Sudets O. Criminal liability for violation of water legislation

The dissertation is devoted to the study of the criminal law foundations of liability for violation of the water legislation, the notion of "criminal liability for violation of the water legislation" is formulated, the social conditionality of the criminal law prohibition of violation of the water legislation is analyzed, the main stages of the development of water legislation and the rules on criminal liability for it are described violations, the analysis of objective and subjective signs of such crimes is carried out, new criteria for delimiting the violation of water legislation from related crimes and administrative and legal tort, scientifically substantiated proposals for the prevention of criminal violations in this area have been developed and the main directions for improving legislation in the field of criminal liability for violation of water legislation have been identified. The author's definition of the concept of violation of water legislation as a violation of the geophysical properties of the water body and the complex of rights of users - individuals who interact with such objects. The logic of the formulation of such a term is based on the legal characteristics of specific water bodies, taking into account geophysical features, the state of which is violated by committing a criminal offense. It is established that social and economic factors underlie the contradictions of social development that have led to increased crime in the field of violation of water legislation. The social factor is represented by the dynamics of legal nihilism in relation to water bodies, neglect of ecological values and the absence of a systematic ecological state policy. The economic factor is represented by the low level of welfare of the population, which has become a catalyst for criminal behavior in relation to water bodies and created preconditions for encroachments on water resources, flora and fauna of waters, coastal strips (allocation of land plots protected by the Water Code). It is determined that the main direction of improving the regulatory framework in the field of combating violations of water legislation should be the formulation of clear legislative provisions on liability with security measures - to cover the costs of restoration of water bodies. The search for ways to improve the legislation in the field of criminal liability for violations of water legislation in the context of European integration was carried out through the analysis of prospects of combining European practice and national characteristics. The main area of improvement should be the formulation of liability rules with precautionary measures - to cover the cost of restoration of water bodies. Also, the prospects for improvement are to develop and adopt the required number of laws and regulations; proper coordination between institutions working in the field of legislative adaptation; adequate funding of measures to prevent criminal acts; generalization of judicial practice and formulation on the basis of regularities of preventive sanctions.