The Fight Against Illegal Booty (Catch) Fish

Abstract

The authors analyze the State of combating illegal production (catch) fish from the standpoint of the criminal law and judicial practices of different regions of the Russian Federation. Attention is paid to the subject of the criminal act, which differentiated into three categories. The value of for qualifications illegal production (catch) fish has information on the location of the offence, which shall be proved by establishing the place of the actual fish catch and its comparison with the actual data contained in the documents and other evidence to substantiate his special status. The establishment of the crime scene by h. 2 art. 256 of the CRIMINAL CODE shall be exercised in accordance with the rules of international law governing use of the open sea, it is part of the maritime space, outside the jurisdiction of any State and is in use by all States, and restrictions within the exclusion zones. The article drew attention to the establishment of the time of the offence. So, for favourable fish spawning time frame when all fishing is prohibited, or the time when it is forbidden to produce fish of certain species and in particular locations. Therefore, in proving the Commission of prohibited production time requires references to documents in the case file, containing information on time (year, month, day). The peculiarity of this type of crime is How to hide, so action and results (masking under Relax on water, fishing gear permitted, mushroom, etc.). Poachers posing for tourists, mushroom pickers have camp away from the reservoir and gear cloaked under a variety of household items. The authors show that another problem of illegal booty (catch) fish is to obtain information about the subject of the offence. In practice, at the initial stage of the disclosure of crime the environment itself shows signs of poaching, but data about the person (persons), which has committed a crime, no.

DOI: 10.5901/mjss.2015.v6n6p319