ST 262 of the Criminal Code of the Russian Federation.
Violation of the regime of nature reserves, wildlife sanctuaries, national parks, natural monuments and other specially protected state natural areas, resulting in significant damage, is punishable by a fine in the amount of up to two hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to eighteen months, or by deprivation the right to hold certain positions or engage in certain activities for a period of up to three years, or compulsory work for a period of up to four hundred eighty hours, or correctional labor for a period of up to two years.
The essence of Art. 262 of the Criminal Code of the Russian Federation with comments
Article 262 of the Criminal Code of the Russian Federation contains a list of punishments imposed for such an act as violation of the regime of specially protected natural areas and natural objects , which resulted in causing serious harm.
Reference. Such natural objects are understood as territories that are withdrawn from economic use and not subject to withdrawal for any other purposes, protected under the legislation of the Russian Federation, and that have scientific and environmental significance as standards of the natural environment. They are created to preserve rare species of animals or plants.
, special security zones with a controlled regime of limited economic activity in the area adjacent to them
The protection regime for such objects is defined in the following legal acts :
- paragraphs 8-17 of the Regulations on natural monuments of federal significance in the Russian Federation;
- Federal Law No. 26 of February 23, 1995 (establishes rules for ensuring the protection of medicinal resources and health resorts);
- Federal Law No. 33 of March 14, 1995 (contains a list of measures to protect natural areas);
- Federal Law No. 94 of 01.05.1999 (dedicated to the issue of ensuring the safety of the island of Baikal);
- Federal Law No. 49 of 05/07/2001 (measures to prevent the destruction of the territories of indigenous peoples are indicated);
- Federal Law No. 52 of April 24, 1995 (law on wildlife);
- other regulatory legal acts of local significance.
The social danger of such an act lies in the fact that the environmental safety of the country is undermined and serious damage is caused to the listed environmental objects.
How is the amount of harm determined? This depends on the circumstances of the incident; factors such as the economic and other significance of the objects , the severity of the damage caused, the ability of the natural object to recover, etc.
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Commentary to Art. 262 of the Criminal Code
1. The subject of the crime is natural territories taken under special protection - areas of land, water surface and air space above them where natural complexes and objects are located that have special environmental, scientific, cultural, aesthetic, recreational and health value, which are seized by decisions of public authorities, wholly or partially from economic use and for which a special protection regime has been established.
These include: a) state natural reserves, incl. biosphere; b) national parks; c) natural parks; d) state natural reserves; e) natural monuments; f) dendrological parks and botanical gardens; g) medical and recreational areas and resorts.
2. The objective side of the crime consists of an act in the form of a violation of the regime of specially protected natural areas, consequences in the form of causing significant damage and the presence of a causal connection between them.
3. Significant damage is an evaluative concept, determined in each specific case, taking into account the category of specially protected areas, their ecological and economic significance, the possibility of further use of the territory, for example, as a resort, etc.
Corpus delicti
According to Article 262 of the Criminal Code of the Russian Federation, violations of the regime of specially protected natural territories and natural objects are considered socially dangerous acts , which fall into the category of minor crimes.
The subject of encroachment is the structure of natural objects.
The objective side is a violation of the regime of nature reserves, national parks and natural monuments and manifests itself both in the form of action (in the deliberate exploitation of a natural object) and inaction (in the deliberate disregard of the rules of the regime of natural parks).
Passive criminal behavior in most cases is typical for employees of national parks and other natural sites due to their negligent attitude towards their work duties.
The subjective side of the offense is expressed in two forms of guilt: intent and negligence. With direct intent, the citizen is aware of the illegality of the act he commits and the negativity of its consequences, but allows and even wants them to occur, that is, there is a sign of will here.
Indirect intent – when a person understands that his actions are contrary to the letter of the law, but does not want their negative result to occur, but nevertheless allows it.
Carelessness is usually criminal negligence or negligence . For example, when an employee of a national park has a bad attitude towards his official duties, thereby allowing such an offense.
By its design, the corpus delicti is material . It is considered completed at the moment of discovery, when such natural objects have suffered significant damage as a result of violation of the regime of natural objects protected by law.
Objects and subjects: who will be punished and for what?
The main objects of the offense include:
- environmental safety of society, which is ensured by the protection of the national park;
- regime of nature reserves, wildlife sanctuaries and other state-protected areas.
An additional object determines the eco-equilibrium of natural objects.
The subject of an offense is a mentally healthy citizen who has reached the age of 16 at the time of its commission. Often this is an official who neglected his powers.
