Environmental Crime Research Articles

Social-legal theory as an understanding tool of legal practice: an investigation on environmental crimes in the Amazon region

Social-legal theory as an understanding tool of legal practice: an investigation on environmental crimes in the Amazon region

Financial instruments to counter the exploitation of natural resources

Currently, the financial activities of the state cover all areas of the country's economic activity, including all monetary relations between all entities producing tangible and intangible assets within the country and foreign countries, as well as interstate relations and with all international funds. The state’s implementation of financial activities is aimed at its own provision of financial resources to fulfill its most important tasks: creating a material and technical base for the education and systematic increase of the “middle stratum” of society, increasing the material and cultural standard of living of the civilian population, ensuring the economic and military security of the country, promoting the strengthening of international cooperation. The exploitation of natural resources is seen as one of the ways in which terrorist organizations control and hold territory. This issue also relates to how terrorist organizations finance themselves through criminal activities and possible links to organized crime groups. Such criminal activities include extortion, smuggling, theft, illegal mining, kidnapping for ransom, corruption and environmental crimes. Since the main sources of extremism and terrorism are unresolved, constantly growing social contradictions and intertwined with them negatively influencing social processes, phenomena or conflicts in certain spheres of public life. And addressing the issues of countering the financing of terrorism today is the most important in the modern world.

Measures to combat organized environmental crime in Ukraine

Measures to combat organized environmental crime in Ukraine

Использование Big Data при назначении и проведении судебно-экологических экспертиз

The article explores contemporary issues and questions related to the application of forensic environmental expertise within the framework of preliminary investigations, and evaluates its role in law enforcement activities. The research formulated and proposed the main tasks of forensic environmental expertise at the current stage, highlighted its features, and identified problems associated with the imperfection of the current methodological support for this type of forensic examination. Based on the analysis of empirical material and law enforcement practice data, the problem of insufficient awareness among investigators and inquiry officers regarding the current prospects for using specialized knowledge in investigating environmental crimes was identified. To address the identified problems and optimize the entire process of investigating this group of criminal cases, measures were proposed for the implementation of technologies based on the use of Big Data in the activities of law enforcement officers and expert institutions.

Despatriados por uma organização petroquímica: A dimensão ética na abertura da estratégia

Abstract Purpose: This article debates the open strategy process, understanding the social pressure on companies as a highlighted dimension within the context of formulating strategy. Originality/value: Within corporate environmental and social crimes and negligence, companies can maintain their closed strategies and try to avoid institutional and social protests by responding ceremonially. To analyze this relationship, we use the theoretical framework of open strategy, assuming a practical perspective of this worldwide social phenomenon, and we also propose a discussion agenda for the ethical dimension of formulating strategy. Design/methodology/approach: We have conducted a documental case study of the Braskem “geological phenomenon” which occurred in Maceió, Alagoas, in 2018 using newspaper reports from Folha de S.Paulo and Estadão, as well as business reports. Based on these documents, we debate the corporate environmental crime that occurred (ecocide), which caused great losses on the part of the local residents. The documents were analyzed using content analysis and interpreted in light of the delineated theoretical framework. Findings: We emphasize the importance of including the ethical dimension in debates about open strategy and propose a reflection about taking this opening seriously. Openness is built from a dialogic perspective, and social practices are considered a social-historic and culturally situated framework.

Regulation of Environmental Crimes in the Context of Corporate Compliance with Legal Requirements

Regulation of Environmental Crimes in the Context of Corporate Compliance with Legal Requirements

Environmental crime prevention: Theory and practice issues

The article provides an analysis of the provisions of the domestic legislative framework and legal doctrine, examines the author’s approaches and opinions on the prevention of crimes, and offenses in the field of environmental protection and nature management. Vulnerable components of preventive activities of public authorities and public organizations are outlined, the author's conclusions on the stated topic are presented taking into account the requirements of today, and an attempt to accumulate theoretical material on the issues of environmental security of the state in the context of globalization and integration processes is made.

Higher Neighborhood Crime Rates Don't Always Predict Early Initiation of Tobacco, Marijuana, and Alcohol.

