Criminology significant signs of criminal offenses related to the illegal use of minerals

Анотація

This scientific article is aimed at clarifying the criminologically significant signs of criminal offenses related to the illegal use of minerals (Articles 240, 240¹ of the Criminal Code of Ukraine). It is noted that the complex geopolitical and economic situation, the imperfection of legislation and other factors lead to an increase in the number of cases of illegal amber mining in Ukraine. This indicates that the specified problem needs to be solved in a theoretical and practical aspect. It was concluded that the criminological characteristics of criminal offenses related to the illegal use of minerals should be considered as an information model that displays typical features, that is, those inherent in such an array of criminal offenses, and specific ones that allow them to be separated from other groups illegal acts. Among the main characteristics of criminal offenses related to the illegal use of minerals, the following criminologically significant signs of a criminal offense are singled out: data on preparation for the commission and concealment of a criminal offense; typical techniques; time, place and circumstances of the commission; the subject of criminal encroachment; tools, means, data about the identity of the criminal, the motive and purpose of committing the criminal offense; typical traces of a criminal offence. All methods of illegal mineral extraction are divided into two groups: open method; underground way. The most common method of spontaneous extraction is hydromechanical. The subject of criminal offenses related to the illegal use of minerals can be the subsoil and minerals of national significance (except for common ones). The place of illegal extraction of minerals depends on their location, and the situation is often determined by weather conditions, the specifics of the activity of controlling bodies, and the organization of the work of individual services. The main sources and carriers of traces of committed criminal offenses are people and things. Special devices have been identified as tools for illegal amber mining. The subjects of such illegal actions can be persons both related and unrelated by nature of their professional occupations to amber mining. The usually group method of committing criminal offenses is indicated.