Criminal and administrative liability for the destruction or damage of plant world objects: problems of delimitation

Abstract

Purpose. To formulate scientifically based proposals aimed at the legislative delimitation of investigated criminal and administrative offenses against the environment, which encroach on the integrity of the plant life. To achieve the declared goal, a methodology was chosen, the tools of which provided an opportunity to objectively investigate the considered decision of the legislator. In particular, philosophical, general scientific and specifically scientific methods were used during the coverage of the relevant issues. With the help of the modeling method, novelties are initiated that can be useful in improving the relevant provisions of criminal and administrative legislation. The author used the formal-logical (dogmatic) method when interpreting the relevant norms of the Criminal Code of Ukraine and the Code of Ukraine on Administrative Offenses. A statistical method was also used (with its help, relevant quantitative and qualitative indicators were analyzed) and a sociometric approach (it came in handy when formulating the indicator of "substantial damage" provided for in the projected norms). Based on the results of writing the article, recommendations were formulated aimed at improving the legislation in terms of the definition of the crime provided for in Art. 245 of the Criminal Code of Ukraine, and administrative offenses provided for by Articles 77 and 77-1 of the Code of Ukraine on Administrative Offenses. The scientific novelty lies in the fact that it was proved the expediency of recognizing as criminally illegal only those manifestations of the actions under consideration, which caused significant damage expressed in the tax-free minimum incomes of citizens. Practical significance. Formulated conclusions can be used in various spheres of activity, in particular: rule-making - when improving relevant provisions of criminal and administrative legislation; law enforcement - when qualifying the analyzed types of criminal and administrative offenses; in the scientific field - during the further development of the relevant issues.

Keywords

• criminal responsibility
• administrative responsibility
• demarcation
• environment
• forest
• vegetation
• destruction and damage
• arson
• spontaneous burning
• significant damage
• consequences