{"title":"乌克兰保护森林免受非法采伐的刑事和行政措施","authors":"A. Khan, Stanislav Pevko, Elena Yushkevich","doi":"10.17150/2500-4255.2021.15(5).605-612","DOIUrl":null,"url":null,"abstract":"The conducted research showed a lack of coordination between different norms of Ukrainian criminal and administrative laws that define the offences in the sphere of illegal logging, and determine the type and degree of liability for committing them. This lack of coordination is manifested, specifically, in the competition of certain norms, their ineffectiveness, and the absence of liability for certain publicly dangerous actions connected with illegal logging and damaging trees. The authors carried out a comparative analysis of criminal administrative offences in this sphere and formulated recommendation on improving criminal and administrative legislations that protect public relations in the sphere of protecting forests in Ukraine. They suggest the following: 1) amending Art. 65 of the Code of Ukraine on Administrative Offences by establishing liability for selling illegally logged timber or shrubs; 2) amending Art. 246 of the Criminal Code of Ukraine and Art. 65 the Code of Ukraine on Administrative Offences by introducing administrative liability for buying illegally logged timber or shrubs, as well as criminal liability for buying illegally logged timber or shrubs if it inflicted considerable damage; 3) amending Art. 246 of the Criminal Code of Ukraine by introducing criminal liability for destroying or damaging forest plantations, seedlings, young plants in tree nurseries and plantations, as well as young trees of natural origin and self-seed plants in the areas designated for reforestation if that inflicted considerable damage on protected public relations. The presented suggestions on improving current criminal and administrative legislations of Ukraine are aimed at improving the effectiveness of counteracting illegal logging in the country.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":"68 1","pages":""},"PeriodicalIF":0.1000,"publicationDate":"2021-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Criminal and Administrative Measures to Protect Forests from Illegal Logging in Ukraine\",\"authors\":\"A. Khan, Stanislav Pevko, Elena Yushkevich\",\"doi\":\"10.17150/2500-4255.2021.15(5).605-612\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The conducted research showed a lack of coordination between different norms of Ukrainian criminal and administrative laws that define the offences in the sphere of illegal logging, and determine the type and degree of liability for committing them. This lack of coordination is manifested, specifically, in the competition of certain norms, their ineffectiveness, and the absence of liability for certain publicly dangerous actions connected with illegal logging and damaging trees. The authors carried out a comparative analysis of criminal administrative offences in this sphere and formulated recommendation on improving criminal and administrative legislations that protect public relations in the sphere of protecting forests in Ukraine. They suggest the following: 1) amending Art. 65 of the Code of Ukraine on Administrative Offences by establishing liability for selling illegally logged timber or shrubs; 2) amending Art. 246 of the Criminal Code of Ukraine and Art. 65 the Code of Ukraine on Administrative Offences by introducing administrative liability for buying illegally logged timber or shrubs, as well as criminal liability for buying illegally logged timber or shrubs if it inflicted considerable damage; 3) amending Art. 246 of the Criminal Code of Ukraine by introducing criminal liability for destroying or damaging forest plantations, seedlings, young plants in tree nurseries and plantations, as well as young trees of natural origin and self-seed plants in the areas designated for reforestation if that inflicted considerable damage on protected public relations. The presented suggestions on improving current criminal and administrative legislations of Ukraine are aimed at improving the effectiveness of counteracting illegal logging in the country.\",\"PeriodicalId\":43975,\"journal\":{\"name\":\"Russian Journal of Criminology\",\"volume\":\"68 1\",\"pages\":\"\"},\"PeriodicalIF\":0.1000,\"publicationDate\":\"2021-11-25\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Russian Journal of Criminology\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.17150/2500-4255.2021.15(5).605-612\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q4\",\"JCRName\":\"CRIMINOLOGY & PENOLOGY\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Russian Journal of Criminology","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.17150/2500-4255.2021.15(5).605-612","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"CRIMINOLOGY & PENOLOGY","Score":null,"Total":0}
Criminal and Administrative Measures to Protect Forests from Illegal Logging in Ukraine
The conducted research showed a lack of coordination between different norms of Ukrainian criminal and administrative laws that define the offences in the sphere of illegal logging, and determine the type and degree of liability for committing them. This lack of coordination is manifested, specifically, in the competition of certain norms, their ineffectiveness, and the absence of liability for certain publicly dangerous actions connected with illegal logging and damaging trees. The authors carried out a comparative analysis of criminal administrative offences in this sphere and formulated recommendation on improving criminal and administrative legislations that protect public relations in the sphere of protecting forests in Ukraine. They suggest the following: 1) amending Art. 65 of the Code of Ukraine on Administrative Offences by establishing liability for selling illegally logged timber or shrubs; 2) amending Art. 246 of the Criminal Code of Ukraine and Art. 65 the Code of Ukraine on Administrative Offences by introducing administrative liability for buying illegally logged timber or shrubs, as well as criminal liability for buying illegally logged timber or shrubs if it inflicted considerable damage; 3) amending Art. 246 of the Criminal Code of Ukraine by introducing criminal liability for destroying or damaging forest plantations, seedlings, young plants in tree nurseries and plantations, as well as young trees of natural origin and self-seed plants in the areas designated for reforestation if that inflicted considerable damage on protected public relations. The presented suggestions on improving current criminal and administrative legislations of Ukraine are aimed at improving the effectiveness of counteracting illegal logging in the country.
期刊介绍:
Current stage of law development is defined by novelty in all life spheres of Russian society. The anticipated renovation of legal system is determined by international life globalization. The globalization provides both positive and negative trends. Negative trends include increase in crime internationally, transnationally and nationally. Actualization of international, transnational and national crime counteraction issue defines the role and importance of «Russian Journal of Criminology» publication. Society, scientists, law-enforcement system officers, public servants and those concerned about international rule declared individual legal rights and interests’ enforcement take a tender interest in crime counteraction issue. The abovementioned trends in the Russian Federation legal system development initiate a mission of finding a real mechanism of crime counteraction and legal protection of human rights. Scientists and practicians’ interaction will certainly contribute to objective achievement. Therefore, «Russian Journal of Criminology» publication is aimed at criminology science knowledge application to complete analysis and practical, organizational, legal and informational strategies development. The activity of «Russian Journal of Criminology» that involves exchange of scientific theoretical and practical recommendations on crime counteraction between Russian and foreign legal sciences representatives will help concentrating the efforts and coordinating the actions domestically and internationally. Due to the high social importance of «Russian Journal of Criminology» role in solving theoretical and practical problems of crime counteraction, the Editorial Board is comprised of Russian and foreign leading scientists whose works are the basis for criminological science.