GENERAL THEORETICAL PARADIGMS DETERMINING LAND OF CRIMES
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 6, Issue
Abstract
The article is devoted to the issue of criminal responsibility for crimes in the sphere of land relations – Land crimes. The definition of such crimes is in accordance with general theoretical paradigm of the offense under Art. 11 Criminal Code of Ukraine. Special procedure for legal protection of land resources in Ukraine is determined by constitutional provisions, in particular, Аrt. 14 of the Basic Law stipulates that the land assigned to the main national wealth that is under special state protection. One such methods of legal protection is to establish criminal responsibility for crimes lands. Thus, without correct definition of a particular type of crime it can’t be solved the issue of criminal responsibility and punishment for such socially dangerous acts. It is proposed to recognize of land resources offenses connected with the protection, rational use and reproduction as socially dangerous guilty (intentional) act (action or inaction), provided by the respective criminal legal norms of the Criminal Code of Ukraine that was committed by subject and impinge on relations in the sphere of protection, reproduction and rational use of land resources. According to this definition, land crimes have some specific features. First of all, there are public insecurity that pointing to the importance of protected goods, public relations, etc., and the nature of negative consequences for individuals, society, environment and state. Second, guilt means that all land crime is being committed only intentionally. Third, the unlawfulness means securing land socially dangerous act in the Special Part of the current Criminal Code of Ukraine. Fourth, land crimes can be committed only by relevant subject – general or special, depending on the characteristics of the objective side. Fifthly, land crimes are characterized by a special object of criminal protection, which is quite diverse, including a land property relations, relations in the sphere of environmental security relations in the field of agriculture. Due to the versatility of direct objects of land crimes it is offered not combine them in one section of the Special Part, but rather their transfer under the main direct object: Articles 239-1 and 239-2 of the Criminal Code of Ukraine Section VI «Crimes against property»; Art. 254 Criminal Code of Ukraine Section VII «Crimes in economic activity». Only Art. 239 Criminal Code of Ukraine should be contained in Section VIII «Crimes against the environment».
Authors and Affiliations
А. М. Шульга
Keywords
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