Environmental Law and Criminal Law

The article highlights systematic aspects of the major principles of transnational criminal law within the framework of international law transformation. The article is dedicated to the examination of the fundamental principles of international law and international criminal law, in particular, which are viewed systematically and in complex and tight connection with the principles of domestic criminal and criminal procedural law. The necessity of legal enshrinement of its principles is noted. The content of the fundamental principles of criminal law is overviewed, in particular, nullum crimen sine lege (No crime without a previous penal law), principle of individual criminal responsibility, principle of non-reference to the official or professional status of a person, prohibition of repetition of punishment for the same crime under international criminal law, execution of judicial power only by courts, equality of persons before the law and the court, local and temporal principles of criminal law (non-application of terms of limitation, territorial principle of criminal law etc.) Special attention is paid to the content of the universal criminal jurisdiction principle concerning transnational crimes, enshrined in the 2000 UN Convention against Transnational Organized Crime. The author comes to the conclusion that the principles of transnational criminal law are coordinated as between themselves and determine the main characteristics of transnational criminal law and directions of criminal policy.

Although the EU lacks explicit competence to harmonise national principles of criminal law, there are many ways in which EU law and national criminal law are interconnected on a level deeper than mere minimum standards adopted from directives. The article analyses these intersections between EU law and fundamental principles of Estonian substantive criminal law, explaining how the principles of criminal law recognised and interpreted in the case law of the Court of Justice of the EU and covered by the Charter of Fundamental Rights of the European Union exhibit the capacity to affect fundamental principles of Estonian substantive criminal law. The article focuses on five principles specific to substantive criminal law, which are derived from the fundamental principles of the Estonian Constitution and have equivalents in human-rights law: the principle of legality of criminal law, the principle of retroactive application of the more lenient criminal law, proportionality, ultima ratio, and the principle of individual guilt. The analysis demonstrates that the relationship between EU law and the various principles of substantive criminal law is not uniform because the principles of substantive criminal law are not developed evenly at European Union level.

The article is devoted to the definition of the classification of principles of criminal executive law. The article presents the views and positions of leading domestic scientists on this issue. Scientific concepts on the perception of the factor of systematics of the principles of criminal executive law as one of the key elements of the current branch of criminal executive law are analyzed. The focus is on the key elements of the system of principles of criminal executive law and existing theoretical concepts on this issue. Scientific positions on the quantitative and qualitative component of the system of principles of criminal executive law are given. The article draws attention to the fact that the quantitative criterion of principles is one of the debatable issues among scholars, most of whom tend to the "triad" of principles of criminal executive law, which consists of common law, intersectoral and sectoral principles. The article expresses the author's view on the mandatory consideration of the category of common law principles in the system of principles of criminal executive law as one of the key ones. It is proved that the leading role of these principles is determined by their essential characteristics, which reflect the natural and legal nature of common law principles. This circumstance, in turn, has a decisive influence on the entire legal system of the state. The author's opinion on the synonymous meaning of the categories "principles of law" and "legal principles" is expressed in the article. The scientific position on the existence of both institutions and sub-institutions within the framework of criminal executive law is supported. The author's point of view on the quantitative and qualitative composition of the system of principles of criminal executive law is expressed within the article. It has been proven that the system of these principles should have five key elements. Which include the following principles: common law, intersectoral, sectoral, institutional, subinstitutional.

Introduction. Restoring justice is an extremely important task of the state and a requirement of Ukrainian society. In terms of bringing to justice those guilty of committing war and international crimes on the territory of Ukraine and corruption crimes under martial law, the principle of justice acquires paramount importance. In conditions of an ongoing war, the desire for justice in society is extremely acute, because compliance with the principle of justice during the implementation of criminal liability for committing war and corruption crimes at all levels ensures the achievement of the goal of justice. The aim of the article is to clarify the essential meaning of justice in the system of principles of criminal law. Results and conclusions. Justice is not only a criminal law principle. Based on the postulates of natural law, the uniqueness of justice and its prominent place in the system of criminal law principles have been stated. The equality of all principles in the criminal law system should be critically assessed and a requirement should be made for imperative compliance with the principle of justice during the consideration of criminal proceedings and the imposition of punishment and other measures of criminal law influence. The principle of justice in criminal law is not limited to punishment. The institute of circumstances that exclude the criminal wrongfulness of an act fully reflects the embodiment of justice in criminal law, since the norms enshrined in it are not a manifestation of humanism on the part of the state (when exempting from criminal liability for committing a criminal offense), but its obligation to exclude liability for lawful behavior. An important component of justice in criminal law is taking into account the interests of the injured party in criminal proceedings. Justice in criminal law is defined through such concepts as reasonableness, proportionality, expediency, and proportionality. Justice is a unique and universal principle of criminal law. Key words: principles of law, criminal law, justice, system of principles, natural law, hierarchy, criminal liability, imposition of punishment, interests of the victim, legality, humanism, reasonableness, proportionality, war crime, corruption criminal offense.

