LAND DAMAGE, VIOLATION OF THE RULES OF PROTECTION AND USE OF SUBSOIL
DOI:
https://doi.org/10.24866/1813-3274/2022-3/150-163Keywords:
environmental safety, land, subsoil, environmental crime, object of crime, target of crime, soilAbstract
The article discusses the issues of determining the subject of the crime under Art. 254 of the Criminal Code of the Russian Federation, as well as the circumstances of the crime scene, and, importantly, the very term "land" itself has been thoroughly examined. Based on the analysis of legal literature, conclusions were drawn about focusing
on other characteristics of the land in its determination. Reasonable conclusions are made regarding the non-identity of the concepts of subsoil and subsoil content. Analysis of the examples of judicial and investigative practice has led to the conclusion that soil is recognized as the object of the crime. Based on the clear example this research work shows the only possible variant that involves a literal interpretation of the criminal law norm, in which the object of the crime is recorded as subsoil.