Illegal mining of mineral resources of the national importance: issues of subsoil protection with criminal-legal remedies
Authors:
O. O. Knyzhenko, Dr. Sc. (Jurid.), Prof., orcid.org/0000-0001-9252-7464, National Prosecution Academy of Ukraine, Kyiv, Ukraine, e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
S. O. Knyzhenko, Cand. Sc. (Jurid.), Assoc. Prof., orcid.org/0000-0002-1944-4256, Kharkiv National University of Internal Affairs, Kharkiv, Ukraine, e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.; This email address is being protected from spambots. You need JavaScript enabled to view it.
K. V. Yurtayeva, Cand. Sc. (Jurid.), Assoc. Prof., orcid.org/0000-0002-6096-2020, Kharkiv National University of Internal Affairs, Kharkiv, Ukraine, e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.; This email address is being protected from spambots. You need JavaScript enabled to view it.
Abstract:
Purpose. Complex, science-based research on acts described in Part 2 of Article 240 of the Criminal Code of Ukraine and practice of their investigation as an indispensable component of subsoil protection. Issues of classifying illegal mining of national importance and the investigation of these crimes are considered.
Methodology. Method of system analysis of acts related to illegal mining is used. Due to the system-structural and logical methods, an investigator’s activities when investigating these crimes are studied and analyzed.
Findings. The results of the study are determined by the fact that the need is proved for recognition of illegal mining of mineral resources as a completed offence from the moment of committing an act aimed at seizing mineral resources by any means. Expediency was substantiated to consider actions as minor ones in cases when illegal mining of mineral resources by its quantity, scale, character and other features neither did nor could cause considerable harm to the environment. The article defines subjects of collaboration during investigating illegal mining of mineral resources. The need is substantiated for the investigator to use modern unmanned compact aircraft systems when inspecting the scene during the investigation of these crimes. These devices will help in fixing the course and results of the inspection, as well as in prosecuting criminals, the delivery of small loads to the scene when necessary.
Originality. The authors article have proved the necessity of considering illegal mining of mineral resources to be a completed offence from the moment of committing an act aimed at their extraction by any means. A circle of subjects and tasks of collaboration during investigation of illegal mining is defined. Feasibility of using copters when inspecting a crime scene is substantiated.
Practical value. The work will help law-enforcement authorities to classify illegal mining activities properly; it guides an investigator regarding the circle of subjects and tasks of collaboration; it will give recommendations on selecting forensic tools when inspecting a crime scene in the commission of these crimes.
References.
1. Report on persons prosecuted and types of criminal penalties (2017). Retrieved from https://court.gov.ua/inshe/sudova_statystyka/.
2. The verdict of Olevskyi District Court of Zhytomyr region of December 27, 2018 in case No. 27/12/2018-k (2018). Retrieved from http://www.reyestr.court.gov.ua/Review/78900002.
3. The verdict of Sarnenskyi District Court of Rivne region of 11/02/2019 in case No. 571/1726/18 (2019). Retrieved from http://www.reyestr.court.gov.ua/Review/79734553.
4. The verdict of Dubrovytskyi District Court of Rivne region of 18/12/2018 in case No 560/1654/18 (2018). Retrieved from http://www.reyestr.court.gov.ua/Review/78623541.
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9. Baryshnikov, K. V., & Cherviakov, M. E. (2012). On the issue of the use of unmanned aerial vehicles during the inspection of the scene. Epokha nauki, (14), 19-21. https://doi.org/10.1555/2409-3203-2018-0-14-19-22.
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