The genesis of the scientific problem of destruction or damage to flora

Abstract

Environmental protection is one of the most pressing problems of humanity. As part of its tasks and functions, the European Union identifies this issue as one of its top priorities and pays special attention to it. Given Ukraine's European integration aspirations, it is particularly important today to implement an effective policy on flora protection. Criminal liability for the destruction or damage to flora is one of the measures of the state policy on flora protection.

In addition, the consequences of the martial law declared in Ukraine require the state to take measures to ensure environmental safety and a safe environment for people's life, as well as to preserve biodiversity. The state authorities respond to such challenges, in particular, by improving the mechanisms of legal influence on violators of legislation in the field of plant use and protection.

In most scientific works, the criminal law description of encroachments on flora in Ukraine is limited to the description of the elements of the crime under Article 245 of the Criminal Code of Ukraine. We can state a close interrelation between scientific research on the chosen topic, the development of criminal law regulation of protection of flora, and the scale of criminal encroachments on flora. The impact of international cooperation and global of environmental problems of mankind is also important. The evolution of social and political conditions significantly changes the principles of legal support for the protection of flora.

The impact of international cooperation and global environmental issues is also important. The evolution of the socio-political order in the state and changes in the legal culture of citizens significantly modify the principles of legal support for the protection of flora. The study of the concept of ‘the act of destruction or damage to flora’ has made it possible to establish its complexity, since it entails the application of environmental, administrative and criminal measures of negative impact on the offender.

Legal relations in the field of criminal law protection of vegetation around settlements are characterised by the following features: 1) increased public danger of acts; 2) clear definition of the object of criminal legal protection; 3) specific composition of subjects of crimes; 4) direct intent as the predominant form of guilt; 5) application of complex punishment measures; 6) special importance of expertise.