Is there a fine for illegally cutting down a tree? What is the punishment for cutting down trees in the forest? Already at the consultation after the analysis, a preliminary line of defense is developed

Cut down trees yourself local area apartment building it is forbidden.

This contradicts in the first place.

According to paragraph 8.6.10 of this order, any person who has committed unauthorized cutting down of green spaces in an urban area must be fined to cover the cost of destroyed urban or private property.

8.6.10. For any damage or unauthorized cutting down of green spaces, as well as for failure to take protective measures and negligent attitude towards green spaces It is recommended that those responsible be charged the replacement cost of damaged or destroyed plantings.

8.6.11. Assessment of the cost of fruit and berry plantings and gardens, owned by citizens and falling into the construction zone of residential and industrial buildings, it is recommended to be carried out by the administration of the municipality.

Since the government has instructed regions to determine their own penalties, please refer to local regulations. In Moscow, for example, this punishment is established by the local Administrative Code.

According to its 4.18 article, an individual caught by residents in unauthorized cutting down of a tree or bush can be fined by a court in the amount of up to four thousand rubles.

Legal entities should be even more careful with this, since for them the amount of the fine reaches 300 thousand rubles.

REFERENCE. In the case of tree cutting on city territory, the rules stipulated by Article 260 of the Criminal Code, which protects forest plantations, do not apply. That's why criminal liability for unauthorized sleeping within the city limits cannot be punished by law.

Is it possible to cut down a tree in the yard and who can do it, you will find out from the video:

Cutting down trees in the courtyard of an apartment building

Cutting down trees in the courtyard of an apartment building is a fine.

Do not under any circumstances try to do this yourself..

If the tree is massive, it could damage someone's property or cause physical injury to bystanders.

Moreover, there will definitely be residents who will not like cutting down a bush or tree. Therefore, at the first stage, ask the residents whether the tree causes them any inconvenience. If not, would they mind if the tree was destroyed?

How to cut down a tree in the courtyard of an apartment building? It is advisable to immediately prepare an application to the department of your municipal improvement. You can also send it to management company, but she will redirect the application to the same department, which will only increase the waiting period.

Having drawn up an application, you can collect signatures from consenting residents.

In the application, indicate your contacts and the full name of the organization (they may vary by region). Describe the situation, indicate how exactly the tree prevented you.

According to SNiP, a branched planting must be located at least 5 m from a residential building.

If this standard is not met, the management is already obliged to send workers to cut down the planting.

Strong arguments in favor of destroying a plant include too much clustering of its branches and foliage, because it blocks the light. You can point out that the tree is old and dilapidated, and its branches may accidentally fall on a passerby during a strong wind.

After this, take the application to the department of your choice at the municipality. Such statements are reluctantly accepted. Often employees pretend to lose them so as not to do their jobs.

Be sure to make them stamp and sign an authorized person on the application. And make a personal copy. It may be necessary to besiege the management of this department with complaints.

REFERENCE. It is best to send to the management address ordered letter with a statement. They won't be able to ignore him. Maximum term Waiting time for sending a letter is 3 weeks. If there is no response on time, write a complaint first to the head of the municipality, and then to the prosecutor's office.

If the application is processed according to all the rules, then the workers will come and fix the defect. They will try to solve the problem as carefully as possible, suggesting that you simply trim the branches.

Act according to the circumstances and do not hesitate to give them orders, because the application was given the go-ahead.

What will happen to unauthorized destruction of plantings?

As mentioned earlier, everything is determined by regional authorities.

But the government order, which was discussed earlier, clearly states that those guilty of illegal destruction of trees and shrubs must compensate for their cost precisely for the reason that new ones will appear in place of the destroyed plantings.

The cost of such objects is difficult to estimate. Therefore, the amount of the fine will depend on how many trees were destroyed.

Each tree will be valued at approximately 3-5 thousand rubles. If you decide to independently get rid of a painful problem in the form of leaves blocking the light, then it is better not to cut down the tree, but to trim its branches. This way you will not only avoid liability, but also not incur the wrath of your neighbors.

If it was not you who wanted to cut down the interfering planting, but your neighbor, and you consider his action unacceptable, then write a statement to the police.

