Yearly journal of scientific articles “Pravova derzhava” Volume 30 (2019),
361-368 p.
DOI: 10.33663/0869-2491-2019-30-361-368
Kozliuk L. G. Some aspects of counter-action to ecological criminality in Ukraine
Through the prism of social naturalism there are overviewed some aspects of counter-action to ecological criminality in Ukraine. It is argued that ecological criminality causes sig¬nificant harm to the ecological interests of society, violates the right of everyone guaranteed by the Constitution of Ukraine to a favorable environment, undermines respect for environmental law and order in the country. It has been determined that what should be in the basis of the measures of counter-action to ecological criminality. It is proved that an effective counter-ac¬tion to environmental criminality will be possible in such measure as far ecological and legal culture of the subjects of environmental law enforcement, that is, all participants in ecological relationships, will be developed.
It is noted that contemporary development of society is impossible without the favorable environment, greening of all spheres of society life. According to the rules of international law, constitutional provisions, the environment treats one of priority subjects to legal regulation. It is marked a steady tendency of growth of ecological crime its organization, profession¬alism that leads to serious consequences. Growth of ecological crime strengthens influence of anthropogenic and natural factors and provokes ecological crisis. The public danger of ecological crime is that it does essential harm to the ecological interests of society, violates the right of everyone for the favorable environment guaranteed by the Constitution of Ukraine, undermines respect to ecological law and order in the state.
The current state of ecological law and order demands implementation of measures of counteraction to commission of ecological crimes both on state, and on public levels, including by impact on those factors, the defiant reasons and conditions of their commission.
Today, the main accent should be placed on ecological legal culture as the efficiency of achievement of ecological law and order, performance of objectives of environmental policy and safety in general depends on it. It is necessary that the person had no motivation to any behavior in the sphere of environmental protection, and it can be reached by a raising of eco¬logical legal culture, both criminal justice authorities, and ordinary citizens. Therefore, the regulator of ecologically directed behavior of citizens has to become ecological legal culture.
It is concluded that one of the productive ways of counter-action to corruption in the en¬vironmental sphere is the need to eliminate the possibility of resolving citizens ‘and economic entities’ environmental problems in a corrupt way. In order to prevent this, it is necessary to form an ecological and legal anticorruption culture of citizens, which, at the same time, will be the guarantee of anticorruption environmental culture of the subjects of ensuring environ¬mental legal order.
Partnership between the public and criminal justice authorities, which are directed to environmental protection, reduces a possibility of violation of ecological law and order. Such partnership is an indicator of sustainable development of preservation of the surrounding en¬vironment and providing law and order in this sphere.
It is proved that under providing ecological law and order by means of criminal justice, it is necessary to consider the cultural and repressive concept of counteraction of crime for ecol¬ogy, it is determined by a formula: “ecological legal culture of citizens plus criminal justice”. It ³s concluded that problems which exist under providing ecological legal order by means of criminal justice, regarded with absence, backwardness in the society of ekologoical and legal culture. Therefore, the effective solution of this problem will be possible, the ecological legal culture of subjects of providing ecological law and order, that is all participants of the ecological relations are developed.
Key words: ecological criminality, ecological legal order, criminal justice authorities, ecological safety, ecological and legal culture.
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