Przestępstwa przeciwko środowisku w Polsce i Rosji – problemy prawa, ścigania i dowodzenia
Environmental crimes in Poland and Russia – legal, prosecutorial and proof challenges
Author(s): Denis SolodovSubject(s): Criminal Law, Environmental and Energy policy, Methodology and research technology, Criminology, Environmental interactions, Penal Policy
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: environmental crime; harm assessment; environmental forensics; expertise; methodology; standardization; the evaluation of the expert opinion;
Summary/Abstract: Criminal prosecution in the environmental criminal cases is typically associates with numerous challenges. Above all, the imperfection of the construction of legal norms providing for criminal responsibility makes them difficult to prosecute and to proof. Another factor is the specificity of the environment itself. The dynamics of its elements, as well as the dependence of their condition on many, not always transparent, easy to determine factors affects the accuracy of damage assessment and makes it extremely difficult to establish cause-and-effect relationships. The high dependency on expert opinions should be noted as well. There are issues related to the lack of standardized expert’s methodology, commonly accepted scientific guidelines, the credibility of the opinions presented by the private experts in the field. The article discusses current challenges related to the environmental criminal responsibility in Poland and Russia.
Journal: Studia Prawnoustrojowe
- Issue Year: 2019
- Issue No: 43
- Page Range: 297-312
- Page Count: 16
- Language: Polish