The concept of legal liability for environmental offenses

Types of legal liability for violation of environmental legislation

The concept of legal liability for environmental offenses

Lecture 7.

Lecture 6.

Subject: Legal basis of the economic mechanism of environmental protection.

The concept and the main elements of the economic mechanism of environmental protection and natural resources. Economic methods of environmental protection. Planning and funding for environmental protection and rational use of natural resources. The procedure for calculation and collection of environmental charges and fees. Legal regulation of environmental insurance. Taxes for nature. Fee for Special Nature. Economic incentives for environmental protection. Expenditure of the funds allocated for the implementation of measures for environmental protection. Legal status of the environmental audit.

Subject: Legal liability for violation of environmental laws.

The Plan:

Keywords: concept of legal liability, environmental offenses, penalties.

The legal responsibility for environmental offenses is the ratio between the state, represented by the specially authorized body in the field of environmental protection, law enforcement agents and other authorized person responsible for committing environmental offenses (physical or legal officer) using the appropriate penalty to the violator. The essence of legal responsibility is to adverse consequences, for advancing environmental violators.

Through the application of legal liability implements the state enforcement of environmental requirements, bearing in mind that the legal liability is not the only tool enforcing environmental regulations in the mechanism of environmental law.

Given the specific features of the mechanism such as the role played by the state ecological expertise, environmental licensing, environmental certification, environmental control, to some extent, all these environmental measures (such as payments for environmental pollution).

In the structure of environmental and legal norms (Eco legal) plays a role sanction - as is the norm and measure of state foreclosure and legal liability in the mechanism of environmental management and environmental protection.

As we already know from the general theory of law, rule of law, which is the basic unit of environmental law, consists of three interrelated elements - hypotheses, dispositions and sanctions. Sanction - a member of the legal norm, which defines the actions of the state and other penalties to be applied to the offender, provided the disposition rules. Thus, the sanction is a measure of legal liability for environmental offenses. In the absence of sanctions is virtually no legal norm. Lack of sanctions doomed to inaction environmental requirements.

Responsibility for environmental offenses performs several key functions:

- Stimulating to comply with environmental law;

- Compensation directed against losses in the natural environment and compensation for harm to human health;

-preventing providing warning of new offenses;

- Punitive, is punishment of the perpetrator in the commission of environmental offenses.

The basis of laying the legal responsibility in this sphere is the environmental offenses.

2. Types of legal liability for violation of environmental legislation.

Environmental offenses - is not guilty, the wrongful act violating environmental regulations and causes damage to the environment and human health. Thus, environmental offenses defined Environmental Code.

This definition seems to be inaccurate. In characterizing environmental offenses should pay attention to the following two circumstances.

The first concerns the fact that environmentally significant wrongful act is not always to be found guilty. In accordance with the Civil Code of the Republic of Kazakhstan harm caused by a source of danger, must be compensated regardless of fault of the causer. The second factor is related to the fact that the commission of environmental offenses are not always accompanied by the injury. With that said, environmental offenses can be defined as illegal, as a rule, the guilty act (action or inaction) committed entity causing or carrying a real threat of environmental damage or violate the rights and lawful interests of environmental law.

Given the social danger of environmental offenses are divided into misdemeanors and crimes.

Misdemeanors are less dangerous acts, as disciplinary, administrative and civil offenses. And in connection with these types of environmental offenses comes disciplinary, administrative, criminal and civil liability.

In accordance with the general theory of law of environmental offenses in its structure consists of an object, the subject, the objective and subjective sides.

The objects of the offense are the ecological and social relations on the environment as a whole and its individual components, regulated and protected by the law. These ratios relate to the content of ownership of natural resources, environmental management, environmental protection from the harmful effects of environmental protection of the rights and legitimate interests of citizens.

Nature and the environment acts as the subject of environmental offenses. Consequently, the Law "On Environmental Protection" object ecological offense serves the environment.

