Analysis reveals challenges in public prosecution of crimes involving aquatic resources, suggesting improved strategic methods.
The article is devoted to the peculiarities of maintaining public prosecution in criminal cases regarding illegal extraction of aquatic biological resources, including an overview of the current crime situation, the general state of the law enforcement system, and an analysis of typical judicial situations arising during the maintenance of public prosecution. It has been established that for the effective construction of the evidence presentation process, the public prosecutor needs to anticipate typical judicial-investigative situations specific to this group of crimes. At the same time, the recovery of damages caused by the crime presents particular challenges for the public prosecutor, as it requires establishing a link between the act and its consequences. Difficulties arise with calculating the amount of damages, taking into account partial compensation, determining the defendant, and other issues. This indicates the necessity of preparing for conducting judicial investigations well in advance. The public prosecutor must timely develop a strategy for presenting evidence to the court and be ready to refute the arguments of the defense. The author examines tactical and methodological aspects of the prosecutor's overall work, including preparation for court hearings, forecasting possible traditional scenarios, and selecting an optimal strategy for proving the case, developed by the General Prosecutor's Office of the Russian Federation since the 2000s. Additionally, a statistical survey of current prosecutor employees has been conducted, along with an analysis of current judicial practice and statistical data on crime in this area. The article concludes that careful analysis by the prosecutor is necessary to develop the correct strategy. The choice of optimal methods and tactics for the public prosecutor to effectively defend the prosecution and, ultimately, secure the conviction of the offender directly depends on the established judicial environment. In this regard, the judicial situation should be carefully monitored primarily by the public prosecutor, who, as the representative of the prosecution, must prepare for the judicial proceedings, anticipate possible judicial situations, understand the reasons for their changes, and identify and assess the situation of the judicial investigation, utilizing various tactical techniques for the latter. In this context, given the current crime situation, appropriate scientific and practical recommendations for judicial methodology in maintaining public prosecution are proposed.
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Dmitrii Vyacheslavovich Tsyganov (2025) studied this question.
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