Some criminological indicators of land mismanagement

Based on official statistical sources, this article presents a long-term criminological analysis of the situation with land mismanagement in Ukraine spanning the period from 2002 to 2023. The author determines absolute, average and relative indicators, in particular, the rate and dynamics of crimes in this category. The total number of recorded crimes in the category under study (1,240 crimes), their average annual occurrence (56 crimes), and the average growth rate (22.9 %) are calculated. Employing a 5th degree polynomial function, a trend depicting the dynamics of these crimes is constructed. The chosen model aptly captures the development trend of the process with high precision (coefficient of determination R2 = 0.916) and facilitates the identification and characterization of four distinct periods, each reflecting the main trends of land mismanagement in Ukraine. A paradoxical situation is revealed by the analysis of the practical application of the criminal law provisions which have supplemented Art. 254 of the Ukrainian Criminal Code « Land Mismanagement» in accordance with Law of Ukraine No. 402-IX of December 19, 2019 « On Amendments to Certain Legislative Acts of Ukraine Regarding Improvement of Legislation on Mining of Amber and Other Minerals». Notably, no crimes were recorded under Part 2 of Article 254 of the Criminal Code of Ukraine (the primary corpus delicti). Conversely, 15 crimes were recorded under Parts 3 and 4 of Article 254 (qualifying elements of the crime). The author concludes that this correlation would be impossible in the case of objective recording of crimes, and it also underscores a noteworthy latent aspect of land mismanagement, in particular, deliberate evasion of mandatory reclamation of lands damaged in the course of pilot commercial development of amber deposits or amber mining under a special subsoil use permit, resulting in considerable damage. The conducted analysis holds an intrinsic value both for scientific research and for law enforcement, ensuring an appropriate information support base for countering land mismanagement, firstly, by providing a clear understanding of the current situation with this phenomenon. Furthermore, it lays the groundwork for the development of the relevant system of criminal preventive measures tailored to address this specific issue.