The verdict of the Ussuriysk District Court of the Primorsky Territory dated August 09, 2017 on clause "c" of part 2 of Article 260 of the Criminal Code of the Russian Federation "illegal felling of forest plantations, on a large scale."

SENTENCE

In the name Russian Federation

Ussuriysk district court Primorsky Territory, consisting of:

presiding judge L. G. A.,

with the participation of the state prosecutor - assistant to the Ussuriysk city prosecutor K.R.Yu., senior assistant to the Ussuriysk city prosecutor M.Yu.A., assistant to the Ussuriysk city prosecutor A.A.O.,

defendant - FULL NAME1,

D.V.S., who presented certificate XXXX and order XXXX from DD.MM.YY,

representative of the victim and civil plaintiff - FULL NAME13,

with the secretary - M.A.V.,

having examined in open court session criminal case against

FULL NAME1, XXXX, not convicted, detained with DD.MM.YY,

accused of committing a crime under subsection "g" of Part 2 of Art. 260 of the Criminal Code of the Russian Federation,

U S T A N O V I L:

FULL NAME1 committed illegal felling of forest plantations, on a large scale.

The crime was committed under the following circumstances.

FULL NAME1 DD.MM.YY, being in the vicinity of XXXX Primorsky Krai, not having permits for felling forest plantations, not having a lease agreement for a forest plot and a sale and purchase agreement for forest plantations, decided to make illegal felling of forest plantations - damp-growing trees of the "ash" breed , "Ilm", "Maak's bird cherry". For the purpose of illegal logging FULL NAME1 DD.MM.YY in the period from 10.00 to 17.00 hours, being in a forest on a site located in the 125 quarter of 21 section of the Experimental uchastkovoye lesnichestvo of the Ussuriysk branch of the Regional State Treasury Institution "Primorskoe Lesnichestvo" at a distance of 22 km 600 meters south of the house XXXX, identified trees that are subject to illegal felling, and with a chainsaw made illegal felling of forest plantations, that is, complete separation of trees from the roots, by cutting: one damp-growing "ash" tree with a volume of 0.34 m? in the amount of XXXX, four damp-growing trees of the "elm" breed with a volume of 0.44 m? in the amount of XXXX, one damp-growing tree of the species "bird cherry Maak" with a volume of 0, 006 m? in the amount of XXXX. As a result of the actions FULL NAME1 total environmental damage from illegal felling of four trees of the "ilm", one tree of the "ash", one tree of the "bird cherry Maaka" was XXXX. According to the Decree of the Government of the Russian Federation dated May 08, 2007 No. 273 for calculating the amount of damage, the amount of damage is calculated up to XXXX, respectively overall size damage has been rounded up to XXXX. As a result of illegal felling of trees in the Russian Federation, environmental damage was caused on a large scale, totaling XXXX.

Defendant FULL NAME1 after the presentation by the public prosecutor of the charges brought against her, stated that she does not admit her guilt, however, during the trial she changed her attitude to the charges brought against her, fully admitted her guilt in the act incriminated to her, refused to testify, using Art. 51 of the Constitution of the Russian Federation.

From the read out testimony of the accused FULL NAME1 from DD.MM.YY it follows that in October 2016 year FULL NAME9 hired her to work on the collection of pine nuts. In December 2016, she and FULL NAME9 arrived in the area XXXX, in the forest they found a tent from an awning, where they arranged a parking place. DD.MM.YY at lunchtime, not far from the parking lot, she chose six damp-growing trees with a diameter of 13 to 30 cm, which she sawed down with a chainsaw, sawed into chunks, brought them into the tent and during the day stuck them in a stove-stove. After about a couple of days at the parking lot came the ohotologist FULL NAME7, who found the cut. Approximately DD.MM.YY police officers arrived at the parking lot, to whom she informed that it was she who had committed illegal felling of trees (case file 124-126).

Announced testimony defendant FULL NAME1 confirmed.

In the protocol of surrender from DD.MM.YY FULL NAME1 indicated with her own hand that DD.MM.YY at lunchtime, being in a forest on a site located about 16 km from XXXX, she made an illegal cut of 6 trees, which she used as firewood for heating the tent (p.p. 92-93).

When checking the testimony on the spot DD.MM.YY with the participation of the defender accused FULL NAME1 pointed to the stumps from the trees cut down to her of the breed "ash" and "bird cherry Maaka" (l. D. 111-117).

The court, having examined and evaluated the evidence presented by the prosecution and the defense, considers that the guilt of FULL NAME1 in the commission of a crime is established by the testimony of the representative of the victim FULL NAME13, witnesses FULL NAME7, FULL NAME11, FULL NAME8, read out the testimony of the witness FULL NAME9, protocols investigative actions contained in the materials of the criminal case.

So, the representative of the victim FULL NAME10, interrogated at the hearing, explained that he works as an engineer for the protection and protection of forests in the Ussuriysk branch of KGKU "Primorskoe lesnichestvo", on the basis of the power of attorney of the director of the Forestry Department of the Primorsky Territory, he represents the interests of the Department in arbitration, magistrates' courts and courts general jurisdiction... On the territory of the Ussuriysk urban district, together with police officers and game managers, in autumn and winter 2016, operational and preventive measures "Forest 2016/2017" were carried out. DD.MM.YY a forest user in the 123rd quarter of the Banevurovsky section of the Ussuriysky forestry discovered the "shishkarei" camp. DD.MM.YG ottoved FULL NAME7 revealed illegal logging in 21 division 125 kvartal Eksperimentalnogo uchastkovoj lesnichestvo. DD.MM.YY he organized a raid group of forest protection as part of the senior group of the district forester FULL NAME8, operatives of the OEB and PK OMVD of Russia for g. Ussuriysk FULL NAME11 and FULL NAME20, hunting specialist PROOO "XXXX" FULL NAME7 for patrolling the Banevurovsky district forestry. As a result of patrolling on the territory of 21 block 125 of the Experimental district forestry, the fact of illegal felling of raw trees was revealed. During the inspection of the scene of the incident, examinations and measurements of the stumps were carried out, on the basis of which the volume of trees cut down was determined. District forester FULL NAME24 drew up an act on the discovery of the fact of violation of forest and land legislation. The total environmental damage from illegal logging was XXXX. Statement of claim Department of forestry Primorskiy Kray to recover from FULL NAME1 damage caused by the crime, he supports.

According to the testimony of the witness FULL NAME7 he is a hunting specialist PROOO "XXXX". DD.MM.YY in the 21st division of the 125th quarter of the Experimental district forestry, he found a temporary building, next to which there were 3-4 people who were harvesting cones. He drew attention to the traces of fresh felling of trees near the parking lot of "cones", but did not find out anything, but reported this fact to the police officers and representatives of the Forestry Service. In the afternoon, DD.MM.YY, he, together with police officers and employees of the UF KGKU "Primles", carried out a raid event "Forest-2016/2017" in the field of environmental legislation on the territory of the hunting grounds of the UNPO "XXXX". They arrived at the bivouac located in the 21st section of the 125th block of the Experimental district forestry, where he pointed out to the police officers the traces of fresh felling of trees. The police officers questioned the citizens who were at the place of the bivouac, and found out that the trees were cut down FULL NAME1 for heating the tent.