This article examines principles of environmental law been applied by courts in their dispute resolution activities. The aim of the study is to systematize the applied in certain categories of cases principles. The tasks set by the author are to identify the correctness of the application, the correspondence of the meaning of the principle to which the court refers and the need set before the court – the dispute under consideration. Methods used in the article are method of analysis and synthesis that suits the goal. Environmental requirements and their corresponding principles are universal. The considered principles of environmental and land law are important in resolving legal disputes, playing the role of pillars of law, they are referenced in almost every court decision. Whether their indication in decisions is limited judicial lawmaking or elimination of a conflict, as well as the use of an analogy of law or law in the absence of an appropriate rule of law, is to be clarified in this study based on the analysis of judicial practice. Currently, there are a number of problems related to the application of the principles of environmental law, for example, the need to expand the list of principles of environmental law enshrined in legal norms with insufficient legislative support for the implementation. The environmental doctrine is developing actively nowadays; it provides a high probability of improving legal regulation in the field of environmental legal relations and the principles of environmental law in the future. Keywords: principles of environmental law, judicial practice in environmental disputes, application of the principles of environmental law by the courts, inconsistency of judicial practice with the essence of the principle

<p>The current Research This research aims to explore the views of Islamic criminal law in relation to the the concept of participation in a criminal offense. The research method used is a literature study to collect information from various reliable sources. sources. The results show that the concept of participation in criminal offenses according to Islamic criminal law has differences with the concept in Islamic criminal law. criminal offense according to Islamic criminal law has differences with the concept in general criminal law. general criminal law. This research is expected to provide a deeper understanding of understanding of the concept of participation in criminal offenses according to Islamic criminal law so that it can contribute to the development of the criminal system. Islamic criminal law so that it can contribute to the development of a better legal system. system so that it can contribute to the development of a better legal system. After exploring the view of Islamic criminal law related to the concept of participation in criminal offenses, it can be concluded that Islamic criminal law pays special attention to the concept of participation in criminal offenses. that Islamic criminal law pays special attention to the concept of justice, proportion of punishment, as well as consideration of special cases in determining criminal responsibility. criminal responsibility. This indicates that an in-depth understanding of the concept of participation in criminal offenses according to Islamic criminal law can help in improving the legal system. can help in perfecting the existing criminal law system, and can provide a strong foundation for the enforcement of justice. provide a strong foundation for the enforcement of justice in society. It is hoped that the results of this research can make a significant contribution to the development of Islamic criminal law and the legal system as a whole. development of Islamic criminal law and the legal system as a whole.</p>

The article analyzes the provisions of domestic normative-legal base and legal doctrine on the content and meaning of the principles of modern environmental law of Russia. The author’s opinions and approaches to the doctrinal categories under consideration are studied, theoretical problems on the stated subject, and algorithms for their resolution in the foreseeable future are presented. The main purpose of the research is to accumulate the gained theoretical and empirical experience on the problems of formation of the system of principles of modern environmental law, to identify problematic issues and to develop measures to resolve them in the foreseeable future. The author analyzed the opinions and approaches of domestic and foreign authors, which made it possible to form a reasonable position on the stated subject. Theoretical significance of the research results consists in the possibility of their use in the course of further scientific developments on the issues of improving the system of principles of environmental law. Practical significance of the research results consists in the possibility of their use in legislative activities and in the development of educational and methodological literature on legal disciplines.

During the past two decades, powerful international actors have expressed deep concern about the growing global scarcity of water. To mitigate this environmental problem, they have not turned to environmental politics, policy, and law. Instead, Water Sector Reform (WSR) has focused on political restructuring based on economic principles. Under pressure, Southern governments increasingly abandon their roles as water providers, and turn over water services to private actors, who commodify and commercialize water. The resulting changed regulatory environment may seriously impact the physical environment that supports human and nonhuman life. In this chapter, I focus on WSR’s cornerstone principles and resulting policy edicts. I focus in particular on the World Bank, which has driven economic and political solutions to problems of environmental scarcity, and explain how these principles and policy solutions have played out in India. To assess how these solutions do or don’t adhere to principles of environmental law, I examine sources of that law including constitutions, international water law, and customary international environmental law. Throughout I offer ideas on how WSR might change to align solutions to water scarcity and inequitable distribution with principles of environmental law.

