RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of October 31, 2017 No. 41

About introduction of amendments to some Resolutions of the Plenum of the Supreme Court of the Russian Federation

Due to the change of the legislation, and also the questions Plenum of the Supreme Court of the Russian Federation which are available in court practice, being guided by article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make changes to the following resolutions of the Plenum of the Supreme Court of the Russian Federation:

1. In the resolution of the Plenum of the Supreme Court of the Russian Federation of November 23, 2010 No. 26 "About some questions of application by courts of the legislation on criminal liability in the field of fishery and preserving water biological resources (part 2 Articles 253, Articles 256, 258.1 Criminal Codes of the Russian Federation)":

In paragraph one of Item 3 of the word "or different ways of mass destruction of water animals and plants" shall be replaced with words 1) "or other prohibited tools and methods of mass destruction of water biological resources";

Item 4 to state 2) in the following edition:

"4. The question of availability in actions of person of signs of making of illegal production (catch) of water biological resources with causing major damage or with causing especially major damage shall be solved according to the note to article 256 Criminal Code of the Russian Federation. As illegal production (catch) of water biological resources with causing major damage making of several cases of illegal production (catch) from which general damage exceeds hundred thousand rubles, and with causing especially major damage - two hundred fifty thousand rubles shall be qualified, under the circumstances testimonial of intention to make illegal production (catch) with causing large or especially major damage.

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