Open AccessPunishable water pollution: act or consequence?
Author(s) -
Yu A Tymoshenko
Publication year - 2015
Publication title -
rossijskij žurnal pravovyh issledovanij
Language(s) - English
Resource type - Journals
eISSN - 2410-7522
pISSN - 2410-4965
DOI - 10.17816/rjls18084
Subject(s) - legislation , legislature , criminal code , criminal law , code (set theory) , law , political science , term (time) , computer science , physics , set (abstract data type) , quantum mechanics , programming language
On the basis of the analysis of legislative structures of the Criminal Law, stipulating the responsibility for the pollution of waters, the provisions of sectoral legislation, as well as the court practice, it is concluded that the term «pollution» in Art. 250 of the Criminal Code used to describe the act, whereas Articles 246, 247, 257 of the Criminal Code - socially dangerous consequences. The use of this approach in the design of criminal prohibitions when the same term is used in the description of how to act, and the consequences, creates many difficulties for law enforcers. To resolve these discrepancies need to make changes, so that in accordance with the rules of legislative technique to adjust the articles of the Criminal Code.