With the work "Criminal and legal protection of industrial resources of the Russian Federation" Alexander took the winner's diploma in the "Defense and Security" section and the gold medal "Deputy Reserve"
The winner spoke about his work:
The damage from illegal mining of industrial resources amounts to tens and hundreds of millions of rubles. However, it is obvious that environmental damage cannot be fully estimated in monetary terms.
So, in the Kirov region, the OPI includes sand, sand and gravel mixture, clay, peat and other resources.
The consequences of illegal mining of OPI lead to negative changes in the environment, taxes not being added to the budgetary system of the Russian Federation, unfair competition between economic entities.
Actions on illegal mining of OPI are qualified ambiguously. The analysis of judicial practice showed that the qualification is carried out under Art. 158 of the Criminal Code of the Russian Federation (theft), 171 of the Criminal Code of the Russian Federation (illegal business), 246 of the Criminal Code of the Russian Federation (violation of environmental protection rules during the production of work), 255 of the Criminal Code of the Russian Federation (violation of the rules for the protection and use of subsoil).
Such inconsistency of similar actions is caused by the specificity of the two-object nature of the encroachment, since resources, in the legislation of the Russian Federation, are protected on the one hand as a component of the environment, on the other - the property of the state.
At the same time, with a detailed analysis of the above compositions, none of them fully covers the actions of persons engaged in illegal extraction of OPI.
Among other things, the work analyzes the legislation on the subsoil use of Ukraine and Kazakhstan, including in terms of criminal law protection.
It should be noted that some of the resources in Russia, Kazakhstan and Ukraine are similar. Additionally, in Kazakhstan criminal liability is provided for the unauthorized extraction of OPI, and in Ukraine a draft law is being considered on the introduction of such.
In our opinion, illegal mining of OPI, first of all, should be considered as an encroachment on the object of ecology. In this connection, we come to the conclusion that it is necessary to supplement Chapter 26 of the Criminal Code of the Russian Federation (environmental crimes) with Article 255.1 of the Criminal Code of the Russian Federation "Illegal mining of industrial resources".
Alexander expresses gratitude to Vyatka State University for financial support, separately - to the Deputy Director of the Law Institute Nastasya Nikolaevna Chetverikova, the Ministry of Environmental Protection of the Kirov region represented by Ruslan Zelimkhanovich Isupov and Roman Vladimirovich Kryukov and scientific advisor Ilya Nikolaevich Mosechkin.
Translated by Artemij Sizov
Read in Russian
