The Role of the Institute of Exemption from Criminal Liability in Ensuring Ecocriminological Security

Abstract

The paper is devoted to the study of ensuring ecocriminological security in the field of using the potential of the institute of exemption from criminal liability of persons who have committed environmental crimes. The author’s conclusions are based on statistical data concerning the grounds for criminal cases dismissals for the period from 2018 to 2022 and judicial practice concerning application of different types of exemption from criminal liability to persons who have committed environmental crimes. The paper examines the features of the application of certain types of exemption from liability. The author examines a shift in emphasis in law enforcement to the use of a judicial fine as opposed to the current trend towards the restrictive use of a fine in the form of punishment against the persons in question due to their personality characteristics that prevent the restriction of their property sphere. The author highlights the existence of ambiguous approaches of courts to establishing the grounds for the application of exemptions from criminal liability of persons who have committed environmental crimes. The tendency to absorb active repentance by a judicial fine has been revealed. It is concluded that there are no grounds for stating reconciliation with the victim in relation to environmental crimes. The author focuses on the established model for redistributing the frequency of use of certain types of exemption while maintaining the average annual number of discharged persons. The established practice of applying the institution of exemption from criminal liability of persons who have committed environmental crimes lacks uniformity in the interpretation of the grounds for its application. The problem of practical use of the humanistic approach of securing a safe environment from criminal influence requires in-depth theoretical understanding and development of a strategy for the development of this approach. Expansion and improvement of the practice of using non-repressive methods of influence is acknowledged as a promising direction for ensuring ecocriminological safety, if the effectiveness of law enforcement practice in this area is increased.