As in most other countries, illegal hunting in Russia is regulated by law. The need for such regulation is due to the inadmissibility of uncontrolled destruction of wild animals and the need to ensure the safety of others.
Basic concepts
Hunting is recognized as the search, tracking, fishing and killing of some animals. This fishing is regulated by special rules, in violation of which, a person will have to bear administrative responsibility, according to the Code of Administrative Offenses, Article 8.37. In situations when it comes to illegal hunting, the offender is already criminally liable.
Illegal hunting (BUT) - this is hunting in prohibited territories and (or) using prohibited tools and methods (a concept enshrined in the UKRF).
BUT - this is an environmental crime, the object of which is the relations formed regarding the protection and prudent use of wild animals, and the animals who live in the natural environment are the subject of the offense.
BUT according to UKRF
According to the Criminal Code of the Russian Federation, Art. 258, illegal hunting is an act committed:
- with causing major damage;
- using mechanical transport or an aircraft, explosives, gases or other methods of mass killing of birds and animals;
- in relation to animals and birds, the hunting of which is completely prohibited;
- on the specially protected natural area (SPNA), on the site of an environmental disaster (OIE), or in the area of an environmental emergency (RFEC).
Article 258 of the Criminal Code of the Russian Federation relates to Section IX, to offenses against the safety of society and public order, to the 26th chapter "Environmental Crimes" of this code. The subject of the crime in question may be a person who is sane and has reached the age of 16.
Definition of damage
Major damage in illegal hunting is determined by internal affairs officers at the time of consideration of a specific criminal case. In this case, the amount of destroyed (damaged) or obtained, the prevalence of living creatures and their classification as special categories (for example, rare endangered species), as well as environmental value, significance for a particular area and other circumstances of the crime are taken into account. Along with this, when determining damage, it is necessary to take into account the general environmental damage caused.
In connection with received in the State Duma legislative initiative article 258 (illegal hunting) may soon be amended, major damage will be clearly defined, specified. The bill proposed a single amount of damage in the amount of 105 thousand rubles, at which criminalize. The damage will be calculated in accordance with the existing today and fixed in the Government Decree of 05.25.1994, number 515 and other similar taxes rates.
Hunting prohibited vehicles
The second condition under which hunting is considered illegal is the use by an intruder of a mechanical transport or aircraft, explosives, gases or other methods of mass killing of birds and animals.
Based on the Resolution of the Plenum of the Supreme Court of Russia of 18.10. 2012 number 21 on the application by the courts of laws on liability for offenses in the field of environmental protection and nature management, a power-driven vehicle means transport powered by an engine (car, motorcycle, snowmobile, boat, motor boat).Aircraft in this case are aircraft listed in Article 32 of Part 1 of the Air Code of the Russian Federation.
Explosive and explosive devices
Illegal hunting conducted by explosives is poaching with the help of chemical compounds or a mechanical mixture of substances that can self-proliferate during a chemical transformation, explode without the presence of atmospheric oxygen (TNT, plastids, gunpowder, etc.).
Explosive devices are a home-made or industrial product that functionally combines an explosive and an explosive device (detonator, fuse, fuse, etc.).
Prohibited Hunting Methods
Illegal hunting (Article 258 of the Criminal Code of the Russian Federation) is the mass killing of birds and animals, which means actions using such prohibited tools and fishing methods that could lead to or led to the death of animals. For example, burning in the habitats of animals of vegetation.
When deciding whether the action was committed by the method of mass destruction of living creatures, the court should take into account not only the illegal type of weapons or methods of extraction, but it must also be established whether their use can lead to these consequences. For these purposes, in some cases it is advisable to involve experts and specialists in sensing the properties of such tools or methods of extraction.
Animals and birds that are completely prohibited from hunting
Illegal hunting (Criminal Code of the Russian Federation) also involves trapping or catching animals for which fishing is completely prohibited. That is, at any time of the year, anywhere. For example, hunting birds and animals that are listed in the International Red Book, the Red Book of Russia and the Red Books of the regions of the Russian Federation is prohibited.
The general rules for the protection of rare animals, plants and water resources are enshrined in Federal Law No. 7 of January 10, 2002, in Article 60. The regulation of the Red Book is contained in the Order of the RF Goskomekologiya of 3.10. 1997 number 419-a.
Territories where hunting is prohibited
The territories where hunting is prohibited by criminal law include:
- The OIE is a territory where, due to any human activity, irreversible dangerous changes in the environment have occurred that affect human health, upset the natural balance, destroy natural ecosystems and entail deformation of fauna and flora. In such areas, economic activity ceases, with the exception of those related to servicing the population living in this territory, the reconstruction and construction of new household objects is prohibited, natural resources are urgently restored and reproduced, and environmental improvement is carried out.
- RFES are areas where, as a result of any activity, permanent and negative changes in the environment have occurred and are taking place that pose a danger to people, the natural ecological system and the genetic resources of animals and plants.
