Significant harm under Article 250 of the Criminal Code of the Russian Federation. Theory of everything

Article 250. Water pollution

1. Pollution, clogging, depletion of surface or groundwater, sources of drinking water supply or other change in their natural properties, if these acts entailed causing significant harm to the animal or flora, fisheries, forestry or agriculture,

Punishable by a fine in the amount of up to eighty thousand rubles or in the amount wages or other income of the convicted person for a period of up to six months, or deprivation of the right to occupy certain positions or study certain activities for a period of up to five years, or correctional labor for a term of up to one year, or arrest for a term of up to three months.

2. The same acts that resulted in harm to human health or mass death of animals, as well as those committed on the territory of a reserve or wildlife sanctuary or in a zone environmental disaster or in an emergency zone ecological situation,

Punishable by a fine in the amount of up to two hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to eighteen months, or by correctional labor for a term of one to two years, or by imprisonment for a term of up to two years.

3. Acts, provided for in parts first or second of this article resulting in the death of a person through negligence,

Punishable by imprisonment for a term of up to five years.

Comm. Dubovik O.L.

1. general characteristics Article 250 of the Criminal Code of the Russian Federation. The article contains:

a) the main elements of the crime with alternative signs on the objective side and the nature of the criminal consequences (Part 1); this composition is material, since in all cases it requires the infliction of significant harm;

b) material qualified personnel of the first degree of increased public danger according to alternative signs the content (severity) of the harm caused or according to alternative characteristics, the place where the act was committed (Part 2);

c) material qualified personnel of the second degree of increased public danger (Part 3).

The article provides for crimes of minor (parts 1 and 2) and medium (part 3) gravity.

2. Relationship with other criminal law prohibitions. Article 250 of the Criminal Code of the Russian Federation can, under certain circumstances, compete with articles - and many other articles - of the Criminal Code. Thus, the problem of distinguishing between this article and Article 281 “Sabotage” of the Criminal Code of the Russian Federation may even arise in the event of damage to sources of drinking water supply, which are objects of life support for the population. Another example: water pollution of one of the northern rivers of Russia due to the discharge of mercury-containing compounds into wastewater by a pulp and paper mill. Here, it is very likely that Article 247 of the Criminal Code of the Russian Federation will be applied, which establishes that in case of violation of environmental management rules hazardous substances and waste increased compared to Article 250 of the Criminal Code of the Russian Federation criminal liability. Article 250 is general in relation to all possible criminal attacks on waters and sources of drinking water supply. Availability special features, for example, the objective side of such an attack, may lead to the application of another article in which these signs are indicated. However, Article 250 covers the widest range of possible attacks on waters and, accordingly, contains the widest range of criminal law prohibitions in relation to the environmentally significant use of waters.

3. Objectives and scope of this article. The purpose of the article is criminal law protection water by ensuring the order of water use by the widest range of water users using water bodies for industrial, agricultural, consumer and any other needs. Legislator in in this case puts the state of water in the center of its attention, maintaining a possible optimum of this state and declares it criminal to change the natural properties of water, regardless of what actions (inaction) these changes were caused by. At the same time, the legislator very broadly characterizes the type of change, formally and essentially using an open list of changes. The scope of this article is correspondingly broad. It can be applied in any industry National economy, in domestic water use processes. Moreover, this article applies to the behavior of individuals using water sources (facilities) for recreational and other similar purposes.

3. Problem situations. As problem situations criminal legal assessment, and then the application of Article 250 of the Criminal Code of the Russian Federation can be distinguished:

a) facts of violation of the operation of water intakes, in particular the draw-up of substandard natural waters;

b) penetration of pollutants from waste storage ponds and filtration fields into groundwater;

c) illegal discharges of pollutants into water sources;

d) illegal use of water sources for washing equipment or for other purposes;

e) illegal operation of water supply structures and networks;

f) vandalistic behavior of individuals in relation to water sources on vacation, during tourist or sporting events and so on.;

g) illegal construction of dachas, residential buildings, and other objects that cause water pollution and associated significant harm to water bodies, etc.

4. Subject of the crime. These are surface or underground waters, as well as sources of drinking water supply. But the legislator connects an encroachment on this main subject with harm to a mandatory additional subject, referring to it the animal or plant world, fish stocks, forestry or agriculture, as well as human life and health.

When formulating the provisions of Article 250 of the Criminal Code of the Russian Federation, the legislator does not distinguish between water sources as a water resource and waters as means of communication that ensure the functioning of water transport, use of vessels. However, this clearly refers to surface or underground waters, sources of drinking water supply, although they are revealed as artificial structures, but do not represent a technical storage of water, in particular tanks, other reservoirs of this nature, already included in the direct technical or consumer use of the allocated (withdrawn) volume of water .

