ENVIRONMENTAL RISK IN THE CRIMINAL LAW PROTECTION OF ENVIRONMENTAL SECURITY

Abstract

The article explores the category of environmental risk as an element of the criminal law protection of environmental security. The intensification of technogenic pressure on the natural environment, the proliferation of advanced technologies, and the global nature of environmental threats necessitate the improvement of legal mechanisms for ensuring environmental security, adequate responses to harmful impacts on the environment, human life and health, and the minimization of environmental risk. Environmental risk resulting from technogenic activity is identified as one of the fundamental indicators of the state of environmental security. The diversity of scientific approaches to the interpretation of environmental risk and its correlation with environmental security (or insecurity) indicates the need for a systematic framework for defining environmental risk, in order to strengthen the criminal law protection of environmental security. The purpose of this article is to examine environmental risk in the criminal law protection of environmental security by analysing the legal definition of risk, theoretical approaches to understanding environmental risk, its classification, the concept of acceptable risk, and the legal conditions under which environmentally justified risk may be permissible. The research employs the formal legal method, systems analysis, interpretative method, and comparative legal analysis. The study concludes that environmental risk constitutes the probability of an adverse event occurring that may result in harm to the natural environment, human life, or health as a consequence of environmentally hazardous activity or natural disasters. Criminal liability may arise for damage caused to the environment or to individuals as a result of such risk, provided that the risk exceeds legally acceptable limits. However, conduct associated with justified environmental risk does not give rise to criminal liability.