Environmental Criminal Enforcement in Poland and Russia: Meeting Current Challenges

Solodov, Denis; Zębek, Elżbieta

doi:10.36633/ulr.532

Cited by 7 publications

(6 citation statements)

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“…When there are criminal and civil cases concerning the environment, which impedes realizing SDGs, the appropriate authorities in Ghana ensure justice, like the police, judges, and prosecutors backed by the EPA Act 490. Solodov & Zebek (2020) affirms and concludes in their research that environmental protection through criminal law has a binding effect in Poland and Russia. It is different from the case of the United States, which considers criminal sanctions to achieve environmental goals.…”

Section: Resultsmentioning

confidence: 76%

Achieving Sustainable Development Goals

Aboagye

Effah

Mensah

2022

RISUS

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The environment plays a vibrant role in sustaining human life such that without a suitable environment, humans will find it difficult to survive. The 1992 Constitution of the Republic of Ghana mandates an excellent and healthy environment for all. Hence, it’s a human right that must be upheld and needs a collective effort to sustain it. Thus, the state, government, and stakeholders must protect and manage the environment to implement sustainable development. The Ghanaian environment can support Ghanaians in line with implementing the Sustainable Development Goals (SDGs). SDGs have since 2015 become the regulating framework driving global development discussions. This paper examines the nexus between environmental law enforcement and implementing SDGs in Ghana. The researchers adopted a complete interpretative document analysis for this study, which showed the careful but rigorous investigation of environmental law enforcement and SDGs. This technique confirmed the genuineness of the information studied and interpreted in the study. The study found that environmental law enforcement and the implementation of SDGs in Ghana are directly linked. Thus, the regulation aligns with the goals of 6, 7, 12, 13, 14, and 15 of the SDGs directly associated with environmental sustainability. Also, environmental law enforcement in Ghana through the Environmental Protection Agency (EPA) concerning Environmental Protection and Management is protective and suppressive. This study further unravels that a supervisory outline is mandatory to enable sustainable development within Ghana’s environmental protection and law enforcement issues and to guarantee its alignment with SDGs. This should be established based on the participation of stakeholders. As a result, the researchers recommend that the government establish strong management and accountability in sustainable development by measuring, supervising, revising, and evaluating their growth towards meeting SDGs in environmental issues geared towards achieving SDG targets and frequently communicating their development to the public.

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Section: Resultsmentioning

confidence: 76%

Achieving Sustainable Development Goals

Aboagye

Effah

Mensah

2022

RISUS

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“…Directive 2008/99/EC introduced significant changes to the criminal law affecting the environment of many EU countries. Nevertheless, despite the resulting extension of criminal provisions and further tightening of sanctions, the problem lies in the law enforcement of the amended provisions, which creates many challenges (Solodov, Zębek 2020). One of the issues is in providing clarity of the legal regulations.…”

Section: Discussionmentioning

confidence: 99%

Important issues in select European Union countries’ criminal environmental law in compliance with Directive 2008/99/EC

Zębek

2021

Vestnik SPbSU. Law

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This article analyzes issues in criminal environmental law in Poland, the Czech Republic and Germany, which implemented the provisions of the European Commission Directive 2008/99/EC. The provisions of this directive changed the scope of protection of environmental resources in these countries’ penal codes to varying extents. These three countries have been relatively successful in comprehensively implementing criminal directive provisions. This included changes in the special protection of Natura 2000 sites and ozone depleting substances. Legal systems are generally based on prevention and risk assessment, and the basic conditions of criminal responsibility for environmental crimes include “significant damage, causing damage to the health of another or animals and plants, damage to other property and also water, air, soil and environmental components which have significant value”. Additional aspects include environmental damage over larger areas and restoration costs. However, the greatest current problem is the vague definition of conditions of criminal responsibility, which makes it difficult to enforce legislation. The following postulates de lege ferenda were formulated: clarify the premises for offenses against the environment, specify the costs of remedying environmental damage, define critical emission standards for environmental crime, as well as specify activities in protected areas that threaten objects. This article emphasizes that an increased and better definition of the conditions of criminal responsibility for environmental crimes enacted by EU countries may contribute to more effective enforcement of infringements of environmental protection law.

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“…Environmental criminal law provides for measures targeting the most serious environmental offenses and improving the enforceability of environmental provisions (Solodov and Zębek, 2020). Consequences of violations of environmental law in the context of armed aggression against Ukraine are difficult to predict, but it is possible to provide for responsibility for them, in particular criminal responsibility.…”

Section: Nataliia Barabash Igor Paryzkyi Eduard Rasiuk Bohdan Telefan...mentioning

confidence: 99%

The Criminal Law Aspect of the Violation of Environmental Law in the context of armed aggression against Ukraine

et al. 2022

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The objective of the study was to analyze, in a comparative legal framework, violations of environmental law in the context of armed aggression against Ukraine. The research method was a dialectical combination of the proven general and private scientific methods of legal knowledge. They emphasize in the Research Results that scientific advances can be used to solve the serious problems that arise in the legal regulation of criminal liability for environmental crimes in the context of armed aggression against Ukraine, as well as in general processes aimed at improving the environmental situation as a whole. It is concluded that the problems of criminal liability for environmental crimes in the context of armed aggression against Ukraine are managed, as far as doctrine is concerned, in the need to study the problems that currently exist in this area, in order to develop effective means of combating environmental crimes. In this regard, the optimization of the solution of environmental protection problems as a result of aggression against our State is possible on the basis of inter-State cooperation.

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Environmental Criminal Enforcement in Poland and Russia: Meeting Current Challenges

Cited by 7 publications

References 0 publications

Achieving Sustainable Development Goals

Achieving Sustainable Development Goals

Important issues in select European Union countries’ criminal environmental law in compliance with Directive 2008/99/EC

The Criminal Law Aspect of the Violation of Environmental Law in the context of armed aggression against Ukraine

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