THE GENERAL PROSECUTOR OF THE RUSSIAN FEDERATION
INDICATION 09.06.2014 № 307/36
On strengthening of Prosecutor's supervision over execution of laws the prevention, detection,
the detection and investigation of crimes in the sphere of forest management
Analysis of the practice of the Prosecutor's supervision showed that law enforcement agencies take measures for the prevention, detection, disclosure and investigation of crimes in the sphere of forest management inadequate state of law, and the prosecutors of this area of supervision is not given proper attention. During carrying out of operational-investigative activity and preliminary investigation of the whole complex of actions for establishment of persons subject to attraction as accused, is not used.
In order to ensure proper organization of the prosecution of the Russian Federation on compliance with law enforcement agencies laws in the prevention, detection, disclosure and investigation of crimes in this sphere, the implementation of prosecutors, those powers, in accordance with article 17 of the Federal law "On the procuracy of the Russian Federation",
O B I S S C A U:
1. The deputies of the Prosecutor General of the Russian Federation, chiefs of head departments and managements of the Prosecutor General of the Russian Federation, prosecutors of subjects of the Russian Federation equal to them military prosecutors and prosecutors of other specialized Prosecutor's offices, prosecutors of cities and districts, other territorial prosecutors, military and other specialized Prosecutor's offices:
1.1. To ensure effective and efficient supervision of the execution of laws by law enforcement agencies in the prevention, detection, disclosure and investigation of crimes in the sphere of forest management.
1.2. Taking into consideration that these crimes are in most cases committed within the context of non-obviousness, systematically analyze the execution of the laws during operational-search activity on revealing, the prevention, suppression and disclosure of such criminal acts.
Special attention should be paid to the timeliness and validity of the establishment and termination of Affairs of the operative account; the completeness of measures taken aimed at the establishment of the confiscated property; the compliance with the rules of seizure of documents, items, materials in a course quickly-search actions, and also of the order of presentation of results of operatively-search activity to the investigator to investigator.
1.3. Greater use of powers under the direction of materials in investigating bodies and inquiry for the decision of a question on criminal prosecution on the facts of illegal logging, destruction or damage of forest plantations and other violations of the criminal legislation detected by the Prosecutor in this industry.
With data pointing to signs of administrative offences and submit proposals on bringing the perpetrators to this kind of responsibility.
Keep in mind that the main criteria for distinguishing criminal offences from administrative offences are the amount of damage caused to the forest Fund and the degree of damage to forest stands.
1.4. Carefully and thoroughly to check the compliance with the procedure for acceptance, registration and resolution of communications on crimes committed in the industry. In order to produce monthly reconciliation of registration and accounting data of bodies of inquiry and preliminary investigation records, as well as with existing Federal forestry Agency, Rosprirodnadzor, its territorial subdivisions and other authorized bodies the documents and data that indicate illegal acts.
To identify violations in the field of forest management to continuously monitor the publications of mass media on the topic. If there is reason to implement the authority provided by part 2 of article 144 of the criminal procedure code.
1.5. During the supervision over the legality of decisions on refusal in initiation of legal proceedings to focus on the objectivity and completeness of the checks carried out, including the use of bodies of preliminary investigation powers to conduct investigatory and other procedural actions, the production of which in accordance with part 1 of article 144 of the code valid during the consideration of the reports of crime, and the motivation and justification set out in the resolution of arguments.
1.6. Checking the legality of the criminal case, to evaluate the correctness of the qualification of the offense, including with the aim of eliminating unjustified understatement. When studying the materials of pre-investigation checks on the basis of which the decision on excitation of criminal cases, to draw attention to circumstances that indicate the violation of environmental requirements, their relationship with the come consequences.
Keep in mind the explanation of the Resolution of Plenum of the Supreme Court of the Russian Federation dated 18.10.2012 No. 21 "On application by courts of legislation on liability for violations in the field of environment protection and natural resources", according to which to the subject of environmental crimes does not include trees, shrubs, growing on the agricultural land (excluding forest plantations, designed to ensure the protection of land from negative (harmful) natural, anthropogenous and technogenic phenomena), land plots, land plots allocated for individual housing, garage construction, personal subsidiary and country economy, gardening, livestock and market gardening, nurseries, nurseries of fruit, berry, ornamental and other crops, as well as windfall, slash, dead trees, unless otherwise stipulated in special regulations.
