FOREST SPHERE, AS AN OBJECT OF CRIMINAL LAW PROTECTION
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.2, No. 26)Publication Date: 2020-04-30
Authors : Budiachenko Olha;
Page : 18-24
Keywords : environmental crime; forest; criminal liability; crime;
Abstract
The article deals with the criminal law principles of forest protection in Ukraine. The main features of environmental crime are highlighted. Particular attention was paid to the disclosure of the features of the forest complex as an integral part of Ukraine's natural resource complex. The place of forest resources in the forestry system is determined. It is established that one of the reasons for this problem is the lack of accurate identification of the forest as a subject of criminal protection. In the current criminal law the concept of «forest» is not disclosed, which does not allow to fully allocate it to an independent subject of criminal law protection, at the same time the legislator determines that they are «other specially protected forests», thus avoiding the initial general definition of the forest as a whole as a separate part of the ecosystem and an independent subject of criminal protection. Therefore, the concepts of forest legislation are analyzed and forest definitions are provided. It is proved that the definition of the main criteria of the concept of «forest» gives an opportunity to get a comprehensive view of the forest, its ecological and legal value and criminal protection, as well as to formulate proposals for improving the criminal legislation in the field of environmental protection and rational use and reproduction forests as an important element of the environment.
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