CURRENT ISSUES OF CRIMINAL AND LEGAL IMPACT ON LEGAL ENTITIES FOR ENVIRONMENTAL OFFENCES

Abstract

This article summarises the results of research into several conceptual issues concerning criminal law measures that can be applied to legal entities for environmental offences. These issues are considered in light of the achievements of European and American research and law enforcement practices. The article demonstrates that criminological literature views environmental crim e as a global, transnational activity in which legal entities play an active role. However, there is currently no consensus on the criminal law impact on legal entities for environmental offences, in terms of both its expediency and form (with or without criminal liability). It has been established that, in general, the American and European approaches demonstrate an overlap in the list of criminal law measures (penalties) against legal entities. These measures can be monetary or non-monetary. The main monetary measure is a fine. Among the non-monetary measures, probationary supervision and monitoring of the activities of a legal entity are notable. The EU Directive on environmental crime is particularly important for establishing a pan-European standard in this area The need to improve domestic criminal legislation has been recognised. In this regard, the following proposals have been made: a) environmental criminal offences should be grounds for applying criminal law measures to legal entities; b) the list of these measures should be expanded to include an analogue of probation supervision for legal entities, which could include external or internal monitoring of compliance with relevant rules and regulations. Interdisciplinary comparative legal studies aimed at forming a systematic approach to ensuring environmental safety through criminal law, including influencing legal entities, are considered promising