PROBLEMS OF JURISDICTION OF ECOLOGICAL CRIMES, PROVIDED BY THE CRIMINAL CODE OF THE RUSSIAN FEDERATION

The international documents assign to the national legislator of a duty to pay to questions of jurisdiction the closest attention The specified duties are provided in item 1 of Art. 14 of the Covenant on Civil and Political rights, item 1 of Art. 6 of the Convention on protection of human rights and fundamental freedoms. Providing guarantees of the rights for fair public consideration of the case by competent court immediately and red tape is imputed an obligation of the states. Questions of jurisdiction, i.e. competence, vessels on criminal cases in the territory of the Russian Federation are provided by article 31 of the Code of Criminal Procedure of the Russian Federation. The rules regulated by this article have the big importance. So, implementation of requirements of article 31 Code of Criminal Procedure of the Russian Federation is in what in case of detection of violations of the rules of this article, automatically leads to cancellation of a sentence and reconsideration of criminal case anew. Territorial jurisdiction in practice, as a rule, is not broken, however to observance of requirements to subject (patrimonial) jurisdiction or by what court of the first or second instance concrete criminal case has to be considered, arise not only questions, the facts of violations and cancellation of sentences are also elicited. In case of cancellation of a sentence all procedure begins anew that tightens terms of consideration of the case and is estimated as rough red tape. It is important to note that any transfer of criminal cases from court is not provided by the Russian legislation in court. Thus, nobody can be deprived of the right for consideration of its business only by that court to which jurisdiction it is carried by the criminal procedure legislation The provided procedural rule is rather simple therefore under no circumstances it should not be violated.