Punishment for excavating with a metal detector. Procedure if treasure is found in Russia

guduna | 1.04.2019 15:04

The law establishes the procedure and rules for issuing an open sheet; we will briefly summarize it here.

But, in our opinion, the most difficult thing to obtain permission (an open sheet) for excavations is the implementation of these three points.

1. The state must provide a scientific basis for field work. That is, why did you decide that you need to dig here? This justification may look like this: “From archival records about the history of the Volga region and maps of 1865, I found out that in this place there was a forge, which was famous throughout the region for its innovations and extraordinary technical solutions of that time. The purpose of excavations in this place is to discover items produced by this forge and to convey to the public new information about the history in this direction.”

2. The second point is that you must have a higher education in history, museum studies and monument protection. Here, as we understand, most of the cop fans no longer fall under the criteria.

3. And thirdly, the existing archaeological community must apply for a permit for you from the Ministry of Culture. And you must have an employment relationship with this community, that is, work for them or perform some functions for them.

Plus, this open sheet is issued for a certain period and gives the right to work as a cop in a certain territory. If you want to legally dig in another place, you will need to obtain this permission again.

Below are the main points of the rules for obtaining an open sheet.

Open sheets are issued by the Ministry of Culture of the Russian Federation, taking into account the conclusion of the federal state budgetary institution “Russian Academy of Sciences” (hereinafter referred to as the Academy) on the feasibility of conducting archaeological field work.

To obtain an open sheet, individuals (hereinafter referred to as the applicants) submit to the Ministry of Culture of the Russian Federation an application for the issuance of an open sheet (hereinafter referred to as the application) in the form according to the Appendix.

The following documents are attached to the application:

a) scientific justification for archaeological field work, defining the goals, objectives, scope of their implementation and research methods;

b) a petition from a legal entity whose statutory goals are to conduct archaeological field work, and (or) carry out related scientific research, and (or) identify and collect museum objects and museum collections, and (or) train highly qualified personnel in the relevant field specialty (hereinafter referred to as the employer) with whom the applicant has an employment relationship, on issuing an open sheet to the applicant;

c) copies of the employer’s constituent documents, certified by its manager;

d) a copy of an identity document of a citizen of the Russian Federation;

e) copies of documents confirming that the applicant has a higher education (bachelor’s, specialist’s, master’s) in the specialties “history”, “museum management and monument protection” or postgraduate professional education in graduate school (training highly qualified personnel according to training programs for scientific and pedagogical personnel in postgraduate studies) in the specified specialties, as well as in the specialty “archaeology”;

f) information about open sheets previously issued to the applicant;

g) a certificate confirming the acceptance by the Academy of scientific reports on the applicant’s archaeological field work on the basis of previously issued open sheets, and in the case of receiving an open sheet for the first time - a certificate from the Academy confirming the applicant’s direct participation in archaeological field work as part of an archaeological expedition, as well as preparation of a scientific report;

h) information about the customer of archaeological field work that the applicant intends to carry out on the basis of an open sheet (full and short name of the organization, location and actual address of the organization, telephone number or, if the customer is an individual, his last name, first name and (if any) ) middle name, identity document details, telephone number);

i) copies of documents justifying the conduct of archaeological field work - the work plan of the employer conducting planned research work, an agreement (offer) to carry out rescue archaeological field work, which the applicant intends to carry out on the basis of an open sheet.

The Ministry of Culture of the Russian Federation, upon receipt of an application and documents attached to it in accordance with these Rules (hereinafter referred to as documents), checks their compliance with the requirements established by these Rules, including within the framework of interdepartmental information interaction.

After accepting the application and documents, the Ministry of Culture of the Russian Federation conducts an inspection:

a) completeness and reliability of information about the applicant contained in the application and documents;
b) compliance of documents justifying archaeological field work with the legislation of the Russian Federation.

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Forecast for 2018 for treasure hunters

It’s already 2018 on the calendar, which means it’s time to figure out what lies ahead. First, let's deal with the realities of the coming year in the field of legislation, and then move on to the eastern calendar.

