Open AccessSPECIFIC FEATURES OF LEGAL RESPONSIBILITY FOR VIOLATION OF LEGISLATION IN THE SPHERE OF ENVIRONMENTAL SAFETY OF THE CITY
Author(s) -
Роман Кірін
Publication year - 2020
Publication title -
ekonomìka ta pravo
Language(s) - English
Resource type - Journals
eISSN - 2523-4838
pISSN - 1681-6277
DOI - 10.15407/econlaw.2020.03.052
Subject(s) - legislation , harm , business , action (physics) , liability , object (grammar) , space (punctuation) , environmental planning , environmental safety , environmental resource management , risk analysis (engineering) , law , political science , geography , environmental health , economics , computer science , finance , quantum mechanics , artificial intelligence , operating system , medicine , human health , physics
This article about the analysis of the features of legal liability for violation of legislation in the field of environmental safety of the city. It was revealed that the prescriptions of environmental and urban planning legislation establishing legal responsibility have a low level of correspondence with the prescriptions of administrative and criminal legislation. It has been substantiated that the considered acts of subjects in the composition of criminal and administrative offenses against the environment affect directly or indirectly the state of the city’s ecological safety, the consequences of which can vary according to the following indicators: in time; in space; in a circle of objects of influence; in a circle of subjects of influence; quantity and cost; quality; the presence of a causal link between the unlawful act of the identified subject and the fact of causing harm. It is proposed to consider as the most optimal strategy for the development of large cities according to the criteria of environmental safety, firstly, the analysis of options for the development of a particular environmental situation in the city, secondly, making weighted environmental decisions that would minimize deficiencies in management and, thirdly, analysis of the new urban ecological situation and a new adjustment of management decisions. It has been established that the general scheme of the causal relationship of an environmental offense "action – result" has variability, which can manifest itself in the form of links of the form: "environmentally dangerous actions – potential threat to an object", "potential threat — a real threat to an object", "real threat — a dangerous state object", "dangerous state — causing environmental harm". The implementation of the link at the level of "harm — legal responsibility" is also accompanied by certain features: "harm — compensation for harm", "harm — environmental insurance", "harm — environmental prevention".