The initiation of substance use during adolescence is a significant public health concern with long-term implications. Structural and environmental factors, such as community-level crime statistics related to drug offenses, are often assumed to influence the likelihood of substance use among youth. However, the relationship between these environmental crime indicators and early substance use initiation in adolescents is not well understood. This study aims to examine the association between environmental drug-related crime statistics-derived from Uniform Crime Reports, including drug abuse violations, drug sales, marijuana sales, drug possession, and driving under the influence (DUI)-and the use of tobacco, marijuana, and alcohol among adolescents aged 9-16 in the United States. Data from the Adolescent Brain Cognitive Development (ABCD) study, which follows a cohort of adolescents from ages 9-10 to 16, were analyzed. 11,878 participants entered our analysis. The primary environmental measures included total drug abuse violations, drug sale offenses, marijuana sale offenses, drug possession offenses, and DUI reports. Substance use outcomes of interest were the frequency and prevalence of tobacco, marijuana, and alcohol use across the observed age range. Contrary to expectations, higher levels of drug-related crime in a community were not associated with increased use of tobacco, marijuana, or alcohol among adolescents. In fact, the study found a significant inverse relationship between the total number of drug-related crimes and tobacco use, suggesting lower tobacco use in areas with higher reported drug abuse violations, drug sales, marijuana sales, drug possession, and DUI incidents. No significant associations were observed between these crime indicators and the use of marijuana or alcohol. These findings challenge the prevailing assumption that higher environmental drug-related crime statistics necessarily predict greater substance use among adolescents. The observed inverse relationship between drug-related crime and tobacco use warrants further investigation to understand the underlying mechanisms and to inform targeted intervention strategies. Future research should explore the complex interplay between structural environmental factors and youth substance use to better inform public health policies.

Strategic analysis of green finance crime to strengthen green economy in emerging markets

Green finance crime is money laundering stemming from illegal environmental destruction activities. Indonesia is experiencing this problem, where the number of forest clearing, plantations, and mining is increasing, but the results are not enjoyed by the surrounding community, and only enjoyed by a few people and corporations through illegal mechanisms. Ordinary legal mechanisms have not been able to prevent and crack down on green finance crimes in Indonesia. This study aims to analyze green finance crimes in order to optimize green economy transformation in Indonesia. This study used the juridical-normative method. The purpose of this study is to determine the risk mitigation measures for green financial crime in Indonesia. The result of this study is that the problem faced by Indonesia is that it does not understand environmental crime as a criminal act originating from money laundering so the instruments used to overcome this crime are still conventional. Coupled with the ever-evolving, various modes of washing are complex and involve different legal systems in different countries. This makes green finance crime difficult to eradicate with ordinary legal instruments. Thus, the authors propose mitigating legal risks through joint investigations covering multiple devices, multiple institutions, multiple laws and regulations, and multiple sanctions to overcome this.

The Right to Clean Air in International Documents and Iranian Law, and Its Criminal Guarantees

Clean air is a crucial element of the right to a healthy environment. At the same time, air pollution is a form of environmental pollution that has detrimental effects on human life, putting the health of the environment and citizens at serious risk. This has made the examination of the right to clean air in international documents and Iranian law, as well as its criminal guarantees, a necessity. Based on this premise, the aim of the present article is to examine the approach of Iranian law and international documents towards the right to clean air and its criminal guarantees. This article is descriptive-analytical and uses a library research method to investigate the subject at hand. The findings indicate that both Iranian law and international documents support the right to clean air, and governments are obligated to enact the necessary laws and ensure compliance with these laws. On the international level, there is little to no discussion of criminal guarantees for the protection of this right because the criminal sanctions for environmental crimes have not developed sufficiently. However, domestically, in Iran, the legislator has prescribed penalties such as imprisonment and fines to protect both the right to clean water and clean air. Nevertheless, these enforcement mechanisms do not seem to be particularly deterrent.

