1. Poisoning, contamination or other damage to land by harmful products of economic or other activities due to violation of the rules for handling fertilizers, plant growth stimulants, pesticides and other dangerous chemical or biological substances during their storage, use and transportation, resulting in harm to human health or the environment - shall be 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 of the right to hold certain positions or engage in certain activities for a term of up to three years, or by compulsory labor for a term of up to four hundred eighty hours. , or correctional labor for up to two years.
2. The same acts committed in an environmental disaster zone or in an environmental emergency zone are punishable by restriction of freedom for a term of up to two years, or forced labor for a term of up to two years, or imprisonment for the same term.
3. Acts provided for in parts one or two of this article, resulting in the death of a person through negligence, are punishable by forced labor for up to five years or imprisonment for the same term.
Commentary on Article 254 of the Criminal Code of the Russian Federation
1. The subject of the crime is land as an integral part of the natural environment, i.e. as a surface soil layer, a mineral-organic formation characterized by fertility and performing environmental, economic, cultural, recreational and other functions.
2. Land poisoning reflects the extreme degree of land pollution and is characterized by the saturation of the soil with pesticides or poisonous (toxic) products of economic activity, bringing it to a state where, as a result of anthropogenic activity, it becomes dangerous to the health of people, animals, insects and other organisms.
Pollution is a physical, chemical or biological change in the composition of the soil that exceeds established maximum standards for harmful effects and poses a threat to human health, the state of flora and fauna.
Other damage to the land is the partial or complete destruction of the fertile layer of soil, resulting in loss of its fertility, deterioration of its composition, and a decrease in overall natural and economic value as a result of violation of the rules for handling hazardous chemical or biological substances.
3. The law lists harm to human health or the environment as consequences of land damage. Their content is, in fact, similar to the same consequences provided for by other norms on environmental crimes.
4. The crime is considered completed from the moment one of the consequences specified in the law occurs.
5. From the subjective side, the crimes provided for in Parts 1 and 2 of Art. 254, can be committed both intentionally and through negligence.
6. The subject of the crime is a person who, by the nature of his professional activity or privately, stores, uses or transports fertilizers, plant growth stimulants, pesticides and other dangerous chemical or biological substances.
7. According to Part 2 of the commented article, liability arises for damage to land in a zone of environmental disaster or environmental emergency (see commentary to Article 247 of the Criminal Code).
8. The commission of acts provided for in Parts 1 and 2 of the commented article, resulting in the death of a person through negligence, forms a particularly qualified crime (Part 3 of Article 254).
Article 8.6. Corruption of lands
Ruling of the Supreme Court of the Russian Federation dated 07/09/2019 N 308-ES19-10243 in case N A32-25639/2018 Canceling the judicial acts adopted in the case and sending the case for a new trial to the court of first instance, the district court indicated that the courts identified the fact of causing harm to the forest site by the actions of the enterprise with the fact of bringing the defendant to administrative liability under Part 2 of Article 8.6 of the Code of the Russian Federation on Administrative Offenses (resolution of the Oktyabrsky District Court of the city of Krasnodar dated August 3, 2018), which contradicts the meaning of Article 1064 of the Civil Code of the Russian Federation.
Resolution of the Supreme Court of the Russian Federation dated August 26, 2019 N 39-AD19-4
Judge of the Supreme Court of the Russian Federation V.P. Merkulov, having considered the complaint of the legal representative of the municipal unitary enterprise "Vodokanal of the City of Kursk" - director O.L. Mashoshin. on the decision dated 02/07/2018 N 14/2-3, which entered into legal force, issued by the senior state inspector for the Kursk region of the Office of Rosprirodnadzor for the Kursk region, the decision of the judge of the Leninsky District Court of the city of Kursk dated 08/15/2018 N 12-674/13-2018, decision of the judge of the Kursk Regional Court dated 10.10.2018 N 21-278-AK/2018 and resolution of the deputy chairman of the Kursk Regional Court dated 14.01.2019 N 4-a-2/2019(281/2018), held in relation to the municipal unitary enterprise "Vodokanal" city of Kursk" (hereinafter referred to as the enterprise) in the case of an administrative offense provided for in Part 2 of Article 8.6 of the Code of the Russian Federation on Administrative Offences,
Ruling of the Supreme Court of the Russian Federation dated October 22, 2019 N 301-ES19-18443 in case N A28-4325/2018
By Resolution of the Kirovo-Chepetsky District Court of the Kirov Region dated December 12, 2017 N 5-911/2017, the Company was found guilty of committing an administrative offense provided for in Part 2 of Article 8.6 of the Code of Administrative Offenses of the Russian Federation, and was given an administrative penalty in the form of a fine in the amount of 40 000 rubles.
