Forensic Environmental Examinations in Cases on Compensation for Harm (Damage) Caused by Environmental Violations: Analysis of Arbitration Courts’ Practice
https://doi.org/10.30764/1819-2785-2020-4-47-55
Abstract
The article analyses arbitration courts’ practice on the assignment of forensic environmental investigations on cases concerning the compensation for environmental damage caused by various environmental violations. At present, such investigations are assigned quite often. However, in most cases, private experts conduct them since there are very few state environmental experts. The article addresses examples of forensic environmental investigations for particular cases: on the facts of discharge of wastewater and oil products into water bodies, deforestation. It is shown that when determining the amount of harm (damage), non-state experts rely on the methods of calculating approved by the Ministry of natural resources and ecology of the Russian Federation, although many experts point out the shortcomings of these methods. In contrast, the Ministry of Justice system’s environmental experts determine the cost of restoration for specific violated environmental objects.
About the Author
N. V. Mikhaleva
The Russian Federal Centre of Forensic Science of the Ministry of Justice of the Russian Federation; People’s Friendship University of Russia
Russian Federation
Russian Federation
Mikhaleva Natal’ya Valer’evna – Candidate of Law, Head of the Forensic Research Methodology Department in the System of Forensic Institutions of the Russian Ministry of Justice, Head of the Information and Publishing Department of the Russian Federal Centre of Forensic Science of the Russian Ministry of Justice; Associate Professor at the Department of Forensic Examination Activities, Law Institute of RUDN University
Moscow 109028
Moscow 117198
References
1. Arhipkin S.V. Legal Foundation for Compensation of Ecological Harm to Human Health and Life and Natural Environment. Scientific Works of Orenburg Institute (Branch) of MSLA. 2013. No. 17. P. 45–57. (In Russ.)
2. Askerov E.S., Osmanov M.H. Civil Liability for Causing Harm to the Environment. Agrarian and Land Law. 2016. No. 7 (139). P. 112–115. (In Russ.)
3. Eniseiskaya N.A Compensation for Environmental Damage Caused by the Violation of Legislation of the Russian Federation Concerning Waste Management. Agrarian and Land Law. 2007. No. 11 (35). P. 145–149. (In Russ.)
4. Morozov G.B. Legal Gaps in the Regulation of the Procedure for Compensation of Environmental Damage. Electronic Supplement to “Russian Juridical Journal”. 2011. No. 11 (35). P. 54–61. (In Russ.)
5. Khludeneva N.I. Compensation for Environmental Damage: Some Issues of Legal Support and Law Enforcement. Legal Regulation for Balanced Development of Territories. Compilation of Materials of the International Scientific Conference (Moscow, December 14, 2017, March 15, 2018). Moscow: Mos. gos. un-t geodezii i kartografii, 2018. P. 143–148. (In Russ.)
6. Lawrence D., Walter C. Major Accidents to the Environment. Butterworth-Heinemann, 2008. 320 p. https://doi.org/10.1016/B978-0-7506-8389-0.X5001-1
7. Omel’yanyuk G.G., Mihkaleva N.V. Environmental Forensics. In: Smirnova S.A. (ed). Multimodal Edition “Forensic Science: Reboot”. Part 2. Encyclopedic Dictionary of Theory of Forensic Science. Moscow: Ekom, 2012. P. 411–412. (In Russ.)
8. Mikhaleva N.V. Problems of Compensation for Damages Caused by Environmental Offence (Judicial Review). Theory and Practice of Forensic Science. 2016. No. 2 (42). P. 75–79. (In Russ.)
9. Glazkova N.V. Current Issues Arising in Appointment and Conduct Forensic Examinations during the Investigation of Environmental Crimes. Success of Modern Science and Education. 2016. Vol. 4. No. 11. P. 43–44. (In Russ.)
10. Petrukhina O.A. Problems with Organizing Forensic Examinations for the Investigation of Environmental Crimes. Theory and Practice of Forensic Science. 2017. Vol. 12. No. 4. P. 87–92. (In Russ.). https://doi.org/10.30764/1819-2785-2017-12-4-87-92
11. Maiorova E.I., Goncharuk N.Yu. Environmental Forensics. Solid Household Waste. 2016. No. 3 (115). P. 52–57. (In Russ.)
12. Kutuzova N.D., Maiorova E.I. Environmental Forensic Science in the System of the Russian Ministry of Justice: Current State and Perspectives. Theory and Practice of Forensic Science. 2018. Vol. 13. No. 3. P. 94–98. (In Russ.). https://doi.org/10.30764/1819-2785-2018-13-3-94-98
13. Krutikova K.V., Morozova E.E. Practice of the Application of the Calculation Method for the Damage to Water Bodies’ Determination in Case of Water Legislation Infringement. Water Sector of Russia: Problems, Technologies, Management. 2018. No. 4. P. 119–129. (In Russ.)
14. Mikhaleva N.V. Theoretical and Methodological Aspects of Forensic Evaluation of Environmental Compartments for the Purpose of Environmental Damage Assessment. Theory and Practice of Forensic Science. 2016. No. 2 (42). P. 75–79. (In Russ.)
15. Mikhaleva N.V., Golubeva S.G. Forensic Practices Related to Environmental Remediation Investigations. Theory and Practice of Forensic Science. 2018. Vol. 13. No. 4. P. 68–75. (In Russ.). https://doi.org/10.30764/1819-2785-2018-13-4-68-75
16. Omel’yanyuk G.G., Vakula M.A., Nikulina M.V. Problems of Cost Evaluation of Damage to Environmental Objects. Theory and Practice of Forensic Science. 2019. Vol. 14. No. 3. P. 46–53. (In Russ.). https://doi.org/10.30764/1819-2785-2019-14-3-46-53
Review
For citations:
Mikhaleva N.V. Forensic Environmental Examinations in Cases on Compensation for Harm (Damage) Caused by Environmental Violations: Analysis of Arbitration Courts’ Practice. Theory and Practice of Forensic Science. 2020;15(4):47-55. (In Russ.) https://doi.org/10.30764/1819-2785-2020-4-47-55
Views:
956
Email this article 