THE SIGNIFICANCE OF DAMAGE – A CRIMINAL ACT AS PART OF THE ILLEGAL LOGGING OF TREES AND SHRUBS

Abstract

The paper deals with the criminal act provided for in Article 303 of the Criminal Code of Georgia for unlawful felling of trees and bushes, the amount of damage caused to the environment, the procedure for its calculation and the significance of the damage. It will be discussed what constitutes and how the essential component of the disposition of the Article – substantial damage is calculated. Where is the line drawn between criminal and administrative responsibility? What kind of damage can be caused by the illegal cutting of trees and shrubs, and what are their implications for investigations, prosecutions, and courts? The paper is novel since other scientific works do not identify the subject of our study, and there are few studies of damage in textbooks or comments to the private part of the Criminal Code. The damage caused to the environment differs from the damage imposed for crimes with other material components provided by the criminal law code; its amount decides the basis of administrative or criminal law in a specific case. Therefore, the scientific study of the issue has practical significance. The scientific paper aims to clarify the essential component for the composition of Article 303 of the Civil Code – the study of the issue of compensation for damage and to create a correct understanding of the problematic issues raised around it.

Keywords

• environment
• damage
• illegal logging
• trees
• and shrubs