Witness FULL NAME11, detective of OEB and PK OMVD in Ussuriysk, at the hearing explained that DD.MM.YY he, detective Zaika, employees of KGKU "Primles" and hunting specialist FULL NAME7 carried out a raid event "Les-2016/2017" on the territory of Ussuriysk urban district. As a result of the raid on the territory of the Experimental uchastkovoye lesnichestvo, the fact of illegal felling of six trees in the area of the Shishkarei camp was revealed. The forester, who took part in the preventive measure, found that damp-growing trees had been cut down. In the course of interrogations of citizens, who were at the parking lot, it was found that the trees were cut down FULL NAME1. FULL NAME1 explained to him that she made the felling of trees for heating the tent and pointed to the stumps from the trees, which she sawed down with a chainsaw. FULL NAME1 was taken to the department of the OEB and PK OMVD across g. Ussuriysk, where voluntarily, with my own hand wrote a confession. DD.MM.YY an inspection of the scene was carried out in order to measure the stumps and produce cuts. Was on the scene FULL NAME9 explained that at the time of cutting the trees he was in the forest, then FULL NAME1 told him that she cut down several trees for heating the tent. Also FULL NAME9 and FULL NAME1 explained that the saw, which FULL NAME1 sawed trees, broke.

From the testimony of the witness FULL NAME8 it follows that he works as a district forester in the Ussuri branch of the KGKU "Primorskoe lesnichestvo". DD.MM.YY he, together with the employees of the OEB and the PK OMVD of Russia in Ussuriysk and the game manager FULL NAME7 participated in the operational and preventive measure "Les-2016/2017", as a result of which the fact of illegal felling of trees near the parking lot "shishkarei" ... At the scene were 3-4 people, including FULL NAME1, who explained that she cut down several trees for heating the tent. As a result of examining the cut down trees, from the stumps and remnants of the bark, he found that damp-growing trees had been cut down. On the basis of the stumps and sawdust, he determined that the illegal felling had been carried out 2-3 days before DD.MM.YY. During the inspection of the scene, the stumps were examined and measured. Subsequently forester FULL NAME24 was drawn up a list of stumps and made a preliminary calculation of the damage.

According to the publicized testimony of the witness FULL NAME9 since December 2016, he was on the territory of the Ussuriysk experimental forestry for collecting pine nuts. He lived in a tent with FULL NAME1, who prepared food and kept warm in the tent. DD.MM.YY at 10 o'clock he left to collect pine nuts, returned to the tent at 18 o'clock. FULL NAME1 told him that she cut down six trees for heating the tent. DD.MM.YY he left for XXXX to repair the saw. DD.MM.YY he returned, and FULL NAME1 told, that came police officers who found the felling of trees. According to FULL NAME1, she told the police officers that she cut down the trees. DD.MM.YY police officers arrived, examined and measured the stumps, seized the chainsaw, which FULL NAME1 sawed trees (ld 90-91).

According to act XXXX from DD.MM.YY on the discovery of the fact of violation of forest and land legislation on the territory of the Ussuriyskoye forestry in the Experimental uchastkovoye lesnichestvo, quarter XXXX allotment 21 on the territory rented by the Vepr LLC, as a result of the raid, the fact of illegal cutting of damp-growing wood was discovered (l.d. 4).

According to the calculation, the damage caused as a result of illegal felling of four trees of the "elm" breed, with a total volume of 0.44 m., One tree of the "ash" breed, with a total volume of 0.34 m., One tree of the "bird cherry Maaka" breed, with a total volume of 0 , 06 m., Was XXXX (l.d. 5).

According to the recount sheet of felled raw trees, the diameter of the stump of the ash tree is 28 cm, the diameter of the stump of the Maaka bird cherry tree is 20 cm, the diameters of the stumps of the elm trees are 12 cm, 12 cm, 12 cm, 20 cm (l .d.10).

According to the protocol of the inspection of the scene from DD.MM.YY on the site located in the 21st section of the 125th quarter of the Experimental district forestry, illegal felling of four raw-growing trees of the "elm" breed, one raw-growing tree of the "ash" breed, one raw-growing tree of the "bird cherry" Maaka "(ld 11-15).

According to the protocol of the inspection of the scene from DD.MM.YY, on the site located in the 21st section of the 125th quarter of the Experimental district forestry, a chainsaw made in the PRC in an orange housing without a tire was found and seized, and four saw cuts were seized from the stumps of damp trees of the "ilm ", One saw cut from the stump of a raw-growing tree of the" ash "breed, one saw cut from the stump of a raw-growing tree of the" bird cherry Maak "breed (ld 16-20).

Chainsaw, stump cuts were examined, recognized as material evidence, attached to the criminal case (134-136, 137).

Evaluating the evidence presented by the parties, from the point of view of reliability and sufficiency, the court considers that the guilt of the defendant FULL NAME1 in the commission of the crime was confirmed during the trial.

The court regards the position of the defendant FULL NAME1, who initially denied her involvement in the illegal felling of trees, as a way of protection, chosen by the defendant. The circumstances of the crime, set out in the verdict, are confirmed by the testimony of the accused FULL NAME1 from DD.MM.YY, which are consistent with the testimony of the victim interrogated at the hearing FULL NAME13, witnesses FULL NAME7, FULL NAME8, FULL NAME11, announced in accordance with part 1 of Art. 281 Code of Criminal Procedure of the Russian Federation with the testimony of a witness FULL NAME9.

The interrogation of the accused FULL NAME1 DD.MM.YY was carried out with the participation of a defender, the interrogation protocol FULL NAME1 was drawn up in the procedural form prescribed by law, before the start of the interrogation FULL NAME1 explained her right to refuse to testify, while FULL NAME1 was warned in writing that with her consent to testify they can be used as evidence in a criminal case, including the subsequent rejection of these testimonies.

The fact of illegal felling of forest plantations is objectively confirmed by the protocols of the inspection of the scene, the protocol of checking the testimony of FULL NAME1 on the spot.

Based on the circumstances established by the court, the court qualifies the actions FULL NAME1 under paragraph. "G" h. 2 Article. 260 of the Criminal Code of the Russian Federation - illegal felling of forest plantations, on a large scale.

The amount of damage in the amount XXXX is established in accordance with the Taxes calculated for damage caused to forestry, approved by Resolution Government of the Russian Federation dated May 8, 2007 No. 273, which, according to the Note to Art. 260 of the Criminal Code of the Russian Federation, is a large size.

When deciding on the sentencing of the defendant, the court in accordance with Art. Art. 60-63 of the Criminal Code of the Russian Federation takes into account the nature of the offense, the degree of its social danger, the motives and methods of committing criminal acts, the specific circumstances of the case, along with data on the personality of the defendant, the circumstances mitigating and aggravating the punishment, as well as the effect of the imposed punishment on the correction of the convicted person.

FULL NAME1 not convicted, registered with a narcologist and psychiatrist is not a member, at the place of residence is characterized satisfactorily.

Circumstances mitigating punishment, the court in accordance with Art. 61 h. 1 p. "And" and p. "G" of the Criminal Code of the Russian Federation recognizes the appearance of FULL NAME1 with guilt, active contribution to the disclosure and investigation of the crime, the presence of a young child.

The court has not established any aggravating circumstances.

Taking into account the factual circumstances of the crime and the degree of its social danger, information about the personality of the defendant, the court finds no grounds for changing the category of the crime to a less serious one by virtue of Part 6 of Art. 15 of the Criminal Code of the Russian Federation.

Also, the court did not establish the circumstances allowing the defendant to be released from criminal liability or from the imposed punishment in accordance with the provisions of Chapters 11, 12 of the Criminal Code of the Russian Federation.

Taking into account the above, the court, taking into account the public danger committed crime, data on the personality of the defendant, the impact of the imposed punishment on the correction of the convicted, comes to the conclusion about the appointment FULL NAME1 punishment in accordance with the requirements provided for h. 1 Article. 62 of the Criminal Code of the Russian Federation, in the form of imprisonment without a fine and without deprivation of the right to engage in certain activities, with the application of Art. 73 of the Criminal Code of the Russian Federation - conditional conviction, which, according to the court, will achieve the goals of punishment, will serve to correct, re-educate the convict and prevent the commission of new crimes.

According to Art. 1064 of the Civil Code of the Russian Federation, harm caused to the person and property of citizens is subject to compensation in full by the person who caused the harm.

