ESTABLISHMENT OF THE FACT OF VIOLATION OF FOREST LEGISLATION (ADMINISTRATIVE AND LEGAL ASPECT)

Abstract

The article focuses on the administrative and legal aspects of establishing the fact of violation of forest legislation. It is emphasized that the current state of compliance with forest legislation is characterized by the presence of a significant number of offenses. One of the mandatory conditions for prosecution for such actions is the establishment of the fact of violation of forest legislation, which indirectly affects the choice of responsibility for such offenses. Various aspects of establishing the fact of violation of forest legislation have been studied. The definition of this concept is proposed taking into account the following definitions of establishment, facts and legal facts, offense and administrative offense, offense of forest legislation, as well as taking into account the subjects of establishing the facts of violation of this legislation in accordance with their powers defined by law. The stages of establishing the fact of violation of forest legislation were considered and three such stages were distinguished, among which: detection of the fact of violation of forest legislation; verification of the fact of violation of forest legislation; documentation of the fact of the offense committed. The relations for the detection of violations of forest legislation were analyzed, the forms of detection and the subjects of these relations were specified. The forms of detection and the circle of subjects that can be involved at this stage have been clarified. The verification of the discovered facts was considered as the second stage. Forms for checks of discovered facts of violations and subjects of such relations have been established for each form. The forms of inspections of discovered facts of violations of forest legislation have been clarified. Attention is drawn to the peculiarities of conducting inspections revealed by special bodies authorized to carry out protection and supervision (control) of compliance with forest legislation. The issue of documentation as the third stage of establishing the fact of violation of forest legislation has been investigated. The forms and subjects of this stage are specified.