Criminal liability for environmental crimes in Russia

Subjects, objects and subjects of environmental crime

There is a close connection between criminal liability and the fulfillment of administrative and legal obligations. Criminal law provisions play a supporting role in relation to the need to comply with administrative law provisions, which essentially determine the scope and content of almost all basic environmental obligations.

Thus, the subject of criminal protection is not only the specific value of the environment, but also the fulfillment of established administrative and legal obligations. For example, failure to measure emissions entails liability for an offense as conduct involving failure to comply with obligations based on the provisions of administrative law.

The object is the environment, the established procedure for the use of natural and other objects that affect the purity of water, subsoil and airspace. In this case, the subject of an environmental crime is a person who violated the provisions of the specified chapter of the Criminal Code of the Russian Federation.

Criminal liability for environmental crimes

The Criminal Code of the Russian Federation directly states that its task, along with the protection of human and civil rights and freedoms, property and public order, is to protect the environment. The state of human health, which, in accordance with the Constitution of the Russian Federation, is the highest value, largely depends on the purity of water, air, the quality of the products on which he eats, and, accordingly, on the purity of the soil.

An environmental crime is a guilty socially dangerous act (action or inaction) provided for by criminal law and prohibited by it under threat of punishment, encroaching on the environment and its components, the rational use and protection of which ensures optimal human life, the environmental safety of the population and territories, consisting of direct illegal use of natural objects (or unlawful influence on their condition) as a social value, which leads to negative changes in the state of the environment, destruction, damage to its objects.

All crimes formulated in the current Criminal Code of the Russian Federation, from the point of view of the functions they perform related to natural resource management and environmental protection, can be divided into three groups:

special environmental compounds;
adjacent;
additional.

Special environmental compounds are formulated in a separate chapter “Environmental Crimes” (Chapter 26). Criminal liability arises, in particular, for:

violation of environmental protection rules during work (Article 246);
violation of the rules for handling environmentally hazardous substances and waste (Article 247);
violation of safety rules when handling microbiological or other biological agents or toxins (Article 248);
water pollution (Article 250);
air pollution (Article 251);
marine pollution (Article 252);
damage to the land (v. 254);
violation of rules for the protection and use of subsoil (Article 255);
violation of rules for the protection of fish stocks (Article 257);
illegal hunting (Article 258);
destruction of critical habitats for organisms listed in the Red Book of the Russian Federation (Article 259);
other crimes.

Special environmental compounds also include a number of compounds formulated in articles contained in other chapters of the Code, for example, violation of safety rules at nuclear energy facilities (Article 215); concealment of information about circumstances that pose a danger to the life or health of people (Article 237); cruelty to animals (Article 245); ecocide (Article 358).

Related crimes in the field of environmental management and environmental protection should be considered those that perform environmental functions only under certain objective circumstances:

refusal to provide information to a citizen (Article 140);
registration of illegal transactions with land (Article 170);
terrorism (Article 205);
violation of safety rules when conducting mining, construction or other work (Article 216);
violation of safety rules at explosive objects (Article 217); and etc.

Some compounds, while not environmental in nature, can also be used for environmental protection purposes under certain circumstances.

Additional crimes include a number of crimes against state power, the interests of public service and service in local government:

abuse of official powers (Article 285);
abuse of official powers (Article 286);
official forgery (Article 292);
negligence (Article 293).

The crimes provided for in these articles can be applied directly to those officials who, through their actions or inactions, contributed to causing harm to the environment.

Types of punishments for committing environmental crimes:

fine;
deprivation of the right to hold certain positions or engage in certain activities;
compulsory work;
correctional work;
restriction of freedom;
arrest;
imprisonment for a certain period.

A fine is provided for almost all environmental crimes. Its size depends on the nature of the crime committed. The minimum fine is 40 thousand rubles, the maximum is 500 thousand rubles.

Deprivation of the right to hold certain positions or engage in certain activities is provided for many environmental crimes. Sometimes the duration of this punishment is also established;

Compulsory work consists of the convicted person performing free socially useful work, the type of which is determined by local government bodies, during his free time from his main work or study. This type of punishment is provided, in particular, for violation of environmental protection rules during work (up to 240 hours).