Environmental expertise and its importance for ensuring natural resource security

This article is devoted to the important procedural institute of environmental expertise, which has been created relatively recently in the domestic legal process. Environmental safety should not be reduced to the elimination of the occurred harmful consequences, prognostic moments and propaedeutic activity are very important, which requires a special type of control and application of special knowledge for these purposes. The introduction shows the complexity of organization and implementation of environmental expertise, outlines the scope of analytical objectives included in the considered segment. The authors study the material, procedural and tactical aspects related to this institute; show the significance of its development for environmental protection. In the course of description of materials and methods of research, conclusions are formulated about the demand for this format of research, prospects of its use in proving criminal and civil cases. The idea of the complexity of the definition of the expert objective in the highlighted segment is substantiated, as there are no clear ideas about the capabilities of science in this special field. The results obtained in the paper are presented in the form of concrete proposals for determining the paths of development of the considered institution. According to the authors, the complex researches carried out at the intersection of related spheres of specialized knowledge are most in demand. This approach allows to broaden the subject of analysis and gives the obtained results theoretical and applied validity. The methodological basis for the study of the selected moments is based on the combination of axiological aspects and systemic principles with the application of the activity component. The methodological part reveals and substantiates the most effective means and ways of this kind of research for investigation of environmental crimes and consideration of civil law disputes related to natural objects. The discussion formulates the reasons that hinder the development of this type of expertise, with certain proposals to overcome them.

Уголовно-правовая охрана водных объектов: национальный, зарубежный и международный опыт

Current issues related to the legal protection of water bodies, ensuring their increasing value in modern conditions, are revealed. The issues of legal protection under consideration are relevant both at the international and domestic levels. The purpose of the study is to consider the negative impact of the weakening of the administrative regime in the field of environmental protection, which affects the application of measures of criminal law and procedural coercion against those responsible for causing significant harm to natural resources. Administrative law is closely related to criminal law; therefore, in practice, administrative penalties prevent damage to the objects of encroachment (public relations in the field of rational use of natural resources), which can develop into a socially dangerous consequence of the crime. General scientific and specifically legal methods are used as research methods. The main attention is paid to the method of analysis. It is established that the creation of a unified basic methodology that would help investigative and inquiry authorities increase the percentage of detection of criminal and administrative cases of environmental crimes is currently not possible. The intersectoral nature and blanket nature of the norms significantly distinguish such acts from each other. The lack of professional training of investigators and interrogators, the lack of knowledge and special literature on the investigation of environmental crimes, of course, cannot have a positive effect on curbing crime in this area.

Substantial damage to surface water in the context of the environmental crimes

The water resources are very important for maintaining an adequate food supply and a productive environment for the all living organisms. However, illicit activities can pose a severe threat to...

Environmental responsibility as an element of legal culture of the population

The article is devoted to the dynamics of ideas about environmental responsibility on the example of approaches of domestic and foreign legislation, with the justification of allocation of this track as an independent type of legal responsibility. In the introduction the concept of environmental responsibility and the system of measures to ensure it are given. Emphasis is placed on the high level of public danger of crimes in the sphere of nature management and environmental protection. The constant interest of the scientific community in the formation of basic approaches in the considered area is noted. In the course of the description of materials and methods of research the conclusions are formulated that the normative provisions are largely formal in nature, not finding practical application. The main results of the research are presented in the article in the form of concrete proposals to improve the current domestic legislation by reforming the classification of environmental crimes, expanding the criminalization of acts of the relevant group. It is necessary to define clear criteria of differentiation between administrative, civil and criminal-legal prohibitions, which is important not only for law enforcement bodies, but also for the society as a whole. The methodological basis is shown by the objects of legal protection in the sphere of nature management, based on the principles of axiological, activity, historical and logical, comparative and systemic approaches. The methodological block reveals and substantiates the most effective means and ways of environmental safety protection, structures propaedeutic measures. Such forms as conferences are most actively used. Among the set of methods presented in the work the priority is given to design and modelling. The discussion formulates the reasons that prevent the strengthening of environmental safety, names the conditions for overcoming the population's detachment from the systemic counteraction to such violations.

