The article is devoted to the issues of criminal responsibility for atypical forms of offence against environment under the legislation of foreign countries. The urgency of the topic of the publication is predetermined by the fact that today one of the priorities of the Ukrainian state is to ensure and guarantee environmentally friendly living conditions for citizens and society, as well as preserve and restore natural resources as important elements of the environment.

It is determined that the atypical encroachment is to reflect in the legislation of a particular country certain, special and specific properties of an illegal act and the damage caused by it, resulting in disruption of public relations, damage to property and goods associated with the circulation, use, restoration of water resources only in some countries.

The peculiarities of atypical forms of encroachment on the environment under the legislation of foreign countries are presented and the ways of their implementation in the legislation of Ukraine on criminal responsibility are suggested.

The results of studying the legal requirements of the European Union, which establish criminal responsibility for offences against environment, give grounds to conclude that they are somewhat similar, primarily due to the global processes of unification and harmonization of national criminal justice systems. To this end, it is necessary to ratify the Convention on the Protection of the Environment by means of criminal law dated 04.11.1998 and to bring the national legislation in line with its provisions.

Based on the analysis of criminal legislation of Ukraine and foreign countries, it is concluded that in democratic societies with a perfect system of legislation and mechanisms of responsibility for criminal offenses against environment, a legislator

is responsible for protecting natural resources as the elements of the environment. This approach makes it possible to protect the environment from illegal encroachments, as well as to prevent illegal actions of individuals.

Key words: criminal responsibility, environment, atypical forms of encroachment, natural environment, natural resources, European Union.

References

1. Volynets, R. A. (2018), “Criminal responsibility for some atypical forms of encroachment on the stockmarket under foreign law”, Bulletin of Criminal Proceedings, No. 1, pp. 90–97.
2. Republic of Croatia (2011), The Criminal Code of the Republic of Croatia, available at: http://www.legislationline.org/documents/section/ criminal-codes (accessed 11 October 2021).
3. Estonia (2001), Penal Code of Estonia, available at: http://www.legislationline.org/documents/section/criminal-codes (accessed 11 October 2021).
4. Berdnik, I. V. (2019), Criminal and legal protection of water resources: theoretical and applied principles, PH “Dakor”, Kyiv.
5. Federal Republic of Germany (1871), Strafgesetzbuch, available at: https://www.gesetze-im-internet.de/stgb/ (accessed 11 October 2021).
6. 6. Spain (1995), Ley Orgánica del Código Penal, available at: https://www.boe.es/buscar/pdf/1995/BOE-A-1995-25444-consolidado.pdf (accessed 11 October 2021).
7. Denmark (2005), Сriminal Code of Denmark, available at: https://www.legislationline.org/download/id/6372/file/Denmark_Criminal_Code_am2005_en.pdf (accessed 11 October 2021).
8. 8. Republic of Austria (1974), Сriminal Code of the Republic of Austria, available at: https://www.legislationline.org/download/id/8548/file/ Austria_CC_1974_am122019_de.pdf (accessed 11 October 2021).
9. Ukraine (2001), Criminal Code of Ukraine: Law of Ukraine, Verkhovna Rada of Ukraine, Kyiv.