Correctional labor is served at the place of work of the convicted person, while deductions are made from his earnings to the state income in the amount established by the court verdict, ranging from 5 to 20%. Such punishment is established, for example, for violation of veterinary rules and rules established for the fight against diseases and plant pests (up to 2 years); for air pollution (up to 1 year); for damage to land (up to 2 years); violation of the regime of specially protected natural areas and natural objects (up to 2 years).

Restriction of freedom consists of keeping a convicted person, who has reached the age of eighteen at the time the court renders a sentence, in a special institution without isolation from society under conditions of supervision over him. Such punishment is provided for damage to land (up to 2 years); destruction of critical habitats for organisms listed in the Red Book of the Russian Federation (up to 3 years).

Arrest involves keeping the convicted person in conditions of strict isolation from society. Provided for water pollution (up to 3 months); for marine pollution (up to 4 months).

Imprisonment for a certain period of time is provided for many crimes, including violation of environmental protection rules during work (up to 5 years); violation of rules for handling environmentally hazardous substances and waste (from 3 to 8 years); violation of safety rules when handling microbiological or other biological agents or toxins (up to 5 years); water pollution (up to 5 years); air pollution (up to 5 years); damage to land (up to 5 years); destruction of critical habitats for organisms listed in the Red Book of the Russian Federation (up to 3 years); destruction or damage to forests (up to 7 years). The most severe criminal liability is provided for ecocide, i.e. mass destruction of flora and fauna, poisoning of the atmosphere or water resources, as well as the commission of other actions that can cause an environmental disaster. This crime is punishable by imprisonment for a term of 12 to 20 years (Article 358).

The subjective side of the elements of an environmental crime is expressed, as a rule, in the form of indirect intent, when a person is aware of his violation of the relevant rules, foresees the possibility of negative consequences for the environment or human health and consciously allows them to occur or is indifferent to this. In a number of articles, mainly related to environmental pollution, violation of rules for handling hazardous substances and waste, guilt is expressed in the form of negligence.

Assessing the practice of applying criminal liability for environmental crimes, experts note its low effectiveness. The total number of crimes registered in the country decreased by 1.6% in 2000, but environmental crimes increased by 19.4%. As a result, their share in the overall structure of crime increased from 0.3% in 1999 to 0.5 in 2000. Illegal cutting of trees (50.7%), illegal harvesting of aquatic animals and plants (42, 7%), illegal hunting (4.9%), which together account for 98.3% of all environmental crimes (in 1999 - 97.7%).

Environmental offenses are among the most common in Russia. But at the same time, the latency of environmental crimes reaches 95-99%.

According to the Director of the Research Institute for Strengthening Law and Order under the Prosecutor General’s Office of the Russian Federation, “a paradoxical situation has developed in Russia: with the growing environmental crisis, there is atrophy and imbalance of state control and management, and with an increase in the number of offenses and abuses, a line is visible towards the attenuation of the judicial and legal response.”

3.5

Crimes against the environment according to the provisions of the Criminal Code

General principles of liability for environmental offenses applied on the basis of Articles 246–259 of the Criminal Code are mainly punishable by imprisonment. All these crimes can be committed either intentionally or unintentionally. It is characteristic that criminal liability most often concerns damage caused suddenly, in a visible and clearly tangible manner. As a rule, losses whose final result is the result of long-term accumulation are not taken into account.

In particular, punishment for environmental pollution is provided for by the following articles of the Criminal Code of the Russian Federation:

for water pollution - Art. 250;
for air pollution - Art. 251;
for pollution of the marine environment - Art. 252;
for damage to the land - Art. 254.

They regulate types of environmental crimes related to environmental pollution. Object protected in accordance with them:

Life and health of people;
Resources of flora and fauna that are subject to pollution, that is, the entry into water, air or soil of various substances in the form of solid, liquid or gaseous substances.

Prohibited, i.e. An illegal form of water, air or land pollution is pollution that is likely to endanger the life or health of many people or cause significant damage to plant or animal life. When assessing the illegality of a criminal’s behavior, the decisive criterion should be an abstract-concrete threat (destruction). This evaluates:

the potential for these effects;
their consequences;
a cause-and-effect relationship between the actions of the guilty party and the damage.

