Socio-legal Problems of Environment Criminal-legal Protection, Regarding Illegal Deforestation
(Pages 246-258)Ganna Sobko1,*, Andrii M. Aparov2, Natalya Kovalenko3, Anatoliy Y. Frantsuz4 and Hanna Yerma kova5
1Department of Criminal Law, Criminology and Penaltу Law Odesa State University of Internal Affairs, 65014, 1 Uspenska Str., Odesa, Ukraine.
2Department of Law and Methodology of Teaching Jurisprudence Sumy State Pedagogical University named after A.S. Makarenko 40002, 87 Romenska Str., Sumy, Ukraine.
3Department of International Economics National Aviation University, 03058, 1 Astronaut Komarov Ave., Kyiv, Ukraine.
4Department of State and Legal Disciplines “KROK” University, 03113, 30-32 Tabirna Str., Kyiv, Ukraine.
5Department of Theory of State and Law and Constitutional Law Interregional Academy of Personnel Management, 03039, 2 Frometivska Str., Kyiv, Ukraine.
DOI: https://doi.org/10.55365/1923.x2023.21.23
Abstract:
Environment protection from illegal encroachments and prevention of ecological criminal illegality are among the main tasks of the Law of Ukraine on Criminal Liability. The criminal law must ensure the constitutional right of every person from adverse environmental encroachments and guarantee the constitutional protection of natural resources as the basis of human life and activity. Forest ia a environment component has a huge resource potential and performs a variety of environmental, economic, cultural and recreational functions. Recently, a criminal offense in the field of illegal deforestation has become very common in our country (Article 246 of the Criminal Codex of Ukraine). The article analyzes the most common factors and conditions for the growing number of criminal offenses related to illegal deforestation. Ukraine is on the path to devastation. The article analyzes the state of forest plantations change over the past 10 years and trends towards further destruction of the country’s forest fund. The article is based not only on the register of court decisions, but also on a questionnaire conducted among forestry workers and police officers involved in the pre- trial investigation of criminal offenses related to illegal deforestation. The legislative materials regarding to the regulation of ecological protection in the field of illegal deforestation are analyzed. The most common criminal offenses concealment schemes are considered, the main criminological factors influencing the spread of criminal offenses related to forest protection are identified. Measures to be taken to stop the spread of these socially dangerous acts against the environment are proposed.
Keywords:
Ecology, Environment, Criminal offenses, Illegal deforestation, Criminal liability.
How to Cite:
Ganna Sobko, Andrii M. Aparov, Natalya Kovalenko, Anatoliy Y. Frantsuz and Hanna Yerma kova. Socio-legal Problems of Environment Criminal-legal Protection, Regarding Illegal Deforestation. [ref]: vol.21.2023. available at: https://refpress.org/ref-vol21-a23/
Licensee REF Press This is an open access article licensed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted, non-commercial use, distribution and reproduction in any medium, provided the work is properly cited.