Protection of the subsoil of the continental shelf of Ukraine by international and national instrumentalities
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- Details
- Parent Category: 2021
- Category: Content №1 2021
- Created on 05 March 2021
- Last Updated on 05 March 2021
- Published on 30 November -0001
- Written by V.V.Chumak, O.O.Khan, I.V.Bryhadyr, K.V.Kysylova
- Hits: 2995
Authors:
V.V.Chumak, orcid.org/0000-0002-6171-2250, 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.
O.O.Khan, orcid.org/0000-0001-9912-1547, 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.
I.V.Bryhadyr, orcid.org/0000-0003-3181-3410, 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.
K.V.Kysylova, orcid.org/0000-0001-6872-5209, 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.
Naukovyi Visnyk Natsionalnoho Hirnychoho Universytetu. 2021, (1): 186 - 190
https://doi.org/10.33271/nvngu/2021-1/186
Abstract:
Purpose. Identification of international and national mechanisms for protection of the subsoil of the continental shelf of Ukraine and provision of scientifically sound recommendations for improving the legal regulation of their application.
Methodology. During the study, the dialectical method was used to learn the essence of such a phenomenon as the protection of the subsoil of the continental shelf; the system-structural method when analyzing objective and subjective features of the crime under Part 2 of Art. 244 of the Criminal Code of Ukraine; the comparative-and-legal method in the study on the sanction of Part 2 of Art. 244 of the Criminal Code of Ukraine; the logical and dogmatic method when developing recommendations for improving legal norms.
Findings. As a result of the study, mechanisms of protection of the continental shelf of Ukraine were determined. The necessity of improvement of the legislative base regulating the order of their realization is proved.
Originality. The international legal and national mechanisms of state protection of the continental shelf of Ukraine are determined. In order to improve the state protection of the continental shelf, legislative changes to Part 1 of Art. 26 of the Subsoil Code of Ukraine, Part 2 of Art. 244 of the Criminal Code of Ukraine and Part 2 of Art. 216 of the Criminal Procedure Code of Ukraine are suggested.
Practical value. Proposals to improve the current legislation of Ukraine are presented aimed at improving the efficiency of the State Service of Geology and Subsoil of Ukraine, the National Police, the Security Service of Ukraine and the judiciary to protect the subsoil of the continental shelf of Ukraine from illegal use by foreign companies.
Keywords: continental shelf of Ukraine, subsoil protection, international and national protection mechanism, international, administrative and criminal liability
References:
1. Development of the Black Sea shelf: competition and cooperation (2020). Retrieved from https://dgs.kiev.ua/news_galuz/273-osvoyennya-chornomorskogo-shelfu-konkurencya-ta-spvpracya.html.
2. Povko, V. (2016). Legal ambushes for the distribution of the continental shelf in the polar region: problems and theories and practice. Bulletin of the Ministry of Justice of Ukraine, 1(171), 52.
3. Convention on the Continental Shelf of 29.04.1958 (2020). Retrieved from https://zakon.rada.gov.ua/laws/show/995_179#Text.
4. Convention on the Sea Law of 10.12.1982 (2020). Retrieved from https://zakon.rada.gov.ua/laws/show/995_057#Text.
5. Kyryliuk, O. (2018). Gas reserves in the areas of the Black Sea shelf controlled by Ukraine amount to almost 37 billion cubic meters, on the shelf of Azov about 10 billion cubic meters. Retrieved from https://censor.net.ua/ua/news/3081540/zapasy_gazu_na_dilyankah_chornomorskogo_shelfu_pidkontrolnyh_ukrayini_stanovlyat_mayije_37_mlrd_kub.
6. Niezhnova, S. (2018). It is possible that Russia is already preparing to return to Ukraine previously selected deposits on the Black Sea shelf: an interview with the head of Chornomornaftogaz Svetlana Nezhnova. Retrieved from https://ua.112.ua/interview/ne-vykliucheno-shcho-rf-vzhe-hotuietsia-povernuty-ukraini-vidibrani-ranishe-rodovyshcha-na-shelfi-chornoho-moria-434858.html/.
7. Chabai, H. (2019). Prove Russian aggression in court. Retrieved from https://tyzhden.ua/Politics/237167.
8. European truth (2016). Ukraine has filed a lawsuit against Russia in the UN International Tribunal for the Law of the Sea. Retrieved from https://www.eurointegration.com.ua/news/2016/09/14/7054563/.
9. Prosecutor Generals Office of Ukraine (2020). Statistical information on registered criminal offenses for 20112020. Retrieved from https://old.gp.gov.ua/ua/statinfo.html.
10. Melnyk, M.I., & Khavroniuk, M.I. (Eds.) (2018). Scientific and practical commentary on the Criminal Code of Ukraine (10th ed.). Kyiv:VD Dakor.
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