| Abstract [eng] |
Human society has been formed and is developing in constant communication with the natural environment - nature . Nature is an objectively existing reality that exists outside of consciousness and independently of consciousness and the will of both the individual and society as a whole. However, it is a condition, place and means of work and life of human. Human is a product of nature itself, a natural result of its evolutionary development. The environment in which man exists is constantly evolving and changing according to objective laws. Human as a biological being is part of the natural environment, interacts with nature and affects it, feels the effect of its laws, uses and consumes its resources. Between people and nature there is a constant exchange of substances. The complex environmental situatiom stems from a persistent increase in the occurrence of environmental crimes that often go undetected. This not only poses a significant risk towards human health and life, but also leads to widespread pollution, extensive damage to ecosystems, and the looming possibility of major technological accidents or environmental disasters, all of which pose a significant threat to our planet's environmental security. The pressing issue facing global society is the urgent need to establish a framework that protects our environment. With each passing year, human actions increasingly cause harm to nature, leading us closer to environmental devastation. This not only affects the world around us, but also our own well-being. This thesis delves into the escalating relevance of criminal law in environmental protection amidst growing global environmental challenges. It highlights the inadequacies of administrative and civil measures in deterring severe violations, necessitating criminal law's role in addressing environmental crimes such as illegal logging, hazardous waste disposal, and wildlife trafficking, which have significant impacts on ecosystems and human health. The primary aim of this thesis is to evaluate comprehensively the effectiveness of criminal law in environmental protection. This objective is pursued through several key tasks: analyzing the role and efficacy of criminal law in deterring and addressing environmental crimes, investigating the evolution and implementation of international and national environmental criminal legislation, assessing the impact of key international conventions and national laws on environmental protection practices, and identifying existing challenges to propose actionable improvements for enhanced enforcement of environmental criminal laws. The novelty of this research lies in its comprehensive approach to understanding and improving the role of criminal law in environmental protection. Unlike previous studies that may focus narrowly on either deterrence or punishment, this thesis integrates both aspects to provide a fuller picture. It brings to light new and emerging issues, such as ecocide, and examines how these could be incorporated into existing legal frameworks to enhance their effectiveness. The comparative analysis of different jurisdictions provides fresh insights into best practices and common challenges, contributing to a more nuanced understanding of global environmental criminal law. The research draws on a diverse array of sources to ensure robust and comprehensive analysis. These include academic monographs and journal articles that provide critical theoretical underpinnings and contemporary perspectives on environmental criminal law, legal texts and case law from national statutes, international treaties, and landmark judicial decisions, and reports and publications from environmental organizations and legal bodies such as Greenpeace and the International Criminal Court. These sources collectively provide a comprehensive foundation for the analysis, ensuring that the research is grounded in both theoretical and practical realities. |
