Land is the main wealth of humanity. Throughout history, it provides people with food, it is the main source of life. However, with the increase in the scale of human activity, environmental problems have arisen - the soil is subject to pollution and erosion. Over the past century, erosion has affected 26% of the total area of land used in the agricultural sector.
Russia is one of the most polluted countries in the world. The ecological situation in the country is characterized by extreme heterogeneity: 65% of the country's territory is wild nature, 15% is actively used by the population for industrial purposes. This part is in critical condition. Damage to land, pollution of water bodies and air have a negative impact on people's health. For this reason, the legislation of the Russian Federation pays significant attention to the protection of natural objects, in particular, the protection of land.
Legislation of the Russian Federation on land damage
The legal basis for Russia's environmental policy is presented in the Constitution in Article 42.
Other regulations governing environmental safety in the Russian Federation:
- federal laws: Federal Law No. 89-FZ of June 24, 1998, etc.;
- codes: Land Code of the Russian Federation, Water Code of the Russian Federation, Code of Administrative Offenses of the Russian Federation and Criminal Code of the Russian Federation.
- Government resolutions: Order of the Government of the Russian Federation dated July 8, 2015 No. 1316-r, etc.;
- sanitary standards;
- building codes.
Criminal Code
Criminal liability for damage to land is provided for in Art. 254 of the Criminal Code of the Russian Federation. The term “land” refers to a legally protected natural object that includes the surface soil layer.
The first two parts of this article define the signs of a socially dangerous act that falls into the category of a crime of minor gravity. Part three reveals the signs of a crime of moderate gravity.
Corpus delicti
The corpus delicti is a set of objective and subjective characteristics , the presence of which defines a socially dangerous act as a crime. The corpus delicti under Art. 254 of the Criminal Code of the Russian Federation, material. This means that the crime is recognized as committed from the moment the consequences specified in the law occur.
The subject of the crime is the surface layer of the earth - soil .
The main object of this crime is the environmental safety of society .
An additional object is human health, the state of flora and fauna. In a particularly qualified crime, human life is also considered as an additional object. The objective side of the crime is expressed in action or inaction . The first - active behavior - assumes that a person uses methods when cultivating land that lead to its damage. The second – passive behavior – means that a person does not comply with environmental safety requirements, resulting in damage to agricultural land.
At what age can a person be held criminally liable for damaging land? The subject of a crime is considered to be a person who has reached the age of 16 years, or it can also be an official. The subjective side of the crime is expressed in direct or indirect intent or negligence.
A crime with direct intent is a situation when a person is aware of the social danger of his actions, foresees and desires the occurrence of dangerous consequences. In turn, indirect intent is a situation when a person knows about the consequences and is indifferent to them.
Negligence is understood as a situation where a person committed a crime due to inattention or frivolity, but, due to his official and professional position, should have had sufficient competence to cause dangerous consequences.
Minor crime
Signs of this type of crime include acts that cause harm to human health or the vitality of nature:
- land poisoning - damage to the land by toxic substances;
- land pollution - deterioration of the quality of the top layer of soil as a result of industrial activity or an accident;
- land littering - placing any type of waste (domestic, industrial) in unidentified places;
- depletion or flooding of land - irrational use of land resources.
Responsibility for damage to land in this case involves one of the following penalties:
- a fine of up to 200 thousand rubles or in the amount of the convicted person’s wages for a period of up to 18 months;
- deprivation of the right to hold certain positions for up to three years;
- deprivation of the right to engage in a certain type of activity;
- compulsory work for up to 480 hours.
If the criminal act was committed in an environmental disaster zone or in an environmental emergency zone, then criminal liability for damage to land includes punishment in the form of restriction or imprisonment for up to two years or forced labor for up to two years.
Note 1. Commentary to Art. 254 of the Criminal Code of the Russian Federation indicates that an environmental disaster zone is a territory of the Russian Federation where profound irreversible negative changes in the environment have occurred (decrease in animal population, water and air pollution, etc.).
Note 2. An environmental emergency zone is a territory where sustainable negative changes occur in the natural environment that pose a significant threat to public health.
