Abstract
Environmental criminal law provides for measures targeting the most serious environmental offences and improving the enforceability of environmental provisions. In the article, environmental criminal law provisions in Poland and Russia are analyzed and compared. The changes introduced by the Council Directive 2008/99/EC on the protection of the environment through criminal law have a significant impact on the Member States’ criminal law, promoting broader criminalization of environmentally harmful behavior and more severe sanctions. Although the Russian Federation is not an EU member and adopts its environmental legislation, it is still a party to several international treaties and therefore is obligated to provide an adequate level of environmental protection. There are several similarities between the criminal provisions in both countries concerning the classification of environmental crimes and the limbs of their legal definitions. Besides, both countries use a continental model of criminal procedure including their rules on evidence. It allowed us to compare national law enforcement practices. The authors analyze current law enforcement challenges and discuss possible solutions.
Highlights
The consequences of environmental offences can cross the national borders requesting a mutual response
The changes introduced by the Council Directive 2008/99/EC on the protection of the environment through criminal law have a significant impact on the Member States’ criminal law, promoting broader criminalization of environmentally harmful behavior and more severe sanctions
The matter of sanctions was left to the Member States, the Directive required for criminal penalties for both legal and natural persons to be ‘effective, proportionate and dissuasive.’[6]. According to the European Commission, the concept of ‘environmental crime’ should cover acts which ‘breach environmental legislation and cause significant harm or risk to the environment and human health.’[7]. The Directive 2008/99/EC was seen as a sign of consolidation of criminal law and ‘Europeanization’ of the protection of the environment.[8]
Summary
The consequences of environmental offences can cross the national borders requesting a mutual response. The matter of sanctions was left to the Member States, the Directive required for criminal penalties for both legal and natural persons to be ‘effective, proportionate and dissuasive.’[6] According to the European Commission, the concept of ‘environmental crime’ should cover acts which ‘breach environmental legislation and cause significant harm or risk to the environment and human health.’[7] The Directive 2008/99/EC was seen as a sign of consolidation of criminal law and ‘Europeanization’ of the protection of the environment.[8] Article 3 of the Directive contained the list of environmental offences which were expected to be the crimes: (1) illegal discharge of harmful substances or radiation into the air, soil, or water; (2) collection, transport, recovery or disposal of waste in an unlawful. Since a few Member States have adopted special programs to prepare law enforcement officials to deal with numerous problems related to the evidence collection, optimal investigative and prosecution strategies.[14]
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