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Peculiarities of Legal Regulation and Investigation of Environmental Crimes

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Sakharuk Anatolii
Sakharuk Anatolii
Lawyer
Ukraine / Kyiv

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Publication date: 06.06.2024

Peculiarities of Legal Regulation and Investigation of Environmental Crimes

                                                                            

Introduction

Environmental crimes, such as illegal logging, water pollution, illegal hunting and other types of environmental damage, have serious consequences for nature and society. Effective legal regulation and investigation of such crimes are key elements in ensuring environmental safety. In this article, we will consider the main features of legal regulation and investigation of environmental crimes.

 

Legal Regulation of Environmental Crimes

 

International Norms and Standards

  • International treaties: The main international acts regulating environmental protection and combating environmental crimes are the UN Convention on Biological Diversity, the UN Framework Convention on Climate Change, and others.
  • Regional agreements: The European Convention on the Conservation of Wild Flora and Fauna and Natural Habitats, the Aarhus Convention, and other regional agreements set additional standards for participating countries.

 

National Legislation

  • Environmental codes: Many countries have specialized environmental codes or laws that define the legal framework for environmental protection and liability for environmental crimes.
  • Criminal codes: Special sections of the criminal codes provide for liability for environmental crimes, including illegal pollution, illegal deforestation, poaching, and other crimes.

 

Peculiarities of Environmental Crimes Investigation

 

Complexity of Detection and Evidence

  • Long-term nature of crimes: Many environmental crimes are long-term in nature, making them difficult to detect and prove. For example, the illegal pollution of water resources can take years before its effects become apparent.
  • Complexity of examinations: Investigating environmental crimes often requires complex scientific examinations that require specialized knowledge and equipment.

 

Specialized Units and Bodies

  • Environmental police: In some countries, there are specialized police units dedicated exclusively to investigating environmental crimes.
  • Environmental protection agencies: Specialized government agencies and inspectorates oversee compliance with environmental laws and may be involved in investigating crimes.

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International Cooperation

  • Transboundary nature: Many environmental crimes are transboundary in nature. For example, illegal waste movement or poaching may involve several countries.
  • International organizations: Interpol and other international organizations are actively involved in the fight against environmental crime by coordinating the actions of law enforcement agencies from different countries and exchanging information.
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