DOCTRINAL APPROACHES TO THE SYSTEMATIZATION OF CRIMINAL OFFENSES IN THE FIELD OF RADIOECOLOGICAL SAFETY

Abstract

The article describes and clarifies the essence and system of criminal offenses in the field of radioecological safety under criminal law. The author argues
that this system is not merely a summative set of elements but an integrated
system, with its functioning intended to ensure a generalized socially beneficial
result - radioecological safety - by means of criminal law. The common nature of
the target of the offense, particularly, social relations in the field of radioecological
safety, which should be understood as the situation wherein the environment and
humans are protected while utilizing nuclear facilities and handling radioactive
materials, and nuclear damage and possible negative radiation impact is prevented,
and also a number of shared features and characteristics give the ground to
categorize these offenses into a relatively independent group necessitating their
systematization with a view to further improvement of the relevant criminal law
provisions and regulations. After the relevant elemental and structural analysis, the
article outlines the range of criminal offenses in the field of radioecological safety
and classifies them on the basis of objective signs (such as special features of the
offence target, manner of committing the offence) and subjective signs
(perpetrator, mental elements of the offence).