Garmash D. Criminal responsibility for violation of the procedure established for scrap metal operations.

This thesis is focused on the issues of criminal responsibility for violation of the procedure established for scrap metal operations. The author analyzes a criminogenic situation that is currently observed in business activity sector related to scrap metal operations. Reasons for criminalization of the studied activities are identified and defined. The paper studies circumscriptive signs of a target of crime and identifies its specific characteristics. Both objective and subjective essential elements of crime are studied; definitions are given to the object and structure of crime as well as to the mechanism of causing damage to the object of infringement. The paper describes the existing types of criminal acts under the studied crime and their specific characteristics, as well as types of crime committers corresponding to each type of criminal acts. The author distinguishes between violations of the procedure established for scrap metal operations and other associated crimes in business activity and relevant administrative offences. Critical analysis is undertaken with regard to circumstances aggravating criminal responsibility for the studied crime. The paper investigates the penal practice related to violations of the procedure established for scrap metal operations. Based on the analysis of the essential elements of crime and the investigation of application by law-enforcement officers of Article 213 of the Criminal Code, a number of proposals are made as to improvement of the most recent version of the article of the Special Part of the Criminal Code, as well as its practical application. Besides, certain recommendations are provided as to broadening the list of circumstances aggravating criminal responsibility, and the amended version of Article 213 of the Criminal Code is proposed.