CRIMINAL LEGAL CHARACTERISTICS OF CRIMES RELATING TO WATER PROTECTION RULES (LEGAL ANALYSIS)
Journal Title: Науковий вісник Херсонського державного університету. Серія «Юридичні науки» - Year 2018, Vol 2, Issue 4
Abstract
The article analyses the scientific approaches to defining the essence of forensic characteristics of crimes against the environment. Attention is paid to the need to allocate such scientific concepts as “criminological characteristics of certain types of criminal offence” or “criminological characteristics of crime groups”. The problem of the formation of criminological characteristics as a system of generalized data on the typical signs of criminal offences based on the relationships between elements. It emphasizes the practical importance of forensic characteristics in the investigation of crimes against environmental protection organization, in the construction of guidelines for pre-trial investigation of this group of criminal offences. Formulating the scientific concept on issues of the creation of theoretical foundations of the forensic methodology of investigation of crimes against the environment, it is necessary to determine the main categories that will be the subject of the study. In our case, one of the main categories is the forensic understanding of an ecological crime, an ecological criminal offense or a crime against the environment. In order to achieve this purpose, it is needed to identify directions and tasks of the study, find out a coherent interpretation of this main category by criminologists and practicing lawyers, as well as to define the concept of criminal legal characteristics of this type of offences. One can take as an axiom the assertion that the basis of forensic understanding of environmental criminal offenses is a legal definition. For example, O.N. Kolisnichenko noted that criminal law helps to correctly identify those circumstances to be clarified during the investigation, and I.M. Luzghin affirmed that crime investigation depends on its legal features and conditions of its commission. At the same time, specifics of crime against the environment are the fact that definition of this concept is affected by research results not only in the field of criminal law but also in the field of criminology, forensic psychology, environmental law.
Authors and Affiliations
В. К. Барвенко
Keywords
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