1.7. In the study received copies of the orders on suspension of the preliminary investigation or the criminal case termination (criminal prosecution) concerning crimes in the sphere of forest management in the case of recognition as illegal and invalid, in accordance with the provisions of articles 211 and 214 of the criminal procedure code to take measures to the study of the materials of the criminal case. In the analysis of information contained therein to pay attention to the timeliness and completeness of investigative and other procedural actions aimed at detection and seizure of items relevant to the criminal case, as well as to establish the persons subject to attraction as accused, making full use of the expertise of and attracting specialists.
1.8. In case of revealing in the course of studying of materials of criminal case of violation of the criminal procedure law to cancel illegal and unjustified procedural decision on termination of criminal proceedings (criminal prosecution) or of the suspension of the preliminary investigation, referring to specific circumstances, subject to additional investigation.
1.9. Upon receipt of the criminal case in accordance with part 6, article 220, part 4 of article 225 and part 7 of article 226.7 of the code to verify compliance contained in the indictment (act, regulation) of the conclusions on the guilt to prosecute persons the circumstances of the case, the adequacy of collected on the case evidence, the correctness of the qualification of the offence, as well as compliance with rules of criminal procedure when performing investigative and other procedural actions and the preparation of procedural documents.
In the course of studying of materials of criminal case to consider the quality of compiled by the forestry authorities of instruments of offence, the existence of detailed calculations, indicating the specific legal acts that regulate environmental relations that have been violated.
Special attention to focus on the completeness of measures taken to establish involvement in the crimes in the sphere of forest management officials, law enforcement, Supervisory and other state authorities of the Russian Federation.
Note that the use of official position is expressed not only in the intentional exercise by officials of their office, but also in the influence and authority of their positions on other persons to commit their crimes in the timber industry.
1.10. In each case, to assess taken by the investigator, the head of the investigative body, the investigator measures to identify and eliminate the causes, conditions and other circumstances that contributed to the Commission of crimes, including in the preparation of submissions to the relevant organizations and officials with regard to their adequacy to address the identified violations of the law.
To Orient the pre-trial investigation authorities for activities referred to in article 115 of the criminal procedure code "the seizure of property," and associated with the identity of the owners of instruments of crime.
1.11. When studying the materials of the criminal case to pay attention to the adoption of law enforcement agencies comprehensive measures for compensation of damage caused to forests owing to violation of the forest legislation, in cases where victims were not claimed in civil actions, to assert appropriate claims.
2. The most problematic issues of execution of laws in the prevention, detection, disclosure and investigation of crimes in the sphere of forest management to be discussed at coordination meetings of heads of law enforcement agencies, the results of which to develop additional measures aimed at ensuring the rule of law and strengthening the rule of law in this area.
3. Heads of departments of the General Prosecutor of the Russian Federation in Federal districts, prosecutors of subjects of the Russian Federation equal to them military prosecutors and prosecutors of other specialized Prosecutor's offices:
3.1. Annually summarize and analyze the practice of prevention, detection, disclosure and investigation of crimes in the sphere of forest management and the state of Prosecutor supervision in this sphere of activity.
3.2. Relevant information to be reflected in memoranda notes on the execution of the present instructions to submit by January 30 in units of the Prosecutor General of the Russian Federation:
in the office of methodological and analytical support for oversight over procedural activities of preliminary investigation and operational-search activity;
in management on supervision of execution of laws on transport and in customs – in respect of the bodies of internal Affairs on transport;
military prosecutors of the district level, the Chief military Prosecutor's office.
Memoranda in the supervision of investigative activities to provide in accordance with the requirements of the secret proceedings.
4. The office of methodological and analytical support for oversight over procedural activities of preliminary investigation and operational-search activities, General Prosecutor of the Russian Federation jointly with the Department for investigation supervision, office for the supervision of manufacture of inquiry and operatively-search activity, the office for supervision over execution of legislation on combating corruption, the office for supervision over execution of laws on transport and in customs at least once a year to carry out generalization of practice of this activity and annually no later than March 1, to submit analytical reports to the relevant Deputy Prosecutor General of the Russian Federation.
5. This instruction to be published in magazine "Legality" and to place on the official website of the Prosecutor General of the Russian Federation.
6. Control over execution of the present instructions given by the deputies of the Prosecutor General of the Russian Federation on activities.
The instruction to send to the deputies of the Prosecutor General of the Russian Federation, heads of major departments and offices of the Prosecutor General of the Russian Federation, prosecutors of subjects of the Russian Federation equal to them military prosecutors and prosecutors of other specialized Prosecutor's offices, which bring its contents to the attention of subordinate employees.
The attorney General
counselor of justice
Y. Y. Chaika
Translated by «Yandex.Translator»
Edited ЛеснойРесурс (July 11, 2014 07:16:24)