Сибирское юридическое обозрение (Jun 2024)
The Criminalization of Activities Related To the Extraction and Trafficking of Particularly Valuable Plants and Fungi that Are Listed in the Red Book of the Russian Federation and/or Protected By International Treaties to Which the Russian Federation Is a Party
Abstract
The paper addresses the complexities surrounding the establishment of criminal liability for actions concerning the destruction, illegal extraction, and trafficking of particularly valuable, rare, and protected flora specimens. Official statistics data regarding the frequency of criminal acts committed in the realm of natural resource management and environmental protection are provided, offering a clear depiction of the state of legal protection and conservation efforts concerning flora specimens. To substantiate the rationale behind criminalizing acts pertaining to the destruction, illicit trafficking, and extraction of rare plant and fungi species, the author furnishes specific examples showcasing legislative violations in the realm of flora protection. An analysis of current criminal law, particularly Chapter 26 “Environmental Crimes”, is conducted to evaluate the efficacy of existing measures in safeguarding particularly valuable and rare flora specimens. Upon analyzing judicial statistics data, it has been determined that the current provisions of criminal law concerning the protection of flora specimens (Article 259 of the Criminal Code of the Russian Federation) are ineffective and largely unenforced. To enhance the effectiveness of protecting particularly valuable flora specimens, it is imperative to implement new legal mechanisms aimed at preserving and sustaining Russia's unique biological diversity. The article provides a description of the offense, for which liability is stipulated in Article 260.1 of the Criminal Code of the Russian Federation: “Intentional destruction or damage, as well as illegal extraction, collection, and trafficking of particularly valuable plants and fungi species belonging to those listed in the Red Book of the Russian Federation and/or protected by international treaties of the Russian Federation”. It is especially noted that with the enactment of Article 260.1 of the Criminal Code of the Russian Federation, the legislator has adopted a unified approach to the criminal law protection and preservation of both wildlife and plant species listed in the Red Book of the Russian Federation and/ or protected by international treaties of the Russian Federation. The elements of criminal offenses (as well as sanctions for them), the responsibility for which is established by Article 260.1 of the Criminal Code of the Russian Federation, are constructed by analogy with Article 258.1 of the Criminal Code of the Russian Federation. The conclusion is made about the expediency and necessity of criminalization in domestic legislation of acts related to the extraction and trafficking of especially valuable plants and fungi listed in the Red Book of the Russian Federation. The author makes proposals to improve criminal legislation in the field of establishing liability provided for in Article 260.1 of the Criminal Code of the Russian Federation.
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