Pastukh A. Investigation of crimes related to violations of environmental safety rules.

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0823U101246

Applicant for

Specialization

  • 081 - Право

Specialized Academic Board

ДФ 41.884.043

Odessa State University of Internal Affairs

Essay

The dissertation is a monographic study in which, based on the analysis of practice materials and theoretical provisions, the foundations of a complex methodology for the investigation of crimes related to the violation of environmental safety rules have been developed. The study is built on the basis of conclusions and provisions substantiated by modern developments in the field of philosophy, criminology, criminal law, criminal procedural law, the theory of operational and investigative activity, sociology, and at the same time, the generalized results of the investigators questionnaire were used. It is determined in the work that a crime related to the violation of environmental safety rules is a culpable, illegal act, characterized by direct/indirect intent, as a result of which damage is caused to the surrounding natural environment as a whole system, landscapes, natural resources, plant and animal life of the world, other natural complexes, it is stated that criminal activity related to the violation of environmental safety rules should be understood as the structured and ordered behaviour of a person (group of persons), the purpose of which is to violate social order and established norms of human activity, in particular, violation of the basic principles of environmental protection, causing damage to the surrounding natural environment as a whole system, landscapes, natural resources, people as a biological species, flora and fauna, other natural complexes, etc., which includes a system of actions regarding the direct commission of a crime, preparation for its commission, its concealment and opposition to the pre-trial investigation. It was determined that the typical types of criminal activity associated with the violation of environmental safety rules are: first, autonomous criminal activity, which is characterized by the following features: a) the negative consequences of the crime spread to a more or less limited territory; b) the intention to commit a criminal activity usually arises spontaneously in a person or the act is committed without direct intention due to official negligence and/or neglect of official duties; c) in the vast majority of cases, as a result of such activity, relatively little damage is caused to the natural environment and/or to the life and health of people, flora and fauna; d) is not accompanied by the creation and use of corrupt connections; secondly, criminal activity, which is carried out by means of a conspiracy of two or more persons with the distribution of relevant functions between them, in the structure of which a mandatory member of the criminal group is a subject endowed with power or a person who holds a position in institutions or organizations, which are engaged in carrying out environmental assessments, carry out activities related to the design and commissioning of buildings, issue permits for development of territories, etc. The main directions of the formation of infrastructural elements to ensure such criminal activity in the form of establishing informal and corrupt relations with: a) representatives of the authorities are characterized; b) representatives of law enforcement agencies; c) experts of organizations, enterprises and institutions involved in environmental expertise; d) architects; e) developers. During the investigation of crimes related to the violation of environmental safety rules, the following blocks of circumstances are singled out, which must be established: first, the circumstances regarding the method of committing a criminal offense; secondly, the circumstances, the establishment of which requires the mandatory use of special knowledge, in particular: a) experts conducting environmental expertise; b) experts conducting construction and technical expertise; c) experts conducting a sanitary-epidemiological examination; d) involvement of experts from other fields of knowledge; thirdly, the circumstances related to the circumstances of the commission of the criminal offense, in particular: the territory that was "negatively affected" by the actions of suspects in crimes related to the violation of environmental safety rules (definition of the affected zone); the actual place of commission of the crime related to the violation of environmental safety rules; finding out whether the enterprise was created intentionally to cause such damage, or whether it was caused by an enterprise for which causing a negative impact on the environment was not the main purpose of its creation and operation; the period of time during which the criminal activity was carried out; fourth, the circumstances related to the person who committed the criminal offense, in particular: the crime was committed by a person alone or by a criminal group based on a prior conspiracy; whether the person committed a crime related to the violation of environmental safety rules for the first time or repeatedly;

Research papers

Черемнова А.І., Пастух А.В. Використання спеціальних знань у тактичних операціях під час розслідування злочинів, повʼязаних з порушенням правил екологічної безпеки. Юридичний науковий електронний журнал. 2023. № 4. С. 634-637.

Пастух А.В. Криміналістична класифікація та криміналістична характеристика злочинів, повʼязаних із порушенням правил екологічної безпеки. Південноукраїнський правничий часопис. 2023. № 1. С. 99-104.

Пастух А.В. Взаємодія у складі груп під час розслідування злочинів, повʼязаних із порушенням правил екологічної безпеки. Юридичний вісник. 2023. № 2. С.164-171.

Пастух А.В. Екологічна безпека як складова кримінально-релевантної інформації під час досудового розслідування. Науковий вісник Міжнародного гуманітарного університету. Сер.: Юриспруденція. 2023. № 62. С.107-110.

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