Certain topical issues of criminalization of illegal amber mining
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- Category: Contens №5 2020
- Last Updated on 31 October 2020
- Published on 30 October 2020
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Authors:
Yu. A. Turlova, orcid.org/0000-0003-0508-2087, National Prosecution Academy of Ukraine, Kyiv, Ukraine, e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
H. S. Polishchuk, orcid.org/0000-0002-0829-2621, National Academy of Internal Affairs, Kyiv, Ukraine, e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Naukovyi Visnyk Natsionalnoho Hirnychoho Universytetu. 2020, (5): 122-128
https://doi.org/10.33271/nvngu/2020-5/122
Abstract:
Purpose. To study criminalization of encroachments which involve illegal amber mining, this being of independent importance for legislative as well as for law application activities.
Methodology. The system of general scientific and special methods and approaches which supported an objective analysis of the issue under study, in particular, the formal logical, logical and normative, and documentary methods, as well as the method of statistical analysis.
Findings. Certain problems have been identified which come to light in the course of establishing the prohibition of the investigated criminal practices at the legislative level, under criminal law, in particular the discrepancy between criminalization of illegal amber mining and the prerequisite for relative abundance; the study also reveals the permeability of the law on criminal liability for smuggling of amber and the group component of illegal amber mining, and activities related thereto.
Originality. The article, for the first time, analyzes the innovation of criminal legislation – article 2401 of the Criminal Code of Ukraine “Illegal Mining, Sale, Purchase, Transfer, Shipment, Transportation, and Processing of Amber” and the relevant draft laws from the perspective of their compliance with the requirements of the criminalization theory, which provided the grounds for justification of the proposals aimed at improving the current criminal legislation and the practice of its application by law enforcement agencies of Ukraine in terms of combating illegal amber mining.
Practical value. The work examines whether the provisions establishing liability for illegal mining, sale, purchase, transfer, shipment, transportation, and processing of amber comply with such a prerequisite for criminalization as relative abundance. The conclusion is made that in the current version of the law, illegal amber mining does not comply with this prerequisite. The author substantiates the position that it would be reasonable to construct the provision establishing the main corpus delicti, as the substantive one, as it could provide clearer criteria for criminalization. The author also proposes to formalize the consequences of illegal amber mining activity having the object filled with economic content, by making a quantitative assessment of the damage caused by the crime. This will allow reflecting the inflicted damage via economic categories and will provide for a greater efficiency of law application. Furthermore, the author proves that it would be expedient to supplement the disposition of part 2, article 2401 of the Criminal Code with such a qualificatory indicium as commission of the mentioned crime by a group of persons in collusion, and also to provide for criminalization of amber smuggling by appropriate amendments to part 1, article 201 of the Criminal Code of Ukraine.
References.
1.Turlova, Yu. A. (2018). Environmental Crime in Ukraine: Criminal Law and Criminological Foundations of Countering It: monograph. Kyiv: Znannia Ukrainy.
2. Verkhovna Rada of Ukraine (n.d.). On Amending the Criminal Law of Ukraine Regarding Criminal Liability for Illegal Amber Mining or Moving It across the Customs Border of Ukraine. Draft Law dated 04.09.2019 No. 2059. Retrieved from http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=66672.
3. Ivanov, Ye. A. (2019). Analysis of the Environmental Situation in the Areas of Illegal Amber Mining. Subsoil Management in Ukraine. Investing Prospects: Materials of the Sixth International Scientific and Practical Conference (October 7–11, 2019, Truskavets), (pp. 101-107). Kyiv: DKZ. Retrieved from http://conf.dkz.gov.ua/files/2019_materials_vol_2_net.pdf.
4. Pravda (n.d.). 10 Facts about Ukrainian Amber. Retrieved from http://pravda.press/news/economic/10-faktiv-pro-ukrainskiy-burshtin-22109.
5. Verkhovna Rada of Ukraine. Legislation of Ukraine (n.d.). Criminal Law of Ukraine: Law of Ukraine dated 05.04.2001 No.2341-III. Retrieved from https://zakon.rada.gov.ua/laws/show/2341-14.
6. Illegal Mining of Amber Continues in Ukraine, Microclimate Changes are Irreversible in the Plundered Territories – Experts (n.d.). Retrieved from https://censor.net.ua/ua/news/3200229/v_ukrayini_prodovjuyut_nezakonno_vydobuvaty_burshtyn_na_rozgrabovanyh_terytoriyah_nezvorotnymy_ye_zminy.
7. Nadtochii, P. P., & Myslyva, T. M. (2015). Illegal Mining of Amber in Zhytomyr Oblast: Environmental Aspects. Amber Mining Problems in Ukraine and the Ways to Resolve Them. Series “Environmental Situation”, 9(141), 6-10.
8. Verkhovna Rada of Ukraine (n.d.). On Amendments to Some Laws Regarding Criminal Liability for Illegal Amber Mining or Any Other Illegal Operations with Amber. Draft Law dated 11.09.2019. No. 2059-1. Retrieved from http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?id=&pf3511=66802.
9. Verkhovna Rada of Ukraine. Legislation of Ukraine (n.d.). On Amendments to Some Legislative Acts of Ukraine Regarding Improvement of Legislation on Mining of Amber and Other Mineral Resources: Law of Ukraine dated 19.12.2019 No. 402-IX. Retrieved from http://zakon.rada.gov.ua/laws/show/402-20#n63.
10. Verkhovna Rada of Ukraine. Legislation of Ukraine (n.d.). The Code of Ukraine for Administrative Offenses. Law of Ukraine dated December 7, 1984 No. 8073-X. Retrieved from http://zakon.rada.gov.ua/laws/show/80731-10#Text.
11. Turlova, Yu. A. (2016). On Determining the Level of Environmental Crime Latency. Topical Issues of State-Building in Ukraine: Materials of International Scientific and Practical Conference (Kyiv, May 20, 2016), (pp. 62-64). Kyiv: VPZ “Kyiv University”. Retrieved from http://dsr.univ.kiev.ua/pub/publish/209511/?SHOWALL_2=0.
12. Maksimentsev, M. H. (2018). Criminological Characterization of Individuals Committing the Crimes under Article 240 of the Criminal Code of Ukraine. Scientific Bulletin of the International Humanities University. Series “Jurisprudence”, 36(2), 110-113.
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