Intentional destruction or damage of objects of plant life as a crime under the law of Ukraine and other European countries: cross-jurisdictional analysis

Abstract

The key goal of this research paper is to analyze the specific features of legislative construction of Article 245 of the Criminal Code of Ukraine, in particular, the method of statutory reflection of the elements of the subject matter and subjective side of this criminal wrongful act used therein, and also to study the relevant European experience. This will enable to develop proposals aimed at improving the provisions of current national criminal legislation, which are intended to guarantee the protection of flora by means of Ukrainian criminal law.
In the course of relevant comparative legal research and formulation of conclusions, the author used a number of different scientific methods of cognition, in particular: modeling, comparative, dialectical, systemic as well as statistical methods.
A conclusion has been reached that the newer version of the criminal law norm under study should, firstly, retain criminal liability for trespass to any type of vegetation, and not only violations relating to forests, and secondly, within its framework, liability for a) encroachment not only on green spaces around settlements, along railways, but also on any other green spaces, including those not located in appropriate places; b) destruction/damage of vegetation on lands of any category from among those provided for by the Land Code of Ukraine.
In addition, the authors argue that it is necessary to establish penalties for intentional and negligent destruction of flora that differ in severity, which is explained by the significantly different degree of public harmfulness.