Every year, hunters exterminate thousands of different species of animals. The situation is so sad that many of our “smaller brothers” are listed in the Red Book. Unfortunately, this does not stop people and the hunt continues. The country's legislation has developed penalties that gently warn of violations of established prohibitions; if they do not apply, more stringent standards are applied to miners in the form of administrative and criminal penalties.
Regulatory framework - the current legislation of the Russian Federation on poachers and violations of hunting rules
Russians who harm nature for personal material gain certainly bear responsibility. In Russia they are very strict about poaching and illegal hunting.
Let us list which legal acts control the protection of animal rights and nature:
- Article 58 of the Constitution of the Russian Federation. It states that “everyone is obliged to preserve nature and the environment, and take care of natural resources.”
- Federal Law No. 209 “On hunting and the conservation of hunting resources...”.
- Order of the Ministry of Natural Resources No. 612 of February 12, 2018. Reinforces changes to the Methodology for calculating damage caused to hunting resources.
- Methodology for calculating the amount of damage caused to hunting resources. Revised and supplemented annually.
- Federal Law No. 157 dated June 27, 2020.
- Federal Law No. 150 “On Weapons”.
- Article 258 of the Criminal Code of the Russian Federation. Illegal hunting.
- Article 8.37 of the Code of Administrative Offenses of the Russian Federation. Violation of hunting rules, rules regulating fishing and other types of use of wildlife.
- Legally Approved Applications.
Articles of the Criminal Code of the Russian Federation for illegal acquisition, transfer, sale, storage, transportation or carrying of weapons, their main parts, ammunition
The main goal of a poacher is to earn money. If a citizen is held accountable for poaching, it will be very difficult for him to prove otherwise.
Contact our lawyers, they have experience in handling similar cases in court.
What is poaching?
Poaching is understood as deliberately causing harm to nature for the purpose of obtaining personal material gain. Rare plants and animals die for the sake of human whim, are sacrificed to momentary desire. Poachers set themselves the goal of making money through illegal shooting of animals, fishing or logging. As a result, natural resources are depleted.
Shooting animals on the territory of the reserve is poaching
What can be considered a violation of this type?
- Lack of a hunting license for shooting game. When there is no permit, a person has no right to hunt. There are heavy fines for illegal hunting.
- Carrying out hunting at the wrong time of year. It turns out that if you go out into the forest with a gun drawn at the wrong time, you can get serious punishment. The fine for violating hunting rules will be quite significant.
- Shooting wild animals and catching fish that are prohibited by law. Some representatives of the fauna are listed in the Red Book. Hunting them can lead to the complete extinction of specific species. To avoid such undesirable consequences, a fine is provided for violation of hunting rules.
- Exceeding the norm for shooting or catching animals is also called poaching. It is necessary to strictly follow the established rules and avoid arbitrariness. It is not enough to have a special license; you must be guided by existing provisions in order not to go beyond the adopted law.
Among other things, it is worth noting that poachers often use a barbaric approach. Usually such people are not burdened by any moral principles and do not worry about the state of nature. They are guided only by personal considerations, intending to earn big money from illegal hunting activities. If it is possible to fine at least a small part of the unceremonious pests of nature, then hundreds and thousands of representatives of the animal world can be considered saved.
Administrative liability for violation of hunting rules and poaching
The attacker may be held accountable under Article 8.37 of the Code of Administrative Offenses of the Russian Federation . It provides for the following penalties:
| Violation | Punishment | Article |
| Violation of Hunting Rules | An individual faces: — Fine from 500 to 4,000 rubles. They may also confiscate weapons. — Deprivation of the right to hunt for 2 years. An official can: — Force to pay a fine in the amount of 20,000 to 35,000 rubles. Hunting weapons may also be confiscated. | Part 1 of Article 8.37 of the Code of Administrative Offenses of the Russian Federation. |
| Repeated violation of the Hunting Rules committed within 1 year | An individual faces: — Fine from 4,000 to 5,000 rubles. with confiscation of hunting tools. They can issue a fine without confiscation. — Deprivation of hunting rights for 1-3 years. The official will: — Pay a fine in the amount of 35,000 to 50,000 rubles. - Forced to hand over hunting tools. But it is not always confiscated. | Part 1.1 of Article 8.37 of the Code of Administrative Offenses of the Russian Federation |
| Carrying out hunting in violation of the hunting deadlines established by the hunting rules | An individual faces restriction of hunting rights for 1-2 years. The official will pay a fine of 35,000 - 50,000 rubles. Hunting weapons may also be confiscated. | Part 1.2 of Article 8.37 of the Code of Administrative Offenses of the Russian Federation |
| Failure to present to the inspector or employees of the relevant authorities a hunting license, hunting permits, vouchers, permits to store and carry hunting weapons, in the case of hunting with firearms or pneumatic weapons Application for a permit to store and carry weapons, application for re-issuance or extension of the validity of the permit | An individual may be deprived of hunting rights for 1-2 years. The official will pay a fine from 20,000 to 40,000 rubles. Weapons may also be confiscated. | Part 1.3 of Article 8.37 of the Code of Administrative Offenses of the Russian Federation |
| Violation of the Rules for the Use of Fauna | — An individual will have to pay a fine in the amount of 500 to 1,000 rubles. - The official will pay a fine of 2,500 - 5,000 rubles. — A legal entity faces a fine in the amount of 50,000 to 100,000 rubles. The violator may not only be fined, but may also have his hunting tools confiscated. | Part 3 of Article 8.37 of the Code of Administrative Offenses of the Russian Federation |
In some cases, the court may make concessions to the attacker. Read about exceptions in detail in Article 8.37 of the Code of Administrative Offenses of the Russian Federation, and also pay attention to judicial practice.