Having considered civil action, declared by the Forestry Department of the Primorsky Territory, to recover from FULL NAME1 XXXX, the court finds it subject to satisfaction in full.

Decide on material evidence in accordance with Art. 81 of the Criminal Procedure Code of the Russian Federation.

Based on the above, guided by art. Art. 307, 308 and 309 of the Code of Criminal Procedure of the Russian Federation, court

P R AND G O V O R AND L:

Recognize FULL NAME1 guilty of committing a crime under paragraph. "G" h. 2 Article. 260 of the Criminal Code of the Russian Federation, and impose a sentence of 1 (one) year in prison.

By virtue of Art. 73 of the Criminal Code of the Russian Federation appointed by FULL NAME1 punishment in the form of imprisonment shall be considered a conditional conviction with a probationary period of 1 (one) year.

To oblige the convicted FULL NAME1 within ten days after the entry into force of the verdict to register and once a month on the set day to appear in a specialized government agency, carrying out the correction of the convicted person, for registration, not to change the place of residence without notifying the indicated authority.

Preventive measure FULL NAME1 in the form of detention cancel, releasing her from custody in the courtroom.

Collect from FULL NAME1 in favor of the Forestry Department of Primorsky Krai XXXX.

Upon the entry into force of the verdict, the material evidence stored in the chamber of material evidence of the OMVD of Russia in the city of Ussuriysk: cuts from stumps - to destroy, the chainsaw - to return FULL NAME9

The verdict of the Ussuriysk District Court of the Primorsky Territory dated August 09, 2017 on paragraph "c" of part 2 of Article 260 of the Criminal Code of the Russian Federation "illegal felling of forest plantations, on a large scale" can be appealed against in appeal to the judicial board for criminal cases of Primorsky regional court through the Ussuriyskiy District Court within 10 days from the date of proclamation.

Explain to the convicted person the right to invite a defense attorney in criminal cases to participate in the consideration of a criminal case by a court appellate instance, the right to refuse a defender in criminal cases, the right to petition the court for the appointment of a defender in the cases provided for by the Criminal Procedure Code of the Russian Federation.

1. Illegal felling, as well as damage to the point of stopping the growth of forest plantations or trees, shrubs, lianas not classified as forest plantations, if these acts are committed in a significant amount, -

are punished with a fine of up to five hundred thousand rubles or in the amount of wages or other income of the convicted person for a period of up to three years, or compulsory works for up to four hundred and eighty hours, or correctional labor for up to two years, or compulsory labor for up to two years with a fine in the amount of one hundred thousand to two hundred thousand rubles or in the amount of the convicted person's salary or other income for a period from one year to eighteen months or without, or imprisonment for a term of up to two years with or without a fine in the amount of one hundred thousand to two hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period from one year to eighteen months.

2. Illegal felling, as well as damage to the point of stopping the growth of forest plantations or trees, shrubs, vines not classified as forest plantations, if these acts are committed:

a) by a group of persons;

b) has lost its force;

c) by a person using his official position;

d) on a large scale, -

shall be punishable by a fine in the amount of five hundred thousand to one million five hundred thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of three to four years, or by compulsory labor for a term of up to four years, with a fine in the amount of one hundred and fifty thousand to three hundred thousand rubles or in the amount of the wage or other income of the convicted person for a period from eighteen months to two years or without such and with the deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years or without, or imprisonment for a term of up to four years with a fine in the amount of one hundred and fifty thousand to three hundred thousand rubles or in the amount of the salary or other income of the convicted person for a period from eighteen months to two years or without it and with the deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years or without it.

3. Acts, foreseen in parts the first or second of this article, committed on an especially large scale, by a group of persons by prior conspiracy, or organized group, —

shall be punishable by a fine in the amount of one million to three million rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of four to five years, or by compulsory labor for a term of up to five years, with a fine in the amount of three hundred thousand to five hundred thousand rubles, or in the amount of salary or other income of the convicted person for a period of two to three years or without it and with the deprivation of the right to hold certain positions or engage in certain activities for up to three years or without, or imprisonment for up to seven years with a fine of three hundred thousand to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of two to three years or without it and with the deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years or without it.

Note... Significant size in this article the damage caused to forest plantations or trees, shrubs and lianas not classified as forest plantations, calculated according to the rates and methods approved by the Government of the Russian Federation, exceeding five thousand rubles, is recognized as a large amount - fifty thousand rubles, an especially large amount - one hundred and fifty thousand rubles.

Commentary on Art. 260 of the Criminal Code of the Russian Federation

1. Immediate object crimes - public relations in the field of protection and rational use of forest plantations or trees, shrubs and lianas not classified as forest plantations.

Relations regarding the use and protection of forest and other plantations are regulated by the Law on the Protection the environment, OK, legal acts Russian government, constituent entities of the Russian Federation and authorities local government, adopted within their competence, as well as civil and land legislation.

2. The subject of the crime is forest plantations, i.e. trees, shrubs and vines growing in forests (Art. 16 LK), as well as trees, shrubs and lianas not classified as such.

Forests are located on the lands of the forest fund, which are in federal ownership (Art. 3 of the Federal Law of 04.12.2006 N 201-FZ "On the enforcement of the Forest Code of the Russian Federation"), and lands of other categories. The latter should include the land of transport, settlements(settlements), land water fund and others. The boundaries of forest lands and lands of other categories on which forests are located are determined in accordance with forest, land legislation and legislation on urban planning.
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SZ RF. 2006. N 50. Art. 5279.

In accordance with Art. 5 LK forest is regarded as ecological system And How natural resource... Taking this into account, trees and shrubs (fruit, berry, etc.) growing on agricultural lands, with the exception of forest protection lands, on household plots, summer cottages and garden plots, windfall trees, windbreak trees, etc., are not the subject of a crime, unless otherwise provided by special legal acts.

The commented article establishes responsibility for illegal felling of trees, shrubs and lianas that are in their natural state, which have grown by themselves, as well as those planted by humans to replenish forest and non-forest plant resources. Taking possession of trees cut down and prepared for storage, sale or export by other persons is qualified as theft of property (clause 21 of the Resolution of the Plenum of the RF Armed Forces of 18.10.2012 N 21).

Theft is felling with the aim of taking possession of artificially grown fruit and ornamental trees and shrubs in tree nurseries, fruit nurseries and similar places, since in these cases trees and shrubs are products commodity production, are harvested for sale and perform economic rather than environmental functions.

Cutting of protective and planting plantations not included in the state forest fund on defense lands, transport, water resources and lands of other categories is qualified as illegal felling of forest plantations.

Based on the nature conservation, economic, ecological and social significance, forests located on the lands of the forest fund are divided according to their intended purpose into protective, operational, and reserve (Art. 10 LK). Forests located on lands of other categories can be classified as protective. The peculiarities of the protection, use, reproduction of forests of these categories and the content of forest categories are set out in Art. Art. 102 - 109 LK.

3. From the objective point of view, the crime is illegal felling, as well as damage to forest plantations and trees, shrubs, vines, not classified as such.

The LK recognizes the felling of forest plantations as “the processes of cutting them down, cutting them down” (Art. 16). However, within the meaning of the commented article, any other method of separating a tree, shrub, or liana from the ground (uprooting, weeding, pulling, etc.) should be considered as cutting. Types of felling, types of plantations allowed for felling are determined by Art. Art. 16, 17 LK.

The procedure for cutting forest plantations is determined by the rules of timber harvesting, the rules of sanitary and fire safety in the forests, the rules of forest care (part 2 of article 16 of the LC).

