Suchergebnisse

Within the scope of the scientific article, by means of documentary sources, the main conceptual directions of the fight against environmental crime in Ukraine are highlighted. Special emphasis is placed on the use of social mechanisms to ensure legality in the investigated area; adoption of the Law of Ukraine "On ecological culture of the population"; careful planning of the processes of development and implementation of organizational, legal and other measures aimed at preventing crimes against the environment. It is proposed to increase funding of control and supervisory bodies for the detection and prevention of criminal offenses, other state structures for the protection of nature; development of a unified state policy in the field of combating organized environmental crime, all this, on the basis of a criminological examination of legislation. In the conclusions it is proposed to unify the efforts of law enforcement agencies of various states to stop anti-environmental criminal behavior, neutralize all stages of the implementation of a criminal offense: planning, illegal extraction of resources, transportation, sale and laundering of proceeds obtained through crime against nature.

It analyses the provisions of criminal and procedural legislation on the establishment of criminal offences, as well as the practice of their application. The application of a set of general methods and special scientific knowledge made it possible to formulate some proposals for: (1) determination of criminal liability for misdemeanours and increased penalties in the form of a fine for the commission of certain offences; 2) regulation in the Law of Ukraine to the international standard; (3) introduction by the National Police of the specialization of investigators with a clear reflection of jurisdiction in criminal procedure legislation; 4) addition of the Code of Criminal Procedure with provisions on the adoption of the relevant procedural decision by the investigating judge, in case the composition of the crime is not established and; 5) identification of the forensic doctor as the subject of the search, as well as a request for confiscation of property. It is concluded that the Code of Criminal Procedure of Ukraine must identify the coroner together with the investigator and the prosecutor as the object of the search, as well as, if necessary, request the seizure of property, mainly to temporarily seize the property during the detention of a person.