Criminal Liability for Environmental Offenses

General Provisions

Criminal liability for environmental violations is aimed at protecting the environment and public health from actions causing significant damage to nature. A crime is considered a culpable act prohibited by criminal law, which poses a threat to society, whereas minor violations are not classified as crimes.

Although current legislation does not contain a clear definition of an "environmental crime," previously applicable norms and scientific literature distinguish it as an unlawful act that undermines environmental safety, the rational use of natural resources, and the condition of the environment. Such crimes may be expressed both in actions and in inaction leading to damage to nature.

Chapter 26 of the Russian Criminal Code establishes specific forms of environmental crimes, including violation of environmental protection rules, handling of hazardous substances, pollution of water, atmospheric air and marine environment, land degradation, illegal extraction of natural resources, destruction of rare animals and plants, as well as violation of the regime of specially protected natural territories.

Criminal liability for environmental violations covers a wide range of environmental protection areas and provides measures of influence on both physical and legal entities guilty of causing damage to the environment. These provisions serve as a tool for state regulation and prevention of degradation of natural resources.

Despite the recent toughening of penalties for environmental crimes, practice shows that increasing punishments does not always lead to effective prevention of violations and improvement of the ecological condition, highlighting the need for a comprehensive approach to environmental protection and refinement of law enforcement practices.

According to Article 14 of the Russian Criminal Code, a crime is an intentionally committed socially dangerous act prohibited by the Russian Criminal Code under threat of punishment. At the same time, an act (omission), although formally containing features of any act provided for by the Russian Criminal Code, is not considered a crime if, due to its insignificance, it does not pose a social danger.

The current legislation does not contain a definition of the term "ecological crime," however, such a definition was included in the previously applicable Law of the RSFSR dated December 19, 1991, No. 2060-1 "On the Protection of the Natural Environment." This law defined an ecological crime as a socially dangerous act that violates the established ecological legal order in the Russian Federation, endangers the ecological safety of society, and causes harm to the natural environment and human health (Article 85).

The concept of "ecological crime" is proposed in scientific literature. For example, O.L. Dubovik defines an ecological crime as a culpable socially dangerous act (action or omission) prescribed by criminal law and prohibited under the threat of punishment, which infringes upon the environment and its components, the rational use and protection of which ensure optimal human life activities, ecological safety of the population and territories, and consists in the direct unlawful use of natural objects (or unlawful impact on their condition) as a social value, leading to negative changes in the quality of the surrounding environment, destruction, or damage to objects¹.

Specific compositions of environmental crimes are provided in Chapter 26 of the Russian Criminal Code ("Environmental Crimes"), including: violation of rules for protecting the environment during work performance (Article 246 of the Russian Criminal Code); violation of rules for handling environmentally hazardous substances and waste (Article 247 of the Russian Criminal Code); violation of safety rules when dealing with microbiological or other biological agents or toxins (Article 248 of the Russian Criminal Code); violation of veterinary rules and rules established for combating diseases and plant pests (Article 249 of the Russian Criminal Code); water pollution (Article 250 of the Russian Criminal Code); air pollution (Article 251 of the Russian Criminal Code); pollution of the marine environment (Article 252 of the Russian Criminal Code); violation of the legislation of the Russian Federation on the continental shelf and the exclusive economic zone of the Russian Federation (Article 253 of the Russian Criminal Code); land degradation (Article 254 of the Russian Criminal Code); violation of rules for protection and use of subsoil resources (Article 255 of the Russian Criminal Code); illegal extraction (catching) of aquatic biological resources (Article 256 of the Russian Criminal Code); violation of rules for protecting aquatic biological resources (Article 257 of the Russian Criminal Code); illegal hunting (Article 257 of the Russian Criminal Code); illegal harvesting and trade of specially valuable wild animals and aquatic biological resources belonging to species listed in the Red Book of the Russian Federation and (or) protected by international agreements of the Russian Federation (Article 258.1 of the Criminal Code of the Russian Federation); destruction of critical habitats for organisms listed in the Red Book of the Russian Federation (Article 259 of the Criminal Code of the Russian Federation); illegal cutting of forest plantations (Article 260 of the Criminal Code of the Russian Federation); destruction or damage to forest plantations (Article 261 of the Criminal Code of the Russian Federation); violation of the regime of specially protected natural territories and natural objects (Article 262 of the Criminal Code of the Russian Federation).

As noted by S.A. Bogolyubov, in recent years the legislature has repeatedly strengthened penalties provided for environmental crimes in the Russian Criminal Code. However, increasing sanctions in the Russian Criminal Code does not lead to a stricter judicial practice or a noticeable intensification of efforts to combat poaching or to establish ecological law and order².