Criminal and legal characteristics of illegal logging and illegal transportation, storage, and sale of timber in Ukraine

Abstract

The statute has a comprehensive criminal and legal investigation of illegal logging, as well as illegal transportation, storage and disposal of timber as one of the most extensive criminal offenses against wood-killing in Ukraine. It is concluded that the action is intended to pose a threat to the ecological security of the state, negatively affect the natural environment, cause degradation of ecosystems, a decrease in biodiversity, as well as the present situation of economic stability and social development of the marriage. It is clear that illegal exploitation of forest resources undermines the efforts of rational environmental management and creates changes in the functioning of shadow economic processes.

It has been established that the current rate of expansion of illegal activities in the villages is due to economic, organizational, legal and criminogenic factors, among which the key significance is the lack of thoroughness of government control, the fragmentation of regulatory mechanisms, high pressure on the wood in the internal and external markets, as well as the obviousness of the unraveling shadowy schemes of their preparation and implementation. It is further reinforced that in the minds of the military, these processes will accelerate as a result of the decrease in the effectiveness of institutional control and the increase in the level of latency of environmental hazards. The genesis of the criminal record for illegal logging, as well as changes to Art. 246 of the Criminal Code of Ukraine, which essentially expanded the scope of criminal law to include illegal transportation, conservation and recovery of timber. It has been confirmed that this transformation of legislation is aimed at developing an integrated approach to preventing the illegal exploitation of forest resources and stopping all stages of illegal activities - from illegal harvesting to sale products.

Particular attention is paid to the problem of significant physical impairment as a sign of criminal offence, which poses difficulties for the legal system through the lack of a single approach to its calculation. ratings. It is emphasized that the existing methods are more oriented towards economical indicators and do not completely protect against the environmental consequences of illegal logging, which can be of a long-lasting and irrevocable nature. A summary has been drawn up about the need to improve criminal legislation and the practice of its stagnation, in addition to the ways of concretizing assessments to understand, unifying methods for identifying harm, increasing efficiency interaction between law enforcement and control authorities, as well as the promotion of current mechanisms for monitoring forest resources. It is concluded that without a comprehensive approach to criminal and legal protection of the forest, it is possible to ensure the proper level of environmental safety and the ongoing development of Ukraine.