К вопросу об общественной опасности преступлений и административных правонарушений в сфере экологии

Abstract

The paper analyzes the social danger of administrative and criminal acts in the field of ecology. A number of features have been identified that allow us to conclude that there is a sign of public danger in these administrative delicts. It is proposed to exclude Art. 8.35. “Destruction of rare and endangered species of animals or plants”, and any encroachment on rare and endangered species of animals or plants listed in the Red Book of the Russian Federation is regarded as a crime against environmental safety with the introduction of appropriate amendments to the Criminal Code of the Russian Federation. The author believes that public danger is an objective category that does not depend on the consciousness of the legislator or law enforcer, but the harm caused to the environment accumulates and affects the environment and the person himself. The consequences of this harm are unpredictable, delayed, pervasive.