A special type of negative impact on human life and health, as well as on plant and animal resources, are actions involving the illegal handling of waste or substances and the illegal import of waste or substances hazardous to the environment. Responsibility for such acts is provided for in the following articles of the Criminal Code of the Russian Federation:

violation of environmental protection rules during the performance of work – Art. 246;
violation of the rules for handling environmentally hazardous substances and waste – Art. 247.

There are six types of illegal activity:

storage;
deletion;
treatment;
recovery;
disposal;
transport.

As in previous articles of the Criminal Code, these actions will be considered a crime if it is shown that they could:

Endanger the life or health of many people;
Cause significant damage to flora or fauna.

Such criminal behavior is punishable by imprisonment for up to 8 years (clause 3 of Article 247 of the Criminal Code of the Russian Federation). The list of environmental crimes is not complete. Often they occur in conjunction with other types of acts - bribery, abuse or excess of official authority, and others.

Chapter 26. ECOLOGICAL CRIMES

Article 246. Violation of environmental protection rules during work performance

Violation of environmental protection rules during the design, siting, construction, commissioning and operation of industrial, agricultural, scientific and other facilities by persons responsible for compliance with these rules, if this resulted in a significant change in the radioactive background, harm to human health, mass death of animals or other grave consequences -

shall be punishable by a fine in the amount of up to one hundred twenty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to one year, or by compulsory labor for a term of up to four hundred eighty hours, or by corrective labor for a term of up to two years, or by forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it.

(as amended by Federal Law dated December 7, 2011 N 420-FZ)

Commentary on Article 246

Article 247. Violation of rules for handling environmentally hazardous substances and waste

1. Production of prohibited types of hazardous waste, transportation, storage, burial, use or other handling of radioactive, bacteriological, chemical substances and waste in violation of established rules, if these acts created a threat of causing significant 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 restriction of liberty for a term of up to two years, or by forced labor for a term of up to two years, or by imprisonment for the same term.

(as amended by Federal Laws dated December 8, 2003 N 162-FZ, dated December 27, 2009 N 377-FZ, dated December 7, 2011 N 420-FZ)

2. The same acts that resulted in pollution, poisoning or contamination of the environment, harm to human health or mass death of animals, as well as those committed in an environmental disaster zone or in an environmental emergency zone, -

(as amended by Federal Law dated December 7, 2011 N 420-FZ)

3. Acts provided for in parts one or two of this article, which through negligence resulted in the death of a person or mass disease of people, -

shall be punishable by imprisonment for a term of up to eight years.

(as amended by Federal Law dated 03/07/2011 N 26-FZ)

Commentary on Article 247

Article 248. Violation of safety rules when handling microbiological or other biological agents or toxins

1. Violation of safety rules when handling microbiological or other biological agents or toxins, if this resulted in harm to human health, the spread of epidemics or epizootics, or other grave consequences, -

shall be punishable by a fine in the amount of one hundred thousand to three hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to two years, or by compulsory labor for a term of up to three hundred sixty hours, or by corrective labor for a term of up to one year, or by forced labor labor for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without such.

(as amended by Federal Law dated December 7, 2011 N 420-FZ)

2. The same act, resulting in the death of a person through negligence, -

shall be punishable by compulsory labor for a term of up to four hundred eighty hours, or correctional labor for a term of up to two years, or forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or by imprisonment for a term of up to three years. for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years.

(as amended by Federal Law dated December 7, 2011 N 420-FZ)

Commentary on Article 248

Article 249. Violation of veterinary rules and rules established for the fight against plant diseases and pests

1. Violation of veterinary rules, which through negligence resulted in the spread of epizootics or other grave consequences, -

(as amended by Federal Law No. 92-FZ of June 25, 1998)

(as amended by Federal Law dated December 7, 2011 N 420-FZ)

2. Violation of the rules established for the fight against plant diseases and pests, which through negligence entailed grave consequences, -

(as amended by Federal Law No. 92-FZ of June 25, 1998)

(as amended by Federal Laws dated December 8, 2003 N 162-FZ, dated May 6, 2010 N 81-FZ, dated December 7, 2011 N 420-FZ)

Commentary on Article 249

Article 250. Water pollution

1. Pollution, clogging, depletion of surface or ground water, sources of drinking water supply, or other change in their natural properties, if these acts entailed causing significant harm to the animal or plant world, fish stocks, forestry or agriculture, -

shall be punishable by a fine in the amount of up to eighty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to six months, or by deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years, or by compulsory labor for a term of up to three hundred sixty hours, or correctional labor for up to one year, or arrest for up to three months.

