Ecocide: problems of definition and qualification

The scientific publication examines modern approaches to the definition of the ecocide concept, problematic issues of qualification and determination of certain features of this crime. Statistical data for 2012 – April 2025 on the number of crimes registered in Ukraine under Article 441 of the Criminal Code of Ukraine (ecocide), indicates the dynamics of their registration during this period, including after the full-scale invasion of the Russian Federation on the territory of Ukraine, and discloses the characteristics of registered ecocides in Ukraine. The state and results of their pre-trial investigation are noted. In the course of the study, some of the reasons that are an obstacle to the proper and uniform enforcement of this article of the Criminal Code are described, including the imperfection of legislation and the similarity of the objective side of this crime to the objective side of other criminal offenses against the environment. It is argued that for ecocide, guilt in the form of intent is a mandatory subjective feature, and the purpose and motive are optional. The subjective side of ecocide in relation to the act must be characterized by direct intent, and in relation to the consequences – by direct or indirect intent. The article also characterizes the obligatory signs of the objective side of ecocide. In particular, it is substantiated that ecocide can be committed both by active action and inaction, the corpus delict of this crime is formal and material, for the qualification of ecocide it is not necessary that negative consequences have already occurred. Taking into account the current version of Article 441 of the Criminal Code, it is substantiated that ecocide is a completed crime from the moment of mass destruction of flora or fauna or poisoning of the atmosphere or water resources, which caused or with a high probability may cause an environmental disaster (material composition), or the commission of other acts that are highly likely to cause an environmental disaster (formal composition). It is substantiated that extensive (large-scale) and long-term (long-term) environmental damage is already a serious damage to the environment, and therefore it is not necessary to establish an additional threshold (standard) in the form of «serious» damage to define an act as an ecocide. The proposed definition of ecocide is an intentional act committed with the awareness that there is a significant probability of causing long-term and large-scale damage to the environment, which has led or is highly likely to lead to such damage.