Shulga A. Criminally legal protection of lands from pollution or damage

This paper contains the investigation of problems in the field of criminally legal protection of lands from pollution and damage. There is the investigation of reasons and conditions of criminalization of so-cially dangerous action connected with pollution or damage of lands in it. Possibilities of realization of land protection not only by establish-ment of legal responsibility but also by other criminally legal means are shown. In the Thesis the definition of birth object and basic one of pol-lution or damage of lands are given. The author has analyzed the no-tions “pollution” and “damage” of lands explanation of which is impor-tant for the right qualification of the crime provided by article 239 CC Ukraine. The arguments concerning recognition of pollution and dam-age of lands as a crime with material corpus delicti, that is a crime with derivative consequences are given. The subject of this crime is a per-son, which ought to follow the special rules of use of substances (harm-ful for life, health and environment), waste products or other materials. With the object of widening of the sphere of functioning of article 239 cc Ukraine the author suggests that damage of lands should be singled out for breaking of which a person who reached the age of 16 could be instituted criminal proceedings. In the thesis, it is pointed out that the crime provided by article 239 CC. Ukraine has a compound form of guilt. The guilt of the crime can have the following combination: 1) in-tention – intention – imprudence; 2) intention – imprudence – impru-dence; 3) imprudence – imprudence – imprudence. The author submit-ted proposals concerning improvement of disposition and sanction of article 239 CC Ukraine..