Environmental Crime: Prospects for the Institution of Restorative Justice
The article examines the institution of restorative justice on the example of environmental crime. The features of the process of victimization and its consequences, which largely determine the specifics of the mechanism of compensation for harm, are studied. The institution of restorative justice is being explored as an alternative and effective way to compensate for the harm caused by environmental crimes. The main elements of the institution of restorative justice are considered, the procedure for initiating the corresponding procedure, the forms of compensation for harm are studied, the regulatory legal framework is investigated. It is concluded that there are no restrictions on the types of crimes that can be the subject of restorative justice. At the same time, this procedure cannot completely replace the traditional criminal process. The appropriateness of restorative justice must be considered on a case-by-case basis. It is noted that the effectiveness of the institute of restorative justice is recognized by the national justices of an increasing number of countries. Restorative justice allows you to go beyond the boundaries of positive law and achieve the most fair decision for the parties involved in the case. It is proposed to legislate the conditions and procedure for submitting a case for consideration within the framework of the restorative justice program, the connection of the relevant procedure with criminal proceedings, and qualification requirements for facilitators.
Андрусенко С.П., Власов И.С. Модель восстановительного правосудия как элемент правовой защиты жертв преступлений в США // Журнал зарубежного законодательства и сравнительного правоведения. 2019. № 1 (74). С.88-93. DOI: https://doi.org/10.12737/art.2019.1.10
Preston B. The Use of Restorative Justice for Environmental Crime // Criminal Law Journal 136. 2011. Vol. 35, Available at SSRN: https://ssrn.com/abstract=1831822
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