Slovo of the National School of Judges of Ukraine. №4(53) 2025. P. 157-169

ISSN: 2707-6849      

UDC343:415

DOI https://doi.org/10.37566/2707-6849-2025-4(53)-14

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Roman MOVCHAN,

ProfessorofthedepartmentofConstitutional,

international and criminal law

Vasyl’ Stus Donetsk National University,

Doctor of law, Professor

ORCID ID: https://orcid.org/0000-0003-2074-8895

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Olena DUSHEVSKA,

Graduate studentof the department of Constitutional,

international and criminal law

Vasyl’ Stus Donetsk National University

ORCID ID: https://orcid.org/0009-0005-1262-5993

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Violation of the rules for the protection or use of subsoil, illegal extraction of minerals (Article 240 of the Criminal Code): separate issues of qualification

Abstract 

The article critically analyzes the practice of applying Article 240 of the Criminal Code of Ukraine, as a result of which the qualification problems existing in the relevant field were identified, and scientifically substantiated recommendations were developed for judicial and law enforcement agencies aimed at overcoming them.

In particular, it was proven that in the case when the value of illegally extracted local mineral resources is less than 30 tax-free minimum incomes of citizens, the act must be recognized as an administrative offense (Article 47 of the Code of Ukraine on Administrative Offenses). However, if this act created a danger to life, health of people or the environment, then it should be considered as a criminally unlawful violation of the established rules for the use of subsoil (Part 2 of Article 240 of the Criminal Code of Ukraine).

It is established that the subject of the analyzed crime is local and national mineral resources in their natural state. It is argued that the appropriation of such minerals by means of their illegal extraction should be qualified under the relevant part of Art. 240 without additional incrimination of articles of the Criminal Code of Ukraine on liability for criminal offenses against property. At the same time, it is noted that the conversion to one's own benefit or the benefit of other persons of natural resources extracted from the subsoil thanks to the invested labor of a person should be considered as a criminal offense not against the environment, but against property.

The provision is substantiated that violations of the established rules for the protection and use of subsoil are independent elements of a crime, provided for in different parts of the same article of the Criminal Code, and therefore, in the event of the presence of both these types of violations in the behavior of the guilty person, the act committed by him should be qualified under the totality of crimes provided for in Part 1 of Art. 240 and Part 2 of this article of the Criminal Code of Ukraine.

Keywords: criminal liability; qualification; criminal offense; totality; environment; illegal mining; minerals; subsoil; criminal offenses against property; theft.

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SuggestedCitation: Movchan, R., Dushevska, O. (2026). Violation of the rules for the protection or use of subsoil, illegal extraction of minerals (Article 240 of the Criminal Code): separate issues of qualification. Slovo of the National School of Judges of Ukraine, 4 (53), 157–169. https://doi.org/10.37566/2707-6849-2025-4(53)-13

Date of first submission of the article to the publication: 24.12.2025

Date of acceptance of the article for publication after review: 17.03.2026

Date of publication (publication): 09.04.2026