Grounds for liability
A mandatory sign of an act is the occurrence of consequences in the form of causing significant damage . This is a very conditional and evaluative criterion, which is determined based on the amount of damage caused to a natural object, its environmental and economic significance, as well as the possibility of its further use.
It is also necessary to determine in what specific way the regime of protected natural objects was violated , and to establish a cause-and-effect relationship between this event and the damage caused. After all, they may not be related to each other, which means there will be no crime.
When there is no responsibility
If we analyze the judicial practice under Article 262 of the Criminal Code of the Russian Federation, then it is unlikely that it will be possible to completely avoid liability . This is possible if you have a good and experienced lawyer who can prove that the damage caused does not fall under the “significant” category.
Attention! In some cases, you can get by with punishment under Art. 8.39 Code of Administrative Offenses of the Russian Federation. Then the citizen will be sentenced to pay a fine (the amount varies for ordinary persons, enterprises and officials) with the confiscation of the instruments of the crime and illegally obtained plants or animals.
You can count on a mitigation of punishment in cases where a citizen provides positive characteristics from his place of work or if he has children, and for women - during pregnancy.
Contents of Art. 262.1 TK
This article is short in length: it only has one paragraph. It states that a person raising a disabled child until he reaches the age of majority is granted standard annual leave at his request at a time suitable for him.
These persons include:
- guardians;
- trustees;
- adoptive and natural parents.
It is indicated that this benefit is available to one parent or other person.
The considered article, despite its small volume, clearly indicates aspects of the order of priority for obtaining standard leave for persons in whose care there are disabled children. It is important that its provisions affect not only the immediate parents of these children, but also a number of other persons who have taken care of them.
Qualification of crimes under Art. 262 of the Criminal Code of the Russian Federation
Responsibility for violating the regime of specially protected natural areas and natural objects occurs if the crime was correctly classified under this article.
To do this, first of all , it is determined which natural object was damaged : a health resort, a national park, etc. This is necessary to find out which articles of legislation were violated and how this manifested itself.
To qualify under Art. 262 of the Criminal Code of the Russian Federation is required to establish whether a natural object was under special protection of the state, since in principle all components of the environment are protected in accordance with the legislation of the Russian Federation.
Based on the meaning of Article 262 of the Criminal Code of the Russian Federation in the new edition with comments , if a violation of the regime of these natural objects entailed pollution of the waters of the reserve, then such an offense is qualified under Art. 260 of the Criminal Code of the Russian Federation, and in case of poaching or illegal extraction of plants - under Art. 256 of the Criminal Code of the Russian Federation.
Let's say there was illegal hunting on the territory of the reserve . Then the offense is determined according to Art. 258 of the Criminal Code of the Russian Federation.
If these acts cause significant damage to the entire ecosystem of a natural object, then the crimes will be classified collectively under Articles 256, 258, 260 and 262 of the Criminal Code of the Russian Federation.
A similar situation occurs in the case of various environmental crimes, which resulted in serious damage to a natural object. However, these territories are not provided as a mandatory element of the offense :
- air pollution (Article 251 of the Criminal Code of the Russian Federation);
- destruction of forests (Article 261 of the Criminal Code of the Russian Federation);
- elimination of habitats of rare animals listed in the Red Book (Article 259 of the Criminal Code of the Russian Federation).
Crime defined under Art. 262 of the Criminal Code of the Russian Federation, should be distinguished from something similar to it under Art. 8.39 Code of Administrative Offenses of the Russian Federation. The difference between them is that in the first case, the obligatory sign of the act is the infliction of significant damage, while in the second, punishment is imposed only for the violation of the established regime of nature reserves and wildlife sanctuaries.
Commentary on Article 262 of the Criminal Code of the Russian Federation
1. The public danger of violating the regime of specially protected natural territories and natural objects is to undermine the environmental safety of Russia and cause significant damage to these territories and objects.
The article under comment describes socially dangerous acts that fall into the category of minor crimes.
2. The main objects of criminal encroachment are: environmental safety of society, ensured by the protection, proper organization and proper use of specially protected natural areas and natural objects; regime of nature reserves, wildlife sanctuaries, national parks, natural monuments and other specially protected areas by the state. An additional object is the ecological balance of natural objects.
3. The subject of encroachment is the own structure of specially protected natural areas and natural objects.
4. The objective side of the crime is expressed in violation of the regime of nature reserves, wildlife sanctuaries, national parks, natural monuments, and other natural areas specially protected by the state and can manifest itself in the form of both action and inaction. Passive criminal behavior is typical for officials who do not ensure the protection of the specified territories (objects).