What a novice hunter needs to know
The Code of Administrative Offenses prescribes punishment for many offenses, but a separate article includes fines for hunting without a permit in 2020 (Article 8.37). I would like to immediately warn that violators, in addition to a fine, also face deprivation of their rights, and this means the inability to hunt for two years, as a rule. Also, get ready to part with your gun or other illegal fishing tools, especially when it comes to nets, traps and snares - often criminal prosecution begins for their use.
Many people are interested in where you can hunt without a permit, and the answer is simple - nowhere, with the exception, perhaps, of your backyard. In other cases, you must buy a ticket, but first you need to decide on the type of hunting for which you should select a weapon. Once you have decided who you want to hunt, it is worth finding out when you can do this, because even having the best document does not give you the right to hunt in the off-season, although it is unlikely that you will be given such a permit. A permit can be obtained from the ranger responsible for a particular area, and remember that the type of weapon must correspond to the chosen hunting option.
Who decides on administrative liability for a poacher?
Many structures are involved in the control of hunting in the Russian Federation. This includes the executive power of constituent entities, municipalities, the Ministry of Natural Resources, as well as environmental organizations themselves.
A decision on administrative liability can be made in court . All “disputes in the field of hunting and conservation of hunting resources will be settled in court.” This is stated in Article 56 of Federal Law No. 209 “On Hunting” .
Please note that at the scene of the offense, the inspector has the right to draw up an act and relevant documents, collect evidence, search the poachers’ belongings or vehicle, but he cannot issue a receipt for a fine.
Having collected all the information, he sends the documentation to law enforcement agencies, to the court with a request to bring the violator to administrative or criminal liability. Further, the issue will be resolved at another level.
How to appeal a decision
In order to appeal a court decision, a citizen must file an appeal with a higher authority. For example, if a judge of the District Court made a decision, then contact the regional or regional court.
You can challenge a court decision within 10 days from the date of its issuance. If a citizen received a court decision later, for example, due to postal delays, then he can extend this period.
Please note that a decision on administrative or criminal liability is made in the presence of the defendant.
A citizen who is accused of poaching or illegal hunting must defend his rights and interests. He can provide the court with audio or video recordings of what is happening at the scene of the offense.
The defendant has the right to demand evidence from the official, on the basis of which a court decision will be made.
What are the consequences of late payment of a fine for illegal hunting?
The Administrative Code states that failure to pay a fine within the prescribed time entails legal consequences in the form of a new administrative fine. As a rule, its amount is twice the first.
It is stipulated that the new fine may be no less than 1,000 rubles.
In addition to penalties, the violator may face:
- Arrest for 15 days.
- Compulsory work for up to 50 hours.
A bailiff may impose new fines and penalties for late payment - or ignoring requirements altogether.
Can a citizen not pay a fine?
This is possible if a court decision or order has not been enforced within 2 years from the date it entered into legal force.
If the citizen did not evade payments and the statute of limitations has expired (the specified 2 years) from the date of the decision, then the violator may not pay the fine. It is necessary to contact the bailiff service and ask to terminate the enforcement proceedings due to the expired deadlines.
Punishment for fishing with nets
Legislative bodies are developing laws that are aimed at ensuring the safety of fish populations. Catching fish moving from the sea to rivers with nets during the spawning period contributes to a noticeable reduction in the number of fish stocks.
Fishing using drift nets is quite effective, and its scale is colossal. And if we take into account the fact that poachers simultaneously install about a hundred nets, this will lead to a situation of devastation of the spawning area. To prevent this, permissible catch standards and fines for non-compliance with these requirements are introduced.
Fishing with nets is permitted in the following areas: Far East, Siberia and northern regions. In this case, you must have the appropriate license. Specialists mark networks with the owner’s data on them. This license cannot be transferred to third parties, and in the absence of it, a fine is paid for catching fish with nets.
Its size depends on additional factors, but it should be noted that for each individual salmon you will have to pay an additional 300 rubles, pink salmon - 35 rubles, crab - 200 rubles. What the fine will be for a roe deer or other forest dweller depends on the availability of a license and the time of hunting.
Article 258 of the Criminal Code of the Russian Federation – corpus delicti and punishment
Let's consider the corpus delicti under Article 258 of the Criminal Code of the Russian Federation in order to understand how the offense is committed, with what intent, and what concepts are the main ones.
