On the issue of the concept of a source of increased danger in the destruction or damage of forest and other plantings in the criminal legislation of foreign states

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Introduction: The article deals with some issues of criminal law assessment of destruction and damage to forest stands committed as a result of exposure to a source of increased danger in the criminal legislation of other States. The features of determining the characteristics of the investigated method of committing a crime in the criminal legislation of foreign countries are studied. Special attention is paid to the criminal legislation of foreign States-former republics of the USSR. Materials and Methods: the normative basis of the research constitute the Constitution of the Russian Federation, the criminal legislation of Russia, Analyzed the criminal legislation of the Azerbaijan Republic, the Argentine Republic, the Republic of Armenia, Republic of Belarus, Republic of Bulgaria, the Federal Republic of Germany, the Republic of Kazakhstan, people’s Republic of China, the Kingdom of Spain, the Republic of Turkmenistan, the Turkish Republic of Uzbekistan, the Swiss Confederation, the Republic of Estonia. The empirical base of the research was the data obtained in the process of analyzing and summarizing statistical data on the state of protection and reproduction of forest resources, materials of international normative acts on the protection of forest resources, as well as the criminal legislation of Russia and foreign countries. The methodological basis of the research was the general dialectical method of scientific knowledge, which has a universal character, as well as methods of logical deduction, induction, cognitive methods and techniques of observation, comparison, analysis, generalization and description. Results of the Study: The study allowed for considering the learning experience of the criminal law of other States to clarify certain provisions pertaining to signs of destruction and damage of forest and other plantations committed in the result of exposure to a source of increased danger, to disclose the content and practical value of determining the characteristics of the source of danger with committing destruction and damage of forest and other plantations. Findings and Conclusions: the features of the signs of destruction and damage of forest stands committed as a result of the impact of the source of danger, allowed us to conclude that the criminal experience of the criminal legislation of foreign countries can be used for improving the criminal legislation of the Russian Federation and the improvement of practice of application of article 261 of the Criminal Code, in determining the signs of destruction and damage of forest and other plantations in the impact of source of increased danger

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Ecological crimes, forest stands, destruction and damage of forest stands, generally dangerous method, source of increased danger

Короткий адрес: https://sciup.org/143173244

IDR: 143173244   |   DOI: 10.24411/2312-3184-2020-10059

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