Criminal Legal Protection of Aquatic Biological Resources

Abstract

The author considers the criminal characteristic of illegal production (fishing) of aquatic biological resource committed with considerable damage (Art. 256 "a", Part 1 of the Criminal Code of the Russian Federation). In particular, the article studies the problem of the legislation gap of clear criteria which consider the damage caused by the illegal production of aquatic biological resources as considerable. On the basis of the analysis of the legislation, theory, and practice, they have made an attempt to find ways to solve the problems identified. The author critically regards the proposals of the researchers who suggest specifying the definition of considerable damage (in relation to the article in question) in a footnote to Art 256 of the Criminal Code by determining the minimum amount of its monetary equivalent (5 000, 10 000, 30 000, 100 000, 250 000, etc.), calculated on the basis of taxes approved by the Government. It was concluded that, when assessing the damage to aquatic biological resources, it is important to use the criteria in their quantitative terms and to take into account the environmental situation across the region. It is proposed to supplement Art. 256 of the Criminal Code of the Russian Federation with a note that the considerable damage caused to aquatic biological resources, for the purposes of this article, shall be approved by the Russian Federation Government. In the drafted for the purposes of Art. 256 of the Criminal Code of the Russian Federation Government Decree, the amount of damage must be established separately for each river basin, taking into account the environmental conditions in different regions; moreover, it should be reviewed periodically In order to differentiate sentences into the number of qualified elements of a crime under Art 256 of the Criminal Code, it is necessary to single out an act causing especially considerable damage