Land law. Criminal liability for land offenses (most important)

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Land law. Criminal liability for land offenses (most important)

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59. CRIMINAL LIABILITY FOR LAND OFFENSES

Persons guilty of committing land offenses criminal liability in the manner prescribed by law. Persons guilty of committing crimes, i.e., socially dangerous acts prohibited by the Criminal Code of the Russian Federation under threat of punishment, bear criminal liability.

The Criminal Code of the Russian Federation provides for crimes related to land relations. For example, in Art. 254 of the Criminal Code of the Russian Federation "Damage of the earth" provides for liability for poisoning, pollution of the earth with harmful products due to violation of the rules for handling fertilizers, plant growth stimulants, pesticides and other hazardous chemical or biological substances during their storage, use and transportation, resulting in harm to human health or the environment environment.

The Criminal Code provides for crimes related to land and other environmental relations:

1) violation of the rules of environmental protection in the course of work, violation of the rules for handling environmentally hazardous substances and waste, violation of safety rules when handling microbiological or other biological agents or toxins;

2) violation of veterinary rules and rules established for the control of plant diseases and pests, water pollution, air pollution, marine environment pollution, violation of the legislation of the Russian Federation on the continental shelf and on the exclusive economic zone of the Russian Federation;

3) illegal harvesting of aquatic animals and plants, violation of the rules for the protection of fish stocks, illegal hunting, destruction of critical habitats for organisms listed in the Red Book of the Russian Federation, illegal felling of trees and shrubs, destruction or damage to forests, violation of the regime of specially protected natural areas and natural objects and etc.

The crimes related to land relations are the following acts.

Violation of environmental protection rules in the course of design, placement, construction, commissioning and operation of industrial, agricultural, scientific and other facilities by persons responsible for compliance with these rules, if this entailed a significant change in the radioactive background, causing harm to human health, mass death of animals, or other serious consequences.

Production of prohibited types of hazardous wastes, their storage, burial or other handling of substances and wastes in violation of the established rules, if these acts created a threat of causing significant harm to human health or the environment.

Violation of safety rules when handling microbiological agents, if this caused harm to human health, the spread of epidemics or epizootics, or other serious consequences.

Poisoning, pollution or other damage to the land by harmful products of economic or other activities due to violation of the rules for handling fertilizers and other hazardous substances during their storage, use and transportation, resulting in harm to human health or the environment.

Bringing a person guilty of committing land offenses to criminal responsibility does not relieve him of the obligation to eliminate the committed land offenses and compensate for the harm caused by them.

Author: Medentsov A.S.

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