The Relationship of Criminalization and Legislative Techniques when Creating Criminal Prohibitions in the Sphere of Environmental Safety

Abstract

Despite the fact that the scientific development of the problems of presenting the text of the law being quite a long time, up to the present time no General theory of law, nor in the theory of criminal law has not developed a unified view about how to understand the legislative machinery and, therefore, what its components are. The article examines the main approaches to the understanding of legislative technique and its content. On the basis of the conducted analysis the author comes to the conclusion that the formation of the will of the legislator, aimed at recognition of socially dangerous encroachment on the environment is criminal, and its technical regulation, which is impossible without the use of appropriate tools, which has a legislative technique, the two interrelated and interdependent processes. The author on the basis of use of methods of integrated and comparative study comes to the conclusion that in order to criminalize socially dangerous acts that threaten environmental safety, it is necessary not only to identify criminological and to justify the need for the existence of criminal responsibility for such actions, to identify socially dangerous forms of such behavior, but also the most precisely formulated text of the criminal legal prohibition, which is impossible without using appropriate tools, which has a legislative technique.