260 article of the Criminal Code of the Russian Federation: illegal felling of forest stands

According to Art. 5 LC RF, the forest is an ecological system and natural resource. Plants can be in it in their natural state or planted by a person in order to replenish it. The law provides for liability for the destruction or damage of an ecosystem. Let us further consider in detail the rule that establishes punishment for entities for these illegal acts.

Article 260 of the Criminal Code

Illegal felling of forest stands, as well as damage to plants, including vines, shrubs to a state in which their growth stops, in an amount considered significant, shall be punished:

1. Cash collection in the amount of up to 500 thousand rubles. or equal to the salary of the guilty or other income for 3 years.
2. Forced labor up to 2 years. Additionally, a pecuniary penalty in the amount of 100-200 thousand rubles may be imputed. or in the amount of income for 12-18 months.
3. Mandatory work up to 480 hours
4. Imprisonment up to 2 years. Additionally, a fine of 100-200 thousand rubles may be imposed. or in the amount of income for 12-18 months.
5. Correctional labor lasting up to 2 years.

Qualifying composition

The above crimes can be committed:

1. Subject using official position.
2. Group of persons.
3. In large size.
   

For such acts 260 article of the Criminal Code of the Russian Federation establishes:

1. Fine from 500 thousand to 1 million rubles. or in the amount of income for 4 years.
2. Forced work with a monetary penalty of 150 to 300 thousand rubles. or in the amount of salary (other income) for 1.5-2 years. In addition, a ban on the implementation of certain activities or staying at specific posts for 3 years may be imputed.
3. Imprisonment up to 4 years. Additionally, the court may impose a fine of 150-300 thousand rubles. or equal to the income of the subject for 1.5-2 years, and also prohibit the person from carrying out certain activities or holding some positions for 3 years.

Aggravating circumstances

Crimes established by Article 260 of the Criminal Code of the Russian Federation in parts one and two may be committed by an organized group, several persons previously agreed with each other, or in an amount recognized as especially large. In these cases, the following are charged:

1. Cash recovery from 1 to 3 million rubles. or equal to the income of the perpetrator for 4-5 years.
2. Forced work.
3. Imprisonment.
   

To the last two sanctions, article 260 of the Criminal Code of the Russian Federation additionally provides for a pecuniary penalty in the amount of 300-500 thousand rubles. or equal to the income of the subject for 2-3 years, as well as a ban on the implementation of certain activities and stay in certain positions for 3 years.

Note

Applying Art. 260 of the Criminal Code of the Russian Federation, judicial practice proceeds from the fact that damage is recognized as significant, in monetary terms exceeding 5 thousand rubles. A large amount is considered to be a large amount of 50 thousand rubles, especially large - 150 thousand rubles. Calculation is carried out according to the methodology and rates approved by the Government.

Comments

Public relations existing in the field of rational use and protection of natural resources are the direct object of the crime, the liability for which is provided for in Article 260 of the Criminal Code of the Russian Federation. They are regulated by the relevant Federal Law, LC, regulatory acts issued by the Government within the framework of its powers, and land and civil laws. The subject of an unlawful act is vines, shrubs and trees, classified and not classified as forest plantations. These resources are located on lands of the respective categories owned by the state. The boundaries of forest areas are determined in accordance with the Civil Code and the LC.

Activity specifics

Within the forest fund, legislation allows:

1. Harvesting gum, wood, minor resources (Christmas trees, pine, fir paws, birch bark, bark, etc.).
2. Side use. In particular, it means haying, picking mushrooms, berries, wild fruits, medicinal raw materials, etc., placing apiaries and hives.
3. The use of sites for the needs of hunting farms, research, cultural, recreational, sports tourism purposes.

Responsibility Features

When carrying out activities not prescribed by law, Article 260 of the Criminal Code of the Russian Federation is in force; the Old Code of Administrative Offenses contained a similar norm. In particular, liability was provided for under Art. 65. An administrative fine was imputed for use not in accordance with the requirements or goals established in a forest or logging ticket (warrant). Other permits are currently being used.

LC Provisions

The forest code establishes the types of felling and allowable planting. The lists are provided for in norms 16 and 17 of the LC. The rules in accordance with which the cutting of stands is carried out are established in accordance with the procedure for harvesting wood, caring for plants, and fire and sanitary safety requirements. In Art. 29 LC provides types of ecosystems in which entrepreneurial activity is allowed, as well as total volumes of timber for harvesting. The government determines the list of stands for which logging is prohibited. Citizens and organizations may procure in accordance with land lease agreements. When conducting business without providing territories, the basis will be an agreement on the purchase and sale of plantations. The rules for the allocation of land for use are established in Art. 71-80 Lux. It is allowed to harvest wood for construction, heating and other own needs. Such activity is permitted on the basis of planting sales contracts. Standards and procedures for procurement are determined by regional laws.

Characteristics of Crime

Logging is not recognized in accordance with the requirements specified in the legislation as illegal. The activity will be considered unlawful even if there is a permit, if it is carried out in violation of the conditions specified in it. In these cases, article 260 of the Criminal Code is applicable. Judicial practice proceeds from the fact that, within the meaning of the rule in question, procurement carried out is considered illegal:

1. Not in a dedicated area.
2. Not in the prescribed amount.
3. Not the types of wood indicated in the permit.
4. Not on time.
5. Prohibited for cutting plantations.
6. After making a decision on limiting, suspending or terminating the user's activity, whether his rights to operate the site.

A crime shall be deemed completed from the moment of the final separation of the shrub, creeper or tree from the root or damage to the state in which their growth ceases if the acts were committed in an amount that is considered significant.

Subjective part

It is allowed to prosecute individuals who have reached 16 liters. The subjective part of the act involves direct intent. A citizen who performs logging understands the danger of his behavior. He suggests that by doing so it damages the ecosystem to a significant extent. When qualifying a crime, the motives of the subject do not matter. When committing an act, the person wishes the onset of negative consequences. It should be noted that article 260 of the Criminal Code of the Russian Federation falls under the amnesty. However, only certain categories of citizens are exempted from liability.