When defining a subject criminal offense taking into account the provisions on retroactive effect criminal law in relation to acts committed before the entry into force of the Water Code of 2006, i.e. before January 1, 2007, but not completed proceedings on the case, not completed by entering into legal force court verdict, should be taken into account legal regulation according to the Water Code of 1995 According to his instructions:

A) surface waters According to the articles of the Water Code of the Russian Federation, water bodies are permanent or temporary concentrations of water on the land surface in the forms of its relief, which have boundaries, volume and features water regime, and underground (according to Art., VK RF) - water, including mineral water, located in underground water bodies, which is understood as the concentration of hydraulically connected water in rocks, having boundaries, volume and features of the water regime, i.e. . aquifers, groundwater basins, groundwater deposits and their natural outlets;

The Water Code of 2006, as already noted, changed these definitions (see commentary to Art.,).

5. Objective side The main elements of the crime include:

a) actions or inaction consisting of pollution, clogging, depletion, or other changes in the natural properties of waters;

b) criminal consequences; c) causal relationship between the act and the consequences.

The main difficulties are related to the fact that in the objective side of water pollution there is actually no characterization of actions (inaction), but two groups of criminal consequences are indicated, localized by natural objects (two - the main and mandatory additional objects of encroachment) and sequentially connected to each other. Apparently, it was meant that pollution, clogging and depletion of water are actions, not results.

But it is precisely this approach that necessitates turning to related normative legal acts regulating the content of these actions, the distinction between these actions and their results.

6. Signs of the act. The action is expressed in:

A) pollution water bodies, i.e. discharge of production and consumption waste into water bodies and burial therein, including decommissioned ships and other floating vessels (their parts and mechanisms);

b) water depletion, i.e. in the constant reduction of reserves and deterioration of the quality of surface and ground waters;

V) other changes in the natural properties of water, these are actions consisting of a negative change in the biological diversity of waters, their physical properties, for example, electromagnetic, thermal, therapeutic, radiation, etc. by carrying out blasting, construction and other work directly on water bodies, the bottom of water bodies or close to them (in water protection zones).

Inaction may be expressed in the failure to install water regulating devices and water accounting devices during the construction of water intake and other hydraulic structures, failure to carry out mandatory measures to prepare reservoir beds for flooding, failure to remove toxic substances from Wastewater before their discharge into water bodies, etc.

7. Consequences. They must be localized by additional subject, i.e. for significant damage caused to flora and fauna, fish stocks, forestry or agriculture (parts 1 and 2). The specified harm can be defined by content as the occurrence of diseases or death of aquatic animals and plants, other animals (near-aquatic and other) and vegetation on the banks of water bodies, a decrease in fish stocks, a change in the structure of fish stocks (a decrease in the number of valuable fish species, the introduction of harmful or unproductive species), destruction of spawning and feeding grounds, spawning passage routes, destruction of wintering pits, etc., disease or death of forests, decreased productivity and land degradation, the emergence of wetlands or saline lands, heavy expenses for reclamation, fertilization, cleaning of the banks and bottom of water bodies, etc.

The damage caused is calculated according to the relevant taxes and standards, taking into account the costs of stocking water bodies with fish and others (see.

Article 250 of the Criminal Code of the Russian Federation contains basic concepts relating to pollution, clogging of water with consequences and provides for its own penalties. As you know, water is our life. Water pollution is a global problem. Therefore our modern legislation provides for an article that regulates the activities of people in naturally protected areas where there are drinking sources and large water reserves.

Water pollution is one of the most common criminal offenses. Let's look at a short and full information under Article 250.

Persons who carried out criminal act according to Art. 250 of the Criminal Code of the Russian Federation, bear the following punishment, imposed by the court depending on the severity and existence of certain circumstances:

1. Imprisoned for three months or up to five years.
2. Subject to a fine in the amount of 70 thousand to 200 thousand rubles.
3. Perform correctional, compulsory and other work for a period of 360 hours to 5 years.

Persons bear criminal liability. The punishment depends on accepted by the court solutions.

Due to pollution, clogging, depletion of water on earth or underground, drinking water sources or other modification of the composition of water, resulting in significant damage animals or plants, fish, forests or agriculture, legal and individuals bear appropriate punishment.

Legal entities and individuals pay penalty in the amount of up to seventy thousand rubles or one salary or other earnings of the guilty person for six months or are deprived of their employment authority specific positions. Also, convicted persons do not have the right to work in specific area some years. The perpetrators are charged with generally binding public Works for a period of up to 360 hours or other work for up to 1 year, or arrest for 3 months.

