Issue |
BIO Web Conf.
Volume 65, 2023
EBWFF 2023 - International Scientific Conference Ecological and Biological Well-Being of Flora and Fauna (Part 2)
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|
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Article Number | 08002 | |
Number of page(s) | 8 | |
Section | Environmental Economics and Policy | |
DOI | https://doi.org/10.1051/bioconf/20236508002 | |
Published online | 04 September 2023 |
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
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.
© The Authors, published by EDP Sciences, 2023
This is an Open Access article distributed under the terms of the Creative Commons Attribution License 4.0, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
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