Problematic issues of criminal prosecution for the illegal extraction of mineral resources

• Published in: Natsional'nyi Hirnychyi Universytet. Naukovyi Visnyk no. 4; pp. 139 - 144
• Main Authors: Makarenko, O.Y, Makarenko, N.A, Nazymko, O.V, Hromenko, Y.O, Nesterenko, K.O
• Format: Journal Article
• Language: English
• Published: Dnipropetrosk State Higher Educational Institution "National Mining University" 2021
• Subjects: COVID-19; Crime; Criminal investigations; Criminal liability; Criminalization; Enforcement; Environmental crimes; Exploitation; Government agencies; Health risks; Law enforcement; Legal liability; Legislation; Mineral resources; Minerals; Natural resources; Norms; Prohibition; Prosecutions; Strengthening; Subsoils; Systems analysis; Crimea; Ukraine
• ISSN: 2071-2227; 2223-2362
• DOI: 10.33271/nvngu/2021-4/139

Purpose. To research the criminalization of offences against illegal extraction of minerals of strategic importance; it is of equal importance for legislative and law enforcement activities, development and implementation of economic programs, and the strengthening of the government and local authorities. Methodology. The research focuses on identifying vulnerabilities of prosecution for illegal mining by means of studying and analyzing the legal framework of Ukraine, theoretical foundation in relevant fields, analysis of judicial practice of bringing persons to justice under Art. 240, Paragraph 2 of the Criminal Code of Ukraine. Systems of special approaches and methods, namely the formal-logical, logical-normative, method of system analysis facilitated investigation of the declared subject. Findings. Certain problems are revealed which occur during the formation of penal prohibition of the studied criminal practices at the legislative level, including the inconsistency of criminalization of illicit mining with the severity of negative legal consequences. Originality. The article analyzes the problematic issues of prosecution for illegal extraction of minerals under Article 240, Paragraph 2 of the Criminal Code of Ukraine Violation of the established rules for the use of subsoil, if it has created a threat to life, health or the environment, as well as illegal extraction of minerals of public importance. Proposals are substantiated aimed at enhancing the current criminal legislation and its implementation by law enforcement agencies of Ukraine in dealing with illegal exploitation of natural resources of national importance. Practical value. The work studied the norms of legal liability for illicit subsurface use, and judicial practice of law enforcement of the specified norms. The authors maintain that the legal provisions of criminal legislation which provides for liability for this act mentioned, should be significantly improved in terms of clear defining of the disposition and broadening and strengthening of the sanction on Article 240, Paragraph 2 of the Criminal Code of Ukraine. The expediency is confirmed to expand the category of perpetrators under this article considering the involvement of a wide range of people both directly in the process of illegal mining, and further transportation and sale.