LawHealth and Safety

Environmental offenses as one of the terms of environmental law

Today, one of the most urgent problems that need immediate solution is the preservation of the ecological security of the world. Ecological offenses, technological progress, increase in anthropogenic impact not only lead to depletion of resources. People's health (moral and physical) is deteriorating, aesthetic values are lost, the struggle for living spaces is aggravated.

In Russia, pollution of the natural environment is at the maximum permissible level. According to statistical calculations, the average age of the population is decreasing annually. Each tenth newborn suffers from mental or physical deformities that occur at the gene level. In all industrial regions, almost a third of the population suffers from immune and autoimmune diseases associated with unsatisfactory living conditions.

In connection with this situation, the environmental and legal responsibility of citizens and legal entities comes first. This term means real property responsibility for environmental pollution, damage to health, irrational use, destruction or damage of natural resources, destruction of ecosystems.

The Russian code of laws contains an extremely clear interpretation of the concept of "environmental offenses". This is the name of any unlawful activity that violates environmental laws that cause harm or damage to the environment, health, environmental interests or the rights of citizens or jur. Persons.

By establishing responsibility for the violation of ecological balance, different legal acts use different terms, meaning "environmental offenses". For example, the Law on Environmental Protection speaks for compensation for harm caused by illegal environmental actions. The Constitution establishes the right to compensation for damage caused by such activities.

Components of the term "environmental violations" are:

• deterioration of the environment caused by illegal environmental activities;

• derogation of a legal, tangible or intangible good, incl. Property of citizens, their health;

• Pollution, spoilage, extermination or irrational, improper use of resources;

• Lack of profit that could be obtained. This component is especially important for farmers who often can not collect the planned crop due to the deterioration of the ecological condition of soil, water, air.

Recently Russian legislation introduced the concept of moral harm for environmental violations. It can consist in moral unrest about the inability to continue the habitual way of life, loss of work, or to manifest a sense of physical pain due to a disease that has arisen as a result of a disturbance in the state of the environment. Such claims are now being considered for violations of the right to a healthy environment.

In order to streamline the responsibility of individuals for environmental violations, the legislation of the Russian Federation introduces the concept of "subjects of environmental law". They are understood as all individuals (physical and legal) involved in environmental relationships. Legislation establishes their rights and duties.

There is also the concept of "objects of environmental law". These include subsoil, soil, air, atmosphere, water resources, vegetation, fauna.

The law provides that the concept of "objects of environmental law" also applies to reserves, natural monuments, parks, conservation zones, sanctuaries, etc.

The features of environmental legal relations, and therefore, the definition of the concept of "environmental offenses" depend on the natural object in respect of which they appear.

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