(as amended by Federal Laws dated December 8, 2003 N 162-FZ, dated May 6, 2010 N 81-FZ, dated December 7, 2011 N 420-FZ)

2. The same acts that entailed harm to human health or mass death of animals, as well as those committed on the territory of a reserve or wildlife sanctuary or in an environmental disaster zone or in an environmental emergency zone, -

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 compulsory labor for a term of up to four hundred eighty hours, or by corrective labor for a term of up to two years, or by forced labor for a term of up to two years. , or imprisonment for the same period.

(as amended by Federal Law dated December 7, 2011 N 420-FZ)

3. Acts provided for in parts one or two of this article, resulting in the death of a person through negligence, -

shall be punished by forced labor for a term of up to five years or imprisonment for the same term.

(as amended by Federal Law dated December 7, 2011 N 420-FZ)

Commentary on Article 250

Article 251. Atmospheric pollution

1. Violation of the rules for the release of pollutants into the atmosphere or violation of the operation of installations, structures and other objects, if these acts resulted in pollution or other changes in the natural properties of the air, -

(as amended by Federal Laws dated December 8, 2003 N 162-FZ, dated May 6, 2010 N 81-FZ, dated December 7, 2011 N 420-FZ)

2. The same acts, which by negligence entailed causing harm to human health, -

(as amended by Federal Law No. 92-FZ of June 25, 1998)

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 compulsory labor for a term of up to four hundred eighty hours, or by corrective labor for a term of up to two years, or by forced labor for a term of up to two years. , or imprisonment for the same period.

(as amended by Federal Law dated December 7, 2011 N 420-FZ)

3. Acts provided for in parts one or two of this article, resulting in the death of a person through negligence, -

shall be punished by forced labor for a term of two to five years or imprisonment for a term of up to five years.

(as amended by Federal Law dated December 7, 2011 N 420-FZ)

Commentary on Article 251

Article 252. Marine pollution

1. Pollution of the marine environment from land-based sources or due to violation of the rules for burial or discharge from vehicles or artificial islands, installations or structures erected in the sea of substances and materials harmful to human health and aquatic biological resources or interfering with the lawful use of the marine environment, -

(as amended by Federal Laws dated 04/09/2007 N 46-FZ, dated 12/06/2007 N 333-FZ)

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 five years, or by compulsory labor for a term of up to four hundred eighty hours, or correctional labor for up to two years, or arrest for up to four months.

(as amended by Federal Laws dated December 8, 2003 N 162-FZ, dated May 6, 2010 N 81-FZ, dated December 7, 2011 N 420-FZ)

2. The same acts that caused significant harm to human health, aquatic biological resources, the environment, recreation areas or other interests protected by law, -

(as amended by Federal Law dated December 6, 2007 N 333-FZ)

shall be punishable by a fine in the amount of up to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three years, or by forced labor for a term of up to two years, or by imprisonment for the same term with a fine in the amount of up to forty thousand rubles or in the amount of wages or other income of the convicted person for a period of up to three months.

(as amended by Federal Law dated December 7, 2011 N 420-FZ)

3. Acts provided for in parts one or two of this article, resulting in the death of a person through negligence, -

shall be punished by forced labor for a term of up to five years or imprisonment for the same term.

(as amended by Federal Law dated December 7, 2011 N 420-FZ)

Commentary on Article 252

Article 253. Violation of the legislation of the Russian Federation on the continental shelf and on the exclusive economic zone of the Russian Federation

1. Illegal construction of artificial islands, installations or structures on the continental shelf of the Russian Federation, illegal creation of security zones around them or in the exclusive economic zone of the Russian Federation, as well as violation of the rules for the construction, operation, protection and liquidation of erected artificial islands, installations or structures and facilities ensuring the safety of maritime navigation -

(as amended by Federal Law dated April 9, 2007 N 46-FZ)

shall be punishable by a fine in the amount of one hundred thousand to three hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to two years, 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 up to four hundred eighty hours, or correctional labor for up to two years.

