Environmental protection standards in the light of the theory of criminalization and the expansion of the incentive mechanism of criminal law regulation of public relations

Authors

  • A. G. Avdey Yanka Kupala State University of Grodno image/svg+xml
  • T.G. Khatsianevich BIP – University of law and social-information technologies

DOI:

https://doi.org/10.17308/vsu.proc.law.2022.1/3727

Keywords:

criminal law regulation, environmental safety, natural environment, criminal law prohibition, legal protection of public relations, incentive standards

Abstract

The article analyzes the norms provided for in Chapter 26 “Crimes against Ecological Safety and the Environment” of the Criminal Code of the Republic of Belarus and establishing criminal liability for environmental crimes. Objective and subjective criteria of acts criminalized in environmental protection standards are revealed. These are the criteria that reflect in concentrated form the social danger of the act in question and indicate the need for a restraining criminal law. It is determined that the effectiveness of warning, regulatory and enforcement functions of the law in the environmental safety may be provided by balanced combination of forced sanctions of criminal law and legal incentive measures.

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Author Biographies

  • A. G. Avdey, Yanka Kupala State University of Grodno

    Candidate of Juridical Sciences, Associate Professor, Head of the Department of Modern Technologies of Adult Education, Institute for Advanced Studies and Retraining

  • T.G. Khatsianevich, BIP – University of law and social-information technologies

    Candidate of Juridical Sciences, Associate Professor of the Department of Special Legal Disciplines

References

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Published

2021-11-29

Issue

No. 1 (2022): January – March

Section

Criminal Law. Criminal Process. Criminalistics