Changes in legislation

We hasten to please you that no tightening of legislation regarding treasures found in our country is expected in 2018. This means that, according to the law, the finder of the treasure must receive 50% of its value, as before. That is, everything remains as it was before. This means that roads into fields and forests are open to treasure hunters.

However, there is one important change in legislation that should take place in 2018. It is expected that amendments will be made to the Subsoil Law at the state level. According to the bill, private individuals will be allowed to mine gold in areas remaining after the development of gold deposits. At each such site it will be possible to mine up to 10 or even up to 20 kg of gold. The law on the free supply of gold will be tested in the Magadan region. There is no need to guess whether search engines with metal detectors will go there if gold can be looked for without bureaucratic delays and barriers.

It is useful for treasure hunters to familiarize themselves with one more innovation: in Russia, from May 1, 2018, a resort tax will be introduced. This is a tax that will need to be paid for the use of resort infrastructure in the Crimea, Altai, Krasnodar and Stavropol territories. The tax will be up to 50 rubles per day per tourist. So when traveling to these regions with a metal detector, you need to be prepared to pay extra money.

Forecast according to the eastern calendar

2018 is the year of the Yellow Earth Dog. If you think about it, this is a threefold totem of a treasure hunter: “earthy”, that is, associated with the earth, “yellow” - a hint of gold, and “dog” - an animal that is known for its ability to find something. Everything already suggests that the year will be very successful for search engines.

As experts in the eastern horoscope say, people who are willing to work hard to ensure a comfortable existence will receive all kinds of rewards. And how can you not think about searching for treasures? They also write that “the Dog will punish those for whom conscience, law and moral standards do not exist.” In a word, citizens, do not dig up burials, archaeological sites, and bury holes behind you while searching - and you will be happy!

Next. The Yellow – almost Golden – Dog will bring good luck to those who are ready for everything new. Good events and discoveries should be expected in the first six months of the new year; they will become the most profitable and productive. In the second half of the year, you will need to pay attention to your personal well-being and take advantage of your vacation. Maybe you'll be lucky with treasure or finds on distant shores?

We hope that each of you, dear readers, who is not too lazy to walk the difficult Kopar roads, wind hundreds of kilometers and dig up thousands of signals, will finally find their treasure! Perhaps the Yellow Earth Dog will bring you a handful of copper, or a jug of silver, or even a pot of gold. We believe that the new year 2018 will be successful for you!

Where can you dig with a metal detector under the new law?

Treasure hunting is a hobby that some Russians enjoy, and a metal detector is an almost necessary assistant. Some treasure hunters are very successful and make money from their hobby, but questions arise about the legality of the excavations. The Criminal Code provides for quite severe punishments for violating treasure hunting rules, so it is imperative to know the nuances of the legislation when going in search of artifacts. Where you can dig with a metal detector under the new law, what penalties are provided in 2018 for violating the legislation on treasure hunting.

Does the law allow treasure hunting in principle?

This needs to be dealt with in more detail. On the one hand, the law allows treasure hunting as such, but at the same time it imposes such restrictions on such activities that in fact most treasure hunters violate the criminal code and take quite a lot of risks.

When engaging in treasure hunting, you need to be guided by Article 243.2 of the Criminal Code of the Russian Federation, according to which a person, unless he is a professional archaeologist or a person of another profession who has been issued a special document - a permit, or an open sheet - has no right to damage or destroy a cultural layer.

The whole question is what is considered a cultural layer in this case. According to Russian law, a cultural layer is a layer in the ground or under water that contains traces of human existence that are more than 100 years old.

In this sense, Russian law is more specific than Soviet law, which spoke vaguely about previous eras, but did not give a specific line beyond which these eras begin in the understanding of the legislator.

Thus, you have the right to conduct searches only where there clearly cannot be any traces of human activity that are more than a hundred years old. And there are not many such places. They may be:

In the latter case, it is worth understanding that if you nevertheless discover some kind of find that is more than a hundred years old, by law you are obliged to hand it over to the state, because everything that is in the cultural layers and all archaeological objects are by law the property of the state.

What is the penalty for breaking the law?