The use of forests, which is entrepreneurial activity, carried out on the lands of the forest fund by persons registered in the Russian Federation in accordance with the Federal Law of 08.08.2001 N 129-FZ "On state registration legal entities and individual entrepreneurs"(As amended on 12/29/2012) (part 3 of article 25 of the LC). The types of forests in which entrepreneurial activity is allowed, and the total volumes of wood allowed for felling are established by Art. 29 LK. The list of species of trees and shrubs, the harvesting of which is not allowed, is established by the Government of the Russian Federation.
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SZ RF. 2001. N 33 (part 1). Art. 3431; 2003. N 26. Art. 2565; N 50. Art. 4855; No. 52 (part 1). Art. 5037; 2004. N 45. Art. 4377; 2005. N 27. Art. 2722; 2007. N 7. Art. 834; No. 30. Art. 3754; No. 49. Art. 6079; 2008. N 18. Art. 1942; No. 30 (part 2). Art. 3616; No. 44. Art. 4981; 2009. N 1. Art. 19, 20, 23; N 29. Art. 3642; No. 52 (part 1). Art. 6428; 2010. N 21. Art. 2526; N 31. Art. 4196; No. 49. Art. 6409; No. 52 (part 1). Art. 7002; No. 27. Art. 3883; RG. 2011. No. 159; SZ RF. 2011. N 49 (part 5). Art. 7061; 2012. N 14. Art. 1553; N 31. Art. 4322.

Legal entities and citizens can harvest timber on the basis of lease agreements for forest plots, and in the case of harvesting without providing forest plots, on the basis of agreements for the sale and purchase of forest stands. The procedure for granting forest plots for use by citizens and legal entities determined by Art. Art. 71 - 80 LK. Logging by citizens for heating, construction and other own needs carried out on the basis of contracts for the sale of forest plantations (Art. 30 LK). The procedure and standards for such blanks are established by the laws of the constituent entities of the Russian Federation.

Felling of plantations not in accordance with the stated requirements is illegal.

Cutting is illegal, even if there is a permit document, but in violation of the conditions specified in it: not produced in the allotted area, in the wrong quantity, of the wrong tree species, which are indicated in the document, before or after the terms specified in it, trees , shrubs and lianas prohibited for felling, or after a decision has been made to suspend, restrict or terminate the activities of a forest user or the right to use a plot of forest resources.

Criminal damage to forest plantations and trees, shrubs and vines that are not classified as such is considered damage to the point of cessation of their growth, i.e. leading to death.

The crime is recognized as finished from the moment of complete separation of a tree, shrub or liana from the root, or from the moment of their damage to the degree of cessation of growth, if these acts were committed in a significant amount (5,000 rubles).

From the note. to the commented article it follows that the size of the felling is identified with the damage caused to forest plantations and trees, shrubs and lianas not attributed to them. For part 1 of Art. 260 of the Criminal Code is a significant size, and therefore, the composition is formulated as material.

When determining the size of felling or damage, it should be borne in mind that the Decree of the Government of the Russian Federation of 05/08/2007 N 273 "On calculating the amount of damage caused to forests due to violation of forest legislation" (as amended on November 26, 2007) approved the Taxes for calculating the amount of damage , caused to forest plantations or trees, shrubs and lianas not classified as forest plantations, due to violation of forest legislation, timber harvesting of which is allowed (Appendix N 1), and Taxes for calculating the amount of damage caused to trees and bushes, timber harvesting of which is not allowed (Appendix N 2), as well as the Methodology for calculating the amount of damage caused to forests, including forest plantations, or trees, shrubs and vines not classified as forest plantations due to violation of forest legislation (Appendix No. 3), and Taxes for calculating the amount of damage caused to forests due to violations of forestry legislation, with the exception of damage, causes trees, shrubs and vines not classified as forest plantations (Appendix N 4). When calculating damage caused by illegal felling or damage to trees and shrubs, the logging of which is not allowed, now one should be guided only by centrally approved rates, without taking into account regional norms, since in Appendix No. 2 of the said Resolution they are set out in relation to each subject of the Russian Federation. We believe that when determining the size of illegal logging, as well as when determining damage due to illegal extraction of aquatic animals and plants and illegal hunting, one should take into account not only economic damage but also environmental damage.
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SZ RF. 2007. N 20. Art. 2437; No. 49. Art. 6167.

See: Zhevlakov E.N. On calculating the amount of damage caused by illegal felling of trees and shrubs // Legality. 2002. N 10.

It is mandatory to establish a causal link between illegal logging or damage to the subject of crime and a significant amount of damage.

4. The subject of the crime is sane individual who has reached the age of 16.

5. On the subjective side, the crime in question is committed with direct intent. The felling person is aware public danger of their actions, foresees that they will cause damage in a significant amount, and wants the onset of these consequences. The motives of the crime do not matter for qualification.

6. Qualifying attributes in part 2 of the commented article:

- a group of persons (item "a") (see comments to article 35);

- a person using his official position (item "c"). It is understood as officials government agencies, organizations (forestry enterprises, forest management bodies, forest protection bodies, etc.), as well as heads of economic entities of other forms of ownership and their structural units using the forest fund or performing any work;

- large size (item "g") (50 thousand rubles).

Officials or persons performing managerial functions in non-governmental organizations, by order of which illegal felling of forest plantations is carried out during logging, as well as when laying routes for pipelines, power lines, exploration, construction and other works, if there are signs of corpus delicti, are liable only for Part 2 of the commented article. Qualifications under Art. Art. 201 and 285 of the Criminal Code are not required in aggregate.

7. Part 3 of the commented article provides especially qualifying features:

- especially large size (150 thousand rubles);

- a group of persons in a preliminary conspiracy or an organized group (see comments to Art. 35).

8. Illegal felling of forest plantations should be delimited from administrative misconduct provided for by Art. Art. 8.25, 8.28, 11.21 of the Administrative Code.

The difference between offenses under Art. 8.25 of the Administrative Code, and the crime is that the types of forest use provided for in it, including felling, are carried out on the basis of legally obtained permits, but in violation of the conditions specified in them. The commented article assumes illegal felling of forest and other plantations in the presence of the composition signs indicated in it.

Article 8.28 of the Administrative Code applies if the acts indicated in it do not contain signs of a crime: significant amount, by a group of persons, etc. The offenses specified in Art. 11.21 of the Administrative Code, they differ from those discussed above in the place of their commission, and from criminal illegal logging (Art. 260 of the Criminal Code) on the same grounds of composition as the acts specified in Art. 8.28 of the Administrative Code.

Illegal felling of forest plantations (Article 260 of the Criminal Code of the Russian Federation)

From 1997 to 2016, the following number of crimes under Art. 260 of the Criminal Code of the Russian Federation (see Table 29).

Table 29

Individuals were brought to justice for these crimes (see Table 30).

Table 30

As can be seen from the above statistics, this crime is one of the most widespread, in some years it accounts for up to a third of all registered environmental crimes, and is characterized by a fairly high latency. Its social danger is due to a number of circumstances: forests are of great national economic importance, play an important role in foreign trade, protect fertile soils from destruction, help improve the climate and water regime, are, as they say, the “lungs” of the planet. The Constitutional Court of the Russian Federation in its ruling of January 9, 1998 No. 1 -P "In the case of checking the constitutionality of the Forest Code of the Russian Federation" indicated: "the forest fund - in view of its vital multifunctional role and significance for society as a whole, the need to ensure sustainable development ( balanced development of the economy and improvement of the environment natural environment in the context of the growing global ecological significance of Russian forests and the implementation of the corresponding international obligations), as well as the rational use of this natural resource in the interests of the Russian Federation and its subjects - is a public property of the multinational people of Russia and as such is federal property of a special kind and has a special legal regime ”1.

The object of the crime is environmental Safety forest plantations as a component of the environment.

The subject of the crime in the law is designated in two ways: first, the generalized concept of "forest plantations" is used; secondly, specific concepts are used - trees, shrubs, vines.

Forest plantations are a collection of plants, consisting of stand, undergrowth, undergrowth and living ground cover, characterized by homogeneous forest conditions and a certain internal structure. They are the main territorial units of the forest. Consequently, forest stands are part of the forest.

