Sivak O. Criminally-legal characteristic of illegal seizure of lands of the water fund in especially large quantities

In the thesis, a comprehensive study of the issues of the criminal law characteristics of the illegal acquisition of water fund lands on a particularly large scale was conducted. For the first time, the provisions of international legislation aimed at protecting natural environment were analysed and the stages of its development were determined. The absence of specific provisions establishing the limits of criminal responsibility for the illegal acquisition of water fund lands on a particularly large scale was revealed. It is proposed to improve the provisions of Article 239-2 of the Criminal Code of Ukraine by proving and justifying the need to change the wording of the title and disposition of the article to “Violation of the regulations on the use of water fund lands”, which will enable to fully cover the subject of criminal encroachment, which will not only include the soil surface layer of water fund lands, but all lands of the water fund, as defined by land and water legislation. Besides, to ensure a clear understanding of the subject and object of the crime specified in Article 239-2 of the Criminal Code of Ukraine, it is proposed to abandon the category of “acquisition” used in the provisions of Article 239-2 of the Criminal Code of Ukraine, since the use of the said term is not inherent to the essential elements of criminal offences defined in Chapter VIII of the Special Part of the Criminal Code of Ukraine, as it is inherent to the essential elements of criminal offences against property.