(as amended by Federal Laws dated December 8, 2003 N 162-FZ, dated December 28, 2004 N 175-FZ, dated May 6, 2010 N 81-FZ, dated December 7, 2011 N 420-FZ)

2. Research, search, exploration, development of natural resources of the continental shelf of the Russian Federation or the exclusive economic zone of the Russian Federation, carried out without appropriate permission -

(as amended by Federal Law dated April 9, 2007 N 46-FZ)

shall be punishable by a fine in the amount of one 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 one to three years, or by compulsory labor for a term of up to four hundred eighty hours, or by corrective labor for a term of up to two years with deprivation of rights hold certain positions or engage in certain activities for a period of up to three years or without it.

(as amended by Federal Laws dated December 8, 2003 N 162-FZ, dated December 28, 2004 N 175-FZ, dated May 6, 2010 N 81-FZ, dated December 7, 2011 N 420-FZ)

Commentary on Article 253

Article 254. Damage to land

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.

(as amended by Federal Laws dated December 8, 2003 N 162-FZ, dated May 6, 2010 N 81-FZ, dated December 7, 2011 N 420-FZ)

2. The same acts committed in a zone of environmental disaster or in a zone of environmental emergency -

shall be 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.

(as amended by Federal Law dated December 7, 2011 N 420-FZ)

3. Acts provided for in parts one or two of this article, resulting in the death of a person through negligence, -

shall be punished by forced labor for a term of up to five years or imprisonment for the same term.

(as amended by Federal Law dated December 7, 2011 N 420-FZ)

Commentary on Article 254

Article 255. Violation of rules for the protection and use of subsoil

Violation of the rules for the protection and use of subsoil during the design, siting, construction, commissioning and operation of mining enterprises or underground structures not related to the extraction of mineral resources, as well as unauthorized development of areas where mineral deposits occur, if these acts entailed causing significant damage -

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.

(as amended by Federal Laws dated December 8, 2003 N 162-FZ, dated May 6, 2010 N 81-FZ, dated December 7, 2011 N 420-FZ)

Commentary on Article 255

Article 256. Illegal extraction (catch) of aquatic biological resources

(as amended by Federal Law dated December 6, 2007 N 333-FZ)

1. Illegal extraction (catch) of aquatic biological resources, if this act is committed:

(as amended by Federal Law dated December 6, 2007 N 333-FZ)

a) causing major damage;

b) using a self-propelled floating vehicle or explosives and chemicals, electric current or other methods of mass extermination of the specified aquatic animals and plants;

c) in spawning areas or on migration routes to them;

d) in specially protected natural areas or in a zone of environmental disaster or in a zone of environmental emergency, -

(as amended by Federal Law dated December 6, 2007 N 333-FZ)

(as amended by Federal Laws dated December 8, 2003 N 162-FZ, dated December 28, 2004 N 175-FZ, dated May 6, 2010 N 81-FZ, dated March 7, 2011 N 26-FZ, dated December 7, 2011 N 420-FZ )

2. Illegal hunting of seals, sea beavers or other marine mammals on the high seas or in prohibited areas -

(as amended by Federal Laws dated December 8, 2003 N 162-FZ, dated December 28, 2004 N 175-FZ, dated May 6, 2010 N 81-FZ, dated March 7, 2011 N 26-FZ, dated December 7, 2011 N 420-FZ )

3. Acts provided for in parts one or two of this article, committed by a person using his official position or by a group of persons by prior conspiracy or by an organized group, -

shall be punishable by a fine in the amount of one 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 one to three years, or by forced labor for a term of up to two years, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it.

(as amended by Federal Laws dated December 8, 2003 N 162-FZ, dated December 28, 2004 N 175-FZ, dated December 7, 2011 N 420-FZ)

Commentary on Article 256

Article 257. Violation of rules for the protection of aquatic biological resources

(as amended by Federal Law dated December 6, 2007 N 333-FZ)

Production of wood alloy, construction of bridges, dams, transportation of wood and other forest resources, carrying out blasting and other works, as well as operation of water intake structures and pumping mechanisms in violation of the rules for the protection of aquatic biological resources, if these acts resulted in mass death of fish or other aquatic biological resources , destruction of significant amounts of feed reserves or other grave consequences, -

(as amended by Federal Laws dated December 4, 2006 N 201-FZ, dated December 6, 2007 N 333-FZ)

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.