5. A mandatory feature for qualifying an act as a crime is the place where it was committed: a) a nature reserve; b) reserve; c) national park; d) natural monument; e) another specially protected state natural area.
6. State natural reserves - specially protected by law natural complexes (land, subsoil, water, flora and fauna), withdrawn forever from economic use and not subject to withdrawal for any other purposes, having environmental, scientific, environmental and educational significance as standards of natural natural environment, typical or rare landscapes, places of conservation of the genetic fund, plants and animals (see Chapter IX of the Law on Environmental Protection; Section II of the Federal Law of March 14, 1995 N 33-FZ “On Specially Protected Natural Territories” (as amended dated December 29, 2004).
6.1. In order to protect the territory of state natural reserves from adverse anthropogenic impacts, protective zones with a regulated and controlled regime of limited economic activity can be created on adjacent areas of land and water (see clauses 4, 5 of the Regulations on state natural reserves in the Russian Federation, approved By Decree of the Government of the RSFSR dated December 18, 1991 N 48 (as amended on April 23, 1996) <1>). ——————————— <1> SP RSFSR. 1992. N 4. Art. 25; NW RF. 1996. N 18. Art. 2153.
7. State natural reserves of nationwide (federal) significance are natural complexes intended for the conservation or reproduction of certain types of natural resources (objects) in combination with the limited and coordinated use of other types of natural resources (objects) (section V of the Federal Law “On Specially Protected Natural Resources”) territories"; clause 1 of the General Regulations on state natural reserves of nationwide (federal) significance in the Russian Federation, approved by Order of the Ministry of Natural Resources of Russia dated January 25, 1993 N 14; Chapter IX of the Law on Environmental Protection).
7.1. The regime of state natural reserves is determined by clauses 9 - 14 of the General Regulations on state natural reserves of nationwide (federal) significance in the Russian Federation.
8. National parks are environmental, environmental, educational and scientific research institutions, the territories (water areas) of which include natural complexes and objects of special ecological, historical and aesthetic value, and which are intended for use in environmental, educational, scientific and cultural purposes and for regulated tourism. In the territories of national parks, any activity that can cause damage to natural complexes and objects of flora and fauna, cultural and historical sites and that contradicts the goals and objectives of the national park is prohibited (Section III of the Federal Law “On Specially Protected Natural Territories”).
9. Natural monuments of federal significance are individual unique natural objects and complexes that are valuable in ecological, scientific, historical, cultural, aesthetic, environmental and educational terms and require special protection by the state. Areas of land and water can be declared natural monuments, as well as single natural objects and complexes located on the territory of state natural reserves, protected areas of national natural parks, historical and cultural monuments, as well as those included in natural complexes already declared natural monuments ( see clause 1 of the Regulations on natural monuments of federal significance in the Russian Federation, approved by Order of the Ministry of Natural Resources of Russia dated January 25, 1993 N 15; section VI of the Federal Law “On Specially Protected Natural Territories”).
9.1. In order to protect natural monuments from adverse anthropogenic impacts, protective zones with a regulated and controlled regime of economic activity can be created on adjacent areas of land and water.
The regime for the protection of natural monuments is defined in clauses 8 - 17 of the Regulations on natural monuments of federal significance in the Russian Federation.
10. Other specially protected state natural territories (federal, regional, local significance) are areas of land, water surface and air space above them where natural complexes and objects are located that have special environmental, scientific, cultural, aesthetic, recreational and health value , which are withdrawn by decision of state authorities in whole or in part from economic use and for which a special protection regime has been established (excluding the listed territories). For example, medical and recreational areas and resorts, natural parks, dendrological parks and botanical gardens, as well as some areas containing green areas, urban forests, city parks, monuments of landscape art, protected coastlines (river systems, natural landscapes ), biological stations, microreserves, etc. (see Federal Law “On Specially Protected Natural Areas”; Federal Law dated 02/23/1995 N 26-FZ “On Natural Healing Resources, Medical and Health Areas and Resorts” (as amended on 12/18/2006) <1>; Regulations on districts sanitary and mountain sanitary protection of medical and recreational areas and resorts of federal significance, approved by Decree of the Government of the Russian Federation of December 7, 1996 N 1425 (as amended on December 20, 2002) <2>). ——————————— <1> NW RF. 1995. N 9. Art. 713; 2004. N 35. Art. 3607; 2005. N 19. Art. 1752; RG. N 290. 2006.
