Oliinik V. Criminal-legal Characteristics of a Crime of Marine Pollution (Article 243 of the Criminal Code of Ukraine)

Oliinik V. Criminal-legal Characteristics of a Crime of Marine Pollution (Article 243 of the Criminal Code of Ukraine). – Qualification scientific work on the rights of manuscripts. Thesis for a Candidate Degree in Law, specialty 12.00.08 – Criminal Law and Criminology; Criminal Enforcement Law (081 – Law). – Higher Educational Institution “National Academy of Management”, Kyiv, 2018. The dissertation is devoted to the formulating of the scientifically grounded suggestions regarding the improvement of the certain criminal-legal provisions (Article 243 of the Criminal Code of Ukraine), increase of effectiveness of the criminal law in the sphere of the proper, in other words in accordance with the applicable legislation, defense, rational use, restoration and recreation of inland sea waters, territorial waters of Ukraine, waters of the exclusive (maritime) economic zone of Ukraine, waters of the open sea in the state favorable for living of the present and future generations. As a result of the scientific analysis of the theoretical state of the problem, its legislative regulation and law-enforcement practice the important for criminal law science suggestions have been provided and new provisions and conclusions have been formulated. During the research, the backgrounds and genesis of the criminal responsibility for a crime of marine pollution have been investigated. In this dissertation, the methodological grounds of the author’s approach to the defining a notion of a crime provided for under Article 243 of the Criminal Code of Ukraine have been used. The dissertator has defined main factors of the social-legal conditionality of the prohibition provided for in Article 243 of the Criminal Code of Ukraine. Grounding on the research the definition of the direct object of a crime of marine pollution has been suggested; the existing viewpoints on this element of a crime have been analyzed. The author suggested the new definition of a target of a crime provided for in Article 243 of the Criminal Code of Ukraine. With regard to the present day achievements of the national and foreign criminal law science the basic elements of the objective aspect of a crime (actus reus) provided for in Parts 1, 2 and 3, Article 243 of the Criminal Code of Ukraine have been analyzed. The conclusions about named basic elements have been made. The theoretical approaches to the understanding of a perpetrator of a crime of marine pollution have been in improved; the existing viewpoints available in scientific publications on this matter have been investigated; the definition of a perpetrator of this crime has been suggested. The existing viewpoints regarding subjective aspect (mens rea) of a crime 20 provided for in Article 243 of the Criminal Code of Ukraine have been examined; its definition has been formulated. Significant attention the author has paid to the research of the qualifying features of a crime of marine pollution and suggests his own understanding of this issue. In the dissertation, the separation of a crime provided for in Article 243 of the Criminal Code of Ukraine from related crimes under Articles 242 and 113 of the Criminal Code of Ukraine has been provided; the criteria for such separation have been defined. The dissertator has done the comparative research of a crime provided for in Article 243 of the Criminal Code of Ukraine and similar crimes under the legislation of some foreign countries. Grounding on the research the new wording of Article 243 of the Criminal Code of Ukraine has been suggested.