Theoretical and legislative approaches to the use of certain terms and concepts in the field of environmental safety

Abstract

The scientific article highlights the legislative and theoretical approaches to the use of certain terms and concepts in the field of environmental safety, on the basis of which proposals are made for their optimal use in the relevant normative legal acts and in scientific circulation. It is noted that the stability of information and legal support, including in the environmental sphere, is possible subject to the unification of legislative terms, a clear normative consolidation of their content in order to have the same understanding and application in practice. It is concluded that the identification of the concepts of “ecology” and “environment” is erroneous, because “ecology” is that part of it that concerns the natural component of the environment. In this regard, as well as in view of the need to bring national legislation to international standards in the sphere under study, it is more appropriate to use the synonymous term “environment” for the concept of “environment,” which would cover not only the natural component, but also the habitat of mankind as a whole. Arguments are given that the most acceptable title of the relevant section (Book) of the future criminal law, which would take into account the content and meaning of the terms used in it, characterizing first of all the generic object of criminal offenses in the studied sphere, is the title “Criminal offenses against nature and environmental safety.” Such a structural unit of the Special Part of the Criminal Code of Ukraine should contain both criminal offenses against environmental safety and torts against the environment, which are actually identified with criminal violations against the use of natural resources. After all, individual acts in this area can encroach both on relations against environmental safety and on the order of use of the state’s natural resources, while directly or indirectly affecting public health.