Responsibility for Damage to the Surface Layer of the Land: Problems of Jurisprudence in the Russian Federation

Abstract

The purpose of this study was a comprehensive analysis of the current legislation and law enforcement practice in the Russian Federation to develop proposals for improving the mechanism of bringing to responsibility for causing harm to the surface layer of the earth. The subject of the study is the current legislation and judicial practice on the selected issue, in which ineffective aspects of coercive measures in the designated area were developed. The methodological basis of the study consisted of such methods as comparison, analysis, complex system method, induction, deduction, as well as the formal legal method. The main developers of this problem are Anisimov A. P., Ivakin V. I., Sukhova E. A. and some others. The results of the work were conclusions about the ineffectiveness of the enforcement system in cases involving damage to the soil. The low legal awareness of the population was revealed due to the lack of environmentally oriented measures of responsibility for land offenses. This is also due to the lack of a clear mechanism for compensating such harm by the forces of the perpetrator. The authors consider it necessary to develop more specialized administrative responsibility structures to increase the importance of soil protection in the current conditions, as well as to unify the mechanism of compensation for damage to the soil "in kind". The conclusions and suggestions obtained in the course of the study on optimizing the existing system of bringing responsibility into account are valuable for their practical application, as they allow paying attention to the existing problems of the law enforcement officer and will ensure the improvement of legislation.