Penalties for violation of environmental rules in the Statutes of the Grand principality of Lithuania 1588
Journal Title: Наукові записки Інституту законодавства Верховної Ради України - Year 2019, Vol 1, Issue 5
Abstract
Environmental protection is one of the most important issues in society and is one of the main functions of the modern state. Today, a situation has arisen due to the fact that humanity has reached the point where nature cannot cope with the negative results of anthropogenic influence on its own. Therefore, solving this problem requires state intervention through the use of administrative influence methods. The purpose of the article is to review the penalties provided for in the Statute of the Grand Duchy of Lithuania in 1588 and to compare them with the current legislation of Ukraine. The scientific novelty is due to the need to consider the historical experience that has been accumulated over the past stages of state development and the law in the area of bringing perpetrators to administrative responsibility. Domestic and foreign legal science has accumulated considerable material on the study of the GDL Statutes, but the full picture on the application of penalties in the field of nature protection has not been created, so this issue needs further consideration. Conclusions. Economic, political, social and environmental factors were the reason for the inclusion in the Charter of the GDL of nature protection norms. Thus, political factors have influenced the need to secure the feudal top right of exclusive rights to the use of natural resources; economic factors associated with the transition from a subsistence economic system to a commodity monetary system; social factors due to the need to take into account the interests of the peasantry, which was reflected in the possibility of free collection of dry trees, mowing, placement of beehives, use of side trees in the Grand Duke forests; environmental - related to the reduction of forest areas, the number of flora and fauna. The Charter of the Grand Duchy of Lithuania of 1588 protected only the most valuable species of animals, birds and trees, and for their destruction penalties of 0.5 kopecks were imposed. money up to 12 rubles money. Comparative analysis of penalties for offenses in the field of nature conservation in accordance with the Charter of the Grand Duchy of Lithuania 1588 and the current legislation of Ukraine shows that their current size is much higher than those enshrined in the ancient monument of law.
Authors and Affiliations
T. I. Sukhorebra
Keywords
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- EP ID EP659076
- DOI 10.32886/instzak.2019.05.02
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