"ENVIRONMENTAL DISASTER" AS A SIGN OF THE OBJECTIVE SIDE OF CRIMINAL OFFENSE PROVIDED FOR BY ART. 441 OF THE CRIMINAL CODE OF UKRAINE

Abstract

The article examines doctrinal approaches to understanding the concept of " an ecological disaster" as a sign of a criminal offense provided for by Art. 441 of the Criminal Code of Ukraine. The view points of domestic researchers on this issue are given. Summarizing their definitions of an ecological disaster allows us to conclude that researchers use evaluative concepts that also require additional interpretation: a large area of the territory; significant limitation; significant negative changes; a large-scale accident; severe consequences; persistent or irreversible negative changes; extremely dangerous place of residence; a global negative impact; serious, extensive and lasting damage. It was established that the definition of "an ecological disaster" is absent in any normative legal act. It is noted that only the Code of Civil Protection of Ukraine defines the concept of "a disaster", which is used to interpret the meaning of such concepts as "an emergency situation" and "a dangerous event". It is noted that the authors of the project of the Criminal Code of Ukraine in the article on ecocide abandoned the phrase "an ecological catastrophe", replacing it by the terms long-term and large-scale damage with the interpretation of such damage in the glossary of the project. It is proposed to replace the phrase " an ecological disaster" in Art. 441 of the Criminal Code of Ukraine, by " an emergency environmental situation" in the context of the Law of Ukraine "On the Zone of Emergency Environmental Situation". An emergency ecological situation should be understood as an emergency situation in which negative changes in the natural environmental surrounding have occurred in a separate area, requiring the use of emergency measures by the state. Negative changes in the natural environmental surrounding are the loss, depletion or destruction of certain natural complexes and resources as a result of excessive pollution of the natural environment, a destructive influence of natural forces and other factors that limit or exclude the possibility of human life and economic activity in these conditions.