Ruling of the Supreme Court of the Russian Federation dated January 29, 2019 N 305-ES18-23892 in case N A40-200870/2017
Having assessed the evidence presented in the case materials according to the rules of Articles 65, 69 and 71 of the Arbitration Procedural Code of the Russian Federation, including protocols on administrative offenses dated 09.28.2012 N 08-09/926 (01) under Part 2 of Article 8.7 of the Code of Administrative Offenses of the Russian Federation, dated 28.09 .2012 N 08-09/925 (01) under Part 2 of Article 8.6 of the Code of Administrative Offenses of the Russian Federation, resolution dated 11.10.2012 N PST-08-09/2173, by which the company was brought to administrative liability under Part 2 of Article 8.6 and Part 2 of Article 8.7 Code of Administrative Offenses of the Russian Federation, the court found that in the process of using the land plot by the company, harm was caused to the environment, and, guided by Article 1064 of the Civil Code of the Russian Federation, Article 77 of the Federal Law of January 10, 2002 N 7-FZ “On Environmental Protection”, paragraph 10 of the Methodology calculating the amount of damage caused to soils as an object of environmental protection, approved by Order of the Ministry of Natural Resources of Russia dated July 8, 2010 N 238, in the absence of evidence of guilt of the owner and tenant of the site, satisfied the claim.
Ruling of the Supreme Court of the Russian Federation dated July 11, 2019 N 302-ES19-10678 in case N A19-20582/2018
Judge of the Supreme Court of the Russian Federation Pershutov A.G., having studied the cassation appeal of the Office of the Federal Service for Supervision of Natural Resources (Rosprirodnadzor) for the Irkutsk Region against the decision of the Arbitration Court of the Irkutsk Region dated January 29, 2019 in case No. A19-20582/2018 and the resolution of the Arbitration Court East Siberian District dated 04/23/2019 in the same case on the application of the homeowners association "Sibiryak" to the Office of the Federal Service for Supervision of Natural Resources (Rosprirodnadzor) in the Irkutsk Region to declare illegal and cancel the resolution dated 01.08.2018 N З-211 о bringing to administrative liability provided for in Part 2 of Article 8.6 of the Code of the Russian Federation on Administrative Offences,
Ruling of the Supreme Court of the Russian Federation dated August 1, 2019 N 302-ES19-11803 in case N A19-8028/2018
The courts proceeded from the following: from the territory of the hotel complex used by the Company, there was an emergency spill of liquid household waste onto the surface of the earth with partial release into the boundaries of the water area of Lake Baikal, which resulted in negative consequences for the environment; The Company does not deny this fact; since the defendant uses a hotel complex located in the water protection zone of Lake Baikal, it is obliged to prevent pollution and other negative impacts on the unique ecological system of Lake Baikal; by the decision of the Irkutsk District Court dated January 10, 2018 in case No. 12-35/2018, the Company was found guilty of committing an administrative offense under Part 2 of Article 8.6 of the Code of Administrative Offenses of the Russian Federation, for causing damage to the ice cover of Lake Baikal in as a result of emergency discharge of liquid household waste; since the defendant’s guilt in causing harm to the environment is confirmed by the evidence presented in the case, he is obliged to compensate for damage in the amount determined by the plaintiff based on the specified methods.
Ruling of the Supreme Court of the Russian Federation dated February 20, 2017 N 310-ES16-20684 in case N A35-11488/2015
By Department Resolution No. 95/z dated July 23, 2015, the Company was brought to administrative liability under Part 2 of Article 8.6 of the Code of the Russian Federation on Administrative Offenses. The decision of the Belovsky District Court of the Kursk Region dated September 16, 2015, which entered into legal force, left this resolution unchanged.