We will tell you what punishment can be imposed on an intruder-poacher or illegal hunter.
According to Part 1 of Article 258 of the Criminal Code of the Russian Federation, if a citizen hunted illegally and caused major damage in the amount of more than 40,000 rubles. (point a), or used a vehicle or aircraft, explosives, gases or other methods of mass destruction of birds or animals (point b), he may face:
- Fine of up to RUB 500,000. or the amount of income for the last 2 years.
- Correctional labor for 2 years.
- Imprisonment for 2 years.
The same penalties are provided for a citizen if he illegally hunted animals, the hunting of which is completely prohibited (point c), or hunted in a specially protected natural zone or in an environmental disaster zone, or in an environmental emergency zone (point d).
In accordance with Part 2 of Article 258 of the Criminal Code of the Russian Federation, if illegal hunting was committed by a person using his official position, or by a group of persons by prior conspiracy, or by an organized group, or caused particularly large harm (more than 120,000 rubles), then the attacker expects:
- Fine - from 500,000 to 1,000,000 rubles. or in the amount of the convicted person’s income for 3-5 years.
- Imprisonment for 3-5 years. They may also impose restrictions on activities and prohibit a citizen from holding certain positions for 3 years.
The amount of damage caused is determined at special rates, which are approved by the Government of the Russian Federation.
Currently, there are “Taxes for calculating the amount of recovery for damage caused by legal entities and individuals by illegal acquisition or destruction of wildlife objects classified as hunting objects” (approved by Order of the Ministry of Agriculture of the Russian Federation of 1999 No. 399).
About poaching
Poaching is a word familiar to every hunter. This is a broad concept that covers both hunting for rare animals and fishing at inappropriate times. In addition, the use of certain auxiliary devices is considered poaching. For example, when hunting marten, it is prohibited to use traps that slam shut around the animal’s limb. Using traps against some animals is poaching. To avoid problems with choosing a hunting method, you need to familiarize yourself and study in advance all the information about the methods of hunting a particular animal.
If a person goes hunting before the official opening of the season, this is poaching. The poaching statute imposes fines for illegal hunting before the season, but in some cases the person may face criminal charges.
In addition, poaching also refers to illegal logging, commercial fishing in unauthorized places, and any other activity of a hunter that violates legal norms.
Who should you not hunt?
The snow leopard is an endangered animal and is under state protection
The hunter's main book is the Red Book. It includes protected species of animals, including those that are on the verge of extinction. Any hunter should know which animals could potentially result in a significant prison sentence if he shoots them.
The problem is that some people simply do not pay attention to the rules and may unknowingly harm a protected animal.
Hunting for elk, snow leopard, pink pelican and a number of other animals is prohibited on the territory of the Russian Federation.
For elk, hunting is sometimes permitted. This applies to cases when there are too many animals, so there is a need to regulate their population. Such changes are introduced into legislation for a short period of time, and the decision is supplemented by the relevant Resolution.
Hunting the same elk outside the permitted season and without a permit faces a hefty fine. Moreover, the punishment is directly proportional to the harm that the hunter caused to the environment and wildlife. Thus, the most severe laws apply to organized poaching, when the shooting of protected animals is carried out by a group of people. Poaching on an especially large scale threatens not only with a serious fine, but also with imprisonment.
To avoid problems, every hunter should know what the penalties for hunting are and how to avoid getting into trouble with the law.
Features of punishment for illegal hunting in 2020
Before going hunting, a citizen must remember the penalties. Violation of the Hunting Rules and current laws can lead to irreparable consequences.
The type and measure of punishment in 2020 in Russia is determined by the court.
As a rule, the court pays attention to the following nuances:
- Seriousness of the offence.
- Features of the consequences that occurred as a result of the citizen’s actions. For example, the extent to which nature was damaged.
- The amount of damage caused.
Important : If a hunter is deprived of the right to hunt, then his permission to keep and bear arms is also revoked.
As for confiscation, the confiscation of weapons or hunting tools is the first task of inspectors. They have every right to confiscate them from you for violating the Rules.
The fines in 2020 are severe. They were introduced to prevent citizens from wanting to become poachers or hunt illegally.
Who is prohibited from hunting?
Hunting is prohibited for animals and birds whose names are included in the Red Book. It is compiled in accordance with international requirements for the protection of flora and fauna. Endangered species of wild animals, birds, wild plants, and mushrooms are included here.
The following endangered representatives of fauna are listed in the Red Book of the Russian Federation: Far Eastern stork, Japanese crane, spoonbill, pink gull, klokotun, some species of herons, Amur tiger, elk, pink pelican, snow leopard and others.
In their regard, hunting is permitted in certain cases established by the relevant law. Such a need arises, as a rule, during periods of regulating the number of individuals or when eliminating a threat to human life. This decision is supplemented by the relevant Government Resolution.
Otherwise, poachers face not only fines for violating hunting rules, but also significant prison terms. For a group of poachers operating at the wrong time, the most severe punishment is established. It is better for hunters to find out in advance what fine they face for roe deer or fine for elk.