Indicate the time, place and person you suspect.

Describe in detail the content of the offense. Next, the police will figure out who destroyed the plantings and why, after which a fine will be imposed through the court.

Conclusion

So, unauthorized cutting down of trees in the courtyard of a multi-story building contradicts administrative legislation. For this act, if found guilty, you will be required to pay a fine, which depends on the laws of your region.

The amount of the fine will be used to restore the plantings. There is only one way to destroy a disturbing object: by writing an application to the municipality at your place of residence.

Illegal destruction of forests causes significant environmental and material damage and is therefore a serious offence. The fine for cutting down trees is significant - its amount can reach hundreds of thousands of rubles. Any citizen who commits an unauthorized log house is called to responsibility, be it individual entrepreneur or summer resident.

Legislation

Illegal removal of trees is considered to be cutting down carried out without special permission. Similar documentation representatives of authorities have the right to formalize and issue local government or forest guards (foresters). A fine for cutting down a tree in a city or forest zone is imposed in case of unauthorized actions on municipal and federal territory.

Violators of the law are brought to justice by state forest protection authorities, environmental or ordinary police officers. Upon arrest, offenders are taken to the department. The equipment and tools used to carry out the felling are confiscated. Punishment is imposed in accordance with the legislation of the Russian Federation.

Criminal liability

Illegal destruction forest plantations refers to environmental crimes and is considered by Article 260 of the Criminal Code of the Russian Federation. To the protected plant objects include trees, vines and shrubs. In order to fall under criminal liability, it is not necessary to remove a significant part of the forest; it is enough to damage the planting without the possibility of its restoration. Such acts are also punishable by law.

Dacha owners and land owners should be aware of the law. A fine for cutting down a tree on their property is imposed on citizens who have committed an offense on land bordering a protected area. These are, for example, zoos and nature reserves.

As a punishment, a fine is provided for cutting down trees, which may be accompanied by additions in the form of work, restrictions on activities, removal from office or imprisonment. The scale of the offense is assessed depending on damage caused and is classified as:

• significant - from 5 thousand rubles;
• large - from 50 thousand;
• especially large – 150 thousand rubles. and higher.

This indicator determines what will be money penalty for unauthorized cutting down of trees. The amount of damage is calculated by a forest guard representative. Preventive measures are determined by the court.

Administrative responsibility

Damage and unauthorized digging of forest vegetation are administrative offenses and are considered in Article 8, paragraph 28 of the Code of Administrative Offenses of the Russian Federation. The penalty is a fine for cutting down trees. In addition, it is possible to confiscate the machinery and equipment used to commit this violation.

Illegal acquisition, extraction, storage or sale of wood are also administrative violations and are subject to monetary penalties, the amount of which is determined by the responsible official.

Amounts of fines

For violators who have committed criminal offense, a significant fine is provided. For cutting down trees on a large scale (an amount of up to 50 thousand rubles of damage) monetary recovery, which can reach 500 thousand rubles. Persons who committed crimes using official position, or caused major damage by their act, are obliged to pay from five hundred thousand to a million rubles. Violations assessed as particularly large entail a fine of one to three million rubles.

In case of an administrative offense, the following monetary penalties are provided:

• individuals – up to 4 thousand rubles;
• authorized persons – up to 40 thousand rubles;
• organizations – up to 300 thousand rubles.

For the use of machinery and special equipment resulting in damage to forest plantations, a fine will also be charged:

• For individuals– up to 5 thousand rubles;
• For authorized persons– 20-40 thousand rubles;
• For legal organizations– from 200 to 300 thousand rubles.

Other types of punishment

For committing a criminal offense, not only monetary sanctions are provided. Depending on the damage caused, the court may impose other types of punishment.

Significant size (from 5 thousand rubles):

• collection sum of money, equal to the amount of salary or any other income (for a period of up to 3 years);
• compulsory work - no more than four hundred eighty hours;
• work correctional order- no more than 2 years;
• work coercive nature- no longer than 2 years with or without a fine;
• imprisonment for up to 2 years with or without a fine.

