THE SUBJECT OF THE CRIME PROVIDED FOR IN ARTICLE 298 OF THE CRIMINAL CODE OF UKRAINE: PROBLEMS OF DEFINITION

Abstract

The article is devoted to the study of the definition of objects of underwater cultural heritage as an offense under article 298 of the Criminal Code of Ukraine. A review of current issues of qualification of this crime against morality is carried out. The conclusion is drawn on the need to improve the criminal legislation of Ukraine and judicial practice on the destruction, destruction or damage of underwater cultural heritage objects. The Convention on the Protection of the Underwater Cultural Heritage was ratified by the Law of Ukraine «On Ratification of the Convention on the Protection of the Underwater Cultural Heritage» of September 20, 2006, and this demonstrated that the issue of ownership of the wreck and property is the main issue in preserving the underwater cultural heritage, what is on it. The document reflects that any dispute between two or more participating States is to be settled through negotiations in good faith or other peaceful means of their choice. However, despite some advances in the provisions for the protection and preservation of the underwater cultural heritage, some of the language of the Convention is incorrect. Difficulties in identifying objects of underwater cultural heritage as objects of crime under Article 298 of the Criminal Code of Ukraine are aggravated by the fact that in 2018 amendments to the Law of Ukraine on the Protection of Cultural Heritage were introduced. These changes exacerbate the problems of uncertainty in determining the objects of underwater cultural heritage, which makes it difficult to comply with the principles enshrined in the Convention for the Protection of the Underwater Cultural Heritage, creates the basis for erroneous qualifications in cases under Article 298 of the Criminal Code of Ukraine and, in the end, has negative consequences for the cultural heritage Ukraine.