In addition, actions that caused harm to a person, plant or animal, regardless of whether they were done in a protected area or park, in the area where the incident occurred emergency(emergencies), lead to the following consequences:

If the person’s actions resulted, in addition to causing damage to protected plants, wild animals and ecology, the death of one or more persons, he is sentenced to 5 years of arrest. In addition, forced labor for the same terms is provided for this offense.

Comments on the article are necessary to clarify the circumstances of guilt and establish the qualifications of the offense, as well as the type of crime.

The object of the crime includes water that is on the ground and under it, drinking water bodies. Surface waters include those that are all or part of the time on the ground. Underground - those that are located underground (mineralized ones are also included). Drinking reservoirs - objects containing water used by the population for drinking.

Pollution is understood as the dumping or otherwise entering a body of water or other object of various biological and chemical substances. Because of it, the composition of water deteriorates, which has a bad effect on the growth and life of plants, animals, birds and the life of people.

Such actions contribute to limiting water use. Littering is the dumping or influx of various unnecessary things into waters and other objects that spoil general state and make it difficult to use water bodies. Water depletion consists of a steady decrease in reserves and a deterioration in the properties of surface and underground waters. Other modifications of reservoirs and other objects, which are manifested in a change in their biological composition or a modification of the initial composition.

Manifests itself in the use of industrial, economic and other facilities with damaged cleaning devices, the liquidation of cleaning devices, non-compliance with standards for transportation, storage, use of substances, the commission of acts that resulted in clogging of sources and caused damage to the zoological or plant world, fish, forest or agricultural farm. All stated points are regulated by Art. 250 CC.

Significant harm comes from the consequences of the offense in question. These include the appearance of diseases or death of animals and plants, the destruction of fish, and places of rest. At the same time, the level of death exceeds the average by several times, the area is damaged or lost, and individuals are destroyed. The radioactive background changes to such an extent that it seems real threat life activities of people. The actions taken in the field of water pollution must have a direct investigative relationship, the method of committing the offense.

The offense ends when specific harm occurs. A crime can be committed both in the form of direct intent and through negligence. The subject of the offense is a person over 16 years of age.

Qualifying characteristics that are prescribed in the second part of Art. 250 UK:

• causing harm to a place, animals or fish, for example, death under Art. 246;
• causing harm on the site of the reserve, specified in Articles 247 and 262.

Thus, for a crime to arise, it is necessary to indicate qualifying characteristics, to have an object, a subject and a subject.

Consultations and comments from lawyers are necessary in order to determine the elements of the crime and understand difficult matter and identify those responsible.

IN component offenses under the article include:

The qualified composition in the presented article is the infliction of specific actions that led to harm to people or animals, which were carried out in a protected area where a certain emergency occurred.

The following laws are used to determine the degree of guilt of a person:

• Federal Law (Federal Law) “On the Protection environment"(vv. 4, 16, 40, 42);
• Federal Law “On the sanitary and epidemiological welfare of the population” (Articles 10, 11, 18);
• RF CC (Articles 5, 7, 11, 42-62, 65-67);
• SanPiN 2.1.5.980-00 2.1.5;
• SP 2.1.5.1059-01.

From legal practice most common Federal laws and Article 250 of the Criminal Code.

Below we consider the main examples from judicial practice (short description):

Not a single person went unpunished.

In general, individuals are sentenced to correctional labor, payment of fines, and only occasionally to imprisonment.

1. Public danger The crime in question is that water pollution, which is a universal condition of human life, can cause harm to almost all elements of the environment natural environment: fauna, forests, soil, subsoil, etc.

2. The object of the crime is relations to ensure the preservation of normal quality water resources How natural conditions life and health of people, the functioning of agricultural production, forestry and fishing.

The subject of the crime is surface or underground water, sources of drinking water supply. Domestic sea ​​waters, the territorial waters of the country, the World Ocean are not the subject of the crime in question.

In accordance with Water Code In the Russian Federation, surface waters are waters that are permanently or temporarily located on surface water bodies; underground - water, including mineral water, located in underground water bodies. Sources of drinking water supply are water bodies whose water is used in the drinking water supply system.

3. The objective side includes: a) pollution; b) clogging; c) depletion of surface or ground water or sources of drinking water supply; d) other change in their natural properties.

