SOME ASPECTS OF PREPARATION FOR THE TRIAL OF ENVIRONMENTAL ADMINISTRATIVE OFFENSES
Journal Title: Юридичний науковий електронний журнал - Year 2018, Vol 1, Issue
Abstract
The scientific article is devoted to the study of one of the problematic issues related to the stage of preparation of the case on environmental administrative offenses to juridical examination: determining the jurisdiction of such cases and the legislative regulation of the judge’s respective actions and their documentation.Given the actual absence of scientific works on this issue and taking into account the imperfection of the legislation on administrative offenses, this topic is relevant, and research is timely. The analysis of special sources, materials of the court practice (court decisions in cases of administrative violations that breach the requirements established by the legislation for the use of natural resources, the protection of natural resources and the provision of environmental safety, cause or may cause damage to the environment and (or) health of a person), the provisions of national legislation, in particular the norms of the Code of Ukraine on administrative offenses, highlighted a number of problematic aspects. Firstly, legal misregulation of the judge’s actions, and the uncertainty of the procedural document in the event when the case of environmental administrative offenses is not subject to the court. Secondly, the lack of legal settlement of a situation where the wrong qualification of an environmental administrative offense takes place and, in case of its requalification, the case will not be within the court jurisdiction. Thirdly, the lack of effective legislation is the lack of regulations in the CAOU about the possibility of requalification by the court of wrongly qualified environmental administrative offenses while preserving their jurisdiction.Possible steps to improve the legal regulation of court actions when studying the issue of the jurisdiction of cases on environmental (and other) administrative offenses at the stage of preparation of such cases may include:– extension of types of court decisions in cases on administrative offenses by supplementing them with such a form as a ruling;– granting courts the authority to take decisions on the transfer of a case on administrative (including environmental) offenses under jurisdic- tion or being subject to jurisdiction, as well as the transfer of materials to the authority that has drawn up a protocol onadministrative (including environmental) offenses to eliminate deficiencies in qualification of the corresponding act; – granting courts the authority to requalify administrative (including environmental) offenses during the preparation of the case for consideration in the event of sufficient evidence and the same generic object of the offense.
Authors and Affiliations
І. І. Денисюк
Keywords
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