FEATURES OF IDENTIFYING AND DOCUMENTING FACTS OF COMMITMENT OF CERTAIN CRIMINAL OFFENSES AGAINST ENVIRONMENT UNDER SPECIAL LEGAL REGIMES

Abstract

The article deals with peculiarities of detection and fixation of facts of some crimes against the environment, including illegal occupation by fish, animal or other water mining. The work notes that the identification and recording of criminal offenses is determined by a significant set of circumstances, in particular, the possession by an authorized person of the relevant specialty, practical, life experience, etc. The article analyzes the provisions of normative legal acts that determine the rules and restrictions on the implementation of fish, animal or other water extractive fishing, the violation of which can be calculated by the corresponding losses to the state and provides for liability determined by the legislation of Ukraine. The examples given in the article, on the one hand, demonstrate the awareness of offenders of the wrongfulness of their actions, the use of appropriate means and tools for the implementation of a criminal plan, and on the other hand, determine the need for the proper activity of law enforcement officers in identifying, documenting, which will become the basis for an effective investigation of the facts of illegal fishing, animal or other water mining. At the same time, detection and recording of committed criminal offenses against environmental safety in general and such manifestations as illegal fishing should take into account modern social, economic, material, etc. conditions, including martial law, the COVID-19 pandemic and others that can form special legal regimes in Ukraine. It is noted that the documentation of the identified facts can be carried out in an appropriate way in accordance with the requirements of the current legislation, including criminal procedure by drawing up protocols for conducting investigative (search) actions and annexes thereto. Documentation of the identified facts can be carried out in the appropriate way in accordance with the requirements of the current legislation, including criminal procedure by drawing up protocols for conducting investigative (search) actions and annexes thereto The conclusions note that to qualify actions in illegal fishing, animal or other aquatic extractive fishing, one of such criteria as prohibited: time, place, or means of fishing is enough. The establishment and fixation of tools and means used in illegal fishing, animal or other water mining is a prerequisite for knowledge of the mechanism of committing a criminal offense.