Forensic Practices Related to Environmental Remediation Investigations
https://doi.org/10.30764/1819-2785-2018-13-4-68-75
Abstract
A year ago the Supreme Court of the Russian Federation issued its Plenum Decree No. 49 «On some issues of applying legislation regulating environmental damage remediation». The paper examines several sections of the decree, including Section 13 (on damage compensation by recovery of costs and (or) making the defendant liable for site remediation), Section 14 (on the court’s use of fees and environmental damage assessment methodologies) and Section 18 (on the possibility of making the defendant liable for environmental remediation if a remedial action plan is already in place), as well as forensic practices involved in their enforcement. The authors conclude that substantive remediation of environmental damage requires the assessment of potential costs of remedial action by means of forensic environmental investigation and preparation of recultivation and other remedial project plans.
About the Authors
N. V. MikhalevaRussian Federation
Candidate of Law, Head of the Department of Research Methodolody Support in the System of Forensic Science Institutions of the Russian Ministry of Justice, Associate Professor at the Department of Forensic Examination Activities
S. G. Golubeva
Russian Federation
State Forensic Examiner at the Laboratory of Environmental Forensics
References
1. Alymova V.A. Soil remediation: monetary or in kind? Environmental scientist’s companion = Spravochnik ekologa. 2017. No. 12. P. 11–17. (In Russ.)
2. Vetoshkina L.P. Assessment of damage to water bodies: applying the methodology in practice. Industrial ecology = Ekologiya proizvodstva. 2008. No. 9. P. 76–82. (In Russ.)
3. Gorkina I.D. Applying the Methodology for assessing damage to water bodies. Environmental protection and nature management = Okhrana okruzhayushchei sredy i prirodopol’zovanie. 2009. No. 3. P. 15–17. (In Russ.)
4. Gorlenko A.S., Guchok M.V. Soil remediation: theory and practice. Industrial ecology = Ekologiya proizvodstva. 2014. No. 1. P. 40–45. (In Russ.)
5. Nekrasov A. How to assess environmental damage? EZh-Yurist. 2013. No. 44. P. 1–8. (In Russ.)
6. Pykhtyreva Yu.V. Supervisory role of the Prosecutor General’s Office in the area of aquatic protection. Industrial ecology = Ekologiya proizvodstva. 2014. No. 2. P. 21–25. (In Russ.)
Review
For citations:
Mikhaleva N.V., Golubeva S.G. Forensic Practices Related to Environmental Remediation Investigations. Theory and Practice of Forensic Science. 2018;13(4):68-75. (In Russ.) https://doi.org/10.30764/1819-2785-2018-13-4-68-75