Problems of liability for illegal logging in the Russian Federation

The authors analyse legal acts regulating liability for illegal logging and legal literature to identify the causes of illegal logging and the problems of legal liability for illegal logging in Russia and propose decisions to solve them. The comparative analysis of Art.8.28 of the Administrative Code and Art. 260 of the Criminal Code of the Russian Federation has shown that there is a gap in the administrative legislation on liability, which results in no liability for illegal logging of non-forest plantations in insignificant volume, as well as for any damage of non-forest plantations that does not lead to cessation of growth, and for insignificant damage that leads to the cessation of growth. It was proposed to correct the disposition of Art. 8.28 of the Administrative Code, adding the words "non-forest plantations". The authors suggest that the problem of identifying illegal logging on the basis of permits, yet with deliberate disregard or distortion of the current order and rules of logging for the purpose of harvesting timber should be solved by involving experts in the environmental management. Basing on the comparative legal analysis of Russian and foreign practices related to the problem of insufficient control and monitoring the state of forests for illegal logging, the authors suggest including voluntary certification in the logging industry as a way to improve crime control. They also emphasise the fact the guidance book for calculating damage provided for by Decree No. 273 of the Government of the Russian Federation of May 8, 2007, does not contribute to the imposition of a fair punishment, since it does not allow assessing indirect environmental damage caused by environmental offenses. In general, the authors conclude that both theoretical and practical problems significantly restrain the development of the institution of punishment in this sphere; however, there are ways to solve them.

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