THE PROBLEM OF THE INTERNATIONAL AND NATIONAL FIXING OF THE DEFINITION OF «ECOCIDE» TAKING INTO ACCOUNT THE SUBJECTIVE AND OBJECTIVE SIGNS OF THE COMPOSITION OF SUCH CRIMINAL OFFENCE: DOCTRINE AND PRACTICE

Abstract

Attention is focused on the fact that the creation of an effective and integral mechanism of environmental protection requires new legislative changes, which should be followed both at the national and international levels. Scientific approaches to the definition of the concept of «ecocide» were analyzed, which contributed to the normalization of the disposition of Art. 441 of the Criminal Code of Ukraine with new proposed qualifying features. In the context of this, the importance of the normative definition of the term «ecocide» as a separate crime provided for by the Rome Statute is substantiated, which, in turn, will contribute to the harmonization of legislative norms not only of Ukraine, but also of other countries of the world. Attention is also focused on the importance of determining the criteria for distinguishing the mentioned crime from the related components of the criminal offense. The authors have concluded that after the recognition of ecocide at the international level as a crime against the peace and security of humanity, any decisions of states that may cause significant damage or destruction to the environment will already be considered international crimes. In addition, the criminalization of ecocide at the international level makes it possible to fill gaps in legislation and contribute to the protection and development of the environment. Therefore, ecocide must be defined at the international regulatory level.