Violation of veterinary rules, rules established to control plant diseases and pests, as well as rules for the protection of aquatic biological resources: questions of determining the subject of encroachment

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The article analyzes the most common positions in the literature regarding the subject of the crime, namely violations of veterinary rules, rules established for the control of diseases and pests of plants, as well as rules for the protection of water biological resources under article 249 of the criminal code of the Russian Federation. The study author suggested that there is insufficient basis for the allocation of the object specified crime, based on the legislative description of the offence involving a criminal from liability for violation of veterinary rules, the rules established for struggle against illnesses and wreckers of plants, and also rules of protection of water biological resources, article 249 of the criminal code. This scientific research led to the conclusion that the rules established for the control of plant diseases and pests are simultaneously aimed at protecting plant products, as well as forest resources. Taking into account the above, when considering the authors ‘ positions on the presence of the subject of the crime in the form of various plants in the composition provided for in part 2 of article 249 of the criminal code of the Russian Federation, it can also not be considered justified. An important point is to consider the issue of determining the subject of a crime that provides for criminal liability for violating the rules for the protection of aquatic biological resources, article 257 of the criminal code of the Russian Federation , taking into account the points of view prevailing in the literature, which generally define it equally and recognize it as aquatic biological resources.

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Environmental crimes, veterinary rules, subject of crime, diseases, plant pests, aquatic biological resources, environment, negative impact, wood, forest resources

Короткий адрес: https://sciup.org/142225011

IDR: 142225011   |   DOI: 10.17513/vaael.1353

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