Matviychuk O. Designing or Operation of Constructions without Systems of Environmental Protection: Criminal-Legal Characteristics

The dissertation is devoted to the formulation of the scientifically grounded suggestions about the improvement of the certain criminal-legal provisions (Article 253 of the Criminal Code of Ukraine) as well as the increase of the effectiveness of the criminal law in the sphere of the proper making and submitting designs or any other similar documentation with mandatory systems of environmental protection or putting constructions into operation with a proper system of environmental protection. As a part of the study of the act of making or putting into operation constructions without systems of environmental protection, the author defines: criminal-legal characteristics of this act; the backgrounds and genesis of the criminal-legal responsibility for the making or putting into operation constructions without systems of environmental protection; the current state of the matter. The author researches the existing viewpoints regarding the generic object of a crime provided for in Article 253 of the Criminal Code of Ukraine and suggests the definition of the direct object, target, subject, and subjective aspect (mens rea) of this crime. The qualifying features of the mentioned criminal act have been also analyzed. The criteria for separation of a crime under Article 253 of the Criminal Code of Ukraine from related crimes and the similar administrative offences have got further development. The comparative research of a crime under Article 253 of the Criminal Code of Ukraine and similar crimes under foreign legislation has been provided for the first time.