(as amended by Federal Laws dated December 8, 2003 N 162-FZ, dated May 6, 2010 N 81-FZ, dated December 7, 2011 N 420-FZ)

Commentary on Article 257

Article 258. Illegal hunting

1. Illegal hunting, if this act is committed:

a) causing major damage;

b) using a mechanical vehicle or aircraft, explosives, gases or other methods of mass destruction of birds and animals;

c) in relation to birds and animals, hunting of which is completely prohibited;

d) in a specially protected natural area or in a zone of environmental disaster or in a zone of environmental emergency, -

(as amended by Federal Law dated July 24, 2009 N 209-FZ)

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 compulsory labor for a term of up to four hundred and eighty hours, or by corrective labor for a term of up to two years, or by arrest for a term of up to six months.

(as amended by Federal Laws dated December 8, 2003 N 162-FZ, dated May 6, 2010 N 81-FZ, dated March 7, 2011 N 26-FZ, dated December 7, 2011 N 420-FZ)

2. The same act, committed by a person using his official position, or by a group of persons by prior conspiracy or by an organized group, -

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

(as amended by Federal Laws dated 08.12.2003 N 162-FZ, dated 07.12.2011 N 420-FZ)

Commentary on Article 258

Article 258.1. Illegal extraction and trafficking of especially valuable wild animals and aquatic biological resources belonging to species listed in the Red Book of the Russian Federation and (or) protected by international treaties of the Russian Federation

(introduced by Federal Law dated July 2, 2013 N 150-FZ)

1. Illegal extraction, maintenance, acquisition, storage, transportation, shipment and sale of especially valuable wild animals and aquatic biological resources belonging to species listed in the Red Book of the Russian Federation and (or) protected by international treaties of the Russian Federation, their parts and derivatives -

shall be punishable by compulsory labor for a term of up to four hundred eighty hours, or correctional labor for a term of up to two years, or forced labor for a term of up to three years, with a fine in the amount of up to one million rubles or in the amount of the wages or other income of the convicted person for a period of up to two years, or without it and with or without restriction of freedom for a term of up to one year, or with imprisonment for a term of up to three years with a fine in the amount of up to one million rubles or in the amount of the wages or other income of the convicted person for a period of up to two years and with restriction of freedom for a term of up to one year or without it.

2. Acts provided for in part one of this article, committed by an official using his official position, -

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

3. Acts provided for in parts one or two of this article, committed by an organized group, -

shall be punishable by imprisonment for a term of five to seven years with a fine in the amount of up to two million rubles or in the amount of the wages or other income of the convicted person for a period of up to five years or without it, with or without restriction of freedom for a term of up to two years and with deprivation the right to hold certain positions or engage in certain activities for a period of up to five years or without it.

Article 259. Destruction of critical habitats for organisms listed in the Red Book of the Russian Federation

Destruction of critical habitats for organisms listed in the Red Book of the Russian Federation, resulting in the death of populations of these organisms -

shall be punishable by a fine in the amount 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 by compulsory labor for a term of up to four hundred eighty hours, or by restriction of liberty for a term of up to three years, or by forced labor. for a term of up to three years, or imprisonment for the same term.

(as amended by Federal Law dated December 7, 2011 N 420-FZ)

Commentary on Article 259

Article 260. Illegal felling of forest plantations

(as amended by Federal Law dated December 4, 2006 N 201-FZ)

1. Illegal felling, as well as damage to the point of stopping the growth of forest plantations or trees, shrubs, and vines not classified as forest plantations, if these acts were committed on a significant scale, -

(as amended by Federal Law dated December 4, 2006 N 201-FZ)

shall be punishable by a fine in the amount of up to five hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to three years, or by compulsory labor for a term of up to four hundred eighty hours, or by corrective labor for a term of up to two years, or by forced labor 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 of 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 wages or other income of the convicted person for a period from one year to eighteen months or without it.

