Year: 2024
Type: article
Abstract: The sanction of the criminal law norm is of great importance in the implementation of criminal policy in the field of environmental protection, determining the effectiveness of the implementation of the tasks of criminal law in this area. The sanctions of Chapter 26 of the Criminal Code of the Russian Federation reflect the model of the state’s reaction to the committed environmental crime. As a result of the conducted research, it was found that the legislator, when forming the sanctions of the considered chapter of the criminal law, chose the option of weak differentiation of criminal liability for environmental crimes. In particular, the presence of non-alternative sanctions, along with sanctions providing for an alternative punishment in the form of “one of two”, indicates the absence of a clear model of differentiation of responsibility in this area. The legislator’s approach to determining an alternative to punishments for environmental crimes in the form of a fine or imprisonment for a certain period was criticized. The decision to establish dominance in the frequency of its use in the sanctions of Chapter 26 of the Criminal Code of the Russian Federation in the form of imprisonment for a certain period of time, taking into account the categorization of environmental crimes, looks extremely controversial. It has been established that determining the amount of punishment according to the principle of “up to” in relation to punishments not related to deprivation of liberty is appropriate. However, this option is absolutely unacceptable in determining the amount of punishment in the form of imprisonment for a certain period. It is revealed that the option of determining the amount of imprisonment based on the principle of setting only the upper limit of punishment devalues the importance of categories of crimes. This does not allow us to take into account the influence of qualifying signs on the degree of public danger of environmental crimes, and belittles the role of the legislator in determining the limits of punishment and differentiation of criminal liability. It is concluded that the mechanism for the formation of sanctions of Chapter 26 of the Criminal Code of the Russian Federation is imperfect and needs deep and high-quality adjustments.
Source: Academic Law Journal
Author: Irina Kravchenko
Institution: Baikal State University
Language: English
Topic: Criminal Law and Policy
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W4410835925