The same article of the criminal code - 243.2 - provides for quite severe penalties for violating the cultural layer and for searching for artifacts that are more than a hundred years old. In this case, the metal detector in your hands acts as an aggravating circumstance, so you may face one of the following sanctions:

• fine up to 1 million rubles,
• a fine in the amount of the offender’s income for 5 years,
• deprivation of the right to work in certain positions for up to 5 years,
• forced labor for up to 5 years,
• imprisonment for up to 6 years.

In fact, any discovery you make in 2018 could qualify you for the article if it dates back to an earlier era than the start of the Russian Civil War.

According to Russian law, a cultural layer is any trinket that was dropped by some peasant more than a hundred years ago. If you find a rusty horse shoe underground that fell off before the revolution, you risk becoming accused in a criminal case.

Treasure Hunting Law 2017. Treasure hunting according to the law. Searching for treasure with a metal detector

Treasure Hunting Law 2017. Treasure hunting according to the law. Treasure hunting with a metal detector Many times I have been asked about the law on treasure hunting. Is it possible to search for treasure legally? What to do with the findings according to the law? Is it legal to search for coins? I will tell you about all this and more regarding the search for treasure according to the law in this video. Look! It will be interesting!

Comments and discussion

The grill on Red Square will be taken away. So what should I do?

P.S. The video is good. Thank you.

Briefly summarize the essence of the video, please. Because my tariff doesn’t have enough megabytes, it’s only enough for reading. Although I can assume that this video says: To the Aborigines who were born on their own land, this land does not belong to them, and also what is in its depths, including in water and other places. Did you guess right?

Zolotar (Zolotar), Chishmy wrote:

Everything is good and everything is correct. Nothing extra. + +

The video is great! Everything is clear, accessible and interesting! Video class. +++

Thank you all for your feedback.

Only club members can add comments

Finding coins and treasures with a metal detector in 2018



Recently, searching for treasures and metal products has become not just an exciting activity, but also a gambling pastime. Every year there are more and more participants; many try to find unique and antique items, and then put them up for auction for a high price. However, this hobby contains many subtleties and nuances that everyone needs to know.

It is worth noting that the search for coins is carried out in the fresh air, so you need to think about what to wear and what to protect yourself from. At the same time, the enthusiast must have an excellent understanding of the history of the country and skillfully handle topographic maps. But after a long study, you can fully enjoy the search for lost values, leaving the bustle of the city far behind. But not all metal specimens have value; you need to be prepared for the fact that some of the “good” found will be simple metal trash. No one says that treasure hunting is an easy task; the search itself involves a large number of difficulties that seekers will have to overcome.

Types of searching for metal exhibits

Despite the huge number of types of coin searches, each treasure hunter chooses the most preferable option. But most often people use a metal detector for their purpose. It is with this device that it is easiest to search for metal products in abandoned places, former settlements, old buildings, etc. But a metal detector can find ancient and rare coins, including valuable pieces of art, in a short time. But in order to comply with all the search rules, treasure hunters choose lost paths that no one has walked along for a long time.

But there are treasure hunters who don’t like wandering through unfamiliar and distant places. They choose modern beaches, where, in addition to cheap metal objects, you can find quite precious objects. For example, these could be chains, rings, jewelry or jewelry items.

According to experts, metal detectors effectively find royal coins in old buildings. The main thing is that the tool is suitable for long-term work. Some brave seekers descend to the very bottom of the wells to explore the area. Sometimes such feats are completely justified, and a real treasure turns out to be at the bottom. Those who hid once forgotten treasure in a well did not waste time in deep holes, choosing a convenient method for immersing treasures.

What does the law say about treasure hunting?

It is worth noting that the law must be observed in any activity, including treasure hunting with a metal detector. Every enthusiast must remember the basic laws about his activities. For example, if an old house belongs to an owner, then before searching for coins you need to get written permission from him. If this is not done, then the found treasure will be given by law to the owner of the house. In addition, if coins are of cultural value to the country, they must be immediately transferred to the state.

