乌克兰保护森林免受非法采伐的刑事和行政措施

IF 0.1 Q4 CRIMINOLOGY & PENOLOGY
A. Khan, Stanislav Pevko, Elena Yushkevich
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引用次数: 0

摘要

所进行的研究表明,乌克兰刑法和行政法的不同规范之间缺乏协调,这些规范界定了非法采伐领域的罪行,并确定了犯下这些罪行的责任类型和程度。这种缺乏协调具体表现在某些规范的竞争、它们的无效以及对某些与非法采伐和破坏树木有关的公众危险行为不承担责任。作者对这一领域的刑事行政犯罪进行了比较分析,并就改善乌克兰保护森林领域的公共关系的刑事和行政立法提出了建议。他们建议如下:1)修改《乌克兰行政犯罪法》第65条,规定出售非法采伐的木材或灌木的责任;(二)修改《乌克兰刑法》第246条和《乌克兰行政违法法》第65条,规定购买非法采伐的木材或灌木应负行政责任,购买非法采伐的木材或灌木造成重大损害的应负刑事责任;3)修改乌克兰刑法第246条,规定破坏或破坏森林种植园、树苗、苗圃和种植园内的幼树以及指定重新造林地区的天然幼树和自种植物的刑事责任,如果这种行为对受保护的公共关系造成重大损害。所提出的关于改进乌克兰现行刑事和行政立法的建议旨在提高该国打击非法采伐的效力。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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.
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来源期刊
Russian Journal of Criminology
Russian Journal of Criminology CRIMINOLOGY & PENOLOGY-
自引率
0.00%
发文量
14
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.
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