Open AccessPREREVOLUTIONARY PERIOD OF DEVELOPMENT OF LEGISLATION AGAINST CRIME IN THE FIELD OF FOREST FUND
Author(s) -
Dmytro Sinyushko
Publication year - 2021
Publication title -
pravovij časopis donbasu
Language(s) - English
Resource type - Journals
ISSN - 2523-4269
DOI - 10.32366/2523-4269-2021-75-2-105-113
Subject(s) - ukrainian , illegal logging , period (music) , legislation , politics , geography , political science , economy , law , forestry , logging , economics , philosophy , linguistics , physics , acoustics
The article, based on historical and legal analysis, examines the evolutionary development of criminal law support for combating crime in the field of forest resources in modern Ukraine. The author identifies trends in the historical and legal development of criminal law counteraction to forest violations in Ukraine, which were associated with the peculiarities of land ownership, political and socio-economic status of society. The study found that criminal law counteraction to forest violations in independent Ukraine is characterized by the search for an effective model, which should largely include historical experience. Generalizations were made, recommendations were given to improve the fight against crimes in the field of forest resources. The study of historical and legal literature makes it possible to conclude that the history of Ukrainian criminal law in the field of forest protection covers three chronological periods: the first period (pre-revolutionary) – from the times of «Ruska Pravda» and until 1917; second period (Soviet) – from 1917 to 1991; third period (post-Soviet) – since 1991. It is important to note that natural conditions have developed so that the boundary between the forest and the steppe was not clearly expressed. The location of settlements has solved a number of important issues. First, the forest served as an object of crafts, hunting, boarding. Secondly, the trees were cut down, cocturns for expansion of agricultural areas, pastures for grazing livestock, meadows for harvesting hay. Thirdly, in the woods could always be hiding from raids of nomads. So іn addition, can conclude that the historical experience of the formulation of norms regulating the responsibility for criminal offices is now relevant: by introducing in the norm of such elements, which maximally motivate the foresters to hold from criminal encroachments and cause moral condemnation of such acts; use of stimulating the rails to conscientious forest use, even in the case of committing a violation, by reporting it and the inclusion of an enhanced punishment for concealing such a violation; by differentiation of responsibility, depending on the degree of fire hazard in forests; introduction to the signs of a crime committed by destroying or damaging forest plantations, the location of such acts near settlements.