Criminal-legal characteristic of encroachment on illegal catch of water biological resources

In the article the author makes an attempt to study the effectiveness of criminal-legal protection of ecological public relations in using water biological resources based on criteria of effectiveness of particular criminal-legal norms generally accepted in the science of criminal law as well as on the basis of the characteristics of the currently available corresponding elements of criminal offenses in the system of the Special Part of the Russian criminal legislation. As a result of the conducted study, it was established that the corpus delicti under investigation, taking into account the peculiarities of the legal and technical design of criminal law norms, do not meet the criteria for the effectiveness of the criminal-legal protection of public relations in the sphere of ecology. On the basis of this fact the author's vision in terms of the legislative presentation of individual elements of the crimes considered in the article is proposed. So, in particular, proposals are formulated related to the subject of the crime provided for by Art. 256 of the Criminal Code of the Russian Federation; a clearer and more subject definition of the disposition of Art. 257 of the Criminal Code of the Russian Federation as well as the type and extent of punishments provided for by the legislator for committing a crime, regulated by Art. 257 of the Criminal Code of the Russian Federation, which nowadays do not ensure the effectiveness of the criminal law policy of the state in terms of criminal law protection of environmental public relations. At the same time, the special emphasis is made on the specifics of the qualification of a criminal act provided for by Art. 258.1 of the Criminal Code of the Russian Federation, in case when the perpetrator's actions simultaneously fall under the signs of Part 1 of Article, and can also be attributed to criminal acts qualified as the theft of other people's property.