Возмещение вреда, причинённого в сфере экологии

• 영문명: Compensation for Environmental Damage
• 발행기관: 충북대학교 법학연구소
• 저자명: Klimovich Aleksandr
• 간행물 정보: 『과학기술과 법』제5권 제1호, 275~291쪽, 전체 17쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2014.06.30

영문 초록

For commission of an ecological offense the Russian legislation provides property, disciplinary, administrative and criminal liability. Civil (delictual, tortious) responsibility for causing ecological harm has property character. Source of regulation of the relations on compensation of harm is the Civil code of the Russian Federation and the norms of some other special laws based on it. Delictual (tortious) responsibility is directed on compensation of the damage caused to environment. Its application requires existence of the general conditions of delictual responsibility (the actual existence of harm, illegality of act, a causal connection between them, guilt). But also specifics of ecological harm and feature of its causing have to be considered. In the general concept of ecological harm distinguish harm of primary origin (caused actually to environment) and secondary (harm occurring from it to the material and non-material benefits of private individuals). Difficulties in a monetary assessment of caused primary ecological harm do difficult its compensation in full. In this regard the legislation specially regulates an order of determination of the amount of its compensation.

목차

Ⅰ. Введение

Ⅱ. основной текст

Ⅲ. Заключение.

｜Литература:

키워드

environmental offence delict (tort) environmental damage compensation of damage delictual (tortious) responsibility conditions of the liability