In the legislation, the concept of a forest is revealed in different ways. According to the Forest Code of the Russian Federation, forest is understood, firstly, as an ecological system and, secondly, as a natural resource (Art. 5). In the Federal Law "On Environmental Protection", the forest is considered as one of the varieties of natural objects, defined as a natural ecological system, natural landscape and constituent elements that have preserved their properties. “Due to the duality of the concept of“ forest ”in the regulation of relations ... in those cases when the forest is considered as an ecosystem, the ecological factor prevails ... if we are talking about the forest as a natural resource, then the forest is considered as an economic category ... ".

Forests are located on lands of the forest fund and lands of other categories. Forest plots within the forest fund lands are in federal ownership. Forms of ownership of land plots in the composition of land of other categories are determined in accordance with land legislation.

According to Art. 10 of the Forest Code of the Russian Federation, forests located on the lands of the forest fund, according to their intended purpose, are divided into protective, operational and reserve. Forests located on lands of other categories can be classified as protective forests.

Taking into account the peculiarities legal regime Protective forests are categorized as follows:

1) forests located in specially protected natural areas;
2) forests located in water protection zones;
3) forests that perform the functions of protecting natural and other objects (forests located in zones 1 and 2 of zones of sanitary protection of sources of drinking and household water supply; protective zones of forests located along railway tracks general use, federal public highways, public highways owned by the constituent entities of the Russian Federation; green areas, forest parks; urban forests; forests located in zones 1, 2 and 3 of the districts of sanatorium (mountain-sanatorium) protection of health-improving areas and resorts; valuable forests; state protective forest belts; anti-erosion forests; forests located in desert, semi-desert, forest-steppe, forest-tundra zones, steppes, mountains; forests with scientific or historical meaning; walnut-harvesting zones; forest fruit plantations; tape burs). Particularly protected areas of forests include: bank protection, soil protection areas of forests located along water bodies, ravine slopes; forest edges bordering treeless spaces; permanent forest seed plots; forest areas with relict and endemic plants; habitats of rare and endangered wild animals; other specially protected areas of forests.

In protective forests and in especially protective forest areas, it is prohibited to carry out activities incompatible with their intended purpose and useful functions.

Operational forests are those that are subject to development for the sustainable, most efficient production of high-quality wood and other forest resources, products of their processing, while ensuring the preservation of their useful functions. The classification of forests as operational and the establishment of their boundaries is carried out by the authorities state power and local governments.

Forests are considered reserve if they are not planned to harvest timber for 20 years.

Trees, shrubs and lianas that are rare and endangered species and are listed in the red books of the Russian Federation or subjects of the Russian Federation are prohibited from felling. According to the List of species (breeds) of trees and shrubs, the harvesting of wood of which is not allowed (approved by order of the Federal Forestry Agency of December 5, 2011 No. 513), felling of 50 species (species) of trees is prohibited (Karelian birch, Maksimovich birch, Radde birch, Schmidt birch , zelkova, toothed oak, curly oak, sowing chestnut, etc.) and 6 types of shrubs (Tolmachev's honeysuckle, Wright's viburnum, Colchis klekachka, feathery klekachka, Sugeroki's holly, serrate-leaved exochord).

Trees and shrubs growing on agricultural lands, with the exception of forest shelter plantations, in private summer cottages and garden plots, windfall trees, windbreak trees, etc., are not the subject of the crime under consideration, unless otherwise provided by special legal acts.

Taking possession of trees cut down and prepared for storage, sale or export by other persons should not be qualified under Art. 260 of the Criminal Code of the Russian Federation, but as theft of someone else's property.

As already mentioned, trees, shrubs, and lianas, which are not related to glued plantings, are also named as the subject of the crime. A tree is understood as the life form of woody plants with a single, distinctly expressed, perennial, lignified to varying degrees, persisting throughout life, branched (except for palm trees) main axis - the trunk 1. In the literature, there are also simpler definitions, for example, a tree is a tall plant with a hard trunk, branches and leaves.

Shrub - perennial woody plants with a height of 0.8-6 m, unlike trees, do not have a main trunk in an adult state (it has several stems, often existing side by side and replacing each other). In forests, as a rule, they form undergrowth, i.e. a group of plants growing in the shade of trees that form a tree canopy. Life expectancy is 10-20 years.

Liana is a woody and herbaceous climbing or climbing plant that uses other plants, rocks, buildings, etc. as a support, there are more than 2000 species.

The plenum The Supreme Court RF in the decree "On the application of legislation to courts of law on liability for violations in the field of environmental protection and nature management" also recommended recognizing the subject of crimes under Art. 260 and 261 of the Criminal Code of the Russian Federation, forest plantations, i.e. trees, shrubs and vines growing in forests, and trees, shrubs and vines growing outside forests (for example, plantings in parks, alleys, trees planted separately within the city, plantings in the right-of-way of railways and highways or canals). At the same time, it does not matter whether forest plantations are planted or trees, shrubs, vines not classified as forest plantations are artificially planted or they have grown without purposeful human efforts.

They do not belong to the subject of these crimes, in particular, trees, shrubs and vines growing on agricultural land (with the exception of forest plantations intended to ensure the protection of land from the effects of negative (harmful) natural, anthropogenic and man-made phenomena), on household land plots, on land plots provided for individual housing, garage construction, personal subsidiary and suburban farming, gardening, livestock and truck farming, in tree nurseries, nurseries of fruit, berry, ornamental and other crops, as well as windblown, windbreak, dead trees, if otherwise not provided for by special regulatory legal acts. Felling of these plantations, as well as their destruction or damage, if any prescribed by law grounds can be qualified as theft or destruction or damage to property.

From the objective point of view, the crime in question can be committed by:

1) illegal logging;
2) damage to the degree of cessation of the growth of forest plantations or trees, shrubs and lianas not classified as forest plantations.

According to Art. 16 of the Forest Code of the Russian Federation, "felling of forest stands (trees, shrubs, lianas in forests) is recognized as the processes of felling (including cutting, felling, cutting), as well as technologically related processes (including skidding, partial processing, storage of wood in the forest). ) ". In fact, this concept is also applicable to illegal felling of trees, shrubs and vines that are not classified as forest plantations.

Cutting is allowed in relation to:

1) ripe, over-mature forest plantations;
2) middle-aged, ripening, ripe during the felling of dead and damaged forest plantations, forest care;
3) forest plantations of any age on forest sites intended for the construction, reconstruction and operation of forestry and processing infrastructure facilities, etc. (Articles 13, 14 and 21 of the Forest Code of the Russian Federation).

According to clause 16 of the resolution of the Plenum of the Supreme Court of the Russian Federation "On the application to courts of legislation on liability for violations in the field of environmental protection and natural resource use" cutting them down, chopping down or cutting, that is, separating the tree trunk, bush stem and liana from the root in various ways.

It is illegal to cut these plantations in violation of the requirements of the legislation, for example, cutting forest plantations without registration required documents(in particular, a lease agreement, a decision on the provision of a forest plot, a forest development project that has received a positive conclusion of the state or municipal expertise, a sale and purchase agreement for forest plantations, a state or municipal contract for the performance of work on the protection, protection, reproduction of forests), or volume exceeding the permitted one, either in violation of the species or age composition, or outside the cutting area ... A lease agreement for a forest plot or a decision to grant a forest plot on other rights for timber harvesting or other types of forest use is not a sufficient legal basis for forest felling plantings. In particular, the felling of forest plantations by the lessee of a forest plot is considered illegal in cases where such a person does not have documents for felling forest plantations on the leased plot (for example, a forest development project that has received a positive conclusion of the state or municipal expertise) or trees have been cut down, the felling of which was not envisaged by the forest development project or was carried out in violation of the terms. "

Damage to the point of cessation of growth of forest plantations or trees, shrubs and vines not related to glued plantations includes such damage that irreversibly disrupts the plant's ability to continue growing (for example, breaking a tree trunk, crumbling crown, peeling bark) Damage can be on collision vehicle on plantings, felling other trees, moving harvested timber, arranging parking lots and warehouses, erecting utility structures, etc.

The question of the composition of the crime in question by design is controversial. In our opinion, it is formal, the crime is considered completed from the moment:

1) felling, i.e. complete separation of a tree, shrub or liana from the root;
2) damaging them to the point of cessation of growth (death).

Recognizing it as material is erroneous. In Art. 260 of the Criminal Code of the Russian Federation, a significant amount characterizes the act, not the consequence of the crime.

In accordance with the footnote to Art. 260 of the Criminal Code of the Russian Federation, a significant amount is recognized as damage caused to forest plantations or not attributed to them trees, shrubs and vines, calculated according to the rates approved by the Government of the Russian Federation, exceeding 5,000 rubles.

The actions of a person who has committed illegal felling of plantations, and then disposed of the timber at his own discretion, do not require additional qualifications under the articles of the Special Part of the Criminal Code of the Russian Federation on liability for theft of other people's property. Illegal seizure of wood harvested by other persons is qualified as theft of someone else's property.

Subjective side characterized by a deliberate form of guilt (intent - direct). The motives of the crime do not matter for qualification, but, as a rule, mercenary ones prevail, which must be taken into account when determining the type and amount of punishment.

The subject of the crime is a person who has reached the age of 16.

If a person has committed illegal felling of forest plantations using another person who is not subject to criminal liability due to age, insanity or other circumstances (including in connection with the termination of a criminal case against this person due to the absence of corpus delicti in the act), he should be prosecuted responsibility as the perpetrator of the crime under Art. 260 of the Criminal Code of the Russian Federation.

From administrative offense, under Art. 8.28 of the Code of Administrative Offenses of the Russian Federation, the crime in question is mainly distinguished by the fact that, firstly, the objective side of the administrative-legal tort is formulated more broadly, it also includes the digging of trees, shrubs or lianas, forest crops, young growth of natural origin, undergrowth or self-seeding in forests or seedlings and seedlings in forest nurseries or plantations; secondly, for the offensive administrative responsibility the commission of an act in a significant amount is not required.

Part 2 of Art. 260 of the Criminal Code of the Russian Federation provides for the following qualifying features:

1) the commission of the crime in question by a group of persons;
2) by a person using his official position;
3) on a large scale.

The concept of "a group of persons" must be determined taking into account the provisions of Art. 35 of the Criminal Code of the Russian Federation. The sign “the commission of a crime by a person using his official position” is revealed when analyzing the corpus delicti under Art. 256 of the Criminal Code of the Russian Federation. A crime is recognized as committed on a large scale if the damage calculated according to the relevant taxes exceeds 50 thousand rubles.

The Plenum of the Supreme Court of the Russian Federation in the resolution "On the application of legislation on liability for violations in the field of environmental protection and natural resource use to courts" gave the following clarifications on the application of these qualifying signs: " Criminal liability under paragraphs "a" and "c" of part 2 of Article 260 of the Criminal Code of the Russian Federation occurs regardless of whether illegal felling of forest stands or trees, shrubs and lianas not related to glued plantations has been committed ”.

Criminal liability comes under Part 3 of Art. 260 of the Criminal Code of the Russian Federation in case of illegal felling or damage to forest plantations or trees, shrubs or vines not attributed to them, committed on an especially large scale, by a group of persons by prior conspiracy or by an organized group.

The qualifying signs "a group of persons by prior agreement" and "an organized group" have the same content as the signs of the same name in other crimes (see also Article 35 of the Criminal Code of the Russian Federation).

When qualifying illegal logging by an organized group (part 3 of Art. 260 of the Criminal Code of the Russian Federation), it should be borne in mind that an organized group is understood as a stable group of two or more persons who have united in advance to commit one or more crimes. The stability of an organized group can be evidenced by the presence of an organizer (leader), a long time interval of its existence, the repeated commission of crimes by members of the group, their technical equipment, the distribution of roles between them, the duration of preparation of even one crime, as well as other circumstances (for example, special training of participants in an organized groups).

The actions of all members of the organized group who took part in the preparation or in the commission of illegal felling of plantations, regardless of their actual role, should be qualified under Part 3 of Art. 260 of the Criminal Code of the Russian Federation without reference to Art. 33 of the Criminal Code of the Russian Federation.

In the footnote to Art. 260 of the Criminal Code of the Russian Federation, an especially large amount is defined as damage exceeding 150 thousand rubles.

SZRF. 1998. No. 3. Article 429.
See: Encyclopedia of Forestry: in 2 volumes.Vol. 2.M., 2006. P. 257.
Resolution The Constitutional Court RF dated June 2, 2015 No. 12-P "In the case of revision of the constitutionality of part 2 of Article 99, part 2 of Article 100 of the Forest Code of the Russian Federation and the provisions of the Resolution of the Government of the Russian Federation" On the calculation of the amount of damage caused to the forest as a result of violation of forest legislation "in connection with with the complaint of the limited liability company “Zapolyar-Neft” "// SZ RF. 2015. No. 24. Art. 3547.

Illegal felling, as well as damage to the extent of stopping the growth of forest plantations or trees, shrubs, lianas not attributed to forest plantations, if these acts are committed in a significant amount, - shall be punishable by a fine in the amount of up to five hundred thousand rubles or in the amount of the wage or other income of the convicted person. for a period of up to three years, either compulsory labor for up to four hundred and eighty hours, or corrective labor for up to two years, or compulsory labor for up to two years with a fine in the amount of one hundred thousand to two hundred thousand rubles or in the amount of wages, or other income of the convicted person for a period from one year to eighteen months or without it, or imprisonment for a term of up to two years with a fine in the amount of one hundred thousand to two hundred thousand rubles or in the amount of the wage or other income of the convicted person for a period from one year to eighteen months or not.

Part 2 of Art. 260 of the Criminal Code of the Russian Federation

Illegal felling, as well as damage to the point of stopping the growth of forest plantations or trees, shrubs, vines not classified as forest plantations, if these acts are committed:

a) by a group of persons;

b) has lost its force. - Federal Law of 08.12.2003 N 162-FZ;

c) by a person using his official position;

d) on a large scale, - shall be punishable by a fine in the amount of five hundred thousand to one million five hundred thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of three to four years, or by compulsory labor for a term of up to four years with a fine in the amount of one hundred and fifty thousand to three hundred thousand rubles or in the amount of the wage or other income of the convicted person for a period from eighteen months to two years or without it and with the deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years or without, or imprisonment for a period of up to four years with a fine in the amount of one hundred and fifty thousand to three hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period from eighteen months to two years or without it and with the deprivation of the right to hold certain positions or engage in certain activities for a period up to three years or without.

Part 3 of Art. 260 of the Criminal Code of the Russian Federation

Acts provided for in the first or second part of this Article, committed on an especially large scale, by a group of persons in a preliminary conspiracy, or by an organized group, - shall be punishable by a fine in the amount of one million to three million rubles, or in the amount of the wage or other income of the convicted person for a period of four up to five years, or forced labor for up to five years with a fine in the amount of three hundred thousand to five hundred thousand rubles or in the amount of the convict's wages or other income for a period of two to three years or without it and with the deprivation of the right to hold certain positions, or engage in certain activities for up to three years or without, or imprisonment for up to seven years with a fine in the amount of three hundred thousand to five hundred thousand rubles or in the amount of the convicted person's salary or other income for a period of two to three years or without it and with the deprivation of the right to hold certain positions or engage in certain activities for up to three years or not.

Note.

