PROBLEMATIC ASPECTS OF THE MAIN COMPONENTS OF CRIMINAL OFFENSES AGAINST AQUATIC BIOLOGICAL RESOURCES

Authors

  • Bakytgul Shaimerdenovna АРУ им.К.Жубанова
  • Galiya Kadyrbayevna Sagieva the Aktobe Regional University after K. Zhubanov

DOI:

https://doi.org/10.52026/2788-5291_2024_78_3_170

Keywords:

criminal offenses, aquatic biological resources, the composition of a criminal offense, the objective side of the offense, natural resources, public danger

Abstract

The article examines some issues of legal regulation of criminal offenses against aquatic biological resources. The purpose of this paper is to analyze the problems associated with the qualification of illegal extraction of aquatic biological resources, as well as to consider effective recommendations for improving legislative and law enforcement practice based on the study of fundamental principles. The relevance of the topic is justified by the social value and significance of both the subject and the object of the studied type of environmental criminal offenses. The issue of determining the object of the offense is complicated by the possibility of competition of norms, the article examines the mass destruction of fish resources, considered by articles on illegal fishing of fish, aquatic animals and plants, and non-compliance with the rules for the protection of representatives of the animal world. The work examines some aspects of the objective side of the act with the definition of characteristics that determine the external impact on a natural resource, the environment. In addition, the complexity of the blank dispositions may make it difficult to determine the composition of the offense. Therefore, for the correct application of the articles under study in the law enforcement activities of state bodies, there is a need to consider legislative acts in the field of environmental legislation, since this is the feature manifested in the interaction of environmental tort and criminally punishable encroachment on an environmental object. Various aspects of criminal prosecution for offenses against aquatic biological resources are considered in this article with the opinions of scientists, researchers in both criminal and environmental law; statistical data showing the dynamics of offenses in the studied area compared to last year, as well as places where these offenses were registered.

Author Biography

Galiya Kadyrbayevna Sagieva, the Aktobe Regional University after K. Zhubanov

Associate Professor of the Department of Jurisprudence of Aktobe Regional University named after K. Zhubanov, c.l.d.

Published

30.09.2024

How to Cite

Бакытгуль Шаймерденовна, & Sagieva Г. К. (2024). PROBLEMATIC ASPECTS OF THE MAIN COMPONENTS OF CRIMINAL OFFENSES AGAINST AQUATIC BIOLOGICAL RESOURCES. Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 3(78). https://doi.org/10.52026/2788-5291_2024_78_3_170