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Operation "Putin - 2014" in Sakhalin Oblast Identified Gaps in Criminal Procedural Legislation
From June 10 to October 15, on the territory of the Sakhalin region, the forces of the Sakhalin police, in cooperation with state bodies involved in the protection and reproduction of aquatic biological resources, carried out a set of operational and preventive measures "Putin-2014", the press service of the Ministry of Internal Affairs of the Sakhalin region reports.
During the period of the operation, 512 crimes were detected in the area of illegal FBR trafficking, 458 of which were crimes provided for by Article 256 of the Criminal Code of the Russian Federation (poaching). 43 crimes related to illegal extraction of especially valuable species were revealed (Article 258.1).
Thanks to the work carried out by the Sakhalin police, a number of facts of the production of banned aquatic biological resources on an industrial scale were suppressed.
"It should be noted that, unlike the past, we managed to prevent the facts of mass poaching and the cutting of fish entering the spawning grounds. Such acts were thwarted, "says Oleg Dolgiy, head of the Russian Ministry of Internal Affairs in the Sakhalin Oblast. However, in his opinion, the poachers will not soon be able to dodge poaching. After all, it is not enough to prevent a crime, it is necessary to take further measures.
According to Oleg Dolgogo, to date, there are a number of problems related to the establishment of guilt and a corresponding penalty for the illegal production and sale of prohibited to catch resources. Due to the lack of legislative regulation, in practice negative consequences often appear that affect the quality of the inquiry and compliance with the deadlines for investigating criminal cases in the sphere of illegal circulation of water and biological resources.
The point is that in order to establish poaching within an organized criminal group and the illegally obtained fish products associated with subsequent legalization, it is necessary to conduct a whole range of operational and search activities. But the point of view of the current legislation, this form of work is permissible only for serious and particularly serious criminal cases.
Another problem is that the amount of minimum damage is also not regulated - and this is often the main argument for deciding whether to initiate criminal proceedings.
According to the head of the Sakhalin police, today there are serious grounds for introducing a number of changes into the criminal procedure legislation, which would unite the stages of pre-investigation check, inquiry and investigation.