Перегляд за Автор "Movchan, R. O."

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  • Ескіз недоступний
    Документ
    CRIMINAL LIABILITY FOR ILLEGAL MINING: ANALYSIS OF LEGISLATIVE NOVELTIES
    (Дніпро: Національний гірничий університет, 2022) Movchan, R. O.; Dudorov, O. O.; Kamensky, D. V.; Vozniuk, A. A.; Babanina, V. V.
    of its shortcomings, development of proposals for their elimination. Methodology. The system of philosophical, general scientifi c and specifi c-scientifi c methods and approaches that provided for objective analysis of the subject (analysis, synthesis, induction, deduction, comparison, generalization, abstraction, sociological, statistical, formal-logical). Findings. The shortcomings of the revised Article 240 of the Criminal Code of Ukraine, in particular, the uncertainty on the issue of the minimum cost of illegally mined minerals of national importance for recognizing an act as criminally unlawful, the lack of diff erentiation of criminal liability for illegal mining of minerals of national importance depending on the size (value) of the extracted items, the creation of an imbalance between the degree of severity of penalties in the form of a fi ne, enshrined in diff erent parts of the prohibition under consideration, the groundlessness of constructing a sanction of Part 3, Article 240 of the Criminal Code of Ukraine as non-alternative. Originality. The authors are the fi rst in the doctrine of criminal law of Ukraine to carry out a comprehensive critical understanding of the updated version of the provision on the regulation of criminal liability for violation of the rules for the protection or use of subsoil, illegal mining, which made it possible to develop research-based recommendations for improving domestic criminal law. Practical value. Based on the results of the article, specifi c proposals addressed to domestic parliamentarians have been developed, which can be taken into account in the process of further lawmaking to update relevant provisions of the Criminal Code of Ukraine. It has been argued that in the improved Article 240, the minimum value of illegally mined minerals of national importance should be determined in order to recognize the act as criminally unlawful, and the same criteria for the crime of illegal mining of minerals of local and national importance should be fi xed. It has been substantiated that criminal liability for illegal mining of minerals of national importance should be diff erentiated depending on the size (value) of the mined items. It has been proven, including through references to law enforcement materials, that in the relevant sanctions, fi rstly, along with imprisonment for a certain period, an alternative main type of punishment in the form of a fi ne should be indicated, and secondly, the imbalance between the degree of severity of punishments, provided for in diff erent parts of the provision under consideration, should be eliminated.
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    Документ
    PROBLEMS OF CRIMINAL LIABILITY FOR ILLEGAL AMBER MINING IN UKRAINE
    (Дніпро: Національний гірничий університет, 2021) Movchan, R. O.; Vozniuk, A. A.; Kamensky, D. V.; Dudorov, O. O.; Andrushko, A. V.
    Purpose. Critical analysis of the criminal law provision on illegal mining of amber, identifi cation of its shortcomings, development of proposals for their elimination. Methodology. The system of philosophical, general scientifi c and specifi c scientifi c methods and approaches, which have provided objective analysis of the subject under consideration, in particular, the method of systemic and structural analysis, specific sociological, statistical, comparative, formal-logical methods. Findings. Shortcomings of the criminal law provision on illegal mining, sale, acquisition, storage, transfer, shipment, transportation and processing of amber, in particular, unjustifi ed expansion of the criminal law prohibition under consideration, unsuccessful design of the main and qualifi ed components of the criminal off ense under review, as well as unjustifi ed sanctions. Originality. The authors have been among the fi rst researchers in the domestic criminal law doctrine to provide a comprehensive critical understanding of the provision dedicated to the regulation of criminal liability for illegal amber mining, which has made it possible to develop scientifi cally based recommendations for improving domestic criminal law. Practical value. Based on the research results, specifi c proposals addressed to domestic parliamentarians have been developed, which can be taken into account in the process of further lawmaking in terms of updating relevant provisions of the Criminal Code of Ukraine. It is argued that the improved Art. 240-1 should only cover illegal mining of amber. The main structure of the researched criminal off ense is proposed to be designed as material. It has been proven, including through references to specifi c law enforcement materials, that sanctions of Part 1 of Art. 240-1 of the Criminal Code of Ukraine should provide for a fi ne as the only non-alternative main type of punishment, while referenced to alternative punishments in the form of a fi ne and imprisonment should be included in Parts 2 and 3.