FEATURE OF QUALIFICATION OF VIOLATIONS OF FISHING RULES
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 6, Issue
Abstract
The article reveals the topic of violations of the rules for catching fish in Ukraine. This topic is relevant. These studies make it possible to correctly qualify the actions in the sphere of violations of the rules of fishing. Outlined the positive and negative aspects of the legislative technique using blanket disposition. Qualifying signs of the objective side of an administrative offense for illegal fishing have been analyzed. The article analyzes different compositions of an administrative offense in the sphere of illegal fishing. The author concluded that a gross violation of the rules for catching fish is associated with the use of special accessories for fishing, which are prohibited by the state in amateur and sport fishing. The qualifying trait in the form of the caused harm is studied. The article of the criminal law contains a requirement of causing significant harm. It is necessary to recognize any violation of the rules of fishing as an administrative offense. An unlawful act is recognized as a criminal offense if a significant breach is infringed by fishing rules. Judicial practice does not have a onetrack approach in the qualification of acts that violate the rules of fishing. The reason for the different application of administrative and criminal norms is the valuation concept of significant harm. To eliminate the different application of administrative and criminal norms, it is necessary to conduct an environmental assessment and determine the extent of the harm caused. The establishment of the amount of damage will make it possible to correctly qualify an administrative offense or a criminal offense.
Authors and Affiliations
С. М. Мойсак
Keywords
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