Ruling of the Supreme Court of the Russian Federation dated June 1, 2017 N 304-ES17-6053 in case N A75-3716/2016
On this fact, the department drew up a protocol dated June 26, 2015 N 809-3N/12 on an administrative offense, on the basis of which a resolution dated July 10, 2015 N 662-ZN/39 was issued on bringing the enterprise to administrative liability, provided for in Part 2 of Article 8.6 of the Code of the Russian Federation about administrative offenses, in the form of a fine in the amount of 40,000 rubles.
Ruling of the Supreme Court of the Russian Federation dated May 31, 2017 N 304-KG17-5413 in case N A75-1391/2016
When resolving a dispute, the courts, guided by Articles 15, 1064, 1079, 1082 of the Civil Code of the Russian Federation, Federal Law No. 7-FZ dated 10.01.2002 “On Environmental Protection”, clarifications contained in the resolution of the Plenum of the Supreme Court of the Russian Federation dated 18.10 .2012 N 21 “On the application by courts of legislation on liability for violations in the field of environmental protection and natural resource management”, established that the company, being a tenant of a land plot on the basis of an agreement on the assignment of rights and obligations to lease a land plot dated 08/26/2015, was brought to administrative liability under Part 2 of Article 8.6 of the Code of the Russian Federation on Administrative Offenses in the form of an administrative fine in the amount of 40,000 rubles.
Ruling of the Supreme Court of the Russian Federation dated July 17, 2017 N 309-ES15-9239 in case N A34-5469/2014
According to the results of soil sample analyses, there are excess concentrations of petroleum products. Based on the fact of contamination of a land plot with petroleum products, by determination dated 06/09/2011, a case of administrative offense No. 03-12/2011 was initiated due to the presence of signs of an offense provided for in Part 2 of Article 8.6 of the Code of Administrative Offenses of the Russian Federation.
Ruling of the Supreme Court of the Russian Federation dated 02/03/2020 N 306-ES19-27190 in case N A57-5072/2019
Closed joint-stock company "Capital Oil" (hereinafter referred to as the company, the applicant) applied to the arbitration court to declare illegal and cancel the resolution of the Office of the Federal Service for Supervision of Natural Resources in the Saratov Region (hereinafter referred to as the department, administrative body) dated 02.22.2019 N 07 on bringing to administrative liability on the basis of Part 2 of Article 8.6 of the Code of the Russian Federation on Administrative Offenses (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation).
Legislation of the Russian Federation on land damage
The legal basis for Russia's environmental policy is presented in the Constitution in Article 42.
Other regulations governing environmental safety in the Russian Federation:
- federal laws: Federal Law No. 89-FZ of June 24, 1998, etc.;
- codes: Land Code of the Russian Federation, Water Code of the Russian Federation, Code of Administrative Offenses of the Russian Federation and Criminal Code of the Russian Federation.
- Government resolutions: Order of the Government of the Russian Federation dated July 8, 2015 No. 1316-r, etc.;
- sanitary standards;
- building codes.
Administrative Code
Another regulatory document ensuring soil protection is the Code of Administrative Offenses of the Russian Federation. Article 8.6. includes liability for damage, littering, clogging and contamination of land, as well as for unauthorized removal and movement of the fertile layer of soil .
Punishment:
- for citizens – a fine of up to 3 thousand rubles;
- for officials - from five to 10 thousand rubles;
- for legal entities – from thirty to 50 thousand rubles.
Decrease in soil fertility as a result of violation of rules for working with agrochemicals.
Punishment:
- for citizens - an administrative fine of up to 3 thousand rubles;
- for officials – up to 10 thousand rubles;
- for entrepreneurs (without creating a legal entity) – from 20 to 40 thousand rubles or suspension of any commercial activity for up to 90 days;
- for legal entities - from 40 to 80 thousand rubles or suspension of any activity for up to 90 days.
Reference. Commentary on Article 8.6. The Code of Administrative Offenses of the Russian Federation explains that the fertile layers of the earth include black soil. And the fertility of agricultural land is determined by the ability of the soil to satisfy the needs of plants for minerals, water, air and heat.
