REASONS AND GROUNDS FOR REGISTERING A REPORT ON A CRIME, INITIATING A CRIMINAL CASE AND INITIATING CRIMINAL PROSECUTION IN CRIMINAL CASES ON ENVIRONMENTAL CRIMES

This article discusses the problems of the procedure for the adoption, registration and verification of a report on an environmental crime. The author substantiates the idea of delineation and investigation of the reasons and grounds for registering a report on a crime, initiating a criminal case and initiating criminal prosecution in criminal cases on environmental crimes. Describing the idea of unifying the stage of initiating a criminal case, considering it through the prism of the specifics of environmental crimes, it is justified to distinguish between the reason and the grounds for registering a communication, for initiating a criminal case, for initiating a preliminary investigation, where: any communication of a citizen with a request on the protection of his violated right; the basis for the registration of a crime report is any report of a crime provided for in § 43, Art. 5 of the Code of Criminal Procedure; the reason for initiating a criminal case is to consider any communication about a crime provided for in § 43, Art. 5 of the Code of Criminal Procedure, if it contains information about the event of a crime or about the circumstances indicating the event of a crime, and the absence at the time of their apparent falsity; the basis for the institution of a criminal case is to consider the identification of the event of the commission of a crime (in conditions of evidence), and the certification of an event indicating the commission of a crime (under conditions of non-obviousness); the reason for the initiation of a preliminary investigation, criminal prosecution on behalf of the state, consider a report on the crime provided for in § 43, Art. 5 of the Code of Criminal Procedure of the Russian Federation, according to which a decision was made to initiate criminal proceedings; the ground for initiating a preliminary investigation is to recognize the decision to institute criminal proceedings. The author comes to the conclusion that there is a need to develop a unified procedure for processing and sending structural units of environmental monitoring bodies to law enforcement agencies on the facts of criminally punishable violations of environmental and natural resource legislation.