ON THE QUESTION OF THE CRIMINAL LEGAL ASSESSMENT OF ILLEGAL TRAFFIC OF WINDBREAKED WOOD PERFORMED BY AN OFFICIAL

ON THE QUESTION OF THE CRIMINAL LEGAL ASSESSMENT OF ILLEGAL TRAFFIC OF WINDBREAKED WOOD PERFORMED BY AN OFFICIAL

Authors

  • Sergey YASHKOV Moscow Academy of the Investigative Committee of the Russian Federation (Yekaterinburg Branch)
  • Dmitry LEBEDEV Ural State Law University named after V.F. Yakovlev

Keywords:

forest plantations, forest, illegal logging, qualification, crime, appropriation, embezzlement, official authority, abuse, excess

Abstract

In the article, on the basis of judicial practice, the authors show that the criminal-legal assessment of the illegal turnover of windfall (windbreak) timber committed by a special subject - an official of Rosleskhoz - depends on whether the property of the forestry is entrusted to him or not. Depending on this, his actions can be assessed either as a qualified type of appropriation or embezzlement (part 3 of article 160 of the Criminal Code of the Russian Federation), or as abuse of office (Article 286 of the Criminal Code of the Russian Federation). Also in the article, using the example of judicial practice and in accordance with the explanations of the country's highest judicial instance, an attempt is made to explain why the actions of the forester under investigation should not be qualified as abuse of official powers (Article 285 of the Criminal Code of the Russian Federation).

Author Biographies

Sergey YASHKOV, Moscow Academy of the Investigative Committee of the Russian Federation (Yekaterinburg Branch)

PhD in Law, Associate Professor, Associate Professor of the Department of Criminal Law, Criminology and Criminal Procedure

Dmitry LEBEDEV, Ural State Law University named after V.F. Yakovlev

Candidate of Philosophical Sciences, Associate Professor, Associate Professor of the Department of Social and Humanitarian Disciplines

Published

2023-10-12

Issue

Section

Актуальные вопросы науки и правоприменительной практики
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