Criminal legislation improvement of environment protection as eco-protective means of Russian Federation

Abstract

The paper is dedicated to Article 246 of the Criminal Code of the Russian Federation which provides for the criminal responsibility of infringement of environment protection rules during work performance. The paper presents both general scientific (empirical data processing technique and system-based structural technique) and private-law (benchmarking analysis and history-based law) research approaches. Based upon comprehensive environmental legislation research as well as current criminal regulation measures in industrial production and other manufacturing activities, the author comes to a conclusion that infringement of environment protection rules during work performance is a failure to comply with requirements, approved techniques, technical regulations in the environment protection field for a specific kind of production along with the failure to comply with different standards in the environment protection field. To recognize a person as a legal entity under Article 246 of the Criminal Code of the Russian Federation, one should pay attention not only to legal confirmation of obligation to enforce environment protection rules during work performance or to monitor compliance, but also an actual execution without being enshrined in law. The author brings a new wording for Article 246 of the Criminal Code of the Russian Federation as well as its supplementary Part 2 and Part 3.