Pollution means the discharge or otherwise entering water bodies, as well as the formation in them harmful substances, which deteriorate the quality of surface and groundwater, limit the use or negatively affect the condition of the bottom and banks of water bodies. Clogging is the discharge or otherwise entry into water bodies of used objects or suspended particles that worsen the condition and impede the use of water bodies. Water depletion means a steady decline in the supply and deterioration of the quality of surface and groundwater. Another change in the natural properties of surface or groundwater is significant change their biological diversity or deterioration of their original physical, chemical or biological composition.

In the Resolution of the Plenum Supreme Court RF dated 05.11.98 N 14 “On the practice of application by courts of legislation on liability for environmental offenses" it is stated (clause 9) that the operation of industrial, agricultural, municipal and other facilities with faulty treatment facilities and devices, shutdown treatment facilities and devices, violation of the rules of transportation, storage, use of mineral fertilizers and preparations, commission of other actions that resulted in pollution of water bodies and water sources and caused significant harm to flora and fauna, fish stocks, forestry or agriculture, must be qualified under the relevant part of Art. 250.

Significant harm as a consequence of the crime in question is characterized by the occurrence of diseases and death of aquatic animals and plants, other animals and vegetation on the banks of water bodies, destruction of fish stocks, spawning and feeding grounds; mass death of birds and animals, including aquatic ones, on certain territory, in which the mortality rate exceeds the statistical average by 3 times or more; ecological value of the damaged area or lost natural object, destroyed animals and trees and shrubs; change radioactive background to values ​​posing a danger to human health and life, the genetic fund of animals and plants; level of land degradation, etc.

4. There must be a direct causal relationship between the consequences and water pollution.

5. Crime has material composition, is considered completed from the moment the significant harm specified in the law occurs.

6. C subjective side the crime is characterized by both intentional and reckless forms of guilt.

7. The subject of the crime is a person who has reached the age of 16 years.

In cases where the person is found guilty of committing the crime in question executive government agency or an institution or person performing managerial functions in commercial organization, if there are signs of abuse in the actions official powers or the powers of a person performing managerial functions in a commercial or other organization, he is liable under the totality of Art. Art. 250 and 285 or Art. 201 CC.

8. The qualifying characteristics specified in Part 2 of Art. 250, there are two factual circumstances: 1) the consequences of the crime in the form of harm to human health or mass death of animals (see commentary to Article 246); 2) the place where the crime was committed is the territory of a nature reserve or wildlife sanctuary, an environmental disaster zone or an environmental emergency zone.

For the concepts of a reserve and a wildlife sanctuary, see the commentary to Art. 262 of the Criminal Code.

For the concepts of “ecological disaster zone” and “ecological emergency zone”, see the commentary to Art. 247.

Current version of Art. 250 of the Criminal Code of the Russian Federation with comments and additions for 2018

1. Pollution, clogging, depletion of surface or underground waters, sources of drinking water supply, or any other change in their natural properties, if these acts entailed causing significant harm to the animal or plant world, fish stocks, forestry or agriculture, -
shall be punishable by a fine in the amount of up to eighty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to six months, or by deprivation of the right to hold certain positions or engage in certain activities for a period of up to five years, or compulsory work for a term of up to three hundred and sixty hours, or correctional labor for a term of up to one year, or arrest for a term of up to three months.

2. The same acts that entailed harm to human health or mass death of animals, as well as those committed on the territory of a nature reserve or wildlife sanctuary, or in a zone of environmental disaster or in a zone of environmental emergency, -
shall be punishable by a fine in the amount of up to two hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to eighteen months, or by compulsory labor for a term of up to four hundred eighty hours, or by corrective labor for a term of up to two years, or forced labor for a term of up to two years, or imprisonment for the same term.

3. Acts provided for in parts one or two of this article, resulting in the death of a person through negligence, -
shall be punished by forced labor for a term of up to five years or imprisonment for the same term.

Commentary on Article 250 of the Criminal Code of the Russian Federation

1. Composition of the crime:
1) object: public health, relations to ensure environmental safety;
2) objective side: consists of pollution, clogging, depletion of surface or groundwater, sources of drinking water supply, or other changes in their natural properties; consequences in the form of causing significant harm to flora or fauna, fisheries, forestry or agriculture; causation between actions and consequences;
3) subject: a sane person who has reached the age of sixteen;
4) subjective side: both intent and negligence.

Qualified personnel under this article are recognized as committing the specified acts if they caused harm to human health or mass death of animals, and were also committed on the territory of a reserve or wildlife sanctuary or in an environmental disaster zone or in an environmental emergency zone.

Especially qualified personnel This article recognizes the commission of the acts specified in Parts 1 or 2 if they negligently resulted in the death of a person. As can be seen from the construction of the norm, the intentional form of guilt in this case is excluded.

