FACTORS OF CRIMINALIZATION OF INTERACTIONS ON LAND RESOURCES OF UKRAINE IN MODERN CONDITIONS

Abstract

The article considers the main issues of the grounds for establishing criminal liability for socially dangerous and illegal acts committed in relation to land resources. It is important to identify the socio-legal conditionality of the criminal law norm and determine it depending on its content, on the specific social conditions that have developed and exist today. In turn, the rules that establish criminal liability for socially dangerous encroachments on land resources, requires theoretical understanding and understanding in terms of its social conditionality and content. The need to study this issue is also due to the constitutional enshrinement of the provision that land is the main element of the environment, the main national wealth of the country and is under special protection of the state (Article 14 of the Constitution of Ukraine). This constitutional provision is the appropriate basis for the implementation of legal protection of land resources not only as part of the natural environment, but also the object of property rights and management. The determinants of socially dangerous encroachments on land resources can be of various natures. Practice shows that such encroachments can be accompanied not only by trivial pollution of land by human waste, but also by major industrial accidents, such as the Chernobyl disaster in 1986. Due to this anthropogenic problem, there is an urgent need to reduce the area of land suitable for habitation and agricultural production. Analysis of the process of causality, determinants of crime, the mechanism of criminal behavior conducted by criminologists, allows you to use the whole arsenal of science to study such a specific object as the cause of criminal encroachment on land resources and the conditionality of criminal liability for such encroachments. But the most in-depth and comprehensive study of the grounds and principles of criminalization of socially dangerous acts was associated with an attempt to build a rational system of principles of criminalization of socially dangerous acts on the basis of the general concept of role and taking into account the social functions of criminal law. Taking into account the system of principles of criminalization, it is expedient to consider the social conditionality of the criminal law prohibition of socially dangerous encroachments on land resources. But it is necessary to take into account the peculiarities of land as a special object of nature, management and property rights.