THE INSTITUTION OF LIABILITY FOR ENVIRONMENTALOFFENSES: SYSTEMIC DEFICIENCIES AND JUDICIAL PRACTICE
The complex nature of the institution of liability for environmental offenses is determined by the sectoral affiliation of the norms governing such relations. Ignoring the systemic rules of constructing the structural elements of this institution reduces the effectiveness of the main essential...
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| Main Author: | |
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| Format: | Article |
| Language: | English |
| Published: |
Bashkir State University
2024-12-01
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| Series: | Правовое государство: теория и практика |
| Subjects: | |
| Online Access: | https://pravgos.ru/index.php/journal/article/view/1022 |
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| Summary: | The complex nature of the institution of
liability for environmental offenses is determined
by the sectoral affiliation of the norms governing
such relations. Ignoring the systemic rules of
constructing the structural elements of this
institution reduces the effectiveness of the
main essential functions of liability. There is
a need for a proper analysis of the correlation
between public and private foundations of legal
regulation of relations in the area of liability for
environmental damage. There should also be an
assessment of compensation for environmental
damage as a sub-institution beyond civil law,
taking into account the special properties of
natural resources as public goods. Purpose: to
assess the evolution of conceptual positions and
legislative changes in the institution of liability
for environmental offenses. Methods: dialectical,
analysis, synthesis, induction, deduction,
historical-legal, formal-legal. Results: the article
reveals systemic deficiencies of constructing the
structural elements of the institution of liability
for environmental offenses and it identifies ways
to overcome them. |
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| ISSN: | 2500-0217 |