2. Applicable law:
1) Federal Law “On Environmental Protection” (Articles 4, 16, 40, 42);
2) Federal Law “On the sanitary and epidemiological welfare of the population” (Articles 10, 11, 18);
3) RF CC (Articles 5, 7, 11, 42-62, 65-67);
4) SanPiN 2.1.5.980-00 "2.1.5. Water disposal populated areas, sanitary protection water bodies. Hygienic requirements to the protection of surface waters" (approved by the Chief State Sanitary Doctor of the Russian Federation on June 22, 2000);
5) SP 2.1.5.1059-01 “Hygienic requirements for the protection of groundwater from pollution” (approved by resolution of the Main State sanitary doctor RF dated July 25, 2001 N 19).

3. Judicial practice:
1) Resolution of the Supreme Court of the Russian Federation dated October 18, 2012 N 21 “On the application by courts of legislation on liability for violations in the field of environmental protection and natural resource management”;
2) Yashkinsky’s verdict district court Kemerovo region in case No. 1-51/12 gr.T. found guilty of committing a crime under Part 1 of Art. 250 of the Criminal Code of the Russian Federation.

1. Pollution, clogging, depletion of surface or underground waters, sources of drinking water supply, or any other change in their natural properties, if these acts entailed causing significant harm to the animal or plant world, fish stocks, forestry or agriculture, -

shall be punishable by a fine in the amount of up to eighty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to six months, or by deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years, or by compulsory labor for a term of up to three hundred sixty hours, or correctional labor for up to one year, or arrest for up to three months.

2. The same acts that entailed harm to human health or mass death of animals, as well as those committed on the territory of a nature reserve or wildlife sanctuary, or in a zone of environmental disaster or in a zone of environmental emergency, -

shall be punishable by a fine in the amount of up to two hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to eighteen months, or by compulsory labor for a term of up to four hundred eighty hours, or by corrective labor for a term of up to two years, or by forced labor for a term of up to two years. , or imprisonment for the same period.

3. Acts provided for in parts one or two of this article, resulting in the death of a person through negligence, -

shall be punished by forced labor for a term of up to five years or imprisonment for the same term.

Commentary on Article 250 of the Criminal Code of the Russian Federation

1. The subject of the crime is surface or underground water, sources of drinking water supply. Surface waters waters permanently or temporarily located on surface water bodies are recognized; underground - water, including mineral water, located in underground water bodies; sources of drinking water supply - water bodies whose water is used in the drinking water supply system.

2. Pollution means the discharge or otherwise entering water bodies, as well as the formation in them of harmful substances that deteriorate the quality of surface and ground waters, limit the use or negatively affect the condition of the bottom and banks of water bodies. Clogging is the discharge or otherwise entry into water bodies of used objects or suspended particles that worsen the condition and impede the use of water bodies. Water depletion means a steady decline in the supply and deterioration of the quality of surface and groundwater. Another change in the natural properties of surface or groundwater is a significant change in its biological diversity or deterioration of the original physical, chemical or biological composition.

Operation of industrial, agricultural, municipal and other facilities with faulty treatment facilities and devices, shutdown of treatment facilities and devices, violation of the rules of transportation, storage, use of mineral fertilizers and preparations, commission of other actions that resulted in pollution of water bodies and water sources and caused significant harm to animals or flora, fisheries, forestry or agriculture must be qualified under the relevant part of Art. 250 CC.

Significant harm as a consequence of the crime in question is characterized by the occurrence of diseases and death of aquatic animals and plants, other animals and vegetation on the banks of water bodies, destruction of fish stocks, spawning and feeding grounds; mass death of birds and animals, including aquatic ones, in a certain area, in which the mortality rate exceeds the statistical average by 3 or more times; the ecological value of the damaged area or lost natural object, destroyed animals and trees and shrubs; a change in the radioactive background to values ​​posing a danger to human health and life, the genetic fund of animals and plants, the level of land degradation, etc.

There must be a direct causal relationship between the consequences and water pollution.

3. The crime is considered completed from the moment the specified significant harm occurs.

4. From the subjective side, the crime is characterized by both intentional and careless forms of guilt.

5. The subject of the crime is a person who has reached the age of 16 years.

6. The qualifying characteristics specified in Part 2 of Art. 250 of the Criminal Code, there are two circumstances: 1) the consequences of the crime in the form of harm to human health or mass death of animals (see commentary to Article 246 of the Criminal Code); 2) the place where the crime was committed is the territory of a nature reserve or wildlife sanctuary (see commentary to Article 262 of the Criminal Code), an environmental disaster zone or a zone of environmental emergency (see commentary to Article 247 of the Criminal Code).