Науковий вісник НГУ

Criminal-environmental policy of Ukraine: compensation for damage caused by crimes against the environment

• 
• 

User Rating:  / 2

PoorBest 

Details

Category: Contens №3 2020

Last Updated on 13 September 2020

Published on 02 July 2020

Hits: 3498

Authors:

G. I. Baliuk, Corr. Member of the NAS of Ukraine, Dr. Sc. (Jurid.), Prof., Professor at the Department of Environmental Law, orcid.org/0000-0001-5855-0142, Taras Shevchenko National University of Kyiv, Kyiv, Ukraine e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

O. P. Kuchynska, Dr. Sc. (Jurid.), Prof., Professor at the Department of Justice, orcid.org/0000-0003-3464-4798, Taras Shevchenko National University of Kyiv, Kyiv, Ukraine e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

T. G. Kovalchuk, Cand. Sc. (Jurid.), Assoc. Prof., Head of the Department of Environmental Law, orcid.org/0000-0003-0157-2767, Taras Shevchenko National University of Kyiv, Kyiv, Ukraine e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Y. L. Vlasenko, Cand. Sc. (Jurid.), Assoc. Prof., Senior Lecturer at the Department of Environmental Law, orcid.org/0000-0002-7494-2960, Taras Shevchenko National University of Kyiv, Kyiv, Ukraine e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Y. V. Tsyganyuk, Cand. Sc. (Jurid.), Senior Lecturer at the Department of Law and Law-Enforcement Practice, orcid.org/0000-0002-8495-3583, Khmelnytsky Institute of Interregional Academy of Personnel Management, Khmelnytsky, Ukraine

Naukovyi Visnyk Natsionalnoho Hirnychoho Universytetu. 2020, (3): 157-163

https://doi.org/10.33271/nvngu/2020-3/157

повний текст / full article

Abstract:

Purpose. To analyze issues of criminal ecological policy of Ukraine, which is one of the ways for human rights protection for individuals who have been harmed as a consequence of committing crimes against the environment; to define the current status of the problem in Ukraine, foreign experience and provide scientifically grounded propositions for current legislation improvement.

Methodology. General and special methods were applied during the investigation: method of formal logical analysis, comparative method, structural approach, sociological, statistical and method of comparative law.

Findings. According to the research, it was established that human rights protection for individuals who have been harmed as a consequence of crimes against environmental safety, requires changes in the legal regulation and in practice of law enforcement in three directions. First, there is a possibility for an individual to be affected only by the infliction of moral damage in environmental crimes. Second, the use of the regulation in The Criminal Procedural Code of Ukraine, according to which the victim cannot be a person who has been inflicted non-pecuniary damage as a legal representative or a certain part of society, has to be treated as erroneous. Third, replacing the notion and concept of “close relatives” and “family members” with “successors” will help to optimize the objectives of criminal proceedings.

Originality. As a result, there have been developed directions of changes in legal regulation and in practice of application of legislation that standardizes human rights protection for individuals who have been damaged in crimes against environmental safety. Also, the criminal procedural legislation’s ineffectiveness is established and possible ways of optimizing its provisions are suggested.

Practical value. The practical significance of the results is that they can be used in pre-trial investigations and criminal proceedings on environmental security offenses, by subjects of legislative initiative, scientists, and higher education applicants.

References.

1. Khylhendorf, Je. (2012). Punitive legislation and criminal law doctrine. Issues of Russian and International Law, 1, 111-141.

2. Schulga, A. M. (2013). Criminal protection of land from pollution or damage: monograph. Kharkiv: Kharkiv National University of Internal Affairs.

3. Draft articles on the responsibility of States for internationally wrongful acts 2001. Report of the International Law Commission on the work of its fifty-third session (A/56/10) (2001). Retrieved from https://legal.un.org/ilc/publications/yearbooks/russian/ilc_2001_v2_p2.pdf.

4. Hryshchuk, V. K., & Pasieka, O. F. (2013). Criminal liability of legal entities: comparative legal research: monograph. Lviv: State University of Internal Affairs.

5. Shumilo, O. (2014). Criminal liability of legal entities for environmental crimes. National Law Journal, 185, 181-186.

6. The Convention on the Protection of the Environment by Criminal Law of 04.11.1998/Council of Europe (ETS N 172) (n.d.). Retrieved from https://zakon.rada.gov.ua/laws/show/994_560.

7. Panchenko, O. V., & Proskura, T. B. (2017). Codification of environmental legislation: world experience and Ukrainian perspectives. Young Scientist, 3, 549-554.

8. Directive No 2008/99/EU of the European Parliament and of the Council on the protection of the environment through criminal law /2008/99/EU (n.d.). Retrieved from: https: //zakon.rada.gov.ua/laws/main/994_a63.

9. Pohoretskyi, M. A., Serhieieva, D. B., & Starenkyi, O. S. (2019). Expert’s findings in criminal proceedings on environmental crimes. Naukovyi Visnyk Natsionalnoho Hirnychoho Universytetu, (1), 155-163. https://doi.org/10.29202/nvngu/2019-1/16.

10. Kyselov, A. O. (2019). Combating illegal amber mining: peculiarities of conflict resolution. Naukovyi Visnyk Natsionalnoho Hirnychoho Universytetu, (2), 146-152. https://doi.org/10.29202/nvngu/2019-2/19.

11. Law of Ukraine “On Amendments to the Law of Ukraine” On Peculiarities of State Regulation of the Activity of Entities of Entrepreneurship Activities Related to the Implementation and Export of Timber”, 2015, (2015, April 9). Vidomosti of the Verkhovna Rada, 31, 29. Retrieved from https://zakon.rada.gov.ua/laws/show/2860-15.

12. Law of Ukraine “On Preservation of Ukrainian Forests and Prevention of Improper Movement of Raw Timber», 2018, (2018, September 6). Vidomosti of the Verkhovna Rada, 42, 327. Retrieved from https:/https://zakon.rada.gov.ua/laws/show/2531-19.

13. Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on the Conservation of Ukrainian Forests”, 2019, (2019, April 25). Vidomosti of the Verkhovna Rada, 22, 83. Retrieved from https://zakon.rada.gov.ua/laws/show/2708-19.

14. Criminal Code of Ukraine, 2001, (2001, April 05). (Edited by 10/18/2019). Vidomosti of the Verkhovna Rada, 25-26, 131. Retrieved from https://zakon.rada.gov.ua/laws/show/2341-14.

15. Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community, and their Member States, on the other. The agreement was ratified by the Law of September 16, 2014 (2014). Retrieved from https://zakon.rada.gov.ua/laws/show/984_011.

16. Ministry of Ecology and Natural Resources of Ukraine, FOP Grin D. S. (2017). National Report on the State of the Environment in Ukraine in 2015. Retrieved from https://menr.gov.ua/news/31768.html.

17. Khylko, M. I. (2018). Biosphere and human health. Philosophical Sciences. The collection of scientific works “Gilea: the scientific bulletin”, 133, 140-143.

18. Criminal Procedure Code of Ukraine, 2012 (2012, April 13). Retrieved from https://zakon.rada.gov.ua/laws/show/4651-17#n801.

19. Lukomskaya, A. S. (2017). Victim of environmental crime in Russian criminal proceedings: monograph. Institute for Computer Research.

20. Judgment of the Grand Chamber of the Supreme Court in Case 439/397/17, 2019, (2019, January 16)). Retrieved from http://reyestr.court.gov.ua/Review/79298600.

• < Prev
• Next >