Law Journal of the National Academy of Internal Affairs

Download article Download article
Vol. 6, No. 2, 2016
  • victim, crime, victimological prevention, Environment, ecology.
  • Pages 111-120

The article reveals the essence of victimological prevention of crimes against Environment in the Ukraine. The author highlighted specific features and offered measures of victimological prevention on social, specially-criminological and individual levels. According to the nature and directions of victimological measures the main blocks of such preventive activities designed and also discussed the possibility of creating a special state body to prevent crimes in the sphere of environmental protection. Under the protection of the environment, understands the implementation of the state policy aimed at maintaining a secure livelihood animate and inanimate environment, protect life and health from the negative effects caused by environmental pollution, achieve a harmonious interaction between society and nature protection, sustainable use and restoration of natural resources. Preventive activities in the field of the environment, including victimological prevention are part of the environmental policy of Ukraine. The content of victimological crime prevention in the environment: 1. Complexity of these activities: a) the possibility of functioning in this area of crime, namely, environmental, regulatory, judicial and law enforcement authorities coordinated activities are aimed at law enforcement in this area of public relations; b) a variety of measures aimed at achieving the objectives of preventive activities in the field of environmental protection. 2. The close and continuous interconnection of national and regional activities to prevent crimes against the environment. 3. Leading the successful application of social measures on prevention of this type of crime. In view of results gained during this research and to improve legal mechanism for the prevention of crime in the area of the environment, we should take the following measures: applying the principle known in the science of systematic rule-making that occurs in the creation of regulations take into account the system properties of legislation should be called Section VIII of the Criminal Code Ukraine to change and to present a new version of "Crimes against the environment" that logically follows from the content of art. 5 of the Law of Ukraine "On Environmental Protection" and the structure of those offenses that are enshrined in that section of the Code. For the same reasons similar changes should be made to the Constitution in the name of national environmental policy until 2020; a special state body (the sample of the National Bureau for Combating Corruption) to prevent offenses in the area of the environment, due to the extremely high social danger as the actions and consequences of crimes against its facilities, and the impossibility of restoration of natural resources environment, air, etc. in their original form. In this case, such a body should be independent from any of the branches of government and formed the basis for election to all the people of Ukraine.

References

References in the process of publication