Peculiarities of the Application of Probation to Individuals Who Have Committed Environmental Crimes

Abstract

The article is focused on the application of probation to individuals who have committed environmental crimes because the effectiveness of punishment for such crimes is considered to be scientifically interesting. A comparative analysis was made using the official data of the Judicial Department at the Supreme Court of the Russian Federation on the application of probation to individuals who have committed crimes in Russia over the past ten years, i.e. from 2012 to 2021. The research about the need of a balanced application of probation for environmental crimes discovered fundamental differences in the judicial practice of probation sentencing for all types of crimes and environmental crimes as well. In addition, the changes in the trends of the use of probation for environmental crimes in the last five years have been revealed in comparison with the previous five-year period. The dominant option for applying probation for committing environmental crimes is the appointment of imprisonment. The conclusion is made about the need for a balanced application of probation for environmental crimes. The grounds and factors for the appointment of probation introduced in the criminal law are rather abstract and evaluative, giving rise to a number of problems in the practical implementation of these provisions. The institution of probation is based on the principle of subjectivism, which tends to predominate judicial discretion in the practice of sentencing for environmental crimes.