Сборник материалов международной научной конференции студентов, магистрантов, аспирантов

Т.С. Кушнир

Республика Беларусь, Горки, БГСХА

Научный руководитель – А.В. Чернов

WAYS TO IMPROVE PROSECUTORIAL SUPERVISION IN THE SPHERE OF ECOLOGY

Public Prosecutor’s supervision over the implementation of environmental legislation is an important activity of the Prosecutor’s office, as environmental protection and rational use of natural resources is an important component of the welfare of our society.

Preventing violations of the subjects of legal relations in the sphere of ecology is an important aspect of preventive work. In order to prevent violations of environmental legislation to be effective, the necessary efforts of the whole society on the production of all data subjects of legal relations conscientious attitude to nature and rational use of natural resources. Modern trends violations concern the society.

Considering the above, the main tasks of the Prosecutor's supervision over the implementation of environmental legislation should be considered:

1) timely identification of normative-legal acts contradicting the Constitution and environmental legislation and the adoption of timely measures for their cancellation;

2) conduct scheduled and unscheduled Supervisory inspections in the enforcement of environmental legislation at a high professional level, with involvement of appropriate, relevant professionals;

3) organization to pay special attention to the requirements arising from the environmental policy of the state, and adopted for its implementation of normative legal acts;

4) to ensure the completeness and timeliness of detection and prevention of violations of environmental rights of citizens;

5) in all cases to achieve the prosecution of officials responsible for violations of environmental legislation, statutory liability [3, c. 780]

However, in the exercise of prosecutorial supervision over execution of legislation on environmental protection and rational use of natural resources in the stages of operation of violations, the violations are corrected deficiencies exist that affect the effectiveness of oversight activities.

Such disadvantages are:

- planning prosecutorial inspections enforcement of environmental legislation is not taking into account the actual state of the environment in the region, the state of individual objects (land, water, forests and so on);

- out of sight prosecutors remain separate environmental authorities, as well as the sanitary and epidemiological supervision;

- prosecutors don’t always work closely with Executive and administrative bodies, bodies of local self-government on the issue of combating environmental crime, in particular, they should as often as possible to provide for joint or separate, but simultaneous events;

- poorly executed activities, which to a certain extent not can talk about strong supervision of senior prosecutors, with the implementation of the action plans;

- check sometimes conducted without careful preparation;

- check on the plants or on the facts of the injury to natural objects are not always carried out with participation of specialists;

- is not constant, determining the causes of violations of the legislator-STV about the environment, contributing to violations of conditions and specific persons guilty of violating the laws should not be superficial inspections;

- acts of prosecutorial response sometimes be late that reduces their effectiveness;

- do not carry out the due consideration and resolution by the recipients acts of prosecutorial response, prosecutors rarely take part in official meetings recipients for discussion and consideration they make to their acts of prosecutorial response.

All applicants to the Prosecutor’s office from various sources of information on offences should regularly thoroughly analyze and generalize. The results should be of help. The received information is also necessary to organize and to give a legal assessment based on the following criteria:

• 
  the nature of the offences;
  
• 
  prevalence of offences on separate objects;
  
• 
  social danger of the committed offences;
  
• 
  causes and conditions that contribute to violations of the law [2].
  

Thus, constant and purposeful analysis of the totality of information about the infringement of the law hampering environmental rights of citizens, will allow the Prosecutor to timely identify and outline to check the status of the legality of specific bodies of power and administration, local governments, environmental organizations and other entities, as well as accurately to formulate specific issues requiring clarification during the audit and to determine the mechanism of its implementation.

Large volume and diverse work on overseeing the implementation of environmental legislation makes it vital for her skillful and thoughtful planning.

However, to date, the weak link in the activities of the prosecution authorities in the supervision of implementation of environmental legislation, remains the supervision over the legality and protection of means of prosecutorial impact the rights of subjects, the number of violations which, unfortunately, is growing every year. Review by prosecutors in organizations and institutions, show that many of them created the basic conditions for environmental protection and rational use of natural resources. But in this area of prosecutorial supervision must be particularly strict and demanding, because, except the Prosecutor, sometimes there's just no one to protect, for example, the constitutional rights of citizens to a favorable environment, the right to compensation for damage caused by violation of this right.

From the above, there are several ways to improve prosecutorial supervision in the sphere of ecology:

1. 
   to enter in the prosecution monthly planning on conducting Supervisory activities on implementation of environmental legislation;
   
2. 
   to oblige the Prosecutor to be present at meetings of the supervised institutions and agencies for consideration in their address acts of prosecutorial response to the most significant breaches of environmental legislation;
   
3. 
   ensure close cooperation with local authorities and self-government for the timely provision of information about the upcoming or violations;
   
4. 
   paying attention to trends in the spheres of the society, which has a detrimental impact on the environmental situation in the country, I propose to amend the Law “On Prosecutor’s office” in terms of allocation of supervision of implementation of environmental legislation in a separate sub-sector.
   

Therefore, the implementation of legislation in the sphere of ecology of the various actors in these relationships carries the stability of ecological and socio-economic security of our state. The rule of law in the field of environmental legislation in the current situation, perhaps by improving the law-making process in the country and serious organizational measures for ensuring effective public Prosecutor's supervision over execution of legislation in this sphere.

1. 
   About the environment : Law of the Republic of Belarus dated November 26, 1992, N 1982-XII: with ISM. and additional : text as on 01.07.2014 // National register of legal acts of the Republic of Belarus 10.07.2014. – № 2/2173.
   
2. 
   About the improvement of the control (Supervisory) activities in the Republic of Belarus : the Decree of the President of the Republic of Belarus dated October 16, 2009 510 N: var. and additional : text on 09 March 2011 // National register of legal acts of the Republic of Belarus on 20 October 2009. – № 1/11062.
   
3. 
   Handbook of attorney. – Minsk. – 2012 – 992 р.
   

В статье раскрывается понятие «прокурорский надзор за исполнением экологического законодательства», который является важным направлением деятельности прокуратуры, так как охрана окружающей среды и рациональное использование природных ресурсов – важная составляющая благосостояния нашего общества.