SYSTEMATIC AND LEGAL ASPECTS OF LEGAL RESPONSIBILITY FOR ILLEGAL ACTS WITH AMBER

Abstract

The article is devoted to the disclosure of certain systemic and legal aspects of responsibility for illegal actions with amber. Relevant judicial practice is analyzed. Proposals for improvement of Art. 240-1 of the Criminal Code of Ukraine “Illegal extraction, sale, purchase, transfer, forwarding, transportation, processing of amber”. The issue of the application of the criminal law norm of insignificance for the legal assessment of illegal amber mining and its illegal handling was considered. The existence of a conflict between the investigated criminal law ban and Art. 47 of the Code of Ukraine on Administrative Offenses “Violation of the State Property Right to Subsoil”, comments are expressed regarding its (collision) overcoming in the aspects of de lege lata and de lege ferenda. It is argued that the socially dangerous consequences of illegal mineral extraction (in particular, amber) should be labeled as damages. It is shown that carried out within the limits of Art. 240-1 of the Criminal Code of Ukraine, the differentiation of responsibility related to the size of illegal actions with amber is insufficient. The relevant provisions of the project of the new Criminal Code of Ukraine were analyzed, the advantages and disadvantages of the relevant formulations were clarified. In particular, the proposal of the drafters of a potential criminal law to distinguish the grounds of criminal responsibility for the illegal acquisition of natural resources, on the one hand, and individual manifestations of involvement in the behavior of those who commit illegal extraction of natural resources from their natural environment, on the other, was supported. The issue of the appropriateness of anchoring in Part 1 of Art. 240-1 of the Criminal Code of Ukraine instructions on actions other than illegal amber mining.