<span>Accountability for Environmental Crimes in Conflict Zones: Why Expanding the International Criminal Court's Jurisdiction Is not the Best Solution</span>

<span>Accountability for Environmental Crimes in Conflict Zones: Why Expanding the International Criminal Court's Jurisdiction Is not the Best Solution</span>

The challenges related to whistleblowing in the field of environmental crime prevention

The challenges related to whistleblowing in the field of environmental crime prevention

기후온난화와 기후변화가 범죄양상에 미치는 영향과 초국가적 환경범죄의 등장

This article aims to study on the impact of global warming and climate change on the criminal patterns and the meaning of the transnational environmental crime. Nowadays human activities have caused global warming and climate change through the use of fossil fuel and this finally generates the environmental harm or environmental crime. Unlike the past, the recent environmental crime happens not in one country or region but in the international or global level. Recently owing to the development of traffic vehicles like airplane or ship or car, some crimes are committed across the nations: for example, illegal trade of timber, arms, animals or polluting substances, so the environmental crimes are committed across the nations or global level, therefore it is called as the transnational environmental crime. The transnational environmental crime(TEC) means the environmental crime which happens across the nations or global level, and it is not easy to estimate the size of the TEC, so a lot of criminal gangs or organized crime are connected with the TEC. For example, criminal gangs or organized crime deliver the waste or E-waste like cellular phones or computers to the poor country illegally, are concerned with the illegal dumping of polluting substances, do the illegal trafficking of timer or animals like tigers or rhinos. However, each nation or UN has not proper countermeasures to the TEC, so the size of TEC is growing over the years, and more kinds of TEC is created by the criminal gangs or organized crime. Therefore it is needed to make a proper means to prevent TEC in the global level.

Investigating the Role of Law Enforcement in Preventing Environmental Crimes Related to Industrial Waste in Specific Regions of Ethiopia

Environmental crimes related to industrial waste refer to illegal activities conducted by industrial factories that pose harm to the environment and human health. In many developing nations, law enforcement agencies underestimate the prevalence of such crimes. This study focuses on investigating the role of law enforcement institutions in preventing industrial waste-related environmental crimes within selected regions and city administrations of Ethiopia. Employing a qualitative research approach with an exploratory design, the study used key informant interviews and document analysis as data collection tools. The researchers purposively selected sample regions (Amhara, Oromia, Sidama, and Harari) and two city administrations, engaging participants from law enforcement bodies (regional police, code enforcement (Militia)), environmental protection authorities, and communities. The findings reveal that although there are national and international laws addressing industrial waste-related environmental crimes, their enforcement is limited because of a lack of awareness about the legal framework within the country. Environmental protection authorities play a significant role in enforcing environmental laws and standards compared to other law enforcement agencies. Opportunities for preventing industrial waste-related environmental crimes include existing environmental laws, community participation, stakeholders, and addressing environmental cross-cutting issues. Conversely, challenges to effective prevention include a lack of cooperation among law enforcement bodies, limited awareness about crimes, insufficient resources, and misperceptions by responsible bodies. Based on these findings, the study proposes suggestions to strengthen law enforcement agencies.

Enforcement of Law Against Corporations That Commit Environmental Crime and Transnational Crime

Objective: This research wants to explore the following. Analysis of Environmental Crime as a Transnational Crime Involving Corporations and Analysis of Law Enforcement Problems Regarding Company Responsibility as Perpetrators of Environmental Crime. Methodology: This research is a normative legal research based on empirical cases using a statutory approach. Techniques for obtaining through Normative law by researching legal material, primary, secondary legal material, and also tertiary legal material. In empirical legal research, data collection techniques exist 2 (two) techniques that can be used, either individually or together. An interview is a direct question-and-answer session between researchers and respondents or sources for getting information. Results: The results of this research show that the problems in law enforcement against corporations in environmental crimes can be grouped as follows: There is no legal provision that regulates the definition of corporations, or sanctions for corporations that commit environmental crimes; Law enforcement is still offender oriented without any legal protection for victims; Weak evidence and lack of expert witnesses. Document study is a method of collecting data use and study documentation or documents in the form of archives, notes, and tables, places used as research. Conclusion: Environmental crime is a transnational crime because most environmental crimes often involve corporations. Legal regulations for environmental crimes against corporations are still very difficult to implement and encounter various problems. The problem of law enforcement against corporations can be grouped with legal provisions governing corporations, for corporations that commit environmental crimes, due to weak evidence and a lack of expert witnesses.

Applying In Dubio Pro Natura in Environmental Crime Cases: Legal Perspectives in Indonesia

Applying In Dubio Pro Natura in Environmental Crime Cases: Legal Perspectives in Indonesia