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Total number
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0224U032772,
(0122U000803)
,
2021.01/0151 Improving the effectiveness of criminal law protection of the environment in Ukraine: theoretical and applied principles
Аналіз та узагальнення зібраної наукової та емпіричної інформації
Movchan Roman O., Доктор юридичних наук
04-12-2024
Vasyl' Stus Donetsk National University
The aim of the project is to identify ways to improve the effectiveness of criminal law protection of the environment in Ukraine at the legislative level (making proposals to improve regulations) and law enforcement level (making recommendations to judicial and law enforcement officers) taking into account the best foreign models and achievements of Ukrainian law.
A critical analysis of the provisions of criminal and regulatory legislation related to criminal law protection of the environment was carried out to identify gaps, conflicts, and other shortcomings, and a working draft of a legal model (concept) for improving criminal legal protection of the environment in Ukraine was elaborated. The author substantiates the hypothesis that it is necessary to supplement the list of aggravating elements provided for in Article 240-1 of the Criminal Code of Ukraine by indicating that the crime under study was committed by a group of persons and an organized group (Part 2 and Part 3 of this Article of the Criminal Code of Ukraine, respectively). The doctrinal positions have been further developed, the essence of which is that: 1) legislative uncertainty regarding the minimum amount of illegal amber extraction: a) may lead to different legal assessments of identical acts; b) is a corruption “loophole” for law enforcement officers, since any criminal proceedings can be closed if desired by recognizing the act as insignificant; 2) application of Part 1 of Article 240-1 of the Criminal Code of Ukraine to all (regardless of size) cases of illegal amber operations does not meet the requirement of relative prevalence of the act as one of the factors of criminalization. For the first time, the author substantiates the research hypothesis that de lege ferenda criminal liability under Article 241 of the Criminal Code of Ukraine: firstly, should be imposed not only for violation of special rules which results in change in the natural properties of atmospheric air due to its saturation with various pollutants, but also if there is a consequence in the form of a change in atmospheric phenomena; secondly, should not be associated with such derivative socially dangerous consequences as endangering life, health or the environment.
Dudorov Oleksandr O.
Dushevska Olena V.
Kamenskyi Dmytro V.
Pysmenskyi Yevhen O.
2024-12-04
Updated: 2025-12-13
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