Сriminal liability for the forest offences in USSR (1922-1932)

Abstract

The article deals with the evolution of the institute of criminal liability for the forest offences in the period from 1922 to 1932. It is shown that in Criminal code of Ukrainian SSR 1922 Article 99 regulated illegal actions, concerned with forests, however term an «illegal disafforestation» was absented in it. For the purpose of decision in this question in 1925 the ordinance of Central Executive Committee of Ukraine and Council of People's Commissars of the Ukrainian SSR was accepted «About making alteration in the Article 99 in Criminal code of Ukrainian SSR ». A new release foresaw alternative approval or possibility of choice the court a few types of punishments. For illegal disafforestation in the case of causing of losses more than 15 rouble was foreseen to 200 rouble with a confiscation of illegal obtained or imprisonment within 6 months. Establishment in the USSR the totalitarian regime was accompanied acceptance in 1927 new edition of Criminal code of Ukrainian SSR, foreseeing strengthening of liability for property crimes. This tendency found the reflection in an the Article 82 of Criminal code of Ukrainian SSR 1927, in which the new qualified type of crime appeared is illegal disafforestation as trade, that was foreseeing the term of imprisonment to three years, confiscation of property and prohibition of residence in forest localities. By the other distinguish of Criminal code of Ukrainian SSR 1927 appearance in it an Article 83 that forbided the purchase of the forest, obtained illegally and providing in this case such actions in form of trade the same sanction that in the Article 82. On the basis of the executed research three stages, exposing the dynamics of criminal liability in this area are selected. It is shown the connection between the policy of collectivization and toughening of criminal law sanction for forest offences which included confiscation of property, prohibition of residence in forest localities.