LEGAL PROBLEMS OF ANTI-DISTINCTION IN AN UNLOCKABLE USE OF VALUE-BASED VALUES (IN AN EXAMPLE OF THE ANALYSIS OF REVIEW BY CRUISES OF CRIMINAL PROCEEDINGS UNDER ARTICLE 240, Part 2)
Journal Title: Правовий часопис Донбасу - Year 2017, Vol 61, Issue 3
Abstract
The article is devoted to the analysis of the practice of consideration by the Krivoy Rog district court of criminal proceedings instituted under Part 2, Article 240 of the Criminal Code of Ukraine, with the identification of problematic legal issues of counteracting illegal extraction of minerals of national importance. In the course of the study, the reasons for the appearance of a negative phenomenon in the form of illegal mining of mineral resources of national importance were analyzed, specific mechanisms for solving the problem were proposed by amending the relevant regulatory legal acts, both on obtaining special permits for the use of subsoil resources and the norms of the criminal code of Ukraine. The authors found that the damage caused during the illegal mining of minerals of national importance can be considered both in the economic sense, namely not the payment of the corresponding taxes and fees, and the ecological one, which manifests itself in the physical destruction of minerals and the upper fertile soil layer. A significant part of the damage caused remains unrequited. Due to the fact that it is not possible to establish a causal link in the actions of the persons concerned, and the practice of the sentences in criminal cases shows that most of the sentences are not appealed in the appeal procedure on the basis of a fairly loyal and lawful punishment. And the absence of state mechanisms for controlling the amount of mineral resources does not provide real mechanisms for controlling and accounting for the relevant minerals, which in turn contributes to the growth of organized crime and the development of corrupt statements both among law enforcement agencies and local governments
Authors and Affiliations
Alexander Makarenko, Natalyа Makarenko
Keywords
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