Legislative Regulation of Criminal Liability for Environmental Crimes in the BRICS Countries

IF 0.3 Q3 LAW Statute Law Review Pub Date : 2021-04-06 DOI:10.1093/SLR/HMAB008

L. V. Ivanova, R. Minin, Galina V. Perezhogina

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引用次数: 1

Abstract

One of the areas of cooperation between the BRICS countries is the joint solution of environmental problems, in particular, air and water pollution by harmful emissions, waste management, climate change, biodiversity conservation, as well as the implementation of joint ‘green’ environmental projects. The aim of the study is to identify the features of criminal environmental protection in the BRICS countries. The leading method for studying this problem is the method of analysis of legal acts of the Russian Federation, the Federative Republic of Brazil, the Republic of India, the People’s Republic of China, and the Republic of South Africa, which establish criminal liability for infringements in the field of environmental protection. As a result of the study, the norms contained in the Brazilian Law on Environmental Crimes, in the Criminal Code of Russia, China, as well as in the laws of India and South Africa, which protect the air, land, water, animal, and plant life, were studied. The practical significance of the study is determined by the necessity to introduce liability for environmental crimes in individual countries that are members of the BRICS. It was concluded that it is necessary to develop supranational provisions to ensure environmental protection by legal means.

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金砖国家环境犯罪刑事责任立法规制

金砖国家之间的合作领域之一是共同解决环境问题，特别是有害排放造成的空气和水污染、废物管理、气候变化、生物多样性保护，以及实施联合“绿色”环境项目。本研究的目的是确定金砖国家刑事环境保护的特点。研究这一问题的主要方法是分析俄罗斯联邦、巴西联邦共和国、印度共和国、中华人民共和国和南非共和国的法律行为，这些法律行为规定了环境保护领域侵权行为的刑事责任。研究的结果是，研究了巴西《环境犯罪法》、俄罗斯、中国《刑法》以及印度和南非法律中保护空气、土地、水、动物和植物生命的规范。这项研究的实际意义取决于在金砖国家成员国中引入环境犯罪责任的必要性。得出的结论是，有必要制定超国家条款，以通过法律手段确保环境保护。

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Statute Law Review LAW-

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期刊介绍： The principal objectives of the Review are to provide a vehicle for the consideration of the legislative process, the use of legislation as an instrument of public policy and of the drafting and interpretation of legislation. The Review, which was first established in 1980, is the only journal of its kind within the Commonwealth. It is of particular value to lawyers in both private practice and in public service, and to academics, both lawyers and political scientists, who write and teach within the field of legislation.