DISADVANTAGES OF THE CRIMINAL CODE NORMS ON LIABILITY FOR ENVIRONMENTAL CRIMINAL OFFENSES AND WAYS TO ELIMINATE THEM

Authors

  • Ramazan Kumarbekovich Sarpekov
  • Sаttar M. Rakhmetov

Keywords:

environmental criminal offenses, environmental safety, criminal law measures of struggle, improvement of criminal legislation, shortcomings in law enforcement practice

Abstract

The negative influence of man on nature has jeopardized his life and health, the living conditions of present and future generations of mankind. Therefore, the Constitution of the Republic of Kazakhstan imposes on citizens the obligation to preserve nature (Article 38 of the Constitution of the Republic of Kazakhstan). Due to the growing number of environmental criminal offenses recorded annually in our country, the environmental situation in the country is alarming.  The author believes that the norms of the Criminal Code of the Republic of Kazakhstan have a number of shortcomings that do not allow to effectively combat environmental crime. In particular, sanctions of the Special Part of the Criminal Code, which provide for punishment for environmental criminal offenses, set excessively mild penalties that do not correspond to the danger of the specified offenses. In this regard, the author proposes to amend the sanctions of some articles of the Criminal Code on liability for environmental criminal offenses. In addition, it is proposed to supplement the Criminal Code with new articles that will contribute to a more complete criminal and legal protection of the environment.

The article discusses the shortcomings of law enforcement practice in the process of applying the Criminal Code of responsibility for environmental criminal offenses. Attention is drawn to a flagrant violation of the principle of the inevitability of responsibility and punishment for environmental criminal offenses. The statistics provided by the author show that for more than three quarters of environmental criminal offenses registered in Kazakhstan in 2017, the perpetrators are not condemned, since criminal prosecution, even for the majority of completed criminal cases, ends at the stages of pre-trial investigation or in court. This practice is harmful, because it increases the number of environmental criminal offenses.

 

Published

30.09.2018

How to Cite

Sarpekov . Р. К., & Rakhmetov С. М. . (2018). DISADVANTAGES OF THE CRIMINAL CODE NORMS ON LIABILITY FOR ENVIRONMENTAL CRIMINAL OFFENSES AND WAYS TO ELIMINATE THEM. Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 4(53). Retrieved from https://vestnik.zqai.kz/index.php/vestnik/article/view/395