Злочини проти екологічної безпеки

• Дата: 2021
• Автори: Turlova, Yu., Polishchuk, H., Kozliuk, L., Penyazkova, O.
• Формат: Стаття
• Мова: Ukrainian
• Опубліковано: State Scientific and Technical Center for Nuclear and Radiation Safety 2021
• Онлайн доступ: https://nuclear-journal.com/index.php/journal/article/view/789
• Назва журналу: Nuclear and Radiation Safety

The purpose of the article is to determine a set of common features and indicators based on which environmental safety crimes can be differentiated as a relatively separate group, with the aim of research and systematization thereof. The methodological basis of the study rests upon the system of general scientific methods and approaches which enabled an objective analysis of the subject matter under study. The author proves the hierarchy of the system under study, i.e. the presence of subordinate subsystems, as well as the fact that the system of environmental safety crimes is a subsystem, i.e., a component of a higher-level system – the system of environmental crimes. The author argues that the system of criminal-law provisions in the environmental safety domain is a set of the provisions determining which particular offenses of this category are crimes, and the legal institute of environmental safety, to the norms of which the blank dispositions of these provisions refer. The scientific novelty of the results obtained is that for the first time the article offers the author's version of the system of environmental safety crimes which, by the level of localization, has a generalized target of offense and, depending on the nature of the offense, can be divided into the following categories: international crimes encroaching on environmental safety of mankind; crimes which constitute a violation of the procedure for environmental study or environmental safety rules of production activities which caused (or threatened to cause) a significant environmental damage; crimes in the area of nuclear and radiation safety; crimes in the area of biological safety; crimes which connive at environmental hazards, in particular, failure to take measures to eliminate the consequences of environmental pollution and concealing or misrepresenting of information about environmental situation or population morbidity rates; waste management crimes. The analysis of relevant criminal-law provisions from the perspective of a systematic approach provided arguments for differentiating the crimes of this category as a relatively separate group and for substantiating the author's version of classification of environmental safety crimes, which will further contribute to their comprehensive research and improvement.