Open AccessPrevention of Damage to the Environment in the Regional Judicial Practice
Author(s) -
Татьяна Владимировна Летута,
Elena V. Mischenko
Publication year - 2020
Publication title -
èkologičeskoe pravo
Language(s) - English
Resource type - Journals
ISSN - 1812-3775
DOI - 10.18572/1812-3775-2020-4-21-25
Subject(s) - presumption , institution , political science , law , function (biology) , administration (probate law) , business , biology , evolutionary biology
The article proposes the author`s approach to the solution of the issue of the efficiency of the use of the damage prevention institution in practice. The authors review the regional practice of application of administrative suspension, civil law termination and prohibition of activities of environmental law breachers. Various protection means are compared. The authors conclude that administrative suspension of activities aimed at fulfillment of its main function of interception of environmental offenses requires the law to be supplemented in terms of cases on the need for immediate offense repression. The paper justifies the expediency of application of the presumption of offender`s guilt in effect in respect of other misdeeds provided in the Civil Code of the Russian Federation. Prevention of damage to the environment as a complex legal institution needs its implementation mechanisms to be improved in practice.