Circumstances to be established during the investigation of illegal employment in fish, game or other water extractive fishing

The scientific article reveals the issue of identifying and characterizing the circumstances to be established during the investigation of illegal employment in fish, game or other water extractive fishing. As a result of thorough research and analysis of publications by criminologists and proceduralists, it was found that at the current stage of development, the specified issue remains insufficiently researched. Distinguished positions of scientists who determine that the development of separate methods of investigation of criminal offenses should begin with the definition of the range of tasks and circumstances to be established. As a result of the analysis of forensic scientists and generally recognized circumstances to be established, it has been proven that the circumstances that need to be clarified in the course of detected illegal actions related to illegal water extractive fishing should include: the event of illegal water extractive fishing in terms of the presence of forensically significant signs of an offense under Art. 249 of the Criminal Code of Ukraine (time, place, circumstances of preparation, commission, concealment; tools, means and method of use; identity of the criminal, motives and purpose), as a priority, since a timely and objective assessment of the analyzed situation allows prompt and correct adoption of relevant organizational decisions regarding the initiation of a pre-trial investigation, which will positively affect the next stage; culpability in committing a criminal offense, form of guilt, motive and purpose of committing a criminal offense (the main thing is whether the signs of the committed act fall under the legal prohibitions of fishing; what exact requirements were violated when fishing was carried out); the type and amount of significant damage caused as a result of illegal fishing; the amount of material damage caused to the environment by an illegal act; identification of witnesses to the event, as well as circumstances that affect the severity of the committed criminal offense (presence of accomplices, group nature, mass fishing, etc.). Clarification of the circumstances highlighted in the scientific article contributes to the proper further organization of the investigation of illegal employment in fish, game or other water extractive fishing.