Back to the Problem of Criminal Liability of Legal Entities: Two Views on the Problem (Using the Example of Environmental Crimes)

Abstract

The authors examine the positions of supporters and opponents of introducing criminal liability for legal persons in the Russian Federation. They have summarized and evaluated the existing approaches to the problem, and present two views on the prospect of introducing the institute of criminal liability for legal persons using the example of environmental crimes. This choice is not accidental and is explained by a number of reasons. Firstly, the condition of the environment continues to deteriorate in spite of all undertaken efforts, which calls for new approaches to its protection, including through criminal law means. Secondly, it is necessary to understand that the greatest threat to the environment is posed by large companies working in the sphere of extracting, processing and using various natural resources — oil, gas, metals, chemical companies, agricultural holdings, energy and transportation companies, which all operate with the purpose is maximizing profits. Practice shows that they are responsible for the largest environmental disasters of the latest decades. Compared to them, the contribution of private persons to environmental pollution is negligibly small. Thirdly, the overwhelming majority of researchers specializing in the problems of criminal liability for environmental crimes support the establishment of criminal liability specifically for the violations of nature protection legislation. In spite of the differences in the opinions of authors regarding the necessity of establishing criminal liability for legal persons, they leave space for further discussions on the topic.