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Barkhatova E.N., Belomestnov N.E. Amber – Natural Wealth out of Criminal Protection

DOI: https://doi.org/10.15688/lc.jvolsu.2019.4.24

Ekaterina N. Barkhatova, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Criminal Law and Criminology, East Siberian Institute of the Ministry of Internal Affairs of the Russian Federation, Lermontov St., 110, 664074 Irkutsk, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-0381-5462

Nikita E. Belomestnov, Criminal Intelligence Investigator, Department for Combating Organized Criminal Groups and Criminal Communities of the 6th Department (for Combating Organized Crime of a General Criminal Orientation) of the Criminal Investigation Department, Department of the Ministry of the Internal Affairs of the Russian Federation for the Trans-Baikal Territory, P. Osipenko St., 21, 672089 Chita, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-5715-9800


Introduction: amber, not being, in fact, a precious stone, is of great strategic importance, having a significant impact on the formation of the state economic policy in the field of regulating the circulation of natural resources. That is why amber is included in the list of strategic resources for the purposes of art. 2261 of the Criminal Code, and often is the subject of smuggling. Unique amber formations in cases stipulated by federal law are equated to precious stones. At the same time, the criminal law protection of amber from illicit trafficking is imperfect, which determined the purpose of the work – to develop recommendations for strengthening the criminal law protection of amber and unique amber formations as a strategically important resource. Methods: the methodological basis of the study is a systematic approach, as well as a set of methods of scientific knowledge, among which should be distinguished methods of analysis and synthesis, dialectical, logical, specific sociological methods of knowledge. Conclusion: the authors have identified contradictions in federal legislation that impede the full-fledged criminal law protection of amber as a strategically important resource and in some cases a stone equivalent to a precious one. In addition, revealed contradictions concerning the subject of regulation of art. 191 of the Criminal Code of the Russian Federation as a whole. On the basis of criminological analysis, the economic importance of amber and unique amber formations, as well as the need to protect it from unlawful encroachment, is substantiated. Based on the analysis of the provisions of criminal law, as well as the Federal Law “On Precious Metals and Precious Stones”, the authors formulated proposals for improving the criminal law, which provides for liability for illegal trafficking in precious metals, natural gems or pearls.

Key words: amber, unique amber formations, gems, pearls, strategic resources, economic security.

Citation. Barkhatova E.N., Belomestnov N.E. Amber – Natural Wealth out of Criminal Protection. Legal Concept, 2019, vol. 18, no. 4, pp. 174-180. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2019.4.24

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