FEATURES OF THE SUBJECT OF CRIMINAL PROTECTION AGAINST LAND RESOURCES

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FEATURES OF THE SUBJECT OF CRIMINAL PROTECTION AGAINST LAND RESOURCES

Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 6, Issue

Abstract

The article is devoted to actual problems of criminal responsibility for crimes against land resources, namely, the subject of crime. The main signs and types of subjects of crimes against land resources are considered. These crimes can be committed by both general and special subjects. The general subject is for unauthorized seizure of someone else’s land plot (part 1, 2 of Article 197–1 of the Criminal Code of Ukraine), illegal seizure of the soil (surface layer) of land (Article 239–1 of the Criminal Code of Ukraine), as well as for illegal seizure lands of the water fund in a particularly large amount (Article 239–2 of the Criminal Code of Ukraine). A special subject may be pollution or damage to lands (Article 239 of the Criminal Code of Ukraine), as well as mismanagement of land (Article 254 of the Criminal Code of Ukraine). A special feature of a special subject in crimes against land resources is that such a subject must have special knowledge and authority to handle substances or waste or other materials dangerous to human life and health or the environment (Article 239 of the Criminal Code of Ukraine) or have special knowledge to perform the functions of a farmer (Article 254 of the Criminal Code of Ukraine). At the same time, a special subject, but on the basis of an official, may commit other crimes against land resources: unauthorized seizure of a land plot (Article 197–1 of the Criminal Code of Ukraine), illegal seizure of the soil (surface layer) of land (Article 239–1 of the Criminal Code Ukraine), as well as illegal seizure of the lands of the water fund in a particularly large amount (Article 239–2 of the Criminal Code of Ukraine). In this case, a special subject – the official acts as an aggravating circumstance – a qualifying feature. The issue of the possibility of establishing criminal liability for crimes against land resources for legal entities was considered separately. It was concluded that it is not expedient to apply this criminal-legal institution for this group of crimes, and also that, in general, the subject of crimes against land resources may be a physical person who is mentally healthy, who has reached the age of 16. And in case of spoilage or pollution of land and mismanagement of the land – also possessing special knowledge and authority in the sphere of handling dangerous for life and health of man or the environment substances, waste or other materials (Article 239 of the Criminal Code of Ukraine) or have special knowledge and skills when applying to the agricultural land (Article 254 of the Criminal Code of Ukraine).

Authors and Affiliations

А. М. Шульга

Keywords

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EP ID EP480366
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