Rebenko S. Criminal liability for misappropriation of soil cover (surface layer) of land (art. 239-1 CC of Ukraine)

The analysis of the legal regulation and criminal law ensuring of the protection of soil (surface layer) of land is conducted. The grounds and conditions of criminalization the crime provided by article 239-1 of the Criminal Code of Ukraine are analyzed. Formal components of misappropriation soil cover (surface layer) of land are studied, objective and subjective components are characterized, and aggravating circumstances are defined. The questions of qualification and delimitation of this crime from adjacent are considered. Recommendations for improving legislative norm provided by article 239-1 of the Criminal Code of Ukraine are proposed.