1. ПРОБЛЕМНІ ПИТАННЯ КВАЛІФІКАЦІЇ ВИПАДКІВ ЗНИЩЕННЯ АБО ПОШКОДЖЕННЯ ЛІСОВИХ МАСИВІВ ТА ІНШИХ ОБ'ЄКТІВ РОСЛИННОГО СВІТУ, ЩО ВЧИНЯЮТЬ РОСІЙСЬКІ ВІЙСЬКОВІ В УКРАЇНІ.
- Author
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Хашев, В. Г.
- Subjects
INTERNATIONAL law ,RUSSIAN armed forces ,WAR crimes ,FOREST plants ,CRIMINAL codes - Abstract
The article examines the peculiarities of qualifying cases of destruction or damage to forests and other flora committed by the russian military in Ukraine as war crimes, taking into account the norms of national and international law. Based on the analysis of the provisions of the Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques, adopted by the UN General Assembly on 10 December 1976, and the Protocol Additional to the Geneva Conventions for the Protection of Victims of International Armed Conflicts (Protocol I) of 8 June 1977, it was concluded that such facts are subject to qualification under Art. 438 of the Criminal Code of Ukraine (hereinafter -- the CC) only if it is proved that they were committed in the context of and in connection with hostilities, and caused widespread, long-term and serious damage to the environment. It is stated that these features are evaluative, and therefore there is a need to initiate at the international level the development and regulatory consolidation of clear criteria for minimal damage to the environment, which will give grounds to qualify the infliction of such damage as a war crime under international humanitarian law. It is proved that if there is no connection with the conduct of hostilities, then mass destruction of flora is subject to qualification as ecocide under Article 441 of the Criminal Code, and if there is no mass destruction of such objects, then these acts may be qualified under Article 245 or Article 246 of the Criminal Code, but also only in cases where there is no connection with the conduct of hostilities. And if an individual or a group of russian military destroy or damage a plant life object, but this does not cause widespread, long-term and serious damage, but there is a contextual connection with the conduct of hostilities, such acts should also be qualified, depending on the subject and/or method of impact on plant life objects, under Article 245 of the CC or Article 246 of the CC. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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