THEORETICAL AND METHODOLOGICAL BASIS OF THE RESEARCH OF THE CRIMINAL OFFENSE PREDICTED ART. 236 OF THE CRIMINAL CODE OF UKRAINE

Abstract

Problems, related to the theoretical and methodological foundations of the study of criminal liability for violations of environmental safety rules are important both for the theory of criminal law and for the law enforcement activities. This is due to the fact that when starting to work out the issue of criminal liability for violating the rules of environmental safety, first of all it should be determined that the theoretical and methodological foundations of this research are the initial principles on which our declared research is based. In this article, the need for theoretical and methodological foundations of the study is determined by the fact that they are a real basis, which forms the foundation which it is impossible to study the criminal-legal characteristics of the act of violating the rules of environmental safety under Article 236 of the Criminal Code of Ukraine – (afterwards art. 236 of the CC). The author draws attention to the issue that in this context it is necessary to focus on the fact that the theoretical and methodological foundations of the study must necessarily reflect the list of requirements that will accompany the study from its beginning to its completion, as well as make a forecast for the future. In addition, this article refers to publications that, to a particular degree and in a certain way analysed this research problem and to the level of its solution. The work draws attention to unresolved issues regarding criminal liability for violation of environmental safety rules under art. 236 of the CC. This article deals with the general principles of research and what is related to them. The structure of the scientific work is formulated here, which has a clear sequence of this study. The author of the article also examines the methodological basis on which scientific research should be conducted on the topic of criminal-legal characteristics of the criminal offense provided for in art. 236 of the CC. The purpose of the article is to clarify the theoretical and methodological basis of the study of criminal responsibility for violating the rules of environmental safety under art. 236 of the CC. The scientific novelty of the work is based on the fact that the author offers her own approaches to the theoretical and methodological foundations of the study of the criminal offense provided for in art. 236 of the CC. These new approaches reflect: the level of the problem reception; further prospects and directions of conducting scientific research on the chosen topic, proving the need for their study; the definition and substantiation of general scientific and special scientific methods, the use of which, in fact, will ensure the achievement of the set goal and objectives of the research.