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

of October 18, 2012 No. 21

About application by courts of the legislation on responsibility for violations in the field of environmental protection and environmental management

Due to the questions which arose at courts and for the purpose of ensuring unity of court practice of application of the legislation on responsibility for violations in the field of environmental protection and environmental management the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation and Articles 9, 14 Federal constitutional Laws of February 7, 2011 No. 1-FKZ "About courts of law in the Russian Federation", decides:

1. Draw the attention of courts that the right of everyone to the favorable environment guaranteed by article 42 of the Constitution of the Russian Federation, reliable information about its condition and on compensation of the damage caused to his health or property by environmental offense, and also realization of the provisions provided by part of 1 Article 9, part 2 Articles 36, article 58 of the Constitution of the Russian Federation is provided including by the correct application of the legislation on responsibility for violations in the field of environmental protection and environmental management.

By hearing of cases about environmental offenses courts should be guided by provisions of civil, administrative, penal and other industry legislation, including provisions Land, Lesnoy, Water codes of the Russian Federation, the Federal Law of January 10, 2002 No. 7-FZ "About environmental protection", other laws and other regulatory legal acts of the Russian Federation and its subjects in the field of environmental protection and environmental management.

Courts should find out what regulatory legal acts regulate the corresponding ecological legal relationship and to specify in the judgment in what their violations with reference to specific regulations were directly expressed (Item, part, Article).

In case of absence in the indictment or the indictment of such data which are not possible for filling in judicial session criminal case is subject to return to the prosecutor according to the procedure of article 237 Code of Criminal Procedure of the Russian Federation for removal of obstacles of its consideration by court.

2. Under damnification to health of the person when making crimes, stipulated in Article 246, part 2 Articles 247, part of 1 Article 248, part 2 Articles 250, part 2 Articles 251, parts 1 and 2 of article 254 Criminal Code of the Russian Federation, it is necessary to understand damnification to health of any severity to one or several persons.

3. The officials having signs, stipulated in Item 1 notes to article 285 Criminal Code of the Russian Federation, the government or local government officers who are not officials and also persons meeting the requirements, stipulated in Item 1 notes to article 201 Criminal Code of the Russian Federation treat persons using the official position when making the crimes provided by part 3 Articles 256, part 2 of Article 258 and the Item "in" part 2 of article 260 Criminal Code of the Russian Federation.

Use of official position is expressed not only in intentional use by persons of the office powers stated above, but also in rendering influence proceeding from the importance and authority of the position held by them on other persons for the purpose of making of ecological crimes by them.

Because part 3 Articles 256, part 2 of Article 258 and the Item "in" part 2 of article 260 Criminal Code of the Russian Federation specially provides responsibility for the acts which are commited by person with use of the official position, the deeds do not require additional qualification by the corresponding parts of Articles 201 or 285, 286 Criminal Code of the Russian Federation.

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