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Криминалистика. Криминалистическая характеристика экологических преступлений (самое важное)

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84. CRIMINALISTIC CHARACTERISTICS OF ENVIRONMENTAL CRIMES

There are quite a number of different investigative situations, but there are a few of the most common:

1) primary information about the fact of pollution, deterioration, damage to the land, water and air environment and other objects of environmental protection comes from the bodies exercising state environmental control. The main control bodies are the Ministry of Natural Resources and the Organization of Sanitary and Epidemiological Surveillance. Partial control functions are carried out by the bodies of Gosgortekhnadzor and Gosatomnadzor. The received inspection materials usually contain information about the circumstances of the incident; its sources; the most likely reasons; the fact of violation of standards for maximum permissible harmful effects resulting in pollution of the environment. This situation most often occurs when rivers, lakes, seas, land, and less often air basins are polluted. A short period of time usually passes from the moment of contamination;

2) the primary information is the same as in the first situation, but a lot of time has passed from the moment of contamination to the initiation of a criminal case. Traces of pollution have been partially preserved or almost disappeared. The sources of pollution have not been preserved in their former form. There are documents and witnesses;

3) primary materials are reports of individual citizens, public environmental organizations about the fact of pollution. The case is initiated based on the materials of the inspection of the scene. Traces of pollution are almost completely preserved.

Inspection of the scene of the incident and other objects in a situation where traces of the deed remain, it is advisable to carry out as soon as possible. Inspection is preferably carried out with the participation of appropriate specialists.

The following are being questioned as witnesses:

1) eyewitnesses of pollution;

2) persons who were the first to discover this fact;

3) employees of control bodies;

4) officials, ordinary employees of the enterprise and other persons.

The main task of the interrogation of witnesses is to collect information:

1) about the circumstances and signs of pollution of water, air, soil, etc.;

2) on the deterioration of the state of natural objects (on the decrease in the quality of air, water, unsuitability for use);

3) on the mechanism and causes of pollution;

4) about the persons responsible for the incident; about organizational, technical and other shortcomings of production activities that contributed to the deed.

During the investigation, environmental expertise may be appointed, during which issues related to veterinary medicine, ichthyology, biology, chemistry, technology, medicine, hydrometeorology and other sciences are resolved. As experts, it is desirable to invite specialists from relevant research and higher educational institutions, related industrial enterprises and bodies for monitoring compliance with laws on environmental protection of nature. For the purpose of the most thoughtful appointment of forensic examinations and the best preparation of materials for their production, it is advisable to consult with specialists who conducted departmental, interdepartmental and extradepartmental inspections before their appointment.

Authors: Aleinikov A.G., Salova E.E.

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