Regarding the Issue on Objective Features of the Corpus Delicti of the Violation of Water Protection Rules
Journal Title: Recht der Osteuropäischen Staaten - Year 2018, Vol 1, Issue
Abstract
The article is focused on the analysis of problematic issues of objective features of the corpus delicti of the violation of water protection rules. The author pays special attention to the analysis of scientific ideas about the object of a crime within criminal law and supporting the concept of “object of crime – social values” comes to the conclusion that the direct object of a crime under the Art. 242 of the Criminal Code of Ukraine, is the established procedure for the preservation, use, reproduction and protection of water resources from pollution, changes in their natural properties and exhaustion. Obligatory feature of the actus reus of the analyzed crime is an act in the form of violation of water protection rules (water objects), which is an action or omission and consists in non-fulfillment of the requirements of certain regulatory acts: special ones, concerning ecological safety and those, regulating the issues of water protection (water objects). Analyzing the disposition of the p. 1 of the Art. 242 of the Criminal Code of Ukraine, the author emphasizes that the social and dangerous consequences of the violation of water protection rules (water objects) are: pollution of surface or underground waters and aquifers, sources of drinking, medical waters or change of their natural properties or depletion of water sources. The author clarifies in detail the essence and content of such concepts as “pollution” and “exhaustion” and emphasizes attention on the fact that the public danger of pollution of water facilities as a consequence of the violation of water protection rules is determined, first, as an attack on the established order of preservation, use, reproduction and protection of water (water objects) from pollution, negative change in their natural properties and exhaustion; secondly, the direct link with other unlawful acts, which are serious crimes; thirdly, with significant harm, severe consequences. Having analyzed the regulatory acts and opinions of scholars about the objective features of the corpus delicti, stipulated by the p. 1 and p. 2 of the Art. 242 of the Criminal Code of Ukraine, the author states that the objective of the legislative decision was to establish liability for the violation of water protection rules. Legislative realization of such an objective has been reflected in the formulation of the actus reus of the corpus delicti and determination in the dispositions of the p. 1 and p. 2 of the Art. 242 of the Criminal Code of Ukraine both acts in the form of the violation of water protection rules (water objects) and consequences – causing pollution of surface or ground waters and aquifers, sources of drinking, medical waters or the change of their natural properties, or exhaustion of water sources and creating a danger to life, health of people or for the environment (p. 1 of the Art. 242) and death or disease of people, mass mortality of objects of animal and plant world or other grave consequences (p. 2 of the Art. 242).
Authors and Affiliations
Інна Володимирівна Берднік
Keywords
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