Criminal liability for smuggling of specially protected wild animals and plants: qualification and legislative regulation

The article examines some of the problems of criminal liability for smuggling in relation to specially protected species of wild animals and plants; analyzes the issues of qualification of crimes in this area and their legislative regulation. The lack of consistency and differentiation of responsibility for such crimes at the legislative level entails disagreements in theory and problems of qualification in practice. It is noted that in order to properly qualify acts, it is necessary to introduce a special criminal law norm on liability for smuggling in relation to specially protected species of animal and plant life. The author analyzes the issues of criminalization of criminal encroachments in relation to the considered species of animals and plants, some controversial points in the qualification of such acts. The main points of qualification of crimes in relation to especially valuable wild animals and animals included in the Red Book of the Russian Federation, according to Articles 226.1 and 258.1 of the Criminal Code of the Russian Federation are considered. Based on the results of the material presented, the author obtained new reasoned conclusions on the improvement of criminal legislation and law enforcement practice.