Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Activities of Law Enforcement Agencies to Compensate Damages Caused by Environmental Offenses

Author(s): Askar Kanatovich Alibayev Sabigul Dzhanabayevna Bekisheva, Vladimir Dmitrievich Sekerin, Sergey Sergeevich Zenin, Elvina Alekseevna Omshanova, Elman Said-Mokhmadovich Akhyadov

The study aims at determining the functions and role of law enforcement agencies in compensating environmental damages. The authors of the article consider the existing legal framework, materials of law enforcement practice, and scientific opinions on compensation for environmental damages. The damage caused by environmental offenses can be compensated either voluntarily or compulsorily. The activities of law enforcement agencies aimed at identifying and suppressing environmental offenses, conducting administrative proceedings against offenders, and criminal prosecution have a serious impact on the subsequent compensation for environmental damages. The authors have determined several stages of such activity. One of the most effective mechanisms for compensating the damages caused by environmental offenses is a civil suit within a separate civil or criminal case. However, the effective protection of environmental rights is undermined by organizational and legal problems. This includes the environmental incompetence of persons investigating environmental crimes and the ineffectiveness of the established judicial practice to determine the extent of environmental damages. The authors have analyzed the global activities of law enforcement agencies aimed at compensating environmental damages. Scientifically grounded proposals are put forward to improve the current legislation and eliminate shortcomings in law enforcement practice.

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