A significant amount in this article is recognized as damage caused to forest plantations or trees, shrubs and vines not classified as forest plantations, calculated according to the rates and methods approved by the Government of the Russian Federation, exceeding five thousand rubles, large amount - fifty thousand rubles, especially large amount - one hundred fifty thousand rubles.

Commentary on Art. 260 of the Criminal Code of the Russian Federation

Commentary edited by G.A. Esakov

1. The subject of the crime is forest plantations, i.e. trees, shrubs and lianas growing in forests, as well as trees, shrubs and vines growing outside forests (for example, plantings in parks, alleys, trees planted separately within the city, plantations in the right-of-way of railways and highways or canals). At the same time, it does not matter whether forest plantations are planted or trees, shrubs, vines not classified as forest plantations are artificially planted or they have grown without purposeful human efforts.

They do not belong to the subject of a crime, in particular, trees, shrubs and vines growing on agricultural land (with the exception of forest plantations intended to ensure the protection of land from the effects of negative (harmful) natural, anthropogenic and man-made phenomena), on household plots, on land plots provided for individual housing, garage construction, personal subsidiary and dacha farming, gardening, livestock and truck farming, in tree nurseries, nurseries of fruit, berry, ornamental and other crops, as well as windfall, windbreak, dead trees, unless otherwise provided by special regulatory legal acts. The felling of these plantings, as well as their destruction or damage, if there are grounds for doing so, may be qualified as theft or destruction or damage to property.

2. The objective side is expressed in illegal felling, as well as damage to the point of stopping the growth of forest plantations or trees, shrubs, vines not classified as forest plantations.

3. It is illegal to cut these plantations in violation of the requirements of the law, for example, cutting forest plantations without the preparation of the necessary documents (in particular, a lease agreement, a decision on the provision of a forest plot, a forest development project that has received a positive conclusion of the state or municipal expertise, a sale and purchase agreement for forest plantations, a state or municipal contract for the performance of work for the protection, protection, reproduction of forests) either in an amount exceeding the permitted one, or in violation of the species or age composition, or outside the cutting area.

4. The crime is considered completed from the moment of committing any of the listed acts.

5. An obligatory feature is the amount of the committed act. A significant amount is the damage caused to forest plantations or trees, bushes and lianas not classified as forest plantations, calculated according to the rates and methods approved by the Government of the Russian Federation, exceeding 5 thousand rubles.

Commentary on Article 260 of the Criminal Code of the Russian Federation

Commentary edited by A.I. Rarog

1. The subject of the crime is forest plantations, as well as trees, shrubs and vines that do not belong to forest plantations.

2. Illegal felling should be understood as the felling of trees, shrubs and lianas without a logging ticket, an order, or felling under a logging ticket, an order issued in violation current regulations felling, as well as felling carried out on the wrong site or beyond its boundaries, in excess of the established amount, of the wrong species or not subject to felling of trees, shrubs and vines, as indicated in the felling ticket, order, before or after set in the felling ticket or order terms of felling, felling of trees, shrubs and lianas prohibited for felling by the relevant regulatory legal acts, or after a decision was made to suspend, restrict or terminate the activities of a forest user or the right to use a plot of forest resources (clause 11 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of November 5, 1998 . N 14).

Damage to the point of cessation of growth can manifest itself in fragmentation, destruction of a part of the plant (root system, branches, etc.), etc., which disrupts the ability of trees, shrubs and vines to continue growing.

3. The crime is considered completed from the moment: a) felling, ie. complete separation of a tree, shrub or liana from the root; b) damaging them to the point of cessation of growth (death).

4. A significant amount is the damage caused to forest plantations or to trees, shrubs and vines not attributed to them, calculated according to the rates approved by the Government of the Russian Federation, if it exceeds 5 thousand rubles.

5. The subjective side is characterized by a deliberate form of guilt.

6. The subject of the crime is a person who has reached the age of 16.

7. The qualifying feature is the commission of the crime in question: a) by a group of persons (see the commentary to Article 35 of the Criminal Code); b) by a person using his official position (see the commentary to Art. 256 of the Criminal Code); c) on a large scale.

A crime is recognized as committed on a large scale if the damage calculated according to the relevant taxes exceeds 50 thousand rubles.

Criminal liability comes under Part 3 of Art. 260 of the Criminal Code in the event of illegal felling or damage to forest plantations or trees, shrubs or vines not attributed to them, committed on an especially large scale, by a group of persons by prior conspiracy or by an organized group (see commentary to Article 35 of the Criminal Code).

Damage exceeding 150 thousand rubles is recognized as a particularly large amount.

Commentary on Article 260 of the Criminal Code of the Russian Federation

Commentary edited by A.V. Brilliantova

The object of the crime is public relations in the field of protection and rational use of forests and non-forest trees and shrubs.
Relations regarding the use and protection of forest plantations are regulated by the Federal Law of January 10, 2002 N 7-ФЗ "On Environmental Protection", the Forest Code (LC) of the Russian Federation, legal acts of the Government of the Russian Federation, constituent entities of the Russian Federation and local authorities adopted within their competence, as well as civil and land legislation (Articles 3, 81 - 84 of the RF LC).

The subject of the crime under consideration is forest plantations, i.e. trees, shrubs and lianas growing in forests (Article 16 of the RF LC), as well as trees, shrubs and vines that are not classified as such.

Forests are located on the lands of the forest fund, which are in federal ownership (Article 3 of the Federal Law of December 4, 2006 N 201-FZ "On the Enactment of the Forest Code of the Russian Federation"), and lands of other categories. The latter should include the land of transport, settlements (settlements), land of the water fund, etc.
The boundaries of forest lands and lands of other categories on which forests are located are determined in accordance with forest, land legislation and legislation on urban planning.

Forest is a multifaceted concept. It is viewed as a natural phenomenon in technical, economic, legal, medical, environmental and other aspects. The Forest Encyclopedia defines it as one of the main types of vegetation, consisting of a set of trees, shrubs, herbaceous and other plants (mosses, lichens), animals, microorganisms, biologically interrelated in their development and affecting each other and the external environment. At the same time, it is a part of the biosphere, an element of the landscape, a raw material resource, an object of forestry.

In Art. 5 LK RF “Concept of forest” forest is considered as an ecological system or as a natural resource. With this in mind, they still cannot be recognized as a subject environmental crime trees and shrubs (fruit, berry, etc.) growing on agricultural land, with the exception of forest shelter plantations, in household plots, summer cottages and garden plots, windblown, windbreak trees, etc., unless otherwise provided by special legal acts ... Acts, which are supposed to include the concept of trees, shrubs and vines that are not forest plantations, have not yet been adopted.

The commented article establishes responsibility for the illegal felling of trees, shrubs and vines that are in their natural state, including both those that have grown by themselves and those planted by humans to replenish forest and non-forest plant resources. Therefore, the concept of "planting" used in the LC RF and Art. 260 of the Criminal Code of the Russian Federation does not fully express the subject of the crime, and the literal interpretation of this concept leads to an unreasonable narrowing of the scope of application of Art. 260 of the Criminal Code of the Russian Federation
Taking possession of those trees that have been felled and prepared for storage, sale or export by other persons is qualified as theft of property (clause 11 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of November 5, 1998 N 14).

Cutting down for the purpose of taking possession of artificially grown fruit and ornamental trees and shrubs in tree nurseries, fruit nurseries and similar places qualifies as theft, since here trees and shrubs are products of commercial production, are produced for sale and perform economic rather than environmental functions.

Features of the use, protection, reproduction of forests of these categories and the content of forest categories are set out in Art. Art. 102 - 109 LK RF.

From the objective point of view, the crime consists in illegal felling, as well as damage to the point of stopping the growth of forest plantations and trees, shrubs, vines, not classified as such, if these acts are committed in a significant amount.

