Viktor Iv. Ivakin - Candidate of Law, associate professor, Russian University of Transport (MIIT)
Abstract. The current paper has considered the legal aspects associated with the operation of such a type of transport as cars, and their impact on the environment. The most important component of the problem is the identification of the so-called “narrow” sides and the solution of issues of direct environmental and legal responsibility. It should be noted that in this case we could talk not only about a category that includes, among other things, various types of coercion, including administrative responsibility, but also about a legal mechanism that contributes to a certain extent to reducing the negative impact of designated vehicles, both on the atmospheric air and in general for the environment. In this regard there have been analyzed administrative and legal norms, where there have been established punishments for these environmental offenses. There have been studied sanctions applied for the indicated acts contained in the Code of Administrative Offenses of the Russian Federation and other acts, among which the most common both in Russia and other states, is an administrative fine. However, its amounts for such offenses in different countries, including the Republic of Belarus and Kazakhstan, differ significantly. So, in Russia the limit of this punishment did not change for a long time. This circumstance testifies not only to the inefficiency of the norms, but to the inattention to this issue on the part of both environmental and law enforcement agencies. In this regard, there have been formulated certain proposals aimed at improving legislation in the debatable area of public relations. There has been proposed to introduce an environmental fine into the draft environmental code of the Russian Federation, the application of which is possible for the above offenses along with a similar punishment established by the Code of Administrative Offenses of the Russian Federation and the Criminal Code of the Russian Federation, but independently of them. The paper has also provided an analysis of the activities of the relevant subjects, namely the bodies and officials who have the right to bring to the designated type of legal liability.
Keywords: road transport; responsibility; pollution; atmospheric air; environmental penalty.
- Khot'ko, O. A. Yuridicheskaya otvetstvennost' za nesoblyudeniye ekologicheskikh trebovaniy pri osushchestvlenii transportnoy deyatel'nosti [Legal liability for non-compliance with environmental requirements in the implementation of transport activities] / O. A. Khot'ko // Transportnoye pravo i bezopasnost'. ― 2019. ― № 1 (29). ― S. 100—105.