Oliinyk O. Criminal responsibility for illegal seizure of soil cover (surface layer) of lands (art. 2391 of Criminal Code of Ukraine): social conditionality and corpus delicti

The thesis is devoted to the researching of the problems of criminal and law protection of public relations in the sphere of the protection and legitimate usage of soil humus horizon as an integral part of the task to ensure the ecological balance. In this connection the whole set of socio-natural, legal and criminological factors contributing to the establishment and preservation of further criminal responsibility for crime under Art. 2391 of Criminal Code of Ukraine is distinguished. In this research much attention is focused on the construction of a system of crimes against the environment; general, generic, immediate and additional objects of the crime are determined; the mechanism of causing damage to the protected public relations is revealed. Characteristics of the crime subject are examined and the expediency of identification it as a humus component of soil is grounded. In the thesis the elements of actus reus are considered and hence inefficiency of current wording of part 1 article 2391 of Criminal Code of Ukraine (about regarding act as an illegal seizure) is substantiated and amendments aiming at establishing the responsibility for violation of method of removal, transfer, usage, storage of humus component of soil, as well as recultivation procedure, is proposed. The peculiarities of causation process and socially dangerous consequences occurrence in the form of posing a threat to life, health or environment are determined. The elements of mens rea of this crime are analysed and it is proved that the crime under the part 1 of the article 2391 may be committed with intentional or mixed forms of guilt, but the guilty person's treatment of the consequences stipulated in parts 2 and 3 - only negligence. Attention is paid to motives (usually - mercenary) and the targets of the crime. The characteristics of the perpetrator, including special characteristics, are revealed. Considerable attention is devoted to examining circumstances which aggravate and particularly aggravate criminal responsibility for the crime at issue. The problematic provisions of the land laws which preclude the perpetrators from bringing to responsibility are highlighted. It is proposed to strengthen criminal liability for committing crimes on especially valuable lands. Based on this study the proposals for improvements of the existing criminal legislation and land laws are stated.