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Title

Problems of distinguishing of crimes against environment and crimes described in Chapter 16 of Criminal Code of the Rusian Federation

Authors

РОРОV Igor Vladimirovitch, Cand. Sc. Law, Associate Professor of the Department of Criminal Law, Omsk Academy of Law, 12, Korolenko Str., 644010 Omsk, Russian Federation. E-mail: magistr-igorpopov@rambler.ru

Section

Criminal Legal Doctrine

Issue

5/2013

Page

101-103

index UDC

343.775 (470)

index LBC

Х408.133(2)

Abstract

Criminal environmental pollution may cause harm to human health. Such penal consequences are described in the Art. 246, part 1,2, Art. 247, Art 248, part 2, Art 250, part 2, Art 251, part 2, Art 252, and part 1, Art 254 of the Criminal Code of the Russian Federation. In this case the rules of Chapter 25 of the Criminal Code of the Russian Federation compete with provisions of Chapter 16. The author proves that if the injury is caused indirectly though the impact of environmental pollution (air, water and soil bodies) the act is qualified by the norms of Chapter 26 of the Criminal Code of the Russian Federation. The

problem is solved by the rule of competency between the general and special rules. The general rules are the rules of Chapter 16, the special are those of Chapter 26. This conclusion is justified in the article.

Keywords

environmental offences, crimes qualification, competency of rules.

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