(as amended by Federal Law dated July 21, 2014 N 277-FZ)

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

(as amended by Federal Law dated December 4, 2006 N 201-FZ)

a) a group of persons;

b) has become invalid. — Federal Law of December 8, 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 wages or other income of the convicted person for a period of three to four years, or by forced labor for a term of up to four years with a fine in the amount of one hundred fifty thousand to three hundred thousand rubles. or in the amount of wages or other income of the convicted person for a period of eighteen months to two years or without it and with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or with imprisonment for a term of up to four years with a fine in the amount of one hundred fifty thousand to three hundred thousand rubles or in the amount of wages or other income of the convicted person for a period of eighteen months to two years or without it and with or without deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years.

(as amended by Federal Law dated July 21, 2014 N 277-FZ)

(Part two as amended by Federal Law dated December 29, 2001 N 192-FZ)

3. Acts provided for in parts one or two of this article, committed on an especially large scale, by a group of persons by prior 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 wages or other income of the convicted person for a period of four to five years, or by forced 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 wages or other income of the convicted person for a period of two to three years or without it and with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to seven years with a fine of three hundred thousand to five hundred thousand rubles or in the amount of wages or other income of the convicted person for a period of two to three years or without it and with or without deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years.

(as amended by Federal Law dated July 21, 2014 N 277-FZ)

(Part three introduced by Federal Law dated December 29, 2001 N 192-FZ)

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

(as amended by Federal Laws dated December 29, 2001 N 192-FZ, dated December 8, 2003 N 162-FZ, dated December 4, 2006 N 201-FZ, dated July 22, 2008 N 145-FZ)

Commentary on Article 260

Article 261. Destruction or damage to forest plantations

(as amended by Federal Law dated December 29, 2010 N 442-FZ)

1. Destruction or damage to forest plantations and other plantings as a result of careless handling of fire or other sources of increased danger -

shall be punishable by a fine in the amount of two hundred thousand to four hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to two years, or by compulsory labor for a term of up to four hundred eighty hours, or by corrective labor for a term of up to two years, or by forced labor. labor for a term of up to three years, or imprisonment for the same period.

(as amended by Federal Laws dated December 7, 2011 N 420-FZ, dated July 21, 2014 N 277-FZ)

2. Acts provided for in part one of this article, if they caused major damage, -

shall be punishable by a fine in the amount 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 by compulsory labor for a term of up to four hundred eighty hours, or by corrective labor for a term of up to two years, or by forced labor. for a term of up to four years, or imprisonment for the same term.

(as amended by Federal Laws dated December 7, 2011 N 420-FZ, dated July 21, 2014 N 277-FZ)

3. Destruction or damage to forest plantations and other plantings by arson, other generally dangerous means or as a result of pollution or other negative impact -

shall be punishable by a fine in the amount of five hundred thousand to one million rubles or in the amount of the wages or other income of the convicted person for a period of three to four years, or by imprisonment for a term of up to eight years with a fine in the amount of two hundred thousand to five hundred thousand rubles or in the amount of wages payment or other income of the convicted person for a period of eighteen months to three years or without it.

(as amended by Federal Law dated July 21, 2014 N 277-FZ)

4. Acts provided for in part three of this article, if they caused major damage, -

shall be punishable by a fine in the amount of one million to three million rubles or in the amount of the wages or other income of the convicted person for a period of four to five years, or by imprisonment for a term of up to ten years with a fine in the amount of three hundred thousand to five hundred thousand rubles or in the amount of wages wages or other income of the convicted person for a period of two to three years or without it.

(as amended by Federal Law dated July 21, 2014 N 277-FZ)

Note. In this article, major damage is recognized as damage if the value of destroyed or damaged forest plantations and other plantings, calculated according to the taxes approved by the Government of the Russian Federation, exceeds fifty thousand rubles.

Commentary on Article 261

Article 262. Violation of the regime of specially protected natural territories and natural objects

Violation of the regime of nature reserves, wildlife sanctuaries, national parks, natural monuments and other specially protected state natural areas, resulting in significant damage, -

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.

(as amended by Federal Laws dated December 8, 2003 N 162-FZ, dated May 6, 2010 N 81-FZ, dated December 7, 2011 N 420-FZ)

Commentary on Article 262