Criminological and criminalistic bases of illegal engagement in fishing, hunting, or other water-based extractive industries

Abstract

The article examines the peculiarities of the criminological characteristics of illegal fishing, hunting, or other water extraction industries. The authors determine the state of criminal offenses in Ukraine, as well as the state and specific weight of illegal extraction (fishing) of aquatic biological resources in Ukraine, and investigate the causes of illegal activities. Statistical observations are made on the dynamics of criminal offenses related to illegal fishing that have been registered and referred to court. Trends that influence the growth of illegal fishing are considered. Attention is also focused on latent crime in this area. It has been established that procedural aspects are the most important in uncovering the issue of illegal fishing. In addition, the article examines the main procedural forms of participation of knowledgeable persons in the investigation of criminal cases involving illegal fishing. The issues on which experts should focus their attention when investigating these issues are highlighted. The role of the expert biologist in forming an expert opinion and the peculiarities of conducting these categories of cases are highlighted. The tactical and organizational aspects of conducting special studies and expert examinations in cases of this group of criminal offenses are analyzed. It is proposed to grant specialists of territorial administrations the function of investigative bodies during the investigation of illegal fishing. General conclusions and proposals are made that should contribute to improving the situation with illegal fishing.