When searching for valuables using a metal detector, it is worth remembering that this is the prerogative of archaeologists. Sometimes the activities of a treasure hunter can be equated to archaeological excavations. If an archaeological object of scientific interest was found using the device, it will have to be given to scientists through the appropriate authorities. The main points on treasure hunting activities are specified in the “Law on Treasure Hunting and Metal Detecting”.



Devices for searching for valuables

Every person who is planning to seriously engage in treasure hunting needs a device in the form of a metal detector; it greatly simplifies the work. According to experts, it is better for beginners to take the simplest models, since at first they need to get used to the type of activity and gain experience. Moreover, expensive models have many functions that will be incomprehensible to beginners.

In addition, the treasure hunter should always have a small shovel, the size of a backpack. This tool will allow you to get to the treasure in the shortest possible time. As you work, you will need a container in which to put the things you find. This container should be plastic so that the jewelry cannot be damaged during the trip. Indeed, when assessing cultural and historical items, not only safety is taken into account, but also appearance. A waste bag should also be available.

Don't forget about a folding knife, which will help cut through greenery, twigs and small trees. Sometimes treasure hunters take with them a probe for valuables, which prevents the find from deteriorating when pulled out of the ground. The remaining elements of equipment are chosen by the treasure hunter himself at his own discretion. The fact is that not everyone can carry heavy backpacks with them, so specialized stores have already assembled treasure hunter kits.

In any case, before you start treasure hunting, you need to study the topic so that if you encounter a problem, you can quickly solve it. Anything can happen while hunting for treasures and coins, and there may be no rescuers nearby. This factor also needs to be taken into account.

yacollectioner.ru

10 important points that a treasure hunter should know. Memo

History of Russian lawmaking regarding treasure hunting

In ancient Rus', it was customary to take found valuables to church ministers, who determined “from whom” the search came: “from the demon or from God,” after which the fate of the find was decided. During the reign of Peter the Great, a decree was issued that all finds on Russian soil belonged to the state. Catherine the Great legally established the right of the land owner to all valuables found on his land, and a set of civil laws issued in 1832 confirmed the right of the land owner to treasures; accordingly, everything that was found on state territory belonged to the state. These rules were in effect until the overthrow of the monarchy in 1917. In the Soviet Union, all found artifacts a priori belonged to the state. However, the finder of the treasure was entitled to 25% of the value of the found treasure.

What should a treasure hunter remember?



1. First of all, it is necessary to distinguish between such types of activities as archeology and treasure hunting. Archeology implies the professional activity of a specialist who has permission to conduct archaeological excavations, including in places of historical and cultural value. In addition, archaeologists do not have the right to demand compensation for the value of the value they found.
Treasure hunting is actually a hobby, even if a person devotes his life to this activity. In Russia, the only official organization that has state registration is the Federation of Instrument Search of Russia (FPPR).

2. Remember that the legislation of different countries regulates the search for treasure in their territories differently, so you should definitely familiarize yourself with local laws, and only then start searching and excavating. In some countries, you will need to obtain a license for this type of activity, indicating the terms of the search, in others - a permit, which stipulates that the state receives a certain share of the found treasure.

3. The Civil Code of the Russian Federation, the Criminal Code of the Russian Federation, the law “On objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation”, the law “On Weapons” and a number of other decrees and orders of the Government of the Russian Federation are related to treasure hunting. In particular, the legislative codification of such a concept as “treasure” is contained in the Civil Code of the Russian Federation - this is money or valuable objects buried in the ground or otherwise hidden, the owner of which cannot be identified or, by force of law, has lost the right to it. A treasure should be distinguished from a “find” when there is information about who could be the owner of the found item, or there is a chance to find the owners. To do this, it is necessary to report the find to the police, and only after 6 months the person who found the item acquires the right to it.

4. According to current legislation, the person who finds the treasure must share it equally with the owner of the land on which it was found. If the owner of the land did not give permission to search for treasure on his territory, then all artifacts and treasures found must be transferred to the owner.

5. There is a significant reservation regarding the found treasure: if objects or elements of cultural and historical value are found in it, then they must be transferred to the state, which will pay the treasure hunter half the value of the found treasure. The amount received will be divided equally between the treasure hunter and the owner of the land.

