The thesis is the first complex scientific research in Ukraine, in which, if take into account the legislation, theoretical and practical achievements, a number of concepts and theoretical concepts and conclusions are put forward that define the mechanism of criminal law protection of land resources of Ukraine, reveal the place, role and functions of such security.
The research of the main issues of criminal law protection of land resources of Ukraine from criminal encroachments, a critical analysis of modern domestic and foreign theoretical developments in this area, legislative and judicial practice point to the particular intricacy, complexity and functional relation on the directions of criminal law policy. The state of development of both sectoral and intersectoral environmental protection and directly land protection legislation, theoretical approaches to the optimization of measures for the protection of land resources as an object of the natural environment, land ownership rights and land use, as well as agricultural activities. A comprehensive solution to the criminal law problems of the general natural resource legislation is too broad to research. It cannot cover all possible features and characteristics of individual natural elements of the natural environment. Therefore, focusing on issues of the criminal law protection of land resources not only as an element of the environment seems to be objective and logical. This allowed to develop the concept of practical criminal law protection of land resources of Ukraine, first of all, from socially dangerous, culpable and illegal encroachments.
A general theoretical definition of crimes against land resources of Ukraine has been developed and their classification has been proposed. The concept of crime against land resources of Ukraine should be a universal and fundamental category. This is due to the fact that it forms the content of criminal law prohibitions regarding land offences. Permits to distinguish crimes against land resources from similar administrative and legal delicts and other related offenses. Inures the best definition of crime syllables in the field of research. Determines the scope of tasks in the process of countering and preventing these crimes. Correct definition of a crime against land resources influences the criminalization and decriminalization of acts that are included in the group of these offenses. It also creates conditions for understanding the legal nature of crimes against land resources as a socially negative category.
The essence and characteristics of the types of crimes’ object against land resources of Ukraine have been clarified. It was proposed to use a mixed (combined) approach in determining the objects of these crimes. Particular attention was paid to the characteristic of land resources, as a specific subject of crimes against land resources.
A systematic analysis of the remaining elements of the elements of crimes belonging to the group of crimes against land resources has been carried out, the shortcomings of their design have been identified, proposals have been formulated and substantiated for improving the relevant norms of the current criminal legislation of Ukraine. It was proved impossibility to recognize legal entities as the subject of crimes against the land resources of Ukraine, as this violates the fundamental principles of criminal law. It was determined that the subjective side of crimes against the land resources of Ukraine is characterized either by an intentional or a combined form of guilt (an intentional attitude towards a socially dangerous act and negligence in relation to its consequence).
The features of the implementation forms of criminal responsibility for crimes against land resources of Ukraine are considered. It was determined that in spite of a small degree of public danger of crimes against land resources, it is possible to realize criminal responsibility in all known forms. The paper considers possible means of criminal law protection of land resources. At the same time, criminal liability for socially dangerous encroachment on the land resources of Ukraine is allocated as the main means. There are also other criminal means of protecting land resources from socially dangerous encroachments, for example, necessary defense, extreme necessity, active repentance, etc.
