Criminal Liability for Damage of Land in Certain cis Member States: A Comparative Legal Analysis and Problems of Law Enforcement

Abstract

Introduction: The article examines some characteristics, and the issues of criminal liability for damage to land specific CIS member states. The comparative legal study of the norms of the Criminal Codes of Russia, Belarus, Kazakhstan, Uzbekistan and Armenia enables the author to determine some common approaches, and national characteristics in the construction of crimes / corpus delicti, and the system of sanctions. The conclusions indicate the significant differences, but show the maintenance of a single conceptual framework inherited from the Soviet legislation. Materials and methods: The study was conducted on the basis of the analysis of the criminal legislation of the states mentioned above, the UNEP reports, and scientific sources. The author employed the comparative legal and the formal legal methods, the system analysis method, the statistical method, as well as the content analysis of international documents. Research results: The approaches to the criminal legal protection of land have been systematized: with the emphasis on the destruction of the fertile soil layer (Belarus), with a detailed gradation of damage (Kazakhstan), and with broad formulations (Russia, Armenia). A specific approach of Uzbekistan has been identified, where there is no special regulation on land damage. Some systemic problems of law enforcement have been identified, e.g., difficulty of proof, high latency of crimes, corruption risks, insufficient effectiveness of recovery mechanisms. Despite the differences in legislative structures, the CIS member states are faced with a single set of criminogenic factors. Conclusions: To increase the efficiency of criminal legal protection of lands, a reorientation to restorative justice is required, with the legislative recognition of the obligation of the perpetrator to carry out reclamation. The introduction of digital monitoring (satellite sensing, drones) and specialization of law enforcement agencies (following the example of the environmental prosecutor’s office of Belarus) are required. At the interstate level, it is essential to harmonize legislation within the CIS, taking into account the Model Law “On Soil Protection” (2024).