Semenyshyna-Fihol B. Criminological characteristics and prevention of criminal offenses in the field of land relations in Ukraine

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U103840

Applicant for

Specialization

  • 12.00.08 - Кримінальне право та кримінологія; кримінально-виконавче право

25-09-2021

Specialized Academic Board

К 11.737.01

Donetsk Law Institute

Essay

The dissertation is devoted to the complex research of criminological problems of prevention of criminal offenses in the field of land relations in Ukraine. For the first time, the scientific task of developing a holistic theoretical and practical approach to the formation of a strategy for the prevention of such criminal offenses was set and solved, which provided an opportunity to justify proposals aimed at improving the legislation and practice of its application by authorized entities. On the basis of modern legal understanding, the principles of criminological policy in the field of protection of one of the fundamental elements of the environment - land resources as an object of the environment, legal relations of land ownership and agricultural activities. The author's definition of prevention of criminal offenses in the field of land relations as the activity of authorized state bodies is aimed at illegal criminal acts related to possession, use, disposal, protection, rational use and reproduction of land and consists in international, national, regional and departmental (interdepartmental) levels of a set of preventive measures, including systematic criminological analysis, detection and elimination of determinants that contribute to the commission of certain criminal offenses, exposing persons (their associations) who commit such acts, detection and cessation of criminal acts at the stages of preparation or attempt, as well as prevention (minimization) of their negative consequences by compensating for damages, return of illegally acquired assets, restoration of violated rights. Land relations as an object of criminal law protection is a set of relations in the field of possession, use, disposal, protection, rational use and reproduction of lands within the territory of Ukraine, in case of encroachment which causes significant property (economic) damage to the state, people of Ukraine , as well as the environment or the danger of causing such damage. The criminal offenses in the field of land relations include acts under Art. 197-1, 239, 239-1, 239-2, 252, 254 of the Criminal Code of Ukraine. Object of criminal law protection of land relations - land law established by land legislation, ownership of land as real estate, the right of permanent use, the right of lease. The subject of the studied relations is natural or legal persons, local self-government bodies and state authorities, which are endowed with the right to own, use, dispose of land plots; persons with whom they interact. Subject of land relations - the need established by law for the purposeful use of land; The content of these social relations is the right of local governments and public authorities to the normal exercise of powers delegated by law and the right of individuals and legal entities to exercise the rights and freedoms guaranteed by the Constitution of Ukraine. Key words: land, land relations, criminological characteristics, determinants, identity of the offender, prevention of criminal offenses, control, supervision.

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