General characteristics of legal liability for environmental offences: problematic aspects

Several main problems of the general characteristics of legal liability for environmental offences are hig-hlighted: 1) the existence of specific “legal environmental” liability; 2) the use of the concept of “property re-sponsibility” in Article 79 of the Federal Law “On Environmental Protection”; 3) the mention of disciplinary re-sponsibility in the same article. The opinion is expressed that there is no specific legal environmental liability – all its so-called features fit into the characteristics of administrative and civil liability for violation of legislation in the sphere of natural resource use and environmental protection. The article substantiates the expediency of excluding the mention of property liability from Article 79 of the federal law “On Environmental Protection” and replacing the term “property” with “civil” liability. It is proposed to exclude disciplinary liability from the list of types of liability for violations of legislation in the sphere of nature use and environmental protection, since it does not have any specificity in the environmental sphere and takes place exclusively within the framework of labor legal relations.

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Publication Details

Journal
Current Issues of the State and Law
Published
2025-01-01
DOI
https://doi.org/10.20310/2587-9340-2025-9-2-219-225
Primary Topic
Wildlife Conservation and Criminology Analyses
Type
article
Field-Weighted Citation Impact
0.00
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article

General characteristics of legal liability for environmental offences: problematic aspects

Aleksey A. Demichev
Current Issues of the State and Law
Wildlife Conservation and Criminology Analyses
article

General characteristics of legal liability for environmental offences: problematic aspects

Aleksey A. Demichev
article en

Abstract

Several main problems of the general characteristics of legal liability for environmental offences are hig-hlighted: 1) the existence of specific “legal environmental” liability; 2) the use of the concept of “property re-sponsibility” in Article 79 of the Federal Law “On Environmental Protection”; 3) the mention of disciplinary re-sponsibility in the same article. The opinion is expressed that there is no specific legal environmental liability – all its so-called features fit into the characteristics of administrative and civil liability for violation of legislation in the sphere of natural resource use and environmental protection. The article substantiates the expediency of excluding the mention of property liability from Article 79 of the federal law “On Environmental Protection” and replacing the term “property” with “civil” liability. It is proposed to exclude disciplinary liability from the list of types of liability for violations of legislation in the sphere of nature use and environmental protection, since it does not have any specificity in the environmental sphere and takes place exclusively within the framework of labor legal relations.

Current Issues of the State and Law
The Russian Presidential Academy of National Economy and Public Administration (RU)
Openalex Percentile: Top 84%
Wildlife Conservation and Criminology Analyses
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