The thesis is devoted to the study of criminal liability for the deliberate destruction or damage to territories taken under state protection and objects of the natural reserve fund (Article 252 of the Criminal Code). The paper examines the factors of social causality of criminal responsibility for this crime, among which the decisive importance is recognized for their three groups: environmental, socio-economic and criminological. Special attention is paid to studying the history of the development of legislation on criminal liability for the deliberate destruction or damage to territories taken under state protection and objects of the natural reserve fund, on the basis of which the allocation of three periods of the process of formation of legislative bases on the protection of territories and objects of natural reserve fund of Ukraine is justified : 1) early (IX - early twentieth century); 2) Soviet (1917 - 1991) and 3) modern (1991 - present).
On the basis of consideration of the criminal law regulation of responsibility for this type of crime in foreign law, the directions for further improvement of the domestic legislation in this area are determined.
The work considers the generic, specific and direct objects of the crime under Art. 252 of the Criminal Code, as well as a separate attention is paid to the study of the subject of the analyzed crime with the establishment of its general (physical, social, legal), generic (close connection with nature; impossibility of reproduction; lack of commodity value; certain legal regime stipulating the possibility of state coercion for violating the rules of treatment with them) and special features (complexity; special natural, recreational, etc. value; legal regime of special protection).
In the thesis, the signs of the objective side of the investigated crime are described in detail. In particular, the forms in which the act may be committed, provided for by Art. 252 of the Criminal Code, studied the consequences of this crime, outlined the features of the development of a causal relationship by emphasizing its indirect nature.
During the study of the subjective side of this crime, it was established that it can be committed both with direct and indirect intent. Regarding the qualified composition, under Part 2 of Art. 252 of the Criminal Code, it is noted that in this case there is a mixed form of guilt, although in general the crime is considered intentional.
The thesis reveals the signs of the subject of the crime, which is common. A judgment was made about the possibility of fixing this crime by an employee of an environmental facility with the authority to manage and protect it, and for legal entities whose authorized persons committed the analyzed crime for their interests, it was considered possible to apply penal measures in the form of a fine and confiscation of property.
In addition, the work analyzed the types of punishment provided for by the sanctions of Art. 252 of the Criminal Code, on the basis of which proposals were made to optimize their system.
For the results of the study formulated a new edition of the norm under Art. 252 of the Criminal Code.
