COMPARATIVE CHARACTERISTICS OF CRIMINAL AND LEGAL PROTECTION OF WATER RESOURCES UNDER THE LAW OF UKRAINE, BELARUS AND RUSSIA
Journal Title: «Приватне та публічне право» - Year 2018, Vol 1, Issue
Abstract
The scale of the development of techno-industrial branches of human activity radically changed the possibilities of its influence on the environment. Almost everywhere in the world the ecological situation worsens, natural resources are shrinking, and the health of people is deteriorating. That is why one of the main problems of the present human development is life in the face of limited natural resources and food and the deterioration of the environment. Significant prevalence of environmental offenses causes exceptional concern not only in Ukraine but also throughout the world. This is evidenced by a large number of international documents. Among them, in particular, The International Covenant on Economic, Social and Cultural Rights (which requires the «demand for the most effective development and application of natural resources»), The World Charter for Nature (this document obliges all states to maintain the planet and its nature), The Declaration on Environment and Development (envisages that environmental protection is an integral part of the process of sustainable development and cannot be distanced from it). Problems of criminal law protection of water resources under the legislation of foreign countries were the subject of research in the work of such scientists as: Gavrish S.B., Matviychuk V.K., Melnik M.I., Prisyazhny V.M. The purpose of this article is to analyze the foreign experience of criminal law protection of water resources. It should be emphasized that the issue of conservation and reproduction of water (water resources, objects) belongs to the key social and scientific and technical problems of the present. Despite the decisive significance of solving this problem, the comparative legal method of its investigation is almost completely absent. However, it is well-known that comparative research does not only have a remarkable scientific and cognitive function, but also has a meaningful practical meaning. Therefore, it is necessary to conduct a study on the composition of crimes related to violations of the relevant rules and norms for water protection in the legislation of Ukraine and some foreign countries in a comparative aspect. First of all, it is necessary to analyze the structure of the criminal legislation of the studied foreign countries and the place of norms for the protection of water resources in it. Generally recognized for the overwhelming majority of countries is the division of environmental crimes into a separate section of the criminal law, which also contains rules for the protection of waters. The analysis of the above norms of foreign legislation testifies that the specific features of ensuring the criminal legal protection of water resources for the specified countries are such as water pollution, violation of the rules of use, operation and protection of water objects as integral elements of the natural environment. However, these acts are formulated in somewhat different interpretations. At the same time, such differences do not create significant difficulties either in interpreting foreign law, or in the implementation of comparative legal analysis with the provisions of the criminal law of Ukraine.
Authors and Affiliations
І. В. Берднік
Keywords
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