Differentiation of criminal liability for environmental crimes

This article analyzes the constituent elements of environmental offenses. It argues that the terms “crimes against the environment” and “environmental crimes” can be treated as synonyms, considering that the Criminal Code of the Russian Federation recognizes the natural environment as a legitimate object of protection when defining the tasks of criminal law (see Part 1 of Article 2) and regulates environmental issues in Chapter 26 of its Special Part, entitled “Environmental Crimes.” The differentiation of criminal liability is also governed primarily by the provisions of the Special Part of the Criminal Code of the Russian Federation, which distinguish among its grounds, limits, and forms based on the nature, typical degree of public danger of the offense, and typical personality traits of the offender. The Special Part of the Criminal Code of the Russian Federation generally relies on qualifying circumstances when applying liability rules. However, these factors cannot be the only criteria in making decisions about liability. Given the intrinsic worth and benefits of environmental protection for both individuals and society as a whole, the elements of environmental crimes should be set out in a separate section, following Section VIII “Crimes Against the Economy” of the Criminal Code of the Russian Federation. The analysis shows that recent legislative developments have expanded the number of qualifying elements of environmental crimes, which are commonly used to differentiate the liability for environmental wrongdoing.