SCIENTIFIC COLLECTION «INTERCONF» | № 3(39)
976
At first sight, the criminal laws in which the criminal responsibility for water
pollution, assigns it to the category of “dangerous”
crimes are more progressive,
ensuring a more efficient protection of the waters through criminal law measures.
However, in our view, the need to determine the “danger” sign combined with other
“significant damage”, “other serious consequences” and other assessment signs can
significantly reduce the effectiveness of this rule. In modern practice in the fight against
environmental crime, there is no standard method and cannot be developed, according
to which the collaborators of the law enforcement bodies can establish with precision
and procedural proof, that as a result of pollution of aquatic or atmospheric objectives
human life and health or the environment. Indeed, this is based on the fact that the field
of ecological relations is unusually wide. For this reason it is practically impossible to
take into account all natural factors (temperature impact, unexpected precipitation,
accumulation of actions of other substances, etc.), which influence the occurrence or
elimination of the danger of concrete damage as a result of water pollution.
The fixing of the formal components in the criminal
codes of the countries
specified above confirms that a very important importance for the legislator of these
countries is the ecological security of the waters. Attracting criminal liability for the
simple act of committing the illegal action and the existence of an immediate danger
of damage, when it does not have to prove the presence of a certain damage in the
conditions of complex causal relationships, which depend on a wide range of natural
factors, will allows to avoid law enforcement problems, will increase the effectiveness
of resistance to water pollution. This experience can be used by the local legislator in
the event of amending art. 229 CP RM.
Not in vain the specialists from the countries that, the criminal legislation presents
the crime of water pollution in the form of the material composition indicate the
existence of problems in its application, a similar situation of application of the norm
discussed in the practice of the Republic of Moldova.
Another conclusion is that the composition of the crime of water pollution in the
Criminal Code of the Republic of Moldova must
be subject to changes by
SCIENCE AND PRACTICE: IMPLEMENTATION TO MODERN SOCIETY
977
reformulating the basic provision and replacing the rule with certain qualifying
circumstances. This conclusion is based on the study and analysis of the laws of other
states, which contain circumstances for the crime of water pollution.
We believe that the development of environmental
legislation in developing
countries must be done in the light of the ecological situation in that country, taking
into account the experience of other states, their environmental policies to improve
criminal law regulations in the protection of water. A similar situation for the Republic
of Moldova.
However, it should be noted that the positive experience in the field of study of
foreign countries, it is necessary to assess adaptively to the
conditions of the legal and
cultural system of the Republic of Moldova.
Do'stlaringiz bilan baham: