Fines for illegal deforestation
Living in a private or apartment building, people periodically need to cut some kind of tree and illegal cutting of trees often occurs. However, not everyone knows that cutting down green spaces within the city without appropriate permission is prohibited, illegally and punishable by the ruble.
The unauthorized cut of trees and the removal of the plant, even for good purposes, is an illegal act that leads to administrative and even criminal liability. If you need to get rid of green plantations, while afraid to fall under the “article”, contact the company “Clean Forest”. We know what the illegal cut of trees in the city is and what fines for the cutting of trees in the forest are getting individuals.
Unauthorized deforestation of trees in a city or forest. the destruction of individual trees or forests of forests without permits that the Department of Nature Management issues people who violate the law, are held by police or environmental service and a fine.
During the detention, the technique and means that wood were cut off are taken from the offender. Further, taking into account legislative acts, sanctions are determined.
How to cut work work?
Carriage of green spaces should be carried out in accordance with the following requirements:
- In accordance with the dendropoplanet (scheme) and the counting statement, all trees and shrubs subject to cutting should be marked with red paint, designed for transplantation. yellow, to preservation. white;
- The note of trees and shrubs should be carried out by customers together with manufacturers of work on cutting and transfer according to the dendropoplank and the amount of the list;
- no later than 10 days before the start of work related to the destruction and transplantation of green spaces, information shields that have a good review should be installed at the facility;
- Destruction, pruning and transplantation of green spaces are carried out after notification of the department of environmental control of the Department of Nature Management and Environmental Protection of the city in the corresponding administrative district no later than 5 working days before the start of work;
- Valka, cutting, loading and removing of felled trees and waxing residues should be carried out as cutting down;
- Warring remnants must be exported and disposed of;
- After the work, the cutting ticket must be closed.
How to check the legality of deforestation?
You can find out whether a cutting ticket was given a cutting ticket and whether the cutting of green spaces is legitimate, by turning:
- by the number of the Unified reference service 7 (495) 777-77-77;
- to the Department of Nature Management and Environmental Protection of the City through an electronic reception.
Find out, cutting is carried out during construction on a section that is in private ownership, or the site provided for the construction and (or) reconstruction of capital construction projects, by contacting: by contacting:
Punishments provided for log house in various territories
Despite the fact that criminal/administrative responsibility and fines, and other punishments for cutting a tree are described in the Criminal Code and the Code of Administrative Offenses, situations often appear when you need to contact the rest of the acts according to the standards. This is associated with the meta.laying of trees in all kinds of territories, and with the whose territory it is.
Most trees in the city are located on municipal land, which means they are the property of the city administration. This means that all plants should be constantly cut and whitish, as well as perform other actions. A dried or old plant is removed so that the rest of the trees are protected from pests and source of the disease, and a young seedling is planted in its place. This is not at all free, since each pipes should be paid, and therefore, with respect to all participants in the illegal cutting of plants, additional. sanctions. Art. 064 of the Civil Code that the harm that is caused to the legal entity, in this case, the municipality, must be completed by 100%. It turns out that in addition to the penalties and other sanctions, it will be necessary to reimburse the municipality for illegal deforestation and all the expenses that he will carry to compensate for the sawed tree, or rather: more precisely:
For this reason, in terms of the one who cut down a tree on the city land with any purpose, a criminal case may be instituted. 67 of the Criminal Code, that is, the destruction of other people’s property or its damage. Taking into account all the expenses that the municipality should be compensated for, the destruction of even one small tree can be a real causing harm to property in an incredibly large amount, and therefore there is a high probability not only to run into a fine, but also to lose freedom. The fact is that sanctions from Article 67 are fully similar in that it is spelled out in article 60, though the division of the degree of damage is different. small. up to 5,000, tangible up to 250,000 and large to 1 million.
The penalty for cutting a tree in the forest is different and differs from urban realities. The fact is that the Federal Law “On Amendments” in ST. 32 lc from 18.04.2018 7-ФЗ enables citizens to collect a foller for personal needs. For this reason, in theory, you can find and cut down a dry tilted tree and not to suffer for this punishment, and even more so if you saw it into relatively small pieces before exporting. But even in this case, much has been brought to the court of city authorities, and therefore they can put different prohibitions and restrictions. If it is not possible to prove that a felled/sawn plant is a lounger, and quite often everything reaches st. 60 of the Criminal Code and Article 28 of the Code of Administrative Offenses, it turns out that, depending on the entire volume of the tree, this can be a fine of 3,000 to 3 million, as well as other sanctions, including forced labor or those that are deprived of freedom.
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On a personal land plot
Despite the fact that. 09 of the Civil Code gives the owners the right to independently dispose of personal property, cutting wood on the site without permission can be subject to Article 69 of the Criminal Code and 8.27 Code of Administrative Offenses this happens in cases where a plant that relates to valuable. The difficulty is that the city administration makes a list of valuable woody species, and therefore even in neighboring villages the same tree can be small, t.e. Do not fall under the actions of articles, or be valuable. If the second option turned out and the local administration finds out about cutting, that is, there is a big chance that fines will be issued. A tree aged 10 to 50 years rarely grows so that if there are several dozen valuable trees on the site, then the damage can become significant, which sometimes reaches up to 500,000, and there may also be other sanctions.
If the tree was cut into areas, but alien, then it is impossible to name exactly the size of the fine or the severity of other sanctions. The fact is that if the owner of the site gave the go.ahead for cutting without official permission, then the fine and other sanctions will be divided between the owners and the fact that the tree cut down. Such liability is regulated by Article 2 of the WC in the case when the owner of the site allowed illegal cutting, then this is a group action, t.e. aggravating circumstance. If the process was performed without consent, then he will need to prove innocence through the court, and it is extremely difficult to do it. If the owner of the site announced this police or local administration that the site is carried out illegal cutting or cutting, and there is a great chance that they will not be considered an accomplice, and even more so if the pest is detained on the spot. And yet, a lot will depend on the advocate qualification, to which the owner will allow such a case in the walls of the court.
It doesn’t matter in what place, where the tree grew, in relation to those who cut down or cut it without permission, different articles of the Code of Administrative Offenses or Criminal Code, fines and other punishments for which will not be lower than those that we prescribed in the table presented above will be used. There is always the probability of the formation of various aggravating circumstances, due to which other sanctions and fines can become noticeably harder. But in addition to violation of the order, which is established in order to obtain permits, in such a situation the interests of third.party legal and individuals affect, which adds claims from law enforcement agencies.
How to legally cut down a tree
In order not to run into a fine for a log house, you should start preparing for legal activities with a visit to the department in the city administration, where you should tell about the desire to cut down the tree, and also provide documentation for the site and photo of the trees, and also the environment. If the wood breed is low, then the administration will give official documents about this, and after that the trees that are indicated in the application and of. the response of the administration can be cut off, and at the same time not to be afraid of sanctions. If the breed is valuable, it will be necessary to conduct an examination, and then pay for the permission to delay and take measures to restore.
The forest is chopped. fines fly
For a felled tree, administrative responsibility and a fine can threaten-from 3-4 thousand for citizens to 300 thousand for legal entities. And if you drink a lot, and even adult trees of particularly valuable species, there is a chance to encounter the Criminal Code and go for several years for “advanced training courses”.
Even a tree planted by your grandfather in your site does not belong to you
Do not rush to make round eyes: birch or old maple under your window, on your land, even planted by your grandfather, do not automatically become your property, which can be done by your mind. You should not be indignant at domestic slats: green spaces are protected by the legislation of many countries. So, for example, in Germany, you can pay a fine of up to 50 thousand euros for a felled tree. And, if you look impartially at the situation, this is probably right: it is impossible to easily dispose of someone else’s life only on the grounds that it interferes with you or chainsaws are freely sold in stores. Even if it is a life just a tree.
Sometimes trees pose a real danger. it is better to prevent it in advance
Although, of course, the situations are different: the trees on the site can threaten buildings or power lines, grow in the place that you have determined under the spot of buildings, interfere with the cultivation of cultivated plants. But there are many reasons why the tree may be superfluous! And you can clear the site from the trees. And legislative obstacles serve as a “brake”, which will make the landowner think about the fact that you should not immediately brave the starter of the chainsaw. Perhaps a sick old tree should try to save; in a healthy one. cut only interfering branches; To plan the construction differently. Pretty tall, but even a young tree can be tried to transplant to a place where it will not interfere with your ideas.
Ignorance of laws does not exempt from liability
The Civil Code regarding the right to own property in the form of a land plot says: “The owner of the land plot has the right to use at his discretion everything that is above and under the surface of this plot. “”. However, the end of the phrase sounds like this: “ unless otherwise provided by the laws on the bowels, the use of airspace, other laws and does not violate the rights of other persons” (st. 261, p. 3 Civil Code).
- Article 260 of the Criminal Code “Illegal cutting of forest stands”;
- Federal Law “On Environmental Protection” from 10.01.2002.FZ;
- Code of Administrative Offenses (Code of Administrative Offenses), Article 8.25-8.28;
- Order of the Federal Forestry Agency from 5.12.2011. 13 “On the approval of the list of species (breeds) of trees and shrubs, the harvesting of wood of which is not allowed”;
- Forest Code
Ignorance of laws does not exempt from responsibility and finally: large single.standing trees can turn out to be geodetic guidelines and be taken into account and applied to a variety of maps from cadastral engineering to the military. Therefore, before sawing trees and shrubs on your site, you must apply for permission to the environmental management of the district administration. The application must indicate the reason for the need to demolish wood or trees, approximate dimensions (the diameter of the barrel at a height of about 1 m), the breed.
Of course, in many areas, especially remote from the capitals, many heard did not hear about any permissions for the removal of vegetation from their own site. But you should not hope that if your matchmaker, a neighbor or a familiar 10 years ago without any problems, cut down a tree, without asking anyone, and there was nothing for him, then it will happen to you exactly the same. Everything is changing, laws including. In the last decade, the ecological police began to operate in some regions. a special unit in the Ministry of Internal Affairs. And already vigilant comrades moving thoughts about the protection of ecology or how to harm your neighbor is enough everywhere.
If there are no special severity in your area with trees, the administration of the settlement will simply give you a written resolution that will protect you from an ecologically wary neighbor. And if everything is serious, then a specialist will go to the place who will appreciate the trees unnecessary to you and the real need to remove them. He will draw up his conclusion, on the basis of which you will receive (or not) a droppings, paying the corresponding fee.
And yes: if you plan to turn to the services of professional sawmills, they will begin their work only after you receive permits. Separately, it is worth mentioning that in a situation where the tree interferes with you, but it grows not on your land (for example, on municipal lands or behind a fence from a neighbor), its owner should receive permission to remove it.
The permission to demolish the tree should receive its owner
With your own hands. or pro?
Having dealt with the legislative part, we move on to the practical one. whether to clear the site from trees yourself or is it better to contact professionals? The days have passed when the summer resident had only a hand hacksaw in his arsenal. However, buying even the most powerful chainsaw will not make you a professional lumberjack.
The presence of a professional tool will not make you a pros
In my opinion, it is worthwhile to process the site from the trees on its own only if the plot is covered with shrubs and young wooden growth, and not with centuries.old trees. Or when mastering virgin lands, when neither you nor your neighbors still have buildings or landings. Then you can get down the trees, just cutting them at the base.
In our market for this case, you can choose a tool for your goals. Look at the saws, gasoline saws, electric saws, battery saws.
What relates to valuable breeds
In the announced story, the owner of the site to exclude the above situation would be best to get a barrel ticket.
Since the sawn oak refers to valuable wood species. In addition, it was necessary to prepare photos or make a video confirming that the tree really was a danger, and that it had to be cut off. After that, one could contact the Ministry of Emergencies, which is obliged to somehow respond to this.
If we talk about a cutting ticket, then in most cases its design is free of charge. Why is this document needed? The fact is that there is no unequivocal prohibition on the cut of wood on its own site.
Without problems, you can cut down the already fallen trees, in which the roots still cling to the ground, as well as trees of irrelevant species, such as aspen, garden apple trees or pears. But for the cut of trees of valuable breeds, such as oak, beech, ash, cedar, linden, hornbeam, elm, alder black, cashtan sowing, it is still better to get a barrel ticket.
However, for the saw without decoration (for indisputable wood), there are additional restrictions:
- It is impossible to cut down a lot of wild trees at once without permission. According to the prevailing practice, the word “little” means 2-3 trees.
- Everything else can be qualified as “a lot”.
- Trees planted by the owner or his predecessors are allowed to cut down in any quantity.
- Drilling trees should not be the home of birds and animals listed in the Red Book.
- It is very desirable to plant a new tree in return for the cut.
Separately, the following should be noted: you can not cut down the trees if they are part of the forest. In accordance with Article 6 of the Forest Code, forests can be located on agricultural lands and other lands.
This is possible if the site owned by a citizen is partially located in the forest area, and on the cadastral map it is noted that the forest is state property and refers to the forest fund.
In these cases, it actually turns out that the land belongs to a person, and the trees are a forest that belongs to the state. Therefore, for a felled tree you can get a significant fine. Such is the situation.
In general, you need to understand the following: the owner of the land has the right to own, use and dispose of his property in such a way that this does not damage the environment. Clause 3 of Article 261 and paragraph 3 of Article 209 of the Civil Code is said about this. Therefore, the owner of the site, when deciding on the sawdown of a tree on his site, must take care, firstly, so that this does not cause damage to the environment. And secondly-so that the relevant norms of the laws are not violated.
Pilments for individuals
If by his actions the owner of the site causes damage to nature or violates the requirements of the legislation, then he is obliged to compensate for the negative impact and answer for violation of the law.
Most often, a fine is imposed on the offender. In accordance with the already mentioned article 8.28 Code of Administrative Offenses for citizens for illegal cutting without the use of mechanisms and equipment provides for a fine of 3-4 thousand.
If the technique was used, then the fine increases to 4-5 thousand with confiscation of felled trees. Mechanisms, tools and equipment used for cutting down can also be confiscated.
In addition to a fine, you can receive criminal punishment under Article 260 of the Criminal Code. In the case of cutting down, which caused damage in a significant amount (5-50 thousand), it is provided:
- or a criminal fine of up to 500 thousand or in the amount of the salary of the convicted person for up to 3 years;
- or mandatory work up to 480 hours;
- or correctional labor up to 2 years;
- or forced labor up to 2 years with a fine of 100-200 thousand or without it;
- or imprisonment up to 2 years with a fine of 100-200 thousand or without.
With large (50-150 thousand) and especially large (over 150 thousand) sizes, criminal liability is even more tougher.
Practice shows that under the “criminal” you can fall by cutting one birch of very small sizes. For example, with a trunk diameter of 16 cm at a height of 1.3 m, the damage from cutting can easily count about 5 thousand. And criminal liability just begins with this amount.
If a tree is in common
Most difficulties cause green spaces located on public land, which belongs to the state. On the territory of settlements, deforestation is strictly prohibited for the purpose of logging.
In such cases, a drunken ticket can be obtained only for three reasons:
- Trees and shrubs have grown and partially make it difficult, or overlap the passage;
- The plant has already died or damaged and recognized as emergency. Its fall can harm a person’s life, can damage the communication lines and power lines, threatens to damage the buildings;
- If the overgrown tree prevents the possibilities of paving new communications.
The conclusion on the accident rate is made by landscaping workers on a number of established signs, and in general this is the easiest way to obtain a permit for deforestation.
If the tree interferes with the construction of communications
To get a cutting ticket for the construction of new communications, you will need to provide a package of documents, including:
- technical documentation for the building;
- conclusion on the degree of wear (if you replace obsolete pipes);
- Act on the inspection of the terrain;
- Project for installing new communications.
No matter how strange it may sound, the trees for the commission have more priority than the construction of communications. When considering this request, the commission will take into account any possible options for how to preserve green spaces. And if such solutions are not found, the owner will be issued a cutting ticket.
In addition, permission is usually issued on certain conditions, according to which the contractor, after completion of the work, is obliged to put the territory in order and landscaping it.
Cut a tree without permission
Cutting forest stands or not attributed to forest stands of trees, shrubs and vines. Their roll (including cutting, cutting, cutting, that is, separation in various ways of wood trunk, shrub and vine from the root), as well as other technologically related processes (including rubbish, partial processing and (or) storage of wood in the forest ). (Resolution of the Plenum of the Supreme Court of 18.ten.2012 N 21).
The legislation provides for criminal and administrative liability for illegal cutting of forest stands, as well as trees, shrubs and vines.
Administrative liability for illegal cutting of forest stands, trees, shrubs and vines includes responsibility for the following acts (st. eight.28. COAP):
Illegal cutting, damage to forest stands or unauthorized digging in the forests of trees, shrubs, vines, which entails liability in the form of an administrative fine for citizens in the amount of three thousand to four thousand;
The same actions committed using mechanisms, motor vehicles, self.propelled vehicles and other types of equipment, or committed in a forest.park green belt, if these actions do not contain a criminal act entail the imposition of an administrative fine in citizens in the amount of four thousand to five thousand with confiscation products of illegal nature management, as well as with confiscation of the instrument of an administrative offense or without it;
The acquisition, storage, transportation or sale of obviously illegally prepared wood, if these actions do not contain signs of a criminal act, entails the imposition of an administrative fine on citizens in the amount of five thousand.
Criminal liability for illegal cutting of forest stands, trees, shrubs, vines is provided for. 260 of the Criminal Code
Illegal cutting, as well as damage to the degree of cessation of the growth of forest stands or not attributed to forest stands of trees, shrubs, vines, if these acts are committed significant.
They are punished with a fine of up to five hundred thousand or in the amount of wages or other income of the convicted person for up to three years, or by obligatory work for up to four hundred and eighty hours, or correctional work for up to two years, or forced labor for a period of up to two years from a fine of one hundred thousand to two hundred thousand or in the amount of wages or other income of the convicted person from one year to eighteen months or without it, or by imprisonment for up to two years with a fine of one hundred thousand to two hundred thousand or in the amount of wages or other income of the convicted person for the period from one year to eighteen months or without.
Illegal cutting, as well as damage to the degree of cessation of the growth of forest stands or not attributed to forest stands of trees, shrubs, vines, if these acts are committed by: a group of persons; a person using his official position; Large.
They are punished with a fine of five hundred thousand to one million five hundred thousand or in the amount of wages or other income of the convicted person for a period of three to four years, or forced labor for up to four years with a fine of one hundred and fifty thousand to three hundred thousand or in the amount of wages or other income of the convicted person from eighteen months to two years or without the deprivation of the right to occupy certain positions or engage in certain activities for up to three years or without it,either by deprivation of liberty for up to four years with a fine of one hundred and fifty thousand to three hundred thousand or in the amount of wages or other income of the convicted person from eighteen months to two years or without the deprivation of the right to occupy certain positions or engage in certain activities for a period of up to three years or without.
Acts provided for by parts of the first or second of this article, committed on an especially large scale, by a group of persons by prior conspiracy or organized group.
They are punished with a fine of one million to three million or in the amount of wages or other income of the convicted person for a period of four to five years, or forced labor for up to five years with a fine of three hundred thousand to five hundred thousand or in the amount of wages or other income of the convict for a period from two to three years or without the deprivation of the right to occupy certain positions or engage in certain activities for up to three years or without it, or by imprisonment for up to seven years with a fine of three hundred thousand to five hundred thousand or in the amount of wages or other income of the convicted person for a period from two to three years or without the deprivation of the right to occupy certain positions or engage in certain activities for up to three years or without such.
At the same time, the damage caused to forest plantations, trees, shrubs and vines, in the amount of 5 thousand, large. 50,000, is recognized as significant damage, and 150,000 is especially large.
According to Art. 30 of the Forest Code, citizens have the right to harvest wood for heating purposes, build buildings and other own needs. However, the harvesting of wood for own needs, including by cutting forest stands, trees, shrubs and vines, must meet a number of requirements established by the law of the subject, namely:
Pilies for a summer resident: is it possible to cut trees, burn foliage and collect firewood?
Is it legal to burn the foliage in barrels, collect a jacket in the forest or cut an emergency tree on your own site? Before the onset of the summer season, Cyan.The magazine remembered the most popular horror stories and found out what can and what can not be done outside the city.
The legislation is constantly changing, and the neighbors are confusing with old prejudices and scared innovations. Sometimes ignorance turns out for owners of suburban sites with fines, because, as you know, it does not exempt from responsibility. We have collected a list of the most pressing issues, redirected them to experts and drew up instructions.
What is allowed to collect in the forest as firewood?
So far, the rules are not spelled out very accurately, and this becomes a reason for disputes. In particular, the concepts of “valernik” and “dry” are not disclosed, in addition, it is allowed to use a manual tool when harvesting for its own needs, but complete transfer, what kind of instruments, the Ministry of Natural Resources has not yet brought.
The issue is regulated by Articles 32 and 33 of the Forest Code, but is often supplemented by regional legislation. for example, a ban on the use of tools and transport or the obligation to report in advance about the date of collection of lobby in the forest.
Forest Code allows you to assemble valernik for personal purposes. Conventionally, it means trees, branches and branches that have fallen as a result of natural phenomena. what has broken, died itself and has no signs of life.
Previously, a jacket was allowed to take home, whose thickness did not exceed 4 cm, now this norm was abolished.
If in front of you in the forest are clearly cut or hacked by man trees, logs and even branches, you can’t take them, they have a master. the state, so your action is classified as a crime:
A fine for illegal cutting for individuals. 3-4 thousand. rubles. If the damage to the forest exceeds 150 thousand. rubles, then the violator faces seven years in prison (Article 260 of the Criminal Code).
PNI is allowed to collect, but the pits that formed when they are uprooted must be filled with soil. Birch bark can be taken without restrictions only with dry. From living trees, birch bark is allowed to collect only half a height of a tree and only in the spring and summer.
Is it possible to park in front of your site?
Recently, the media spoke about the inhabitants of the village of Zabrya in the Ryazan region. Their plots are small. there are not enough places for parking, so local car owners put cars in front of their wickets (on the grass or in a snowdrift. it already depends on the season). Suddenly, the government puzzled the villagers with the news that they risk getting up to 5 thousand for such a parking lot. rubles of a fine for violation of the law on landscaping: parked cars interfere with snowpock equipment (which, however, does not appear in the fence). Even a local tractor driver fell under the distribution, who voluntarily cleaned the nearest roads all winter, and a pensioner who does not even have a car-just under her fence the abandoned rusty cabin of a truck is lying for the last 30 years.
The issue with fines for parking on the lawn is regulated by the so.called register of green spaces, which is located in the regional jurisdiction of the capital’s authorities. In the regions, many driveways formally belong to the authorities formally belong to the regions. Even the areas adjacent to the dirt road near the fence can be listed in the register of green spaces. that is why you run the risk of getting a fine, leaving the car next to your site.
Sounds absurd, but a formal base for a fine on a regional Code of Administrative Offenses exists. The problem is that the authorities have the right to bring any sections to this register-it does not matter whether the grass is growing there now or has once been growing.
Find out if it is allowed to park, in fact, you can’t. But if you receive a fine for parking a vehicle on a well.maintained (even stunted grass) site near your private house, try to defend your rights. Fines for incorrect parking on lawns, especially fixed using the application “Assistant are actively examined in the courts, and decisions are increasingly made in favor of car owners.
As for the subtot Article 56 of the regional law 91/2014 “On improvement in the region” prohibits parking everywhere, except for special sites equipped to accommodate a car. But if this territory belongs to the SNT or the cottage village, then they have the right to establish their own rules for parking cars on their territory.
And Article 209 of the Civil Code “Property Rights” allows you to do anything with your site, this means that it is necessary to figure out who is the owner of the disputed territory: if the administration (at the same time, the carriage is not right on the site), then the car owner is wrong; If the site is executed as private property, there should be no claims or fines. The conclusion is simple: look for the owner.
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Is it legitimate to burn foliage and dry grass on the site?