Some issues of improvement of criminal legal protection of relations in the field of environment
The scientific article is devoted to the analysis of certain provisions of the draft of the new Criminal Code of Ukraine aimed at regulating legal relations in the field of combating criminal offenses against the environment. Based on the analysis of scientific publications related to the reform of...
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| Format: | Article |
| Language: | English |
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Uzhhorod National University
2024-03-01
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| Series: | Аналітично-порівняльне правознавство |
| Subjects: | |
| Online Access: | http://journal-app.uzhnu.edu.ua/article/view/300030 |
| _version_ | 1797248651163074560 |
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| author | S.I. Marko |
| author_facet | S.I. Marko |
| author_sort | S.I. Marko |
| collection | DOAJ |
| description |
The scientific article is devoted to the analysis of certain provisions of the draft of the new Criminal Code of Ukraine aimed at regulating legal relations in the field of combating criminal offenses against the environment. Based on the analysis of scientific publications related to the reform of criminal legislation, attention is focused on the expediency of improving the system of combating environmental crime, adapting the national Criminal Code of Ukraine to the requirements of the European Union and achieving compliance with its requirements and goals. A scientific study of the content of the fifth and sixth Books of the Project, which are an attempt to normalize legal relations in the field of criminal and legal protection of the environment, was carried out. Arguments are given regarding the expediency of adjusting the structure and content of the Project's prescriptions in connection with the different location of individual norms of its Special Part, united by a common generic object. In particular, an opinion has been developed regarding the separation of the Book on criminal offenses against the environment, which should include the chapters devoted to criminal offenses against environmental safety and criminal offenses against the order of use and protection of natural resources placed in other Books of the Project. In addition, based on the results of the research, the need to determine the most appropriate name for the corresponding section of the future criminal law, which would take into account the content and meaning of the terms "Criminal offenses against nature and environmental safety” used in it, which characterize primarily the generic object of criminal offenses in the studied sphere It is noted that certain actions provided for by the Project are of a "complex” nature and may encroach both on relations against environmental safety and on the procedure for using the state's natural resources, while directly or indirectly affecting public health. It has been proven that such a subsection of the Special Part of the future Criminal Code of Ukraine should contain both criminal offenses against environmental safety and torts against nature (the surrounding natural environment), which are actually equated with criminal violations against the order of use of natural resources.
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| first_indexed | 2024-04-24T20:17:58Z |
| format | Article |
| id | doaj.art-f014e81aa226413cab6f03207c7d9215 |
| institution | Directory Open Access Journal |
| issn | 2788-6018 |
| language | English |
| last_indexed | 2024-04-24T20:17:58Z |
| publishDate | 2024-03-01 |
| publisher | Uzhhorod National University |
| record_format | Article |
| series | Аналітично-порівняльне правознавство |
| spelling | doaj.art-f014e81aa226413cab6f03207c7d92152024-03-22T16:00:13ZengUzhhorod National UniversityАналітично-порівняльне правознавство2788-60182024-03-01110.24144/2788-6018.2024.01.90Some issues of improvement of criminal legal protection of relations in the field of environmentS.I. Marko0candidate of legal sciences,, associate professor associate professor of criminal procedure and criminology at department of Faculty № 1 institute for training specialists for units investigations of Lviv State University of Internal Affairs The scientific article is devoted to the analysis of certain provisions of the draft of the new Criminal Code of Ukraine aimed at regulating legal relations in the field of combating criminal offenses against the environment. Based on the analysis of scientific publications related to the reform of criminal legislation, attention is focused on the expediency of improving the system of combating environmental crime, adapting the national Criminal Code of Ukraine to the requirements of the European Union and achieving compliance with its requirements and goals. A scientific study of the content of the fifth and sixth Books of the Project, which are an attempt to normalize legal relations in the field of criminal and legal protection of the environment, was carried out. Arguments are given regarding the expediency of adjusting the structure and content of the Project's prescriptions in connection with the different location of individual norms of its Special Part, united by a common generic object. In particular, an opinion has been developed regarding the separation of the Book on criminal offenses against the environment, which should include the chapters devoted to criminal offenses against environmental safety and criminal offenses against the order of use and protection of natural resources placed in other Books of the Project. In addition, based on the results of the research, the need to determine the most appropriate name for the corresponding section of the future criminal law, which would take into account the content and meaning of the terms "Criminal offenses against nature and environmental safety” used in it, which characterize primarily the generic object of criminal offenses in the studied sphere It is noted that certain actions provided for by the Project are of a "complex” nature and may encroach both on relations against environmental safety and on the procedure for using the state's natural resources, while directly or indirectly affecting public health. It has been proven that such a subsection of the Special Part of the future Criminal Code of Ukraine should contain both criminal offenses against environmental safety and torts against nature (the surrounding natural environment), which are actually equated with criminal violations against the order of use of natural resources. http://journal-app.uzhnu.edu.ua/article/view/300030Кримінальний кодексреформуваннякримінальні правопорушеннядовкіллянавколишнє природне середовище |
| spellingShingle | S.I. Marko Some issues of improvement of criminal legal protection of relations in the field of environment Аналітично-порівняльне правознавство Кримінальний кодекс реформування кримінальні правопорушення довкілля навколишнє природне середовище |
| title | Some issues of improvement of criminal legal protection of relations in the field of environment |
| title_full | Some issues of improvement of criminal legal protection of relations in the field of environment |
| title_fullStr | Some issues of improvement of criminal legal protection of relations in the field of environment |
| title_full_unstemmed | Some issues of improvement of criminal legal protection of relations in the field of environment |
| title_short | Some issues of improvement of criminal legal protection of relations in the field of environment |
| title_sort | some issues of improvement of criminal legal protection of relations in the field of environment |
| topic | Кримінальний кодекс реформування кримінальні правопорушення довкілля навколишнє природне середовище |
| url | http://journal-app.uzhnu.edu.ua/article/view/300030 |
| work_keys_str_mv | AT simarko someissuesofimprovementofcriminallegalprotectionofrelationsinthefieldofenvironment |