Criminal law means of forest protection (Articles 260, 261 of the Criminal Code): current issues of improvement

Abstract

The article characterizes the criminal law means of protection of forests and other vegetation provided for by Art. 260, 261 of the Criminal Code of the Russian Federation. These norms, establishing criminal liability for illegal logging, destruction or damage to forest plantations, are considered through the prism of the doctrine of legal technique and differentiation of responsibility, taking into account the existing practice of their application, in connection with which proposals for their improvement are formulated. Opinions expressed in the doctrine on the optimization of criminal legislation in terms of forest protection are subjected to separate analysis. A number of proposals are evaluated critically, in particular, the idea of introducing into the Criminal Code of the Russian Federation a new corpus delicti "Connivance of crimes in the field of protection and use of forests". The article argues that this corpus delicti would be redundant, and the corresponding actions could be qualified under Art. 285 of the Criminal Code.