DETERMINANTS OF CRIMINAL OFFENSES AGAINST THE ENVIRONMENT IN UKRAINE

Abstract

In the scientific article, based on the study of normative and legal sources, the practice of their application and the points of view of scientists on the chosen topic, the problems of determining criminal offenses against the environment in Ukraine are investigated. The classification of the causes of crime in the specified area was carried out depending on the level of their action, by sources, by content and by the nature of occurrence. The conditions of crime against the environment are singled out (frequent reformation of specially authorized state bodies in the field of nature protection; inflation and unemployment, which cause the spread of illegal cutting of forest plantations; inadequate level of funding, technical equipment, personnel and resource provision of state nature protection bodies, etc.). The existence of gaps and inconsistencies in certain provisions of environmental legislation is indicated, which, along with organizational and technical measures in the conditions of martial law in Ukraine, are the main determinants of criminal offenses against the environment. It was emphasized that the high social danger of environmental crime requires the adoption of complex measures to combat the criminal behavior of persons whose activities pose a threat not only to the ecology of our country, but also to the global ecosystem. It was concluded that significant chemical pollution of soil and water, deforestation, destruction of flora and fauna, actualizes the development of a unified state policy in the field of combating environmental crime, the establishment of an effective system of state monitoring of the state of the environment, which will make it possible to record the real amount of environmental damage caused. Arguments are given that the national post-war recovery plan should include measures to restore and preserve ecosystems, in particular on the basis of a criminological examination of regulatory legal acts in the field of environmental protection.