Topical issues of preservation and sale of illegally felled timber as physical evidence in criminal proceedings

Russia is the largest country in terms of forest area and diversity. The high liquidity of green gold, its demand on the market, especially internationally, the territorial extent, the low standard of living of the population, unemployment, contribute to the commission of crimes in the field of forest protection, among which illegal logging occupies the leading position. The adoption of strategic documents and the reform of sectoral legislation have contributed to the solution of not all problems in the sphere of forest protection and rational use of forests. Among the acute applied problems that arise in counteracting criminal encroachments on the preservation of forest and other plantations are the issues of securing and selling illegally cut timber. Thus, given the volume of illegally harvested timber, the funds received from its sale could "cover" government spending on reforestation activities. However, in practice, timber seized during criminal proceedings is sold at prices that differ significantly from the prices determined in the conclusions of experts who assessed it at the time of detection of the crime, or it is written off as illiquidity. This situation can be explained by the fact that, contrary to the provisions of the law of criminal procedure, which allows the sale of large-size physical evidence, the storage of which is difficult, at the stage of preliminary investigation, law enforcement "prefers" a simpler way - the resolution of this issue in the court verdict. The sluggishness of investigators leading criminal proceedings often results in timber being left at the crime scene or placed in open areas near police buildings without identification of those responsible for its preservation. The lack of conditions to ensure the safety of timber results not only in its damage and deterioration, but also in its loss, including as a result of theft. Amendments to Resolution No. 21 of the Plenum of the Supreme Court of the RF, dated October 18, 2012 "On application by the courts of the legislation on liability for violations in the sphere of environmental protection and use of natural resources" would contribute to solution of the above problems. In particular, it is necessary to draw the attention of law enforcers to the need to promptly take measures stipulated by law to ensure the preservation and sale of illegally harvested timber, conducting all the necessary investigative actions in relation to this material evidence in order to ensure evidentiary authenticity.

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