Penitentiary liability for environmental crimes

Abstract

Speaking about the social importance of preventing crimes in the field of the environment, it is worth noting the danger of consequences caused by these acts. The planned course of the policy of humanization of criminal law has an ambiguous effect on the reduction of environmental crimes. As a result, in places of deprivation of liberty there are persons convicted (including for environmental crimes) in respect of which cases of acquiring the status of a persistent violator of the sentence serving regime are not excluded. The article discusses the problems of changing the legal status of those convicted of environmental crimes. A structural, retrospective and comparative legal analysis of the concept of «malicious violator» in the legislation is carried out. The study analyzes the points of view of scientists who determine the legal personality of a convicted person for environmental crimes. On their basis, the goals and objectives are synthesized to establish the doctrinal positions of the legal personality of malicious violators of the penitentiary regime, their features and specific features are given. In particular, the issues of the emergence of their legal capacity, capacity to act and «delictual capacity» are disclosed. Summarizing the discussion conducted in the study, the authors cite their own concept of a malicious penitentiary violator, highlighting the special legal status of a convicted person for crimes in the field of ecology.