The article is devoted to defining the concept and essence of the principles of criminal executive law. The article analyzes the general theoretical concepts for defining the term “principles of law”. The author’s positions of the compilers of explanatory, etymological and other dictionaries on the definition of the principles of law are considered. The positions of domestic scholars in the field of criminal executive law on this issue are studied. It is noted that most definitions of the principles of criminal executive law are based solely on one aspect of criminal executive reality, which is the activity of execution of punishments. Based on this area of criminal executive activity, an idea of the current, basic provisions of the current criminal procedure law has been formed. The article emphasizes the mandatory consideration of such a direction as serving a sentence when determining the key, fundamental provisions of criminal executive law, taking into account the category of principles. This direction actually embodies the subjective composition, which according to the specifics of criminal-executive relations belongs to the sphere of serving sentences. First of all, this direction is related to the person of the convict, as well as other persons involved in this process. This category of persons also includes representatives of local authorities, self-government, public and religious organizations, etc. The article focuses on and expresses the author’s position on the definition of the principles of criminal executive law and mandatory consideration of key elements that fully reflect their essence. Such elements include the perception of principles as: 1) fundamental, conceptual ideas of the relevant branch of law; 2) criteria of subjective, human perception of events, phenomena within certain legal relations; 3) key elements of the structure and functioning of legal mechanisms. Given this, the principles of criminal executive law have the following meanings: a) doctrinal; b) perceptual; c) regulatory. The proposed elements fully reflect the substantive component of the principles of criminal executive law.

The article researches theoretical approaches to understanding the principles of law in criminal law science. It is the principles on which law is based in general that ensure the system of law and its potential. The principles of criminal law find their constitutive (mandatory) manifestation in the norms of the criminal law in accordance with the essential legal nature of these fundamental principles of law, and, of course, these provisions must be taken into account during lawmaking and law enforcement. This is an axiom for each and every branch of law, including criminal law. At the same time, a single coherent doctrine of legal principles has not yet been created, which would form the basis of the development of branch principles. In the hierarchy of principles of modern criminal law of Ukraine, justice should be at the top. One of the main properties of the principles of law is their understanding as the spirit of law, and therefore the justified expediency of their direct application to fill the gaps in criminal law or in the situation of overcoming illegal criminal law. The principles of law are a guide for the law enforcer in the situation of legislative discretion or illegal law. Unlike the draft Criminal Code of Ukraine, the current Criminal Code of Ukraine does not contain a separate section devoted to the principles/general principles of criminal liability. At the same time, it would be an exaggeration to claim that the current criminal law is completely devoid of fundamental principles of law. Therefore, understanding the essence and meaning of the fundamental principles of law within one or another branch of law has not only theoretical, but also purely practical significance. Key words: principles of law, criminal law, theoretical foundations, legal principles, branch principles, justice, system of principles, natural law, positive law, hierarchy, non-legal law, criminal responsibility.

Purpose. The purpose of the article is to determine the essence and features of the concept of justice as a defining principle of criminal law. The relationship between form and matter (compliance of law with such categories as justice, equality, freedom, humanism) is the component that characterizes the essential basis of criminal law in relation to the regulation of social relations. Methodology. In order to achieve the set goal, a comprehensive analysis of the available information regarding the analyzed problem was carried out and conclusions and proposals were formed on their basis. The following methods of scientific knowledge were used during the research: dialectical, systemic-structural, terminological, systemic-functional, historical, normative-dogmatic, generalization method. Originality. As a result of the conducted research, it was established that the term «justice as a defining principle of criminal law» expresses the essential basis of criminal jurisprudence and is its main theoretical component. Scientific novelty. Systematization and generalization of the levels of theoretical and legal understanding of the concept of «justice as a defining principle of criminal law» was carried out for the first time. Practical significance. The understanding of the concept of justice as a principle of criminal law is not something rigid, defined. What is considered fair today, that is, determined by this principle, may be rejected tomorrow. In the norms of criminal legislation, the implementation of this principle must «keep up with the times» and correspond to the realities of life. Of course, a big step forward has been made in resolving the contradictions that have arisen. In addition, research results can be used in law-making and human rights protection activities regarding the implementation of current criminal legislation during wartime. Research results can be used in law-making and human rights protection activities regarding the implementation of current criminal legislation during wartime.

The article analyzes theoretical approaches to the understanding system of principles of environmental protection law in Ukraine and the Republic of Poland. The author interprets fundamental normative-legal acts and summarizes views of Ukrainian and Polish scientists regarding the understanding of fundamental basics of environmental-legal regulation of social relations. The system of principles of environmental protection law of Ukraine is traditionally derived from the normatively established list of principles in Art. 3 of the Law of Ukraine “On Environmental Protection”. At the same time, more generalized or, conversely, detailed lists of the principles of environmental protection law are presented in educational and scientific Ukrainian legal literature. The Polish fundamental law on environmental protection does not contain a single list of principles, but includes a number of separate articles, united under the category of general principles of environmental- legal regulation. In the Polish environmental-legal doctrine (as well as in the Ukrainian one) there is no single approach to the systematization of principles. The article states the main approaches presented in the scientific literature and the proposed system of principles in the doctrines of both states, which coincide in many positions. At the same time, the author notes the tendency of recent years, both among Ukrainian and Polish scientists, to a broader analysis of principles of environmental protection law, which are based on general principles of EU law, such as justice, proportionality, subsidiarity. In a narrow understanding of principles of environmental protection law, scientists emphasize the principle of sustainable development, prevention, an integrated approach, and ensuring public participation. In environmental protection law of Poland, the principle of integration is of particular importance, which implies the need to take into account environmental protection issues in various sectoral policies, strategies, plans. In Ukraine, the principle of the ecosystem approach is gaining actual importance and significant attention in works of scientists.

