军事状态下危害环境安全罪的追诉问题

N. A Makarenko, O. Yu Makarenko, Yu. A Krasnova, O. V Nazymko, D. D Ivanenko
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引用次数: 0

摘要

目的。对与环境安全有关的某些违法行为(罪行)的起诉问题进行研究,对戒严令下与环境安全有关的违法行为进行刑事定罪研究。为改进这方面的现行立法规范提出建议。方法。研究的方法论基础是一套对研究对象进行客观分析的一般科学方法和途径。发现。考虑到需要适当地记录所造成的损害,并为国家法院和国际司法当局取得证据基础,迫切需要制订“确定武装侵略对自然环境造成损害的方法”,乌克兰内阁应通过一项决议予以核准。这将允许尽快获得有效的章程。此外,我们认为,发展“关于确定对乌克兰的武装侵略所造成的损害”的乌克兰法,以便在更广泛的范围内规定确定损害赔偿的适当方法和可以确定这种损害赔偿的授权人员范围,是一种权宜的做法。此外,有必要规定地方自治机构有义务在没有发生敌对行动的领土内,或在敌对行动结束后立即进行环境审计,目的是尽快确定环境损害和造成这些损害的人的圈子。创意。根据对国内法律框架、乌克兰执法机构代表的报告和分析结论以及乌克兰批准的国际条约的分析,分析了在戒严条件下起诉危害环境安全罪行问题的新方面,旨在改进规范的建议得到了现行立法的证实。实用价值。研究结果对从事相关问题研究的法律顾问、执业律师和辩护人、教师和科学家具有重要意义。
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Problems of prosecution for crimes against environmental security in the conditions of martial state
Purpose. To conduct a study on the problematic issues of prosecution for certain offenses (crimes) related to environmental safety, conduct a study on the criminalization of violations related to environmental safety under martial law. To develop proposals for improving the norms of current legislation in this area. Methodology. The methodological basis of the study is a system of general scientific methods and approaches that provide an objective analysis of the subject under study. Findings. Taking into account the need to properly record the damage caused and obtain an evidentiary base for both national courts and international judicial authorities, it is expedient to urgently develop “Methods for determining damage caused to the natural environment as a result of armed aggression”, which should be approved by a resolution of the Cabinet of Ministers of Ukraine. This will allow obtaining an effective bylaw as quickly as possible. Also, in our opinion, it is expedient to develop the Law of Ukraine “On Establishing Damages Caused by Armed Aggression Against Ukraine” to provide in a broader scope both the appropriate methodology for fixing damages and the circle of authorized persons who can fix such damages. Additionally, it is necessary to provide for the obligation of local self-government bodies to carry out an environmental audit in the territories where hostilities are not taking place, or immediately after their end, with the aim of the fastest fixation of environmental damages and the circle of persons who caused them. Originality. New aspects of the issue of prosecution for crimes against environmental safety in martial law conditions were analyzed on the basis of the analysis of the domestic legal framework, reports and analytical conclusions of representatives of law enforcement agencies of Ukraine, as well as international treaties ratified in Ukraine, and proposals aimed at improving the norms were substantiated current legislation. Practical value. The results of the research are important for legal advisers, practicing lawyers and advocates, teachers and scientists engaged in the research on the relevant issues.
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来源期刊
CiteScore
1.70
自引率
0.00%
发文量
148
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