Ecological Offence: Legislative Review of the Post-Soviet Countries, Europe, the Usa, Japan

Abstract

The aim of the research is problem statement and comprehensive analysis of the legal combating the crimes against environmental safety. The ecological situation in the Republic of Kazakhstan stipulates the need to change the conception of social danger of the ecological offences. The problems of legislation on the preservation of nature in general reflect the social and legal situation in the Republic of Kazakhstan. The contemporary legislation and normative legal documents are unstable, contradictory, deficient and mirror the lack of coordination in legislation. The present study establishes and comprehensively explores the problem of legal combating the crimes against environmental safety. A serious theoretical research is required for proper understanding and evaluation of socially dangerous deeds, stipulated in the Criminal Code of the Republic of Kazakhstan. The study summarizes the progressive experience of the European countries, the USA and Japan in this direction. The attention is focused on the necessity to secure the legal notion of the crimes against environmental safety and to introduce the institution of criminal liability of legal entities for the purpose of creation of the effective mechanisms for combating environmental crimes. The article concludes on the need to analyze the criminal legal institutions of foreign countries for the best possible experience of the national legislation.

DOI: 10.5901/mjss.2015.v6n5s2p85