Consideration of illegal actions when imposing punishment for environmental crime

¹ Vladimir Law Institute of the Federal Penitentiary Service of Russia, Bolshaya Nizhegorodskaya str., 67, 600020, Vladimir, Russia
² Academy of the Federal penitentiary service of Russian Federation, 1, Sennaya str., Ryazan, 390000, Russia

^* Corresponding author: a.copytowa@yandex.ru

Abstract

Both environmental risks and domestic violence exist in all countries of the world. This phenomenon is influenced by various factors: standard of living, ecological situation, environment, traditions, race, nationality and cultural values. This must be taken into account when imposing an appropriate punishment for commission of any illegal act. At the same time, family and domestic violence is not just a negative attribute of life of individual families, but also indicates serious issues of society, in the narrow sense, and the environment, in the broad sense. In connection with restrictions related to Covid-19 introduced in many countries, the level of domestic violence has increased, which proves a direct dependence on external negative factors in the field of health care, ecology, psychology, etc. Analysis of various factors influencing domestic violence has shown that this phenomenon has a high level of latency, and, as a rule, people learn about it only in cases where the consequences of such violence are difficult to hide due to their severity (for example, causing death or serious harm to health against the background of mental deviation). Having reviewed the news feeds over the past five years we can see that the relevance of the topic under consideration is beyond doubt, since the influence of environmental factors on the human psyche is not fully understood, and this aspect, one way or another, leads to the commission of illegal actions, which indicates the importance of balance between the environment, ecology and legality, society. The authors note that there is a synergistic relationship in which humanity interacts with the surrounding world, in all its diversity (water, land, natural resources, flora, fauna, etc.). n addition, some judgments of the European Court of Human Rights on environmental problems and the environment, protection from domestic violence, including with the participation of Russian Federation as a defendant, were considered. Based on the analysis of the decisions expressed, as well as the norms of national legislation, a theoretical justification for changing the national criminal and environmental legislation, in terms of imposition of punishment, is formulated.