Topical issues violation of legislation on illegal deforestation

Abstract

The article presents an analysis of the legislation on illegal logging and the current state and trends of illegal logging. The problematicaspects of the normative regulation of the legislation on illegal logging are identified, and possible ways of their solution areproposed. It has been established that an increase in the threat to the environmental security of Ukraine to the level of global civilizationalchallenges leads to the need to consider the further existence and development of modern society in the context of the ability tosubordinate its life activity to the properties and requirements of the environment, an environmental imperative.It has been proved that the model of environmental offense differs significantly from the model of economic offense. An environmentaloffense envisages by its main elements the influence (activity) of the subject on the environment, which causes harm to theenvironment.Environmental offense covers the forensic investigation of two models: lawful behavior (obtaining the necessary permits, payingthe necessary taxes, duties, fees, etc.) in connection with deforestation; illegal (actual) behavior during logging. It has been determinedthat the complexity of the investigation of this category of crimes lies in the fact that illegal felling of forest stands, first of all, takesplace in hard-to-reach forest areas or at facilities with limited access.In addition, the effectiveness of the pre-trial investigation depends, first of all, on the promptness of establishing the place of thecommission of a criminal offense, the timeliness of its examination with the participation of specialists, with the use of fixation by technicalmeans. It is believed that illegal logging is the primary link in illegal forestry activities.It was found that currently in Ukraine there are not enough methodological developments in bringing persons to criminal responsibilityfor illegal felling of forests, conducting a pre-trial investigation in criminal proceedings of this category. The introduction ofthese changes will help reduce the number of illegal logging, provide an effective mechanism for forest protection and transparent saleof timber