Organised environmental crime in a few Candidate Countries

4,75
MB

325
stron

1299
ID Betreuungsgesellschaft für Umweltfragen

2003
rok

Table of contents

1. INTRODUCTION AND DEFINITIONS 2

2. NUMERICAL EVALUATION OF ORGANISED CRIME IN THE SPHERE OF ENVIRONMENT6

2.1. METHODS AND FRAMEWORK..6

2.2. MARKETS IN THE CZECH REPUBLIC.10

Illegal trade in endangered species 10

Illegal pollution, dumping and storage of waste, including transfrontier shipment of hazardous waste

.21

Illegal commercial trade in ozone depleting substances ..28

Illegal dumping and shipment of radioactive waste.30

Illegal logging 31

Illegal Fishing 38

2.3. MARKETS IN ESTONIA43

Illegal trade in endangered species 43

Illegal pollution, dumping and storage of waste, including transfrontier shipment of hazardous waste

.44

Illegal commercial trade in ozone depleting substances ..46

Illegal dumping and shipment of radioactive waste.47

Illegal logging 49

Illegal fishing..54

2.4. MARKETS IN HUNGARY.56

Illegal trade in endangered species and their products .56

Illegal pollution, dumping and storage of waste, including transfrontier shipment of waste.58

Illegal commercial trade in ozone depleting substances ..62

Illegal dumping and shipment of radioactive waste.63

Illegal logging 63

Illegal fishing..64

2.5. MARKETS IN LITHUANIA66

Illegal trade in endangered species 66

Illegal pollution, dumping and storage of waste, including transfrontier shipment of waste.68

Illegal commercial trade in ozone depleting substances ..70

Illegal dumping and shipment of radioactive waste.71

Illegal logging 73

Illegal fishing..76

2.6. MARKETS IN POLAND.78

Illegal trade in endangered species 78

Illegal pollution, dumping and storage of waste, including transfrontier shipment of waste.83

Illegal commercial trade in ozone depleting substances ..94

Illegal dumping and shipment of radioactive waste.97

Illegal logging .103

Illegal fishing107

2.7. CASES IN THE CZECH REPUBLIC.111

In-depth example..112

Overall Remarks114

2.8. CASES IN ESTONIA115

In-depth examples115

Overall Remarks118

2.9. CASES IN HUNGARY.119

In-depth example..119

Overall Remarks120

2.10. CASES IN LITHUANIA 122

Cases of organised environmental crime..122

Overall Remarks128

2.11. CASES IN POLAND.129

In-depth examples129

Overall Remarks133

2.12. THE CASES IN COMPARISON .137

3. INFORMATION ON THE NATIONAL LEGAL INSTRUMENTS TO CONTROL ORGANISED

ENVIRONMENTAL CRIME IN THE CZECH REPUBLIC..156

3.1. ENVIRONMENTAL LAW156

The significance of environmental law in the context of the overall legal system - a brief overview

156

Constitutional aspects concerning the protection of the environment.

Identification of the leading principles in the field of environmental policy. 157

Development, principles and technique of environmental legislation.

Relationship between environmental law in general and environmental criminal law ..159

3.2. ORGANISED CRIME ..165

The (domestic) definition of organised crime ..165

Some remarks on the extension of organised crime in the country ..166

How extensive is the overlapping between environmenal and organised crime?

Theoretical and empirical perspectives.168

3.3. CHRONOLOGICAL LIST INDICATING THE TITLE AND PUBLICATION REFERENCES OF

THE RELEVANT TEXTS IN FORCE ..173

A selection of the most important texts concerning both organised crime and its legislation..173

A selection of the most important texts concerning both environmental crime and its legislation..173



A complete list of texts concerning organised environmental crime .174

Further explanation of the legal texts..174

Description of the link between environmental criminal law and organised crime legislation ..202

3.4. FRAMEWORK OF THE APPLICABLE LEGISLATION 203

The key principles of environmental criminal law ..203

The key principles of organised crime legislation..207

Parallels and differences ..212

3.5. SANCTIONS IN THE FIELD OF ORGANISED ENVIRONMENTAL CRIME.. ..213

Introduction to the sanction system .213

The sanctioning practise (official statistics concerning the number of criminal investigations,

convicted persons, sanctions imposed)220

4. INFORMATION ON THE NATIONAL LEGAL INSTRUMENTS TO CONTROL ORGANISED

ENVIRONMENTAL CRIME IN ESTONIA..225

4.1. ENVIRONMENTAL LAW225

The significance of environmental law in the context of the overall legal system - a brief overview

225

Constitutional aspects concerning the protection of the environment.

Identification of the leading principles in the field of environmental policy. 226

Development, principles and technique of environmental legislation.229

Relationship between environmental law in general and environmental criminal law ..232

4.2. ORGANISED CRIME ..234

The (domestic) definition of organised crime ..234

Some remarks on the extension of organised crime in the country ..235

How extensive is the overlapping between environmenal and organised crime.

Theoretical and empirical perspectives.238

4.3. CHRONOLOGICAL LIST INDICATING THE TITLE AND PUBLICATION REFERENCES OF

THE RELEVANT TEXTS IN FORCE ..239

A selection of the most important texts concerning both organised crime and its legislation..239

A selection of the most important texts concerning both environmental crime and its legislation..240



A complete list of texts concerning organised environmental crime .248

4.4. FRAMEWORK OF THE APPLICABLE LEGISLATION 248

The key principles of environmental criminal law ..248

The key principles of organised crime legislation..249

Parallels and differences ..250

4.5. SANCTIONS IN THE FIELD OF ORGANISED CRIME IN THE SPHERE OF THE

ENVIRONMENT..250

Introduction to the sanction system .250

The sanctioning practise (official statistics concerning the number of criminal investigations,

convicted persons, sanctions imposed).254

5. INFORMATION ON THE NATIONAL LEGAL INSTRUMENTS TO CONTROL ORGANISED

ENVIRONMENTAL CRIME IN HUNGARY ..261

5.1. ENVIRONMENTAL LAW261

The significance of environmental law in the context of the overall legal system - a brief overview

261

Constitutional provisions concerning the protection of the environment.

Identification of the leading principles in the field of environmental policy. 262

Development, principles and technique of environmental legislation.

Relationship between environmental law in general and environmental criminal law ..263

5.2. ORGANISED CRIME ..267

The (domestic) definition of organised crime ..267

Some remarks on the extension of organised crime in the country ..269

How extensive is the overlapping between environmenal and organised crime.

Theoretical and empirical perspectives.271

5.3. CHRONOLOGICAL LIST INDICATING THE TITLE AND PUBLICATION REFERENCES OF

THE RELEVANT TEXTS IN FORCE ..272

A selection of the most important texts concerning both organised crime and its legislation..272

A selection of the most important texts concerning both environmental crime and its legislation..272



A complete list of text concerning organised environmental crime 274

Description of the link between environmental criminal law and organised crime legislation ..275

5.4. FRAMEWORK OF THE APPLICABLE LEGISLATION 275

The key principles of environmental criminal law ..275

The key principles of organised crime legislation..278

Parallels and differences ..279

5.5. SANCTIONS IN THE FIELD OF ORGANISED CRIME IN THE SPHERE OF THE

ENVIRONMENT..279

Introduction to the sanction system .279

The sanctioning practise (official statistics concerning the number of criminal investigations,

convicted persons, sanctions imposed).281