<2> Northwestern Russian Federation. 1996. N 51. Art. 5798; 2002. N 52 (part 2). Art. 5218; 2006. N 30. Art. 3408.
10.1. Medical and recreational areas and resorts are specially protected natural areas (water areas) with a limited regime for the use of subsoil, land and other natural resources and objects, possessing natural healing resources (mineral waters, therapeutic mud, brine of estuaries and lakes, therapeutic climate, beaches, parts water areas and inland seas, other natural objects and conditions) and suitable for organizing the treatment and prevention of diseases, as well as for recreation of the population (Section VIII of the Federal Law “On Specially Protected Natural Areas”; clauses 2 - 5 of the Regulations on the recognition of territories as medical and recreational areas localities and resorts of federal significance, approved by Decree of the Government of the Russian Federation of December 7, 1996 N 1426 (as amended on July 19, 2006) <1>). ——————————— <1> NW RF. 1996. N 51. Art. 5799; 2002. N 52 (part 2). Art. 5218.
10.2. A resort of federal significance is a specially protected medical and recreational area under the jurisdiction of federal government bodies, developed and used for medical and preventive purposes, which has natural healing resources and buildings and structures necessary for operation (including infrastructure) (see Regulations on the recognition of territories medical and recreational areas and resorts of federal significance).
10.3. To protect medical and recreational areas and resorts, sanitary and mountain sanitary protection districts are created with a specially limited regime of economic activity, residence and environmental management, ensuring the conservation of natural resources and their protection from pollution and premature depletion. The conditions for establishing mountain sanitary protection districts and protection objects (natural resources) within these districts are regulated by clauses 4 - 5 of the Regulations on sanitary and mountain sanitary protection districts of medical and recreational areas and resorts of federal significance. The boundaries and management regime of sanitary and mountain sanitary protection districts are regulated by clauses 11 - 19 of the said Regulations. Violation of the regime within these boundaries, which entails causing significant damage to protected objects, entails a criminal offense in accordance with the commentary. article.
10.4. Natural parks are environmental recreational institutions under the jurisdiction of the constituent entities of the Russian Federation, the territories (water areas) of which include natural complexes and objects that have significant environmental and aesthetic value and are intended for use for environmental, educational and recreational purposes (Section IV of the Federal Law "On specially protected natural areas").
10.5. Dendrological parks and botanical gardens are environmental institutions whose tasks include creating special collections of plants in order to preserve the diversity and enrichment of the flora, as well as carrying out scientific, educational and educational activities (Section VII of the Federal Law “On Specially Protected Natural Areas”).
11. The disposition of the article has a reference-blanket nature, since in order to properly qualify a socially dangerous act as a crime, it refers the law enforcement officer to other laws and by-laws, including: the Law on Environmental Protection; Federal Law “On Specially Protected Natural Areas”; Federal Law “On Natural Healing Resources, Medical and Health Resorts and Resorts”; Regulations on natural monuments of federal significance in the Russian Federation; General regulations on state natural reserves of nationwide (federal) significance in the Russian Federation; Resolution of the Supreme Council of the Russian Federation dated December 27, 1991 N 3020-1 “On the division of state property in the Russian Federation into federal property, state property of the republics within the Russian Federation, territories, regions, autonomous region, autonomous districts, the cities of Moscow and St. Petersburg and municipal property" (as amended on December 24, 1993) <1>; Regulations on state natural reserves in the Russian Federation; Red Book of the Russian Federation. ——————————— <1> Gazette of the RSFSR. 1992. N 3. Art. 89; Gazette of the Russian Federation. 1992. N 22. Art. 1185; 1993. N 6. Art. 191, N 32. Art. 1261; Russian Aerospace Forces. 1994. N 4 - 5.
12. According to the legislative structure, the corpus delicti is material. The crime is completed (by composition) at the moment of causing significant damage by violating the regime of the corresponding specially protected natural areas and natural objects.
12.1. The significance of the damage is determined expertly based on the amount of damage caused to specially protected natural areas (objects), as well as damage caused to the environment as a result of violation of the regime of nature reserves, wildlife sanctuaries, national parks, natural monuments and other specially protected areas by the state.
13. The subjective side of the crime is characterized by guilt in the form of intent or negligence (for more details, see Articles 25 - 26).
14. The subject of a criminal offense is a sane individual who has reached 16 years of age at the time of its commission.
