ON THE QUESTION OF THE CRIMINAL LEGAL ASSESSMENT OF ILLEGAL TRAFFIC OF WINDBREAKED WOOD PERFORMED BY AN OFFICIAL
Keywords:
forest plantations, forest, illegal logging, qualification, crime, appropriation, embezzlement, official authority, abuse, excessAbstract
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).