КРИМІНАЛЬНО-ПРАВОВА ВІДПОВІДАЛЬНІСТЬ ЗА КРИМІНАЛЬНЕ МИТНЕ ПРАВОПОРУШЕННЯ, ВИЗНАЧЕНЕ СТАТТЕЮ 201-1 КРИМІНАЛЬНОГО КОДЕКСУ УКРАЇНИ

Abstract

In the article, the author notes that the crime provided for in Article 201-1 of the Criminal Code of Ukraine is new and little researched, and this creates a situation where law enforcement agencies have difficulties in applying these provisions of the law in practice, and therefore the task of researching this composition of the crime arises

The author concludes that the object of the crime provided for in Article 201-1 of the Criminal Code of Ukraine is social relations regulated by law on the preservation of Ukrainian forests, as well as social relations regulated by law on ensuring compliance with the order of movement of timber or lumber of valuable and rare species of trees, timber unprocessed, as well as other timber, prohibited for export outside the customs territory of Ukraine through the customs border of Ukraine.

The author also claims that the subject of the crime provided for in Article 201-1 of the Criminal Code of Ukraine is timber, lumber of valuable and rare tree species, unprocessed timber, other timber prohibited for export outside the customs territory of Ukraine, and the subject of the crime is a necessary element of this crime. In order to improve law enforcement practice, it is proposed to amend the legislation of Ukraine and lay out at the legislative level a comprehensive list of timber materials prohibited for export outside the customs territory of Ukraine, because in the absence of such a list, law enforcement practice faces difficulties regarding a single approach in understanding what should be considered under other timber materials prohibited for export outside the customs territory of Ukraine as the subject of this crime.

The author of the article states the position that the objective side of the crime provided for in Article 201-1 of the Criminal Code of Ukraine is the act of moving these objects across the customs border of Ukraine outside of customs control (including outside the place of customs control and not during customs control)) or with concealment from customs control (including in a hidden way), socially dangerous consequences and a causal connection between the consequences and the action.

The article concludes that the subject of the crime provided for in Article 201-1 of the Criminal Code of Ukraine is general, and it is persons aged 16 and over, and in the qualified composition of the crime provided for in part 2 of Article 201-1 of the Criminal Code A special subject of Ukraine, which is an official.

The author of the article also expresses the opinion that the objective side of this crime under Article 201-1 of the Criminal Code of Ukraine is intent, and such intent can be direct or indirect.