Development of scientific thought in the field of violation of environmental standards of building legislation

Abstract

It is indicated that the legal protection of the natural environment, the provision of rational nature management and environmental safety in construction require not only the proper fulfillment by the subject of environmental legal relations of their rights and obligations, but also their protection from violations by other subjects, renewal of rights and legal interests of the participants of this legal relationship, bringing guilty persons to justice. It is legal responsibility that is the institution of environmental legislation that provides a mechanism for the localization and blocking of illegal behavior and stimulates socially useful actions of a person in the construction sector, is a measure of protection of society and its members from offenses, protects the interests of the individual, society and the state, is a form of the state’s response to violation of the established order of social relations.
 The article examines scientific views on the problems of violation of environmental norms of construction legislation, presents the formulation of the author’s term violation of ecological norms of construction legislation. It was determined that crimes in the field of violation of construction legislation are socially dangerous, criminally illegal, intentional or negligent actions (actions or inaction) with the use of construction equipment, construction tools, means, sources, methods and circumstances of their implementation, committed by physical, criminal, official, non-official and private persons.
 The author comes to the conclusion that crimes in the field of violation of construction legislation should be understood as socially dangerous, criminally illegal, intentional or negligent actions (actions or inaction) with the use of construction equipment, construction tools, means, sources, methods and circumstances of their implementation, committed physical, judicial, official, non-official and private persons (citizens of Ukraine, citizens of foreign countries, stateless persons and those with dual citizenship) who have reached the age of criminal responsibility for these crimes that encroach on relations regarding conditions (relationships), which ensure the existence of a multifunctional balanced system of vital activity of the animal, plant and human world, its protection, rational use and reproduction of such a single system, which includes a person (natural person), which will guarantee a natural environment that is safe for life and health, and in consequence of preparation, construction, operation and dismantling of construction structures cause significant damage to these relations, provided for by specific articles of the Special Part of the Criminal Code of Ukraine, or put them at risk of causing such significant damage.