Features of qualification of destruction or damage of forest plantations (art. 261 of the Russian Criminal Code)

Introduction: the problem of criminal law counteraction to the destruction or damage of forest plantations, committed through arson or careless handling of fire, is relevant for domestic criminal law. This is due to an increase in the number of fires, most of which are man-made, a decrease in the number of criminal cases initiated and the number of persons prosecuted, which, according to the authors, is due to a number of difficulties in the legal assessment of criminal acts, as well as the lack of a proper methodology for qualifying a crime under Art. 261 of the Criminal Code of the Russian Federation. In the article, based on the analysis of the current legislation, materials of judicial and investigative practice, the doctrine of criminal law, the features of the signs of a crime under Art. 261 of the Criminal Code of the Russian Federation, specific recommendations are given on legal assessment. Materials and methods: the basis of the study was the legislation of the Russian Federation, scientific research in the field of criminal law protection of forests from fires. The methodological basis of the study was the general dialectical method of scientific knowledge, as well as methods of logical deduction, cognitive methods and techniques of analysis, comparison, generalization and description. The results of the study made it possible to identify the main problems of qualifying a crime under Art. 261 of the Criminal Code of the Russian Federation, to formulate specific proposals for overcoming. Findings and conclusions: specific proposals have been formulated on the legal assessment of a socially dangerous act, socially dangerous consequences of the destruction or damage of forest plantations, which can significantly improve the quality of criminal law protection of forests and increase the efficiency of law enforcement agencies in this area.