OFFENSES AGAINST THE ENVIRONMENT, ESSENTIAL DAMAGE ASSESSMENT IN THEORY AND PRACTICE
Journal Title: Administratīvā un kriminālā justīcija - Year 2017, Vol 1, Issue 78
Abstract
This paper shall review of the development of environmental criminal – legal protection in the Republic of Latvia. One of the most complicated valuation terms in Criminal law is essential harm. The adverse effects of marking, used assessment concept – "essential harm" to the Criminal Law Section 11, provisions are included as a criminal offense frame sign. Valuation concept „essential harm” or “significant damage” is widely used. Material injury is one of the mandatory features of the objective of acriminal offence defining the legal classification of the offence and, inany particular case, to assess the nature and consequences of thedamage in relation to the interests laid down by the law. In all cases, regulation is not specified. Significant damage and other interests protected by law in nature and severity to determine the natural environment, human health can be an expert evaluation. In deciding the question of material injury, which is especially qualifying characteristic of the Criminal Law Article 109, followed to the Special Law Annex 1 "Criteria for the detectable threat or significant risk to the law protected the interests of the forest environment conservation." With regard to essential harm the forest environment, evaluation is embedded in the law and are applied in practice.
Authors and Affiliations
Silvija Kotāne
Keywords
Related Articles
- EP ID EP660164
- DOI 10.17770/acj.v1i78.2795
- Views 133
- Downloads 0
CONSENT AS A LEGAL BASIS FOR PROCESSING OF PERSONAL DATA
While the principles encompassed by the General Data Protection Regulation (GDPR) were mostly welcomed, one of them, namely the consent, caused prolonged controversy among privacy scholars, human rights advocates and bus...
POPULARIZATION OF PRIVATE DETECTIVE PRACTICE IN THE MEDIA
The article briefly examines the 10-year positive experience of JSC Rimano biuras (Lithuania) in promoting the activities of private detectives in the main forms of periodic dissemination of mass information, for mutuall...
LEGAL ASPECTS OF THE REGIME OF CIVIL LIABILITY FOR NUCLEAR DAMAGE IN BULGARIA
Raksts veltīts kodolenerģijas izmantošanas tiesiskā režīma un civiltiesiskās atbildības jautājumiem kodolpostījumu gadījumā. Vēsturiski analizēti civiltiesiskās atbildības par kodolkaitējumu starptautiskie noteikumi, kā...
SIGNIFICANCE OF THE DECISION THE UNDISPUTED COMPULSORY ENFORCEMENT OF OBLIGA TIONS AND THE LEGAL CONSEQUENCES THEREOF
UCEO decision procedural economy value expresses in possibility to enforce it as regular judgment. It is a dispositive principle given effect to use UCEO as an alternative to claim litigation in non-contentious debt reco...
ADMINISTRATIVE SANCTIONS FOR DRIVING UNDER THE ALCOHOL INFLUENCE
The relative indicators of road traffic safety in Latvia are still amongst the worst in the EU Member States, despite the fact that the road safety level improvement rate in Latvia is one of the best in the European Unio...