DEFINITION OF THE CONCEPT OF “ECOCIDE” IN INTERNATIONAL LAW AND THE CRIMINAL CODE OF UKRAINE

Abstract

The significance of the definition of ecocide is explained by the use of a negative impact on environmental security to gain a military advantage, for this reason it is necessary to improve the legislation to prevent, stop and prosecute the commission of ecocide in the criminal law of our state and international law. The purpose of this article is to conduct a study of the legal regulation of the crime of ecocide in international law and the legislation of our country, as well as an analysis of possible directions for improving the legislation, which provides for criminal responsibility for the commission of ecocide. The need to distinguish ecocide as a separate crime at the international level is explained by the following reasons: stopping ecocide to preserve and ensure environmental safety; an increase in the threat of committing ecocide during war; the mass of committing ecocide, which caused damage to the air, water resources, forests, and soil, which negatively affects people's lives, health, agriculture, and other human rights; the need to compensate for the damage caused to the environment, determining the mechanism for paying reparations from the state that started the war. The improvement of Article 441 of the Criminal Code of Ukraine requires the selection of qualified components of this crime, in particular, committed during the period of war or armed conflict, and the provision of greater punishment for the commission of this crime. According to the conducted analysis of the crime of ecocide, it is possible to note the presence of evaluative concepts, the absence of a clear list of acts, an increase in the period of criminal responsibility, the need to supplement the article with qualified features, and a decrease in the age of onset of criminal responsibility. In international law, there is also a need to improve the norms on ecocide, to introduce the specified concept, types of ecocide, to improve certain procedural issues, in particular, the process of recording damage and its compensation.