6. Another important point: you cannot violate the inviolability of cultural heritage sites, historical and cultural monuments (these can be burial mounds, ancient buildings, historical sites, etc.) - this is fraught with fines and criminal prosecution. Thus, Article 243 of the Criminal Code of the Russian Federation provides for a fine of 200 thousand rubles or imprisonment for up to 2 years for damage to state-protected objects, and from 100 to 500 thousand rubles (or up to 5 years of imprisonment) for damage to objects of national importance. In addition, in Art. 244 of the Criminal Code of the Russian Federation states that desecration of burial places is subject to a fine of up to 40,000 rubles or arrest for up to three months.



8. It must be remembered that the weapon found is subject to registration with the internal affairs bodies, and if it is unsuitable for shooting, then it does not need to be registered, but it will have to be brought into a condition that prevents shots from being fired from it.

9. It may happen that during the excavation process, a treasure hunter stumbles upon ancient burials. In this case, in order not to disturb the cultural layer and not damage a possible ancient historical monument, you should not make any more attempts to dig up the relic, but report the find to Rossohrankultury.
10. As for the use of special devices, including metal detectors, when searching for treasures, there are no restrictions on them in Russia yet.

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Law on metal detectors. How not to break it?

You have decided to buy a metal detector. Great, instrument search is a hobby that gives a lot of positive emotions. The last question remains to be clarified: “What are the legal restrictions on searching for treasures with a metal detector?”

Scary headlines in the media that diggers have been detained somewhere may discourage the idea of ​​purchasing a detector. But let's figure out how not to break the law when digging with a metal detector.

Treasure Hunting Laws

In Russia, the activities of diggers are regulated by Law No. 245-FZ of July 23, 2013 “On amendments to certain legislative acts of the Russian Federation regarding the suppression of illegal activities in the field of archeology.” The new law appeared on the basis of Law N 4804-1 of April 15, 1993 “On the export and import of cultural property.” Let us first consider the precise definitions of concepts given in the new law.

Cultural layer is a layer bearing traces of human activity older than 100 years, including archaeological artifacts.

Archaeological objects are movable things, the main or one of the main sources of information about which, regardless of the circumstances of their discovery, are archaeological excavations or finds, including objects discovered as a result of such excavations or finds.

Special technical means - means that allow you to detect archaeological objects (metal detectors, radars, magnetic devices).

The essence of the law on treasure hunting

We will not quote the text of the law verbatim; many clauses do not relate to the activities of diggers. They establish requirements for builders and archaeologists in relation to cultural and historical monuments.

Here are just the innovations that are important to us:

All archaeological objects removed from the ground belong to the state.

The law defines the meaning of “Archaeological Sites” in more detail. This word means: fortifications, mounds, ground burial grounds, ancient burials, villages, sites, stone sculptures, steles, rock carvings, remains of ancient fortifications, industries, canals, courts, roads, places of ancient religious rites classified as objects of archaeological heritage cultural layers.

Article 242.2 (Illegal search and seizure of archaeological objects from burial sites) has been added to the law. The article establishes criminal liability for searching at archaeological sites. In general, punishments can be shown using a table:

Article 8 of this law prohibits the alienation of archaeological objects (except in cases of transfer to the state). Violation may result in a fine of up to 5,000 rubles.

Explanation of the law

As we can see, the law has toughened penalties for illegal research and trafficking of objects.

It is clear from the text of the law that archaeological objects are determined to be 100 years old. Already this moment allows us to search for objects in places where people lived only in the last century. The law does not prohibit the use, purchase, or sale of metal detectors and does not require a special license. The ban on use is established only in relation to archaeological monuments.

Is it possible to search for military relics with a metal detector?

You can conduct searches in places that have traces of the Second World War. It is not prohibited to look for money, tokens, buttons, household items, etc., dating back to this period. But remember that the storage of explosive objects and weapons is regulated by Article 222 of the Criminal Code of the Russian Federation, according to which “illegal acquisition, transfer, sale, storage, transportation or carrying of firearms, their main parts, ammunition, ..., explosives or explosive devices” is punishable by imprisonment for 4 years. If an “echo of war” is accidentally discovered, it must be immediately reported to the relevant authorities, indicating the exact coordinates.

