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ON THE QUESTION OF THEORETICAL AND PRACTICAL PROBLEMS OF ADMINISTRATIVE LIABILITY FOR ENVIRONMENTAL OFFENCES AT THE PRESENT STAGE

E. V. Pozdnyakova

Abstract

This article deals with the features of legal regulation of administrative liability for environmental offenses in the Russian Federation, as well as the main difficulties encountered of its implementation. The legislator is paying more and more attention to ensuring environmental safety as one of the most important directions of the domestic policy. In this paper there is a conclusion about the variety of legal acts in this sphere at the present stage. Also the authors determine the main modern theoretical and practical problems arising in the process of regulation and law enforcement of administrative liability for environmental offenses. There are some significant difficulties in distinguishing criminal and administrative liability for acts in the field of environmental protection and management. The practical activity of authorities and officials on detection, prevention and consideration of cases on ecological administrative offenses is also not effective. Most of them do not have the necessary level of special training in the field of ecology, which indicates their low awareness in the field of environmental management. The authors analyze the regulatory framework and the works of researchers and come to conclusion that legislative norms and structures have many disadvantages in this legal sphere. There is no uniformity and order in the environmental legislation that leads to serious obstacles of bringing to administrative liability. The article suggests key directions of problems elimination and further improvement of administrative legislation in the field of environment. The use of this key directions into practical use will contribute to the formation of effective mechanisms for the prevention of environmental offenses and environmental management, as well as ensuring environmental safety. During the research and formulation of problems the authors used a general scientific methods (analysis, synthesis, comparison, forecasting, classification) and a number of specific scientific methods (formal legal, formal logical, system-structural and comparative legal ones).

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DOI resolver: doi.org/10.5593/sgem2019/5.4/s23.068

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