SOME ISSUES OF DETERMINING THE SUBJECT OF ENVIRONMENTAL OFFENSES

Abstract

In this article, the authors considered some issues of determining the subject of environmental offenses, including a special subject, as well as issues of ensuring environmental safety.

It is proposed to revise article 15 of the Criminal Code of the Republic of Kazakhstan regarding the determination of the entity who committed the environmental criminal offense and the act recognized as an environmental offense. A person acts on the natural environment of his habitat, not only consuming its resources, but also changing the natural environment, adapting it to solve his practical, economic problems. Because of this, human activity has a significant impact on the environment, subjecting it to changes that then affect the person himself.

Increased relevance is the establishment of criminal liability of legal entities for environmental, economical criminal offenses and for other dangerous acts. It is proposed to envisage criminal liability of legal entities in the structures of environmental criminal offenses, primarily for acts designed on the basis of the compositions of the danger.

The criminal legislation of the Republic of Kazakhstan should also accordingly provide for the prosecution of legal entities in cases of threat of harm to human life and health, death of the animal and plant world, respectively, for putting in danger of harmful consequences.