Is it possible to search with a metal detector on the beach?

You can also search on beaches, but only on municipal ones. On private beaches, you must obtain permission from the owner, preferably in writing.

If you are not sure whether this beach belongs to the state or a private person, then it is better to ask one of the locals.

So, we found out that searching in places other than archaeological sites is allowed.

Is it possible to search for objects older than 100 years with a metal detector?

Let us note once again that the removal of objects older than 100 years from the earth is prohibited, but the law does not provide an explanation for the following paradoxes. Why are the “lost items” of an ordinary peasant and the jewelry of a Scythian warrior equated to the same concept of “archaeological objects”?

According to the law, agricultural machinery plowing fields violates the cultural layer if it contains objects older than 100 years?

In essence, the law did not change the problem of the destruction of archaeological sites, but only put law-abiding citizens in an awkward position. It is almost impossible to prove involvement in the destruction of a cultural layer, unless caught on the spot.

If a policeman approaches you in a cop, then explain that you have lost your car keys or are digging for scrap metal.

And if you are still worried that it is dangerous to search on a 19th-century farm, then we suggest you take the following actions. Having found another imperial coin, bring it to the nearest local history museum and report that you accidentally discovered a Nikolaev penny on the site of an old village.
Provide the exact coordinates and watch how quickly archaeologists will go to the site to record a historically valuable find and conduct archaeological excavations. But seriously, you yourself understand how they will look at you...

Conclusion

Let's try to summarize and answer the question of how not to break the law with a metal detector:

• Do not dig on archaeological sites.
• Do not take home any weapons or explosives you find.
• Try to look away from roads.
• Do not search on private property without the owner's permission.
• Do not leave behind a “lunar landscape”.

By following these rules, you will protect yourself from problems with the law in 99.9% of cases.

Metal Detector Law 2013

In August 2013, the “Law on Metal Detectors” or the law “banning metal detectors” came into force, which gave rise to many questions among lovers of instrument detection regarding their hobby. We present to your attention a brief overview of the legislation on this issue, as well as generalized opinions on the topic:

“Is it possible to dig with a metal detector, how to do it now, and what will happen?”

I. Review of legislation

“The Law on Metal Detectors” is Federal Law No. 245-FZ of July 23, 2013 “On amendments to certain legislative acts of the Russian Federation regarding the suppression of illegal activities in the field of archeology.” The full text of this document can be found on the Internet, in particular on the website of the Russian newspaper: http://www.rg.ru/2013/07/26/arch-dok.html

Here I will consider only its main provisions, as well as the innovations it introduced.

1. There are no longer any objects in no man's land (in fields, forests, along the banks). The law defines state ownership of any finds - “Objects of archaeological heritage, as well as all archaeological objects lying on the surface of the earth, in the ground or under water, are in state ownership.”

2. The Criminal Code has now been supplemented with Article 243.2 “Illegal search and (or) seizure of archaeological objects from burial sites”, according to which: - “Search and (or) removal of archaeological objects from places of occurrence on the surface of the earth, in the ground or under water, ... resulting in damage or destruction of the cultural layer” - a fine of up to 500 thousand rubles, correctional labor for up to a year, or imprisonment for up to 2 years. - “The same acts committed within the boundaries of the territory of a cultural heritage site, ... or an identified cultural heritage site, - fine up to 700 thousand rubles. or imprisonment for up to 4 years. - “The same acts committed... using special technical search tools...; by a group of persons by prior conspiracy or by an organized group" - a fine of up to 1 million rubles, correctional labor for up to 5 years, or imprisonment for up to 6 years.

The basis for criminal prosecution is the fact of damage or destruction of a cultural layer.

Cultural layer - « layer in the ground or under water containing traces of human existence, the origin of which exceeds one hundred years, including archaeological objects.”

Archaeological objects – “movable things, the main or one of the main sources of information about which, regardless of the circumstances of their discovery, are archaeological excavations or finds, including objects discovered as a result of such excavations or finds.”

