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Responsibility for illegal demolition of green plantings

There is actual a problem of the illegal cabin of trees and bushes, destructions of a natural grass cover within the city.

Work of prosecutor's office of the city of Chelyabinsk on implementation of supervision of performance of the nature protection legislation, the rights of citizens for favorable habitat is based taking into account the arriving addresses of citizens, information received from mass media and supervisory authorities. In interaction with Management of ecology and environmental management it is possible to eliminate the violations connected with demolition of green plantings to bring perpetrators to administrative responsibility.

By prosecutor's office of the city and prosecutor's offices of areas it is acquired and practice of presentation in courts of statements of claim about collecting compensation cost for demolition of green plantings in interests of an uncertain circle of people and municipality "city of Chelyabinsk" is widely applied to legal entities and individual entrepreneurs. In the presence of the bases provided by the law materials of checks concerning demolition of green plantings as 37 Criminal Procedure Code of the Russian Federation go to UMVD of Russia across Chelyabinsk for the solution of a question of criminal prosecution.

I explain that article 42 of the Constitution of the Russian Federation provided the right of citizens for favorable environment, reliable information about its state and on compensation of the damage caused to their health or property by an ecological offense.

The federal law "About environmental protection" defines favorable environment as environment which quality provides steady functioning of natural ecological systems, natural and natural and anthropogenous objects. According to the above federal law environment - set of components of environment, natural and natural and anthropogenous objects, and also anthropogenous objects.

The federal law "About environmental protection" also develops the provision of the Constitution of the Russian Federation, affirming the right of each citizen for favorable environment, for its protection against the negative impact caused by economic and other activity, emergency situations of natural and technogenic character for reliable information about a state of environment and on indemnification to environment.

The rights for favorable habitat and for the favorable environment of activity are crossed with the right for favorable environment in the natural sphere of their action and, respectively, in this specified part can be included in a circle of the ecological. Favorable environment provides not only health, but also human life, acts as a necessary condition of any human activity.

According to Art. 7 of the Federal law "About environmental protection" organization of events on environmental protection in borders of the city district belongs to questions of local value.

The relations on protection and the content of green plantings in Chelyabinsk are settled by the Rules of protection and the content of green plantings in Chelyabinsk approved by the decision of the Chelyabinsk City Council of 24.06.2003 No. 27/2.

According to item 13 of Rules of protection and the content of the green plantings in Chelyabinsk approved by the decision of the Chelyabinsk City Council of 24.06.2003 No. 27/2 in the planted trees and shrubs territories and in green massifs it is forbidden to damage or destroy green plantings.

The authorized (lawful) demolition of green plantings is allowed only on the basis of permission of the established form on the forms having extent of protection, issued by governing body of green fund. The demolition of green plantings made self-willedally without preliminary registration of allowing documents, is illegal (item 20 of Rules of protection and the content of the green plantings in Chelyabinsk approved by the decision of the Chelyabinsk City Council of 24.06.2003 No. 27/2). Thus demolition of green plantings is allowed only according to the decisions issued before carrying out demolition.

The rules of protection and the content of green plantings in the city of Chelyabinsk approved by the decision of the Chelyabinsk City Council of 24.06.2003 No. 27/2 act on all territory of the city of Chelyabinsk and are obligatory for execution by legal entities irrespective of their organizational and legal forms, individual entrepreneurs and citizens.

I explain also that article 260 of the criminal code of Russian Federation provided responsibility for the illegal cabin of forest plantings.

So, owing to p.1 Art. 260 of the criminal code of Russian Federation the illegal cabin, and damage to extent of the termination of growth of forest plantings or trees which are not carried to forest plantings, bushes, lianas if these acts are made in a considerable size is equal, - are punished by a penalty at the rate to five hundred thousand rubles or at a rate of a salary or other income of the condemned for the period till three years, or obligatory works for a period of up to four hundred eighty hours, or corrective works for a period of up to two years, or forced labor for a period of up to two years with a penalty at the rate from hundred thousand to two hundred thousand rubles or at a rate of a salary or other income of the condemned for the period from one year to eighteen months or without that, or imprisonment for a period of up to two years with a penalty at the rate from hundred thousand to two hundred thousand rubles or at a rate of a salary or other income condemned for the period from one year to eighteen months or without that.

Under the cabin of forest plantings or the trees which are not carried to forest plantings, bushes and lianas it is necessary to understand their cutting, cutting or cutting, i.e. office in various way of a tree trunk, a stalk of a bush and a liana from a root.

The cabin of the specified plantings with violation of requirements of the legislation, for example the cabin without registration of necessary documents, in the volume exceeding resolved or with violation of pedigree or age structure or outside a cutting area is illegal.

To damages to extent of the termination of growth of forest plantings or trees which are not relating to forest plantings, bushes and lianas belong such which it is irreversible break ability of plantings to growth continuation (for example, demolition of a tree trunk, oshmyg kroner, obdir bark).

The above crime is considered ended since the moment:

- cabins, i.e. full separation of a tree, a bush or a liana from a root;

- their damages to extent of the termination of growth (death).

The subjective party of a crime is characterized by a deliberate form of fault. The subject of a crime - the person which reached 16-year age.

The qualifying sign of a crime is commission of the considered crime:

- group of persons;

- the person with use of the official position (its contents coincides with the sign of other structures of the same name of crimes);

- in a large size.

The crime admits perfect the large size if the damage estimated on the corresponding dachshunds exceeds 50 thousand rubles; in especially large size - the damage exceeding 150 thousand rubles.

 

Assistant prosecutor of the city
lawyer 2 classes of M. E. Kirtyanov