Problems of the Penalization of Ecological Crimes

Abstract

In article are analyzed the criminal precepts of law containing in Chapter 26 of the Criminal Code of the Russian Federation, providing responsibility for ecological crimes in the context of establishment of compliance of their sanctions to character and degree of public danger of the prohibited acts. In work it is emphasized, that efficiency of application of criminal precepts of law, in general, regulations about responsibility for ecological crimes, in particular, depends on many factors to which both lawmaking problems, and law enforcement's belong. In this regard, questions as legislative designing of sanctions of the corresponding criminal precepts of the law, and their practical implementation in the form of the imposed sentence are considered. The analysis of statistical data, materials of criminal cases is for this purpose carried out, the types of ecological crimes that are most put into practice come to light and the direct analysis of sanctions is made. As a result of the conducted research, the conclusion that the majority of sanctions of regulations about responsibility for ecological crimes do not correspond to character and degree of public danger of acts is drawn. Also, it is noted that main types of sentences that are imposed by vessels in this category of affairs are the penalty and incarceration is conditional. In this connection, it is summarized that today it is impossible to recognize the applied punishment measures for ecological crimes effective.

DOI: 10.5901/mjss.2015.v6n6s3p217