Takhir S. Efendiev, Viktor Iv. Ivakin. Administrative liability for environmental offenses on transport
Takhir S. Efendiev - Candidate of Law, docent, associate professor of the department 'Administrative Law, Ecological Law, Information Law' of the Law Institute of the Russian University of Transport
Viktor Iv. Ivakin - Candidate of Law, docent, associate professor of the department ‘Administrative Law, Ecological Law, Information Law’ of the Law Institute of the Russian University of Transport
Abstract. The current paper has considered the urgent issues of the application of administrative liability for environmental offenses. There have been identified the features distinguishing the named category from other varieties of legal liability, particularly from environmental and legal liability. Environmental and legal liability is an independent form of liability being applied also for transport offenses, which, together with others, forms such an institution of law as legal liability in the field of environmental protection. The researchers have made an attempt to classify varieties of administrative liability for environmental offenses. Some attention has been paid to the reasons for applying this form of liability, which are offenses in the field of environmental protection, connected with transport in one way or another. There has been proposed the systematization of such reasons and identified, for example, offenses in the field of forest relations, mining legislation, rules for water protection, rules for atmospheric air protection and others. Among the latter, there have been identified administrative environmental offenses committed in rail, air, river, sea, pipeline transport. Also, the current paper has considered administrative penalties that are imposed for offenses in this area of relations. They are a warning, an administrative fine, confiscation of the instrument or subject of an administrative offense, deprivation of a special right, administrative suspension of activity.
Keywords: transport; administrative liability; environmental offenses; means of transport; environmental protection; environmental and legal liability; subjects; objects; penalties.
- Lipinskiy, D. A. Obshchaya teoriya yuridicheskoy otvetstvennosti [General theory of legal responsibility]: avtoref. dis. … d-ra yurid. nauk. — Saratov, 2004.
- Petrov, V. V. Ekologicheskoye pravo Rossii [Environmental law of Russia]: uchebnik dlya vuzov. — Moskva : BEK, 1995.
- Serkov, P. P. Administrativnaya otvetstvennost': problemy i puti sovershenstvovaniya [Administrative responsibility: problems and ways of improvement]: avtoref. dis. … d-ra yurid. nauk. — Moskva : MGYUA, 2010.