Адміністративні правопорушення в галузі охорони природи та використання природних ресурсів. Частина І. Атмосфера, повітря, відходи, пестициди та агрохімікати

Abstract

Abstract. Aim. An analysis of the administrative legislation of Ukraine in the field of nature protection (atmosphere, air, waste, pesticides and agrochemicals) was carried out, criminal offenses that could be hidden under administrative offenses, or preparations for them or attempts to commit them, were considered. Materials and Methods. It has been established the criminal offenses (crimes), preparation for them or attempts to commit them can be hidden behind administrative offenses in the field of nature protection and use of natural resources (atmosphere, air, waste, pesticides and agrochemicals), namely: Art. Art. 78; 78-1; 79; 79-2; 80; 81; 82; 82-1; 82-2; 82-3; 82-4; 82-5; 82-6; 82-7; 83; 83-1 of the Code of Ukraine on Administrative Offenses. If there are relevant signs of a committed crime, the specified actions may entail liability for land pollution or damage (Article 239 of the Criminal Code of Ukraine); for atmospheric air pollution (Article 241 of the Criminal Code of Ukraine); for sea pollution (Article 243 of the Criminal Code of Ukraine); for violation of the legislation on the continental shelf (Article 244 of the Criminal Code of Ukraine), as well as for the illegal importation of waste and secondary raw materials into the territory of Ukraine (Article 268 of the Criminal Code of Ukraine). Administrative offenses subject to liability under Article 83 of the Code of Ukraine on Administrative Offenses "Violation of the rules for the use, storage, transportation, neutralization, elimination and burial of pesticides and agrochemicals, toxic chemicals and other drugs" can hide such criminal offenses as failure to take measures to eliminate the consequences of environmental pollution (Article 237 of the Criminal Code of Ukraine); concealment or distortion of information about the environmental condition or morbidity of the population (Article 238 of the Criminal Code of Ukraine); pollution or damage to land (Article 239 of the Criminal Code of Ukraine); destruction or damage of plant life objects (Article 245 of the Criminal Code of Ukraine); violation of legislation on plant protection (Article 247 of the Criminal Code of Ukraine); intentional destruction or damage of territories taken under state protection and objects of the nature reserve fund (Article 252 of the Criminal Code of Ukraine); design or operation of structures without environmental protection systems (Article 253 of the Criminal Code of Ukraine). In addition, such actions can constitute treason (Part 1 or Part 2 of Article 111 of the Criminal Code of Ukraine), sabotage (Part 1 or Part 2 of Article 113 of the Criminal Code of Ukraine); ecocide (Article 441 of the Criminal Code of Ukraine) and genocide (Article 442 of the Criminal Code of Ukraine), etc. The authors provided proposals for further improvement of the content of some articles of the Code of Administrative Offenses. Conclusions. Thus, Article 79 of the Code of Ukraine on Administrative Offenses consists of two parts, each of which should be made a separate article, and Article 83 – 1 provides for administrative responsibility for six independent acts, which should be made independent articles of the Code of Ukraine on Administrative Offenses. Proposals regarding the qualification and practical application of certain articles in the sphere of normative and legal regulation of legal relations in the field of environmental protection are also provided. Keywords: administrative offenses, nature protection, atmosphere, air, waste, pesticides and agrochemicals.