- SPNA - the territory of land, water or air space in which are located natural complexes and objects with special environmental, cultural, scientific, general aesthetic, health-improving or restorative significance, as well as those withdrawn by state authorities from economic use and having a special protection regime.
Protected areas include nature reserves and nature reserves of the state level, national and natural parks, natural monuments.
Criminal liability for non-profit organizations
A person must be held criminally liable in cases where he is engaged in illegal hunting. Art. 258 of the Criminal Code for such violators provides for one of the punishments in the form of:
- a fine of up to 200 thousand rubles;
- a fine in the amount of the wage / income of a convicted other species for a period of up to 18 months;
- compulsory work for up to 480 hours;
- correctional labor for up to 2 years;
- arrest for a period of up to 6 months.
Responsibility for a NO committed by an official or group of persons
In situations where a NO was carried out by a person using their official position or by several people in their early conspiracy, or by an organized group of persons, the responsibility for illegal hunting is:
- a fine in the amount of 100-300 thousand rubles;
- a fine in the amount of wages / income of a convicted other type for a period of 1-2 years;
- forced labor for a period of up to 2 years with the withdrawal of the right to work at certain official posts or conduct a certain type of activity for a period of up to 3 years or without it;
- deprivation of liberty up to 2 years with the removal of the right to work in certain official positions or conduct a certain type of activity for up to 3 years or without it.
Prohibited production and handling of especially valuable animals and aquatic biological funds
Illegal hunting (CC Art. 258.1) for especially valuable wild animals and aquatic animals is prohibited in Russia biological resources which are listed in the Red Book and (or) are protected by international treaties of the Russian Federation, as well as their purchase, sale, transportation, storage and maintenance are prohibited. All of the listed actions are punished with parts and derivatives of the living creature in question.
The list of animals listed in the Red Book, as well as the list of animals, birds and aquatic biological funds protected by international treaties of the Russian Federation, are contained in the appendix of the Government Decree dated 10/31/2013 No. 978, approving the list of the most valuable wild animals and aquatic biological funds related to to species registered in the Red Book of the Russian Federation and (or) protected by international treaties of the Russian Federation for the appointment of Articles 226.1 - 258.1 of the Criminal Code of the Russian Federation.
These mammals include: Altai mountain ram, Amur tiger, white bear, leopard, bison, except for hybrids (bison with bison and bison with livestock), saiga and snow leopard.
Birds include: balaban, golden eagle, gyrfalcon, peregrine falcon.
Especially valuable fish: Amur, Atlantic, Persian, Russian, Siberian and Sakhalin sturgeon, beluga, Sakhalin taimen, Kaluga, stellate sturgeon, spike.
Responsibility for violation of Article 258.1
Illegal hunting (258.1) for animals, birds, aquatic biological resources and their derivatives, which are listed in the Red Book (s) or protected by international treaties of the Russian Federation, as well as the acquisition, sale, storage and transportation of this livestock are punished (by one of the listed methods) :
- obligatory works for a period of up to 480 hours;
- correctional labor up to 2 years;
- forced labor for up to 3 years with a monetary sanction of up to 1 million rubles or with a fine in the amount of the remuneration received (other income) of the offender for a period of up to 2 years or without it and restriction of liberty for up to one year or without it;
- imprisonment of up to 3 years with a monetary sanction of up to 1 million rubles or with a fine in the amount of the received remuneration (other income) of the offender for a period of up to 2 years or without him and restriction of freedom up to one year or without him.
The crime stipulated by Article 258.1 of the Criminal Code, committed by an official using his official position, is punishable by deprivation of liberty for up to 5 years with a fine of up to 2 million rubles or with a fine in the amount of the offender’s remuneration (other income) for the period up to 5 years or without him, as well as confiscation of the right to work in certain positions or engage in certain activities for a period of up to 3 years or without it.
BUT on especially valuable animals committed by an organized group of persons
Illegal hunting, provided for in article 258.1 of the Criminal Code, committed by several persons, entails punishment in the form of imprisonment from 5 to 7 years, together with a monetary sanction of up to 2 million rubles or with a fine in the amount of wages received (other income) of the offender for a period of up to 5 years or without him, together with the restriction of freedom up to 2 years or without him.And also with confiscation of the right to work in certain positions or engage in certain activities for a period of up to 5 years or without it.
Subjects who did not directly participate in the crime, but who assisted in illegal hunting, giving advice, directions, providing weapons, vehicles, as well as persons who purchase, store or sell nonprofit products on a pre-made promise, are held accountable as accomplices. Provided that they were precisely aware of the illegality of fishing.
Illegal capture and hunting of animals, birds and water resources is a very often committed crime, entailing great environmental problems (disturbance of the ecological balance in nature, disturbance of the gene pool), as well as causing significant financial and moral damage to humanity by encroaching on it natural resources. That is why article 258 of the Criminal Code of the Russian Federation (illegal hunting) clearly establishes the concept of non-profit organizations and determines the responsibility for this offense.
