THE SUBJECTIVE ELEMENT OF THE CRIMINAL OFFENSE PROVIDED FOR IN ARTICLE 245 OF THE CRIMINAL CODE OF UKRAINE “DESTRUCTION OR DAMAGE OF OBJECTS OF THE PLANT WORLD”

Abstract

The article examines the subjective element of the criminal offense defined in Article 245 of the Criminal Code of Ukraine, which establishes liability for the destruction or damage of objects of the plant world by fire or other generally dangerous means. It is determined that the absence of a clearly defined form of guilt in the disposition of the article creates significant difficulties for law enforcement, particularly in the qualification of acts, their differentiation from administrative offenses, and the individualization of punishment. The paper reveals the intellectual and volitional features of direct and indirect intent, as well as criminal recklessness and negligence. It is shown that combining intentional and negligent acts within a single criminal-law provision leads to the blurring of distinctions between different forms of guilt and reduces the effectiveness of criminal-law regulation. The article presents arguments supporting the need to account for the differing degrees of social danger inherent in intentional and negligent destruction or damage of plant-world objects. Attention is drawn to foreign experience, particularly the legislation of Spain, Poland, Estonia, and Latvia, where intentional and negligent forms of destruction of vegetation are separated into distinct criminal offenses. The study substantiates the expediency of introducing into the Criminal Code of Ukraine two types of criminal offenses with different sanctions: (1) intentional destruction or damage of plant-world objects committed by arson or other generally dangerous means; and (2) negligent destruction or damage of plant-world objects by fire or other generally dangerous means. It is proven that such an approach would enhance legal certainty, more accurately reflect the degree of social danger of the act, ensure compliance with the principle of justice, and strengthen the effectiveness of criminal-law protection of the environment.