Moderate crimes
If a criminal act led to the death of a person , then the crime acquires a medium degree of severity. It involves punishment in the form of compulsory labor for up to five years or imprisonment for the same period.
Interesting on the topic:
Responsibility for violating the regime of specially protected natural areas and natural objects
Violation of rules of protection and use of subsoil under Article 255 of the Criminal Code of the Russian Federation
Responsibility for violation of rules for the protection of aquatic biological resources
Exemption from criminal liability
The release of a person from criminal liability is defined in Articles 75 and 78 of the Criminal Code of the Russian Federation. Article 75 of the Criminal Code of the Russian Federation speaks of exemption from criminal liability in connection with active repentance. This article presents the following conditions under which a person is exempt from criminal liability :
- The crime was committed for the first time.
- The crime is of minor or moderate severity.
- Repentance for what they have done, voluntary confession.
- Help in solving a crime.
- Compensation for damage caused.
The final stage in the case of releasing a person from liability under Art. 75 – the conclusion of the competent government agency that there is no need to bring this person to criminal liability.
Article 78 of the Criminal Code of the Russian Federation provides for exemption from criminal liability due to the expiration of the statute of limitations. The article indicates the terms of each type of crime, after which the person is released from liability :
- two years – a crime of minor gravity;
- six years – a crime of medium gravity;
- ten years is a serious crime;
- fifteen years is a particularly serious crime.
The statute of limitations is calculated from the moment the crime was committed until the court verdict.
Attention! Deadlines are frozen if a person avoids investigation and trial.
Criminal and administrative liability for damage to land: what is the difference?
September 30, 2020
Despite the similarity in name, the articles “damage to land” (an administratively punishable act) and “damage to land” (a criminal offense) have significant differences.
For damage to land, Art. Article 254 of the Criminal Code of the Russian Federation provides for criminal liability. Land spoilage consists of poisoning, contamination or other damage to the land by harmful products of economic or other activities due to violation of the rules for handling fertilizers, plant growth stimulants, pesticides and other hazardous chemical or biological substances during their storage, use and transportation, resulting in harm to human health or environment.
Poisoning is the saturation of the soil with pesticides or poisonous (toxic) products of economic activity, as a result of which the soil becomes dangerous to the health of people, animals, insects, plants and other organisms and the use of it can cause their death. Pollution consists of a physical, chemical, biological change in the quality of the soil, which exceeds established standards for harmful effects and poses a threat to human health, the state of flora and fauna.
Other damage to the earth (as well as poisoning or pollution) is associated only with violation of the rules for handling hazardous chemical or biological substances. Therefore, other damage to the land does not include clogging the land with garbage or waste, setting up landfills without permission, landfills, damaging the land with sewage and mechanical means (demolition of the fertile layer, violation of land reclamation rules, digging ditches, dumping dumps, flooding, contributing to the formation of ravines and wind damage). erosion, etc.). These acts can only entail administrative liability. Other damage may include rendering the land unusable due to the appearance of dangerous chemical compounds in it after the use of fertilizers or pesticides in violation of the rules, the proliferation of dangerous organisms, pests, or the destruction of beneficial organisms.
The above actions are carried out using the means listed in the law: fertilizers, plant growth stimulants, pesticides and other dangerous chemical or biological substances.
As qualifying criteria entailing the application of a more severe type and amount of punishment, Parts 2 and 3 of Article 254 of the Criminal Code of the Russian Federation provide for the fact of committing the same acts in an environmental disaster zone or in an environmental emergency zone (Part 2) or which negligently resulted in the death of a person (part 3).
To bring a person to criminal liability, it is not enough just to commit the above actions - the consequences provided for by criminal law must necessarily occur. They are expressed in harm to human health or harm to the environment, i.e. death of vegetation, herbivores and other animals, bringing the soil into a state unsuitable for use in agriculture or for performing environmental functions.
For damage to land, Article 8.6 of the Code of Administrative Offenses of the Russian Federation provides for administrative liability. Unlike an article with a similar name regulated by criminal law, administrative legislation provides for liability for land damage for the unauthorized removal or movement of fertile soil (Part 1) and for the destruction of fertile soil, as well as damage to land as a result of violation of the rules for handling pesticides and agrochemicals or other substances and production and consumption waste hazardous to human health and the environment (Part 2).
