Theoretical aspects of establishment of forms and types of guilt in criminal offenses against land resources of Ukraine

Abstract

The article reveals the theoretical aspects of establishing the forms and types of guilt in criminal offenses against land resources of Ukraine, as well as the problems of the combined form of guilt. The work is devoted to finding an answer to the following main question – what forms of guilt are characteristic of criminal offenses against land resources of Ukraine. Taking into account the achievements of the science of criminal law and law enforcement practice, it is concluded that the forms and types of guilt depend on the construction of the objective side of the criminal offense. As the considered criminal offenses are characterized by material structure, guilt of the subject should be established both concerning socially dangerous act, and its socially dangerous consequences. In fact, the criminal offense under investigation is mainly characterized by a combined form of guilt – intent to commit a socially dangerous act (including in violation of special safety rules) and negligence of the consequences in the form of harm to life and health or the environment. This form of guilt in criminal offenses against land resources means a different combination of intellectual and volitional elements of different types and forms of guilt in one offense. It is stated that the problems associated with this form of guilt are not fully resolved today and require independent thorough research. The peculiarity of the combined form of guilt in qualified criminal offenses against land resources of Ukraine is that the attitude to qualified consequences is always careless, otherwise the responsibility must come under the articles of the Special Part of the Criminal Code, which contain rules on liability for encroachment on life, health, relations property, for the normal functioning of enterprises, institutions and organizations, including relations in the field of protection, rational use and reproduction of other objects of the natural environment, and the environment as a whole. It is stated that the main theoretical discussion revolves around terminology, i. e. the names of one phenomenon of the subjective side of a criminal offense – different mental attitudes to socially dangerous acts and their consequences in the form of intent and negligence.