Borisov E. Illegal Carrying on Fishery, Animal or another Water Extractive Business: Criminal Law Characteristic.

The dissertation is dedicated to issues of criminal law characteristic of the illegal carrying on fishery, animal or another water extractive business (art. 249 of the Criminal Code of Ukraine). Basic legislative requirements under Ukrainian law concerning the carrying on water extractive business and its impact on the rules provided by art.249 of the Criminal Code of Ukraine have been researched. Comparative analysis of the legislation of Ukraine and other states on criminal responsibility for the illegal carrying on water extractive business has been conducted. It has been determined that art. 249 of the Criminal Code of Ukraine covers one crime with two compounds: 1) the basic compound and 2) the compound representing aggravating signs. It is claimed that the aggravating signs may be revealed as such circumstances as application of explosives, poison substances, electric current or another methods of mass elimination of fish, animals and another types of water area, and also on commission the crime by a person who was before convicted for the crime under art.249 of Criminal Code of Ukraine. Thus the mentioned compounds differ in a volume of actions; in methods of commission the crime; in instruments of commission the crime; in place and in situation of commission the crime. Special attention has been drawn to analysis of the structure of the crime under art. 249 of the Criminal Code of Ukraine and neighboring crimes provided, for instance, by art.art.248, 364, 364-1 of the Criminal Code of Ukraine.