at the legislative level, there is no exhaustive list of possible ways to compensate for the rights violated as a result of a committed socially dangerous act containing all the signs of a crime. As a result, law enforcement agencies in the course of proceedings in a specific criminal case are vested with the right to independently assess specific post-criminal positive activity of a person who committed a crime and decide on its compliance with the method of making amends. At the same time, delegated powers in theory are perceived ambiguously. The purpose of the authors is to determine the essence and admissibility of a broad interpretation of the concept of “compensation for damage or other reparation for harm” in criminal law. Based on the analysis of provisions of current criminal legislation, clarifications of the Plenum of the Supreme Court of Russian Federation, investigative and judicial practice, doctrinal studies in the field of criminal, as well as environmental law, the authors come to the following conclusion. The list of ways to make amends for the harm caused by environmental crimes cannot be exhaustive (closed), and specific post-criminal socially beneficial actions must be legal and not infringe on the rights of third parties.