Problem issues of criminal liability for illegal cutting

Abstract

In the context of the armed aggression against Ukraine, the issue of environmental protection becomes particularly acute.
 The World Meteorological Organization has said that recent years have been the warmest on record. Over the past 50 years, there have been five times as many weather-related, climate-related, and water-related catastrophes.
 Forests play an important role in combating climate change and preserving human-friendly living conditions on Earth. Therefore, the task of preserving and increasing forest cover acquires not only national, but also international strategic importance.
 The article examines the issue of improving legal mechanisms for the protection and protection of forests, in particular the provisions of the Criminal Code. It is noted that the current version of Article 246 of the Criminal Code of Ukraine is not consistent with other norms that regulate legal relations in this area. First of all, this is related to the change in the definition of “forest” and “forest fund” contained in the Forest Code of Ukraine.
 Additionally, the application of Article 246 of the Ukrainian Criminal Code reveals serious flaws in its design as well as a failure to adhere to contemporary environmental protection standards and regulations.
 One of the consequences of this shortcoming is that in practice it is almost impossible to prosecute for the transportation or storage of illegally cut wood, since it is necessary to prove the fact of illegal cutting.
 The article substantiates the need to expand the range of actions for which criminal liability should arise under this article. In particular, it is proven that criminal liability for illegal cutting of trees and shrubs should not be limited to forests, protective and other forest plantations.
 Taking into account the social importance, it is proposed to establish responsibility under the third part of this article also for the felling of trees and shrubs in parks and squares, as special objects of urban improvement.
 Also given are the reasons for the need to separate an additional article in the Criminal Code of responsibility for transportation, storage, sale of illegally cut trees and shrubs, as well as wood. Relevant legislative changes are proposed.