“Illegal turnover of timber and timber products – criminal and legal characteristics

Antoshchenko Alexey V.

The article analyzes modern criminal legislation from the point of view of the sufficiency of regulation of public relations in the field of the timber industry. Namely, the concept of "illegal trafficking of timber and timber products", its elements that make up the criminogenic characteristic of this phenomenon, is considered. According to the author, until 2014, the criminal legislation of the Russian Federation did not clearly define the actions that fall under the criminally punishable act, which constitute the essence of "illegal trafficking in forests and forest products". Until the specified period of time, criminal liability was provided only for illegal logging of forest plantations. Although the process of "illegal turnover of timber and timber products" includes other actions, responsibility for which should be provided for by the Criminal Code, this is the acquisition, transportation, storage and processing of illegally harvested timber and timber. It is for this purpose that the legislator introduced Article 191.1 into the Criminal Code of the Russian Federation, which provides for liability for the acquisition, storage, transportation, processing for sale or sale of knowingly illegally harvested wood. It was with the introduction of this article that the concept of "illegal trafficking in forests and forest products" was finally formed. The legislator took the path of tightening and criminalizing acts related to violations of the rules of logging, forest management, accounting and sale of wood. Which has a positive effect on the quality of legal regulation of relations in the timber industry. In particular, the expansion of the range of actions falling under criminal responsibility related to offenses in the area under consideration. The legislator provided for responsibility for all stages of illegal trafficking of timber and forest products, which excluded the possibility of using gaps in legislation in order to evade responsibility.

Keywords:criminal liability, crime, timber industry, illegal turnover of timber and forest products.