PREVENTION OF CRIMINAL OFFENSES IN THE PROTECTION OF THE FOREST FUND OF UKRAINE

Abstract

Abstract. The article is devoted to the analysis of state policy of rational use and reproduction of natural resources, providing protection, restoration of forest fund of Ukraine. It is based on the activities of the entities charged with the organization and coordination of measures to protect the state forest fund, which carry out activities aimed at eliminating violations of forest legislation and interact with law enforcement agencies, central and local executive authorities, local self-government, citizens, and their associations. Such activities are regulated by the national legislation, in which a special role belongs to the criminal legislation. The negative trends of criminal offences in the field of forest protection are highlighted. Since recently there is an increase in the number of illegal manifestations related to illegal logging, a significant level of corruption in the forest sector, which leads to the destruction of flora objects, pollution of large territories, emergencies of natural character. Despite the extensive system of normative legal acts and the system of measures providing protection of forest fund of Ukraine, today there are negative trends of criminal offenses in the field of environmental protection, including forests. The system and scale of illegal manifestations associated with illegal logging, significant level of corruption in the forest sector, which leads to violation of ecological balance, mass destruction of objects of flora, pollution of large territories, emergence of emergency situations of natural character and threat to national and environmental security of Ukraine. Especially dangerous is the fact that criminal offences in the use of forest resources, according to official statistics, are committed by employees of the state forest guard, who are charged with exercising state control over the observance of forest legislation and ensuring protection of forests from fires, illegal logging, protection from pests and diseases, damage due to anthropogenic and other harmful effects. Unfortunately, legislative shortcomings contribute to the inefficiency of pre-trial investigation of criminal offences in the field of forest protection. This is due to different qualification by pre-trial investigation bodies of unlawful actions of suspected persons according to criminal legislation; lack of regulation in the legislation of the procedure of transportation and processing of illegally cut down timber; minimization of customs payments when exporting forests; monopolization of activities on organization of timber sales through commodity exchanges. The main subject of prevention of committing criminal offenses in the field of protection of the forest fund is the State Forest Guard, which has the status of a law enforcement body. The purpose of its activity is the implementation of legal, forest protection and other measures aimed at the preservation, expanded reproduction, non-intrusive use of forest resources and wildlife objects. The preservation of the forest fund is caused by an increase in the number of criminal offenses and an increase in harm caused by actions in the use of forest resources. An important task of government policy is the rational use and reproduction of natural resources, ensuring the protection and regeneration of Ukraine’s forest fund. And also prevention of committing criminal acts in the field of forest protection.