Unauthorized removal of the fertile layer of soil means its separation from the surface of the earth without permission. Unauthorized movement of the fertile soil layer is a change in the spatial location of the fertile soil layer carried out without proper permission. The destruction of the fertile soil layer can be a consequence of mechanical action, for example, the demolition of the fertile layer during construction, laying roads; failure to carry out measures for land reclamation, passage of heavy vehicles, etc.
Damage to land as a result of violation of the rules for handling pesticides and agrochemicals or other substances and production and consumption waste hazardous to human health and the environment is a deterioration in its quality as a result of anthropogenic activities associated with the circulation of hazardous substances and waste, deprivation of fertile soil, increase amount of chemicals or radiation level, etc. The objective side represents actions to introduce into the land physical, chemical, biological substances, compounds, organisms that are not characteristic of it, therefore, the subject of proof in the case under consideration includes the fact of the occurrence of consequences in the form of damage to land.
The sanction under criminal law provides for criminal punishment ranging from a fine in the amount of up to two hundred thousand rubles or in the amount of wages or other income of the convicted person for a period of up to eighteen months (under Part 1) to imprisonment for a term of up to 5 years (under Part 3). The sanction under administrative law is punishment in the form of an administrative fine (for legal entities, administrative suspension of activities is also possible).
Thus, the main difference between Article 254 of the Criminal Code of the Russian Federation and Article 8.6 of the Code of Administrative Offenses of the Russian Federation lies in the list of criminally punishable acts included in the objective side of the crime, and in the occurrence of more serious adverse consequences.
Prepared by the Prosecutor's Office of the Pronsky district
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Administrative Code
Another regulatory document ensuring soil protection is the Code of Administrative Offenses of the Russian Federation. Article 8.6. includes liability for damage, littering, clogging and contamination of land, as well as for unauthorized removal and movement of the fertile layer of soil .
Punishment:
- for citizens – a fine of up to 3 thousand rubles;
- for officials - from five to 10 thousand rubles;
- for legal entities – from thirty to 50 thousand rubles.
Decrease in soil fertility as a result of violation of rules for working with agrochemicals.
Punishment:
- for citizens - an administrative fine of up to 3 thousand rubles;
- for officials – up to 10 thousand rubles;
- for entrepreneurs (without creating a legal entity) – from 20 to 40 thousand rubles or suspension of any commercial activity for up to 90 days;
- for legal entities - from 40 to 80 thousand rubles or suspension of any activity for up to 90 days.
Reference. Commentary on Article 8.6. The Code of Administrative Offenses of the Russian Federation explains that the fertile layers of the earth include black soil. And the fertility of agricultural land is determined by the ability of the soil to satisfy the needs of plants for minerals, water, air and heat.
Second commentary to Art. 254 of the Criminal Code of the Russian Federation
1. Land poisoning is characterized by the saturation of the soil with pesticides or poisonous (toxic) products of economic activity, bringing it to a state where, as a result of anthropogenic activity, it becomes dangerous to the health of people, animals, insects and other organisms. Pollution is a physical, chemical or biological change in the composition of the soil that exceeds established maximum standards for harmful effects and poses a threat to human health, the state of flora and fauna. Another type of land damage is the partial or complete destruction of the fertile layer of soil, resulting in the loss of its fertility and overall reduction in natural and economic value.
2. Causing harm to human health should be understood as causing harm to health of any degree of severity to one or more persons. The content of the consequence in the form of harm to the environment is similar to the content of the same consequence provided for by other norms on environmental crimes.
3. The subjective side is characterized by both intentional and careless forms of guilt.
4. The subject of the crime is a person who has reached the age of 16, who, by the nature of his professional activity or privately, stores, uses or transports fertilizers, plant growth stimulants, pesticides and other dangerous chemical or biological substances.
5. On the concepts of zones of environmental disaster or environmental emergency, see the commentary to Art. 247 of the Criminal Code.