The subjects of environmental offenses may be legal, officials and individuals who have committed offenses related to environmental or protection of the environment in the Republic of Kazakhstan under its jurisdiction.

Administrative and criminal responsibility of individuals for environmental offenses comes from 16 years of age. In civil proceedings citizens have limited liability from 14 to 18 years, with the full responsibility of 18 years. From this age a person becomes fully operational.

For the objective side of environmental offenses are characterized by three elements:

a) the wrongfulness of the conduct;

b) Causing or real threat of environmental damage, or infringement of any other legal rights and interests of environmental law;

c) caused by the connection between the wrongful conduct and applied environmental harm or real threat of such harm, or other violation of the legitimate rights and interests of Eco law.

The subjective side ecological offence characterized guilt of the offender (unless responsibility of the owner a source of increased danger).

Under fault understood the mental attitude of the offender to his unlawful behavior, which may manifest itself in action or inaction. The law provides for two forms of guilt: intent (direct or indirect), and negligence. Intentional is ecological offence at which the offender foresees the occurrence of socially harmful consequences of their behavior and desires or knowingly permit them (for example, an entrepreneur dumps toxic waste of its production at the forest edge, t. E. Not established for this site). Carelessness is of two kinds, the arrogance and carelessness. Overconfidence occurs when a person who violates environmental requirements, anticipating socially harmful consequences of their activities, but lightly counts on the possibility to avoid them.

Negligence is manifested in the fact that the person does not anticipate an adverse effect, although it should have and could have foreseen them.

Environmental offenses may be committed under any form of guilt (air, water); others - with a deliberate form of guilt (illegal hunting, fishing); others - by negligence (careless handling of fire in the forest).

Disciplinary liability is governed by the Law of RK "On Environmental Protection" and the Code of Labour Laws (CLL), which is expressed in the imposition of the administration of enterprises, organizations on the guilty employee disciplinary sanction for failure to comply with obligations under the service contract go associated with environmental protection.

The subjective side of disciplinary environmental misconduct is usually negligence. This may be applied to the following disciplinary sanctions: observation, reprimand, severe reprimand, dismissal, demotion, transfer, etc. Work, deprivation Award (depremirovanie).

Labour disputes concerning disciplinary actions considered by commissions on labor disputes. Disciplinary does not preclude the application of more stringent forms of liability if there are reasons - administrative, criminal and civil.

Financial liability of employees regulate by the Labour Code of Kazakhstan, the provision on liability for damage caused by enterprises, institutions, organizations, other regulations.

An employee found guilty, if they committed a wrongful act intentionally or negligently.

There are two types of liability: limited and full.

When full liability damages are awarded entirely upon conviction if the criminal offense is committed in a state of intoxication and the employee in accordance with the law or the contract is assigned full liability. With limited liability damages are awarded in the amount of not more than the average monthly earnings.

According to its objective indicators administrative offense looks similar to the crime. Therefore, the Code of Administrative Offences, as one of the preconditions for imposing administrative liability in the exercise of supervisory control for stability and, in some cases, such processes, the dynamics characteristics of the object of certification.

In the Criminal Code states that its objective while protecting the rights and freedoms of man and citizen, property and public order is to protect the environment. All of the offenses defined in the Criminal Code, are divided into three categories: special environmental compounds related and additional special environmental compositions formulated in the Criminal Code as "environmental crime" - include the following:

- Violation of the rules of environmental protection during the works;

- Improper handling of environmentally hazardous substances and wastes;

- Violation of safety regulations when handling microbial or other biological agents or toxins;

- Infringement of veterinary rules and regulations established for combating plant diseases and pests;

- Water pollution;

- Pollution of the atmosphere;

- Pollution of the environment;

- Deterioration of the earth;

- Natural resources, environmental insurance, economic incentives;

-Application measures disciplinary, administrative, criminal and civil liability for violation of the rules for the use and protection of land, water, minerals, forests, air, fauna, and environmental rules.

Дата добавления: 2014-12-16