Ecological, Economic, and Criminological Prerequisites for the Criminalization of Illegal Amber Extraction and Trade (Article 240-1 of the Criminal Code of Ukraine)

Abstract

This article analyzes the main environmental, economic, and criminological factors that led to the establishment of criminal liability for the extraction and trade of amber in violation of current legislation. It confirms the appropriateness of criminalizing conduct related to the extraction and trade of amber in violation of current legislation.
The continued retention of criminal liability (along with improvements to the substance of the criminal prohibition) is based on: 1) the environmental component – the negative environmental consequences of uncontrolled amber mining include reduced soil fertility, water pollution, destruction of forest and protected areas, depletion of natural resources, and a decline in wildlife; 2) the economic factor – the anticipated release of a significant portion of the population following the lifting of martial law and their return to civilian life in the regions that constitute the «geography» of the amber mining industry. Due to the lack of economic opportunities and legal sources of income in the region (one of the main factors that led to involvement in illegal activities in the past), it is likely that illegal practices already familiar to the local population will resurface. In addition, one should take into account seasonal fluctuations in the supply and demand for amber, as well as its «national» characteristics (high quality, reasonable depth of occurrence, and the level of extraction costs, etc.); 3) the legal component – a stable (despite the war) level of recorded criminal offenses under Article 240-1 of the Criminal Code of Ukraine, their proportion within the structure of environmental crime, the hidden nature of such offenses, the «cost» involved, and the lack of an effective response from criminal justice authorities.