Special technical means - « metal detectors, radars, magnetic devices and other technical means to determine the presence of archaeological objects at the location.”

3. The Code of Administrative Offenses now contains Article 7.151. “Illegal trafficking in archaeological objects,” according to which transactions with archaeological objects are fraught with a fine of up to 5 thousand rubles from citizens, with confiscation of archaeological objects.

4. The law introduces Article 8, according to which “ individuals and legal entities who own archaeological objects do not have the right to alienate these archaeological objects, except in the case of transferring them to the state"or to the museum fund.

5. In addition to these innovations, Article 222 of the Criminal Code of the Russian Federation is still in force, according to which “illegal acquisition, transfer, sale, storage, transportation or carrying of firearms, their main parts, ammunition, ..., explosives or explosive devices” is fraught with imprisonment for up to 4 years.

6. You definitely cannot dig in areas of cultural heritage, monuments, necropolises, designated settlements and tracts, in the territories of churches, temples, etc. The list of cultural heritage objects is given in the text of the Law “On objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation”, approved by Decree of the President of the Russian Federation dated February 20, 1995 N 176. This list is not exhaustive, because the Law in question introduces the wording “cultural object heritage included in the unified state register of cultural heritage objects..., or an identified cultural heritage object” - that is, the excavation site can be recognized as an object of cultural heritage on the basis of your own finds.

7. Any excavations in the lap of nature - a fine from citizens in the amount of 1000-1500 rubles. for “unauthorized removal or movement of fertile soil layer”, Article 8.6 Damage to land of the Administrative Code.

“What will it be?”

Considering the question “what will happen for this”, you can create an approximate table of fines:

II. Review of opinions on the law “on the ban on searching with a metal detector in Russia”

Hypothetically, the wording of the “Law on Metal Detectors” does not include items from the Great Patriotic War and modern “lost items,” as well as (according to forum members) items found “above the surface of the earth” (i.e., in building structures and attics).

Transporting, carrying and storing metal detectors is not prohibited. The use of metal detectors for other purposes is not prohibited.

On the other hand, our country has such a rich history that on any piece of land you can find objects, if not of a “very ancient person,” then just an “ancient person” for sure, and therefore any digging of holes outside the boundaries of your (grandparents’) plot may be referred to as a “disturbance of the cultural layer.”

As for searching in attics, other articles of the Criminal Code of the Russian Federation apply here regarding illegal entry and theft. Carrying and transporting the device is not prohibited, but its presence in the case of “digging holes” or in the presence of archaeological objects will serve as evidence of intent and a serious aggravating circumstance (“use of special means”).

You can use “special technical means” for other purposes, for example, to search for home electrical wiring (30 km from the nearest residence), scrap metal in the untrodden taiga, or UFO landing sites, as proof of which be prepared to provide confirmation of this from a local hermit, a personal order - an order from a meteorite collection point, or a certificate from aliens, or a fake permit to search for meteorites.

Seriously speaking, to the question “is it possible to dig with a metal detector”, there are several possible answers:

a) it is impossible (except for cases where there is an Open Sheet for excavations, issued to persons with a higher historical education and experience in archaeological work on expeditions, who have a contractual or employment relationship with a legal entity that has the right to carry out arch. work, on the basis of a decision to issue an open sheet special commission of the Russian Academy of Sciences);

b) it is possible if the excavation is carried out on your own (grandmother’s/grandfather’s) plot (in this case, if you discover a Scythian burial or objects of any other cultural heritage on your 6 acres, you are obliged to stop excavations and notify the authorized authorities);

c) theoretically possible, if you are ready to prove that the object of your interest is not arch. objects, and actions do not affect the cultural layer (i.e., for the entire existence of mankind, ancient people bypassed your clearing).

d) “I can’t, but I will anyway” (a frequent opinion on thematic forums).

If everything is more or less clear with the first two points, it is interesting to consider the opinions of the diggers on the last points, or rather, the methods being discussed, “how to dig now.”

“How to dig now.”

