PROBLEMS OF DETERMINATION SOCIALLY DANGEROUS CONSEQUENCES IN CRIMES AGAINST LAND RESOURCES
Journal Title: «Приватне та публічне право» - Year 2017, Vol 4, Issue
Abstract
The article is dedicated to the pressing questions of determination socially dangerous consequences of crimes against the land resources. Coming from constitutional position about importance of land for a human, society and state, a criminal code is envisage norms providing its criminally-legal protection from criminal encroachments. The crimes against land resources include: unauthorized seizure of the land plot (part 1, 2 of Article 197-1 of the Criminal Code of Ukraine), pollution or damage to lands (Article 239 of the Criminal Code of Ukraine), illegal seizure of soil (surface layer) Article 239-1 of the Criminal Code of Ukraine), illegal seizure of the lands of the water fund in a particularly large amount (Article 239-2 of the Criminal Code of Ukraine), mismanagement of land (Article 254 of the Criminal Code of Ukraine). These crimes relate to crimes with material composition, which obliges the establishment of socially dangerous consequences. The socially dangerous consequences of crimes against land resources consist of environmental, personal (physical) and economic harm. The basis of socially dangerous consequences of crimes against land resources is environmental damage, which is caused by the natural origin of the earth, as the basis of everything on Earth. Ecological harm, first of all, is a violation of the integrity of the soil cover, deterioration of the natural properties of land resources, the entry into the fertile layers of hazardous substances for humans and other natural elements, materials, waste, etc. Inherent, but secondary are the consequences in the form of personal (physical) and economic harm. In the event of a violation of the natural properties of land resources with inevitability, this affects a person – his life and health, violates the right of land ownership and land use rights. In the first case, the life expectancy decreases, mortality increases, and the birth rate decreases, and the quality of life deteriorates. In the second case, if the qualitative and quantitative indicators of land resources deteriorate, they are withdrawn from the composition of highly productive lands, which leads to a decrease in agricultural indicators (yield reduction, deterioration in the quality of cultivated crops, etc.). The existing law-enforcement practice operates with the notion of “death of people” and “grave consequences”. All other types of harm in criminal encroachments on land resources are of an evaluation nature. It is this factor that does not allow more active use of these articles of crimes against land resources in practice. Based on the foregoing, conclusions were drawn on the need to specify the types of consequences of crimes against land resources. It is indicated that the type of socially dangerous consequences of crimes against land resources directly depends on the object of criminal-legal protection. Thus, in these crimes, the main direct object is relations in the sphere of protection, rational use and restoration of land resources, as well as the normal natural state of this element of nature. Accordingly, the main type of socially dangerous consequences of criminal encroachment on land resources is environmental damage, and only then the life and health of people, relations of land ownership and land use rights. It is proposed to make appropriate additions to the current criminal legislation with regard to the certainty of socially dangerous consequences with a view to clear implementation of the above criminal law norms in practice.
Authors and Affiliations
А. М. , Шульга
Keywords
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