THE OBJECT OF THE CRIMINAL OFFENSE UNDER ARTICLE 441 OF THE CRIMINAL CODE OF UKRAINE

Abstract

The article examines the object of the criminal offense under Article 441 of the Criminal Code of Ukraine. The author analyzes the theoretical approaches developed in criminal law doctrine regarding the concept of the object of a criminal offense and substantiates the necessity of determining the object of ecocide through the generally accepted vertical and horizontal classifications of criminal offense objects. It is emphasized that the general object of a criminal offense is the entire aggregate of social relations protected by criminal law. Particular attention is paid to defining the generic object of ecocide, taking into account the placement of Article 441 of the Criminal Code of Ukraine within Section XX of the Special Part of the Code, titled “Criminal Offenses Against Peace, the Security of Humanity, and the International Legal Order”. The article analyzes the existing scientific approaches to defining the generic object of criminal offenses provided for in this chapter. The author substantiates that the legislative systematization of the relevant criminal law provisions indicates the existence of a common complex of social relations ensuring peace, the security of mankind, and international legal order. Accordingly, it is concluded that these social relations constitute the generic object of ecocide. Special attention is devoted to the analysis of doctrinal approaches to determining the direct object of ecocide. The article identifies and examines three principal scientific approaches: understanding the direct object as the natural environment serving as the basis for human existence; as social relations in the field of ensuring the environmental security of mankind; and as the environmental security of mankind itself. It is argued that these approaches are complementary rather than contradictory, as they reflect different aspects of the same object of criminal law protection. Based on a comprehensive analysis of criminal law doctrine, the author concludes that the direct object of ecocide should be defined as social relations in the field of ensuring the environmental security of mankind, understood as a state of protection of the environment and the vital interests of humanity from large-scale, long-term, or irreversible adverse consequences. The article also substantiates that, within the horizontal classification of criminal offense objects, the primary direct object of ecocide is the environmental security of mankind, whereas human life and health constitute its additional optional object. This approach reflects the social nature of the offense and corresponds to the legal construction of Article 441 of the Criminal Code of Ukraine. It is concluded that the proposed approach ensures a systemic interpretation of the object of the crime of ecocide, facilitates the correct legal classification of this criminal offense, aligns with the general theory regarding the object of a criminal offense, and takes into account the international legal nature of ecocide as a crime that infringes upon the environmental security of humanity