The path that the Latvian normative regulation in criminal law and the Latvian criminal law doctrine took to arrive at the possibility of turning against legal entities by criminal law measures was neither fast nor simple. The initial position was that regulation like this would be incompatible with the basic principles of Latvian criminal law since, historically, psychological understanding of guilt has been characteristic in the Latvian criminal law, guilt is identified with a person's mental attitude towards the criminal offence, and guilt also is one of the grounds for criminal liability. It was not clear how this understanding of guilt could be compatible with punishing such "legal fiction" as a legal person in the framework of criminal law. Ways, in which Latvia could adjust its legal regulation to various international normative documents that Latvia had acceded to, at the same time leaving the dominant basic institutions of the Latvian criminal law theory unaffected, were sought rather reluctantly. Discussions that lasted for years resulted in the inclusion into the Criminal Law coercive measures, existing outside the system of criminal penalties, applicable to legal persons, likewise, several criteria were defined as the grounds for applying these coercive measures to legal persons, the central of which was a criminal offence, committed by a natural person who was connected to the legal person, in the interests of the legal person or as the result of insufficient control by this legal person. Accordingly, criminal procedural regulation was created, which to a large extent equalled a legal person to an accused natural person in criminal proceedings. Although the criminal law and criminal law regulation, which provides for the possibility to apply criminal law coercive measures to legal persons in the framework of criminal proceedings has existed in Latvia for already 16 years, these criminal law instruments have started taking their place in the practice of applying law only in recent years, simultaneously also revealing deficiencies in the legal regulation, already now providing sufficient material for analysis to be used for improving these legal norms.

The article analyzes the links between the basic principles of criminal law of Ukraine and the principles governing criminal law protection of professional activities of law enforcement agencies. Special attention is paid to the study of interaction and impact of these principles on law enforcement. The author refers to the contributions of national scholars who have studied the nature of certain principles of criminal law and offers a systematic analysis for further improvement of the regulatory framework. The author emphasizes that modern changes in criminal law should reflect not only historical experience, but also modern challenges that require a deeper understanding and application of the principles of justice, legality, humanism and democracy. The author also emphasizes the need to enshrine the principles in the new edition of the Criminal Code of Ukraine in order to comply with international standards and ensure legal certainty and objectivity of law enforcement. According to the author, there is a need for greater clarity and systematization of the principles of criminal law, and their inclusion in the Criminal Code will help ensure greater transparency and efficiency in their application. The author of the article emphasizes the importance of the principles of criminal law proposed by P. L. Fries, which form the basis for criminal law protection of professional activities of law enforcement agencies, but also emphasizes the possibility of their expansion. In particular, the author proposes new articles for the Criminal Code of Ukraine which include the principles of legality, equality before the law, guilt, justice, individualization of punishment, personal nature of responsibility, humanism, and inevitability of responsibility. The author comes to the conclusion that the principles of criminal law protection of the professional activities of law enforcement agencies are based on constitutional and criminal law principles. The basic principles such as the rule of law, justice, equality before the law, individualization of punishment, and inevitability of liability form the structure of protection of law enforcement officers’ rights. An analysis of the principles which are repeated in constitutional and special criminal provisions shows that it is inappropriate to allocate separate principles for law enforcement officers. The author proposes a two-tier system of principles for effective criminal law protection which avoids duplication of categories and ensures systematic and rational law application.

Criminal law enforcement in cracking down on the provisions of environmental protection and environmental protection law (Law No. 32 of 2009) is not the only means of enforcing environmental law. In addition to criminal sanctions stipulated in Law no. 32 of 2009 on UUPPLH there are still other sanctions for individuals and corporations that violate the provisions in the protection and management of the environment. The principle of ultimum remedium is the principle of criminal law, in which criminal punishment or punishment is an alternative or last resort in law enforcement including law enforcement in the field of living environment, while primum remedium is the opposite of ultimum remedium where criminal law enforcement through criminal sanction in the form of imposition of suffering against a person As well as corporations are preferred in law enforcement including enforcement of environmental law. Law No. 32 of 2009 on Environmental Protection and Management in enforcing its criminal provisions emphasizes the application of premature remedium principles in enforcing environmental criminal law.