The Justification for Criminalization of “Simple” Illegal Forest Plantation Felling (Part 1, Article 260 of the Criminal Code of the Russian Federation)

Taking into account that the problem of illegal forest felling in Russia has not been solved so far, article studies justification for criminalization considerable amount provided under Part 1, Article 260 Criminal Code RF (“simple” plantations). According to law theory de facto such offence aspires complete or partial decriminalization, however, jure significantly criminalized. Referring and authors defined criminal public danger possesses 2 subsystems (object damage), “simple” got only one so-called subsystem, which is valuable object. The second subsystem (damage) absent. determined significant by analyzing judicial practice turn fails meet requirements legislation. In order prosecute somebody it enough prove pine tree 26 cm diameter 16 meters high illegally cut down. Offenders are more often prosecuted (Part 3, RF) than RF. As total number verdicts rendered based on 3 given article, they twice higher 260. Nevertheless, circumstances being introduced this as qualifying cannot go with absolute majority offences become a kind “standard norm” them. elements characterize overwhelming certain types should be acknowledged essential an offence. context assume indicator considered criminalizing element felling. “Simple” decriminalized, sanctions 1 8.28 Administrative Offences amended well: fines increased, basic alternative punishment implemented community service well supplementary form confiscation work tool target administrative