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Information × Registration Number 0223U003804, 0122U201785 , R & D reports Title Conceptual principles of criminal and legal protection of the environment in Ukraine popup.stage_title Head Movchan Roman O., Доктор юридичних наук Registration Date 07-07-2023 Organization Movchan Roman Oleksandrovich popup.description2 The work is aimed at developing the concept of criminal law enforcement of effective environmental protection in Ukraine. Within the scope of the work, it is proposed to establish uniform and formally defined indicators of crime-forming and qualifying features for criminal offenses against the environment in the form of substantial damage, significant damage and serious consequences. It is argued that instead of the abstract concept "creating a danger to life, health of people and the environment" used in some of the norms placed in Chapter VIII of the Special Part of the Criminal Code of Ukraine, clearly defined formalized consequences should be indicated, the presence of which will serve as a normative criterion for demarcating the relevant administrative and criminal offenses. There is a well-founded need to differentiate criminal liability for intentional (Articles 239 and 245 of the Criminal Code of Ukraine) and careless manifestations of land pollution or damage and destruction or damage to plant life (new Articles 239-3 and 245-1 of the Criminal Code of Ukraine). It is proposed to establish criminal liability for the destruction or damage, firstly, of any green vegetation, and not only around settlements, and secondly, as well as stubble, dry wild grasses, vegetation or its remains on any lands, and not only on agricultural land. It is proved that in the new edition of Art. 246 of the Criminal Code of Ukraine, it should be pointed out that: firstly, not only illegal felling, but also damage to trees and shrubs to the point of stopping growth are punishable by it; secondly, the subject of this crime is not only wet growing, but also dead trees and shrubs. A system of adequate and coordinated sanctions for committing criminal offenses against the environment has been developed. Product Description popup.authors Movchan Roman O. popup.nrat_date 2023-07-07 Close
R & D report
Head: Movchan Roman O.. Conceptual principles of criminal and legal protection of the environment in Ukraine. (popup.stage: ). Movchan Roman Oleksandrovich. № 0223U003804
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