Проблемы квалификации незаконного оборота особо ценных диких животных и водных биологических ресурсов

Abstract

Relevance. The protection of endangered and endangered species of animals and aquatic biological resources is a global task of ensuring environmental safety. Despite the efforts made, every year more and more new species of animals and aquatic biological resources are included in the categories of vulnerable, endangered, endangered and disappearing. The study of judicial and investigative practice indicates the presence of legal and technical shortcomings of the norm and problems associated with its application. The purpose of the obtain new rationale for proposals aimed at overcoming the difficulties that arise when qualifying the illegal trafficking of especially valuable wild animals and aquatic biological resources using the Internet. Objectives: to identify the problems of qualification of illegal trafficking of especially valuable wild animals and aquatic biological resources, committed using the Internet, to formulate proposals for improving domestic criminal legislation and law enforcement. Methodology. The methodological base of the research is made up of general scientific and particular scientific methods of cognition of reality, such as analysis, synthesis, induction, formal-legal, abstract-logical and others. Results. In the course of the study, judicial statistics data, law enforcement practice in cases of illegal trafficking in especially valuable wild animals and aquatic biological resources were analyzed, doctrinal sources and analytical materials were studied, and interviews were conducted with specialists. Conclusions. The paper formulated and substantiated the following provisions: it is necessary to eliminate the duplicate differentiating meaning of the use of the information and telecommunication network "Internet" in the illegal circulation of especially valuable species of animals and aquatic biological resources; when determining the subject of a crime under Art. 258.1 of the Criminal Code of the Russian Federation, the genetic relevance of an individual to a particularly valuable animal should be taken into account; under Art. 258.1 of the Criminal Code of the Russian Fed-eration, appropriate actions should also be qualified in relation to especially valuable animals that were originally kept in captivity (with the exception of use for the purposes of reproduction, conservation of species, etc.).