The LK RF (Art. 16) recognizes felling of forest plantations as “processes of their cutting, cutting, cutting”. It seems that within the meaning of Art. 260 of the Criminal Code of the Russian Federation, any other method of separating a tree, shrub, liana from the ground (uprooting, weeding out, pulling out, breaking, etc.) should be considered as cutting. Types of felling, as well legal characteristic selective and clear cuts are determined by Art. Art. 16, 17 LK RF.

The procedure for felling forest stands is determined by the rules of timber harvesting, the rules of sanitary and fire safety in forests, the rules of forest care (part 3, article 16 of the RF LC).

The use of forests, which is an entrepreneurial activity, is carried out on the lands of the forest fund by persons registered in the Russian Federation in accordance with the Federal Law of August 8, 2001 N 129-FZ "On State Registration of Legal Entities and Individual Entrepreneurs" (Part 3 of Art. 25 LK RF). To obtain the right to cut forest plantations, the applicant must submit a forest declaration (application) on the use of forests in accordance with the project for their development. Its form, the procedure for filling out and submitting it is approved by the authorized person. federal body executive power... The use of forests can be limited or suspended in cases provided for by the LC RF and others. federal laws... The procedure for harvesting wood, which is an entrepreneurial activity, the types of forests in which it is allowed, the total volumes of wood unacceptable for felling are established by Art. 29 LK RF. The list of species of trees and shrubs, the harvesting of which is not allowed, is established by the Government of the Russian Federation. At the same time, legal entities and citizens can harvest timber on the basis of lease agreements for forest plots, and in the case of harvesting without providing forest plots, on the basis of agreements for the sale and purchase of forest stands.

The procedure for providing forest plots for use by citizens and legal entities is determined by Art. Art. 71 - 80 LK RF.

Wood harvesting by citizens for heating, construction and other personal needs is carried out on the basis of contracts for the sale and purchase of forest plantations (Article 30 of the RF LC). The procedure and standards for such blanks are established by the laws of the constituent entities of the Russian Federation.

Felling of plantations, carried out not in accordance with the stated requirements, is recognized as illegal.

Cutting is considered illegal, even if there is a permit document, but in violation of the conditions specified therein: in the wrong amount; not of those tree species, which are indicated in the document; before or after the dates indicated therein; trees, shrubs and lianas prohibited for felling, or after a decision has been made to suspend, restrict or terminate the activities of a forest user or the right to use a plot of forest resources.

The crime is recognized as completed from the moment of complete separation of a tree, shrub or liana from the root, or from the moment of their damage to the degree of cessation of growth (death), if these acts are committed in a significant amount. It is mandatory to establish a causal link between illegal logging or damage to the subject of crime and a significant amount of damage.

As follows from the note to the commented article, the size of felling is identified with the damage caused to the forest fund and forests not included in the forest fund. In the qualified (part 2 of the commented article) and especially qualified (part 3 of this article) compositions, large and especially large sizes are also distinguished.
When determining a significant, large, especially large felling size, it should be borne in mind that the Decree of the Government of the Russian Federation of May 8, 2007 N 273 "On calculating the amount of damage caused to forests due to violation of forest legislation" approved the Taxes for calculating the amount of damage caused to forest plantations or trees, bushes and lianas not classified as forest plantations due to violation of forest legislation, the harvesting of wood of which is allowed (Appendix No. 1), Taxes for calculating the amount of damage caused by trees and shrubs, the harvesting of which is not allowed (Appendix No. 2), and Methodology for calculating the harm caused to forest plantations or trees, shrubs and vines not classified as forest plantations due to violation of forest legislation. At the same time, it seems that when determining the size of illegal logging, it is necessary to take into account not only economic damage, but also environmental damage, just as when determining damage due to illegal extraction of aquatic animals and plants and illegal hunting.

On the subjective side, the crime in question is committed with direct intent. The person making the felling is aware of the social danger of his actions, foresees that they will cause the specified in Art. 260 damage, and wishes these consequences to occur. The motives of the crime do not matter for qualification.

The subject of the crime is common. Responsibility for this crime comes from the age of 16. Clause “c” part 2 of the commented article provides special subject- a person using his official position.

Persons using their official position are understood as officials of state institutions, organizations (forestry enterprises, forest management bodies, forest protection authorities, etc.), and heads of economic entities of any form of ownership and their structural subdivisions that use forestry foundation or performing any work.

Officials or persons performing managerial functions in commercial and other organizations (see note to Article 201 of the Criminal Code of the Russian Federation), on whose orders illegal felling of forest plantations is carried out during logging, as well as when laying routes for pipelines, power lines, geological exploration, construction and other works, in the presence of signs of corpus delicti, are liable only under Part 2 of the commented article. Qualifications under Art. Art. 201 and 285 of the Criminal Code of the Russian Federation in aggregate is not required.

For the concepts of a group of persons, a group of persons by prior agreement, an organized group, see the commentary to Art. 35 of the Criminal Code of the Russian Federation

Video about Art. 260 of the Criminal Code of the Russian Federation

ST 260 of the Criminal Code of the Russian Federation.

1. Illegal felling, as well as damage to the point of stopping the growth of forest plantations or trees, shrubs, lianas not attributed to forest plantations, if these acts are committed in a significant amount, -

shall be punishable by a fine in an amount of up to 500 thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three years, or by compulsory works for a term of up to four hundred and eighty hours, or corrective labor for a term of up to two years, or compulsory labor for a term of up to two years with or without a fine in the amount of one hundred thousand to two hundred thousand rubles or in the amount of the salary or other income of the convicted person for a period from one year to eighteen months, or imprisonment for a term of up to two years with a fine in the amount of one hundred thousand to two hundred thousand rubles or in the amount of wages or other income of the convicted person for a period from one year to eighteen months or without it.

2. Illegal felling, as well as damage to the point of stopping the growth of forest plantations or trees, shrubs, vines not classified as forest plantations, if these acts are committed:

a) by a group of persons;

b) has lost its force;

c) by a person using his official position;

d) on a large scale, -

3. Acts provided for in the first or second part of this Article, committed on an especially large scale, by a group of persons in a preliminary conspiracy, or by an organized group, -

Note... A significant amount in this article is recognized as damage caused to forest plantations or trees, shrubs and lianas not classified as forest plantations, calculated according to the rates and methods approved by the Government of the Russian Federation, exceeding five thousand rubles, large amount - fifty thousand rubles, especially large amount - one hundred fifty thousand rubles.

Commentary on Art. 260 of the Criminal Code

2. The objective side is expressed in illegal felling, as well as damage to the point of stopping the growth of forest plantations or trees, shrubs, vines not classified as forest plantations.

4. The crime is considered completed from the moment of committing any of the listed acts.

Second commentary on Art. 260 of the Criminal Code of the Russian Federation

1. The subject of the crime is forest plantations, i.e. trees, shrubs and vines growing both in forests and outside them.

2. Prohibited for felling are trees, shrubs and lianas belonging to rare and endangered species and listed in the red books of the Russian Federation or its subjects.

3. It is illegal to cut the plantations specified in the law in violation of the requirements of the legislation, for example, without drawing up the necessary documents (in particular, a lease agreement), in an amount exceeding the permitted one, in violation of the species or age composition, or outside the cutting area.

4. Damage to the point of cessation of growth of trees, shrubs and lianas includes such damage that irreversibly disrupts the plant's ability to continue growing.

5. A significant amount is recognized as damage in excess of 5 thousand rubles.

6. The subjective side is characterized by a deliberate form of guilt.

7. The subject of the crime is a person who has reached the age of 16.

8. The concepts “by a group of persons”, “by a group of persons by prior agreement”, “by an organized group”, “by a person using his official position” are interpreted in the same way as in other corpus delicti. A crime is recognized as committed on a large scale if the damage exceeds 50 thousand rubles. Damage exceeding 150 thousand rubles is recognized as a particularly large amount.