The issues of defining the attribute substantial damage during criminal water pollution qualification

The article is devoted to the topical issue of correct qualification of water pollution, while performing which the main difficulty is define such an evaluating attribute as substantial damage. On the basis of the analysis of investigation and trial practice the author concludes that the definition of the given term, vested in the p.5 of the Plenum's of the Supreme Court of the RF decree, issued on 05.11.1998, №14 on the practice of administration of legislation on the responsibility for ecological offences, is inaccurate. The author offers his definition of the given term, allowing to solve the revealed problems of its enforcement and to improve the efficiency of criminal protection of waters.