RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of November 5, 1998 No. 14

About practice of application by courts of the legislation on responsibility for environmental offenses

For the purpose of ensuring the correct and uniform application by courts of the legislation on responsibility for environmental offenses the Plenum of the Supreme Court of the Russian Federation decides:

1. Draw the attention of courts to importance of ensuring the correct, uniform and effective application of the legislation on responsibility for making of environmental offenses. High degree of public danger of this type of offenses is caused by the fact that subject to their encroachment are stability of the environment and natural and resource potential, and also the right of everyone to the favorable environment guaranteed to Art. 42 of the Constitution of the Russian Federation.

2. Courts should mean that by hearing of cases, connected with violations of the ecological legislation, establishment of causal relationship between committed acts and the come harmful effects or emergence of threat of causing essential harm to the environment and human health is of particular importance. It is also necessary to find out whether harmful effects by other factors, including natural and natural are caused, and whether they came regardless of the established violation, and also whether illegal acts in emergency condition are made is equal.

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