Meeting of diggers by authorized persons is most often possible: - Purposefully at the mine. If local authorities organize a planned raid, be prepared to be suddenly surrounded by about 20 riot police officers and shown an entertaining video in which someone very similar to you is waving a device and digging holes. This is quite enough to get into very big troubles.

By chance on a cop. If you meet a huntsman or forester walking around his territory. In case of attempts to break away, he will simply organize a “loaf” or funnel and send it to the nearest regional center for drawing up a protocol.

After the cop. Usually there are very few people who want to run after a digger through forests and fields, so it’s easier to sit next to an abandoned car and wait for the digger to come with a shovel, a tool and a full bag of swag.

On the way. A routine check by traffic police officers can lead to trouble if a shovel or device is noticed in the car, which, naturally, can lead to increased interest in the contents of the trunk and “that bag covered with earth.”

Where swag is stored. The earth is full of rumors, and therefore a local police officer can come in with several comrades and ask what is stored in the basement, because some grandmother saw how “this one again dragged a full sack of something.”

Now, by the way, camera traps are being hung around the Moscow region, designed to discreetly capture summer residents at the moment they throw out garbage along the roadsides. It would probably be stupid to see a police officer’s photo of the process of loading swag into the trunk, or, for example, a photo of a squad of search engines in full gear, studying with interest a strange device on a tree...

The measures proposed by the diggers can be reduced to several main points:

1. Don't talk!

2. Do not advertise your affiliation with the diggers.

If previously a man in camouflage waving a device aroused interest, now he is equated to a potential criminal. Therefore, remove the shovel and the device out of sight. Get rid of thematic inscriptions, chevrons and stripes. One such “black” patch can outweigh all your arguments that you just went out for a walk.

3. Do not carry archaeological objects with you (!!!).

Having archaeological objects on you clearly implies that you found and seized them (the option “found this lost thing over there on the road” will not work, see definition).

4. Disguise yourself.

Move vehicles out of sight. Do not comb open areas in the direct line of sight of potential prying eyes. Consider the option of replacing the shovel with a sapper shovel. Consider the option of shortening the device (replacing the field coil with a mono-narrow-directional one, replacing the sliding rod with a short plastic or wooden one, removing the armrest, wrapping it in burlap; some craftsmen even throw out the rod and hang the coil on their arm). Be prepared to quickly and quietly get rid of the shovel and equipment. Don't wear headphones to hear what's going on around you; on the other hand, minimize the sound of the device - a working ICQ can be heard a good hundred meters away, so either cover the speaker with electrical tape or hang headphones around your neck.

5. Insure yourself.

Provide visibility and communication in the group (binoculars, walkie-talkies, duty sequence). Think over the legend of your stay at the place, ensure its realism. If you are looking for worms, be kind enough to have a fishing rod with you and know the local bodies of water (you must admit, a fisherman in the Kazakh steppe is a very colorful character). If you are looking for scrap metal, load the trunk with ferrous metal. If you are looking for mushrooms in April-May, be prepared to present a basket and a certificate from a psychiatrist. If you are looking for a friend’s lost earring in the taiga, be prepared to present the second earring, a couple of witnesses to the loss, and the upset friend herself.

If you have a shovel and a device on hand, everything becomes much more complicated, because... no earrings can bury themselves 20 cm into the ground, and no one will buy a device for 20-50 thousand to search for ferrous metal “for a hangover.”

And keep in mind that even for the very fact of digging holes (scientifically - “damage to the fertile soil layer”, Article 8.6) they may well draw up a protocol for 1-1.5 thousand rubles, but there have been no precedents yet.

6. Act based on common sense and your conscience.

Due to the lack of judicial practice under the new law, it is not yet clear what will be taken into account and what will not. On the other hand, there is experience in applying the law on cultural heritage, the weak point of which was the definition of the boundaries of cultural heritage objects. The new law takes this gap into account, the law has been adopted, its implementation should follow, and at least several show trials next season. Therefore, there can only be one piece of advice - don’t break it.

The opinions of people from thematic forums were used: poisk32, forum.kladoiskatel.ru and others.

Best regards, Igor.