PRECONDITIONS OF CRIMINAL LAW PROTECTION OF THE INTERNATIONAL CIRCULATION OF ENDANGERED SPICEMEN OF SPECIES OF WILD FAUNA AND FLORA UNDER CRIMINAL LAW OF LATVIA

Abstract

In the paper, the necessity of protection of legally correct international circulation of endangered species of wild fauna and flora is founded and the customs role in ensuring legally correct international circulation of them is clarified. Analysing international, regional (European Union) and local (the Criminal Law and the Administrative Violations Code of Latvia) legislation the preconditions of criminal liability of violations of the trading provisions of endangered species of wild fauna and flora are determined: (1) object of the criminal offence is specified, (2) term „trading provisions” is definated, (3) substantial harm as negative consequences caused by the criminal offence is characterised. It is concluded that section 115.1 „Violation of the Trading Provisions of Specimens of Endangered Wild Animal and Plant Species” of the Criminal Law needs doctrinal explanation to increase the effectiveness of this rule of law. The constituent elements of the criminal offence described in the section 115.1 of the Criminal Law is analysed to promote its application in accordance with its sense and purpose taking into account international obligations to raise the protection level of the endangered species of fauna and flora involved in the international trade. In order to fulfil the demand of the international public for the effective fight against the environmental crime, it is necessary to not only strengthen the understanding of the preconditions to protection of the endangered species under criminal law, but also the states must follow a more unified approach in establishment of the preconditions of criminal liability.