Features of Means the Crime of Marine Pollution and Specific Traces of the Crime, the Adverse Effects Determined
Journal Title: Право та державне управління - Year 2016, Vol 1, Issue
Abstract
In this article analyzes the question of elements of criminalistics specification of crimes marine pollution as a means to commit and trace picture. The urgency of sending problems associated with the need to build a methodology of crime investigation of marine pollution, the study of which is not given enough attention in the scientific literature. Can the following methods of committing crime, dumping, dumping of harmful substances or breach special that led to the pollution of the sea. The territory of the offense – territorial waters, internal economic zone, the open sea. It is necessary to clarify the criminal law in terms of fixing criminal liability for acts of negligence that led to the pollution of the sea. As for the essence of the concept of acts that led to significant pollution of the sea, according to the legislation of Ukraine are characterized as the introduction by man, directly or indirectly, substances, microorganisms in the marine environment, including the mouth parts of the year, which lead or may lead to disastrous consequences, harm living resources and marine life, impair the quality of sea water and recreation. In the context of sending study should be noted that not all acts that lead to pollution of the sea, covered by criminal sanctions. The acts that led to the pollution of the sea, do not fall under the sanctions of the criminal law when they were unintended consequence (force majeure). Trace picture for this category of offenses is diverse and is directly related to consequences, and is ideal traces in the memory of people are eyewitnesses to the crime shows. Traces of the results of the crime may be located in dead animals, plants, marine waters etc. Component trace information for crimes in the field of marine pollution is harmful substances. These harmful substances can be found on a ship in the marine environment on the banks, enterprises and others. Obstacles to achieving the objective truth is that the crew members spend a long time together, between them there are steel relationships that could lead to slander or concealing a crime.
Authors and Affiliations
О. В. Тимченко
Keywords
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