Author: Ина

Oliynik V.  Essential Elements of a Crime of Marine Pollution (part 2 article 243 of the Criminal Code of Ukraine) and Actus Reus of a Crime, Set in the Part 3 of this Article  

In this article essential elements of a crime of marine pollution, set in part 2, article 243 of the Criminal Code of Ukraine and actus reus of a crime, set in the part 3, article 243 of this Code, are researched. The author analyzes existing points of view on the matter, critically reviews them, suggests his own results on the matter, and proves significant importance of the mentioned elements for criminal law theory and law enforcement practice. 
The author stresses, that crimes differ with the level of their social danger that is fixed by legislator. The author registers main and additional formal elements of a crime. It is stressed, that in a crime, set under the article 243 of the Criminal Code of Ukraine, main formal elements, that provide general punishableness of a socially dangerous deed, are fixed in part 1 of this article in form of  marine pollution. Meanwhile additional formal elements of a crime are divided into aggravated and privileged.  It is stated, that formal elements of a crime, set under the part 2, article 243 of the Criminal Code of Ukraine, according to the level of their social danger are aggravated. The author notes, that most authors, that provide legal researches in this field, go beyond the frames of a crime, set under the part 2, article 243 of the Criminal Code of Ukraineб by researching heavy consequences (part 5, article 67 of the Criminal Code of Ukraine), meanwhile actus reus of this crime already includes certain heavy consequences, named in the part 2, article 243 of the Criminal Code of Ukraine, which influences determination process.  
In order to investigate essential elements of researched crimes, the author examines the terminology, used by the legislator in the part 2, article 243 of the Criminal Code of Ukraine, which includes such expressions: the same deeds, loss of human life, mass loss of flora, mass loss of fauna, other heavy circumstances. All named expressions are fundamentally analyzed.   
Basing on the research, the author offers the following judgments. 1. Authors of existing publications incorrectly mix up probability, possibility, and menace of consequences with real ensuring of consequences. 2. Essential elements of a crime set under the part 2, article 243 of the Criminal Code of Ukraine, are: loss of human life, mass loss of flora, mass loss of fauna, other heavy circumstances (which are described in the article). 3. Necessary elements of actus reus of a crime, set under the part 3, article 243 of the Criminal Code of Ukraine, are: lack of action, locus delicti, instrumentalities, crime situation, sources of crime. 
Key words: Essential Elements; Consequences; Loss of Human Life; Human Diseases; Mass Loss of Flora; Mass Loss of Fauna; Other Heavy Consequences; Action; Lack of Action; Crime; Marine Pollution; Actus Reus