Large size (from 50 thousand damage):

• recovery of a sum of money equal to the amount wages or other income (for a period of up to 4 years);
• forced labor for up to 4 years with or without a fine;
• imprisonment for up to 4 years with or without a fine;

Especially large size(from 150 thousand rubles):

• collection of a fine, equal to the amount any material income(for a period of up to 5 years);
• forced labor - up to 5 years with or without a fine;
• imprisonment for up to 7 years with or without a fine;
• deprivation of the right to receive certain positions and occupation specific types activity - up to 3 years.

Sanctions for a group of attackers

A fine for cutting down trees in a forest by a group of people is equivalent to punishment for the most big size damage. In cases where the destruction of trees was carried out organized group or as a result of a preliminary agreement, the most stringent preventive measures are imposed - a fine of up to three million rubles or imprisonment for a term of up to seven years.

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Article update from 04/01/2018

The State Duma adopted on Thursday in the second, main reading a bill that proposes to allow citizens to collect dead wood in the forests - dry trees or parts thereof lying on the ground, without issuing a permit for this.

Currently collecting fallen trees considered illegal timber harvesting. To legally collect dead wood, you must obtain a permit. local authorities, which may take up to 120 days.

The bill proposes to supplement the Forest Code of the Russian Federation with the concept of “deadwood”, which, as the authors note in explanatory note, “makes it possible for citizens to harvest and collect it as a non-timber forest resource for own needs

A considerable waste of money for residents of private houses with stove heating and solid fuel boilers - purchase of firewood. Against this background, the idea of ​​self-harvesting looks so tempting. But it’s worth remembering that a fine for firewood that you cut without a felling certificate will cost more than buying fuel. That is why think three times before making a rash decision to cut down your favorite plot without permission from the forestry department.

What are the dangers of collecting firewood in the forest?

The average person may think that independently collecting firewood will be invisible to the authorities, and in general, if you cut dead wood, no punishment will follow, because no one needs it. But that's not true. The status of wood is subject to a complex classification, and you can only collect garbage with impunity. Cutting down any tree, even a dead one, is considered damage to the relevant department and is considered theft.

What can you take in the forest without permission from the authorities:

• loose branches;
• rotten wood of fallen trunks;
• pieces of bark, fragments of branches and trunks lying on the ground.

The above “riches” can hardly be called firewood. But everything else requires special permission. To obtain the right to cut down a plot, you will need to contact the local forestry department and report required quantity wood You will be issued a felling coupon, taking the appropriate fee, and only after that you can start collecting firewood.

The penalty for unauthorized fuel procurement is a fine. And it can reach very significant sizes.

Fine for collecting firewood

Need logs for the winter? Think twice before going into the forest and cutting down trees yourself, without permission from the relevant services.

Despite controversial claims in legislative documents, by letter dated February 25, 2016 No. EK-07-54/1985, Rosleskhoz notified all local representatives of the regions that the collection and removal, as well as cutting and harvesting of windfall wood and dead wood, would be considered theft. As administrative punishment for the act a fine of 1-5 thousand rubles is provided and/or administrative arrest for up to 15 days.

Imagine for yourself - you felled a tree or even simply sawed a windfall lying on the ground into logs and then you were caught doing an illegal act. The result is no firewood, no money in your wallet. What if they also arrest you?

In general, the verdict is this: If you want to stock up on fuel for the winter, do it only legally. There are two options:

Write out a felling coupon and start harvesting already at legal rights or buy ready-made firewood. The first option may be cheaper, especially if you are ready to swing a chainsaw and an ax yourself, the second is a little more expensive, but without the expense of time and effort.

We cut down trees on our property - do we need to pay a fine?

Most often, land owners decide to get rid of trees that are located near the boundaries of the site or buildings, shade plantings, or reach power lines with branches. The trees that grow on the site of the planned construction also interfere. The first thing that comes to mind for the owner of a plot of land who wonders whether it is possible to cut down a tree on his plot is: “Since the plot of land is owned, then you can cut it down.”

This is not always the case, it is important to consider some individual legislative nuances. The site should not be located on the territory of a protected ecological zone, where logging is strictly prohibited. IN in some cases Upon receipt of permission and in a protected ecological zone, you can cut down a tree on your site. Also, look cadastral plan– are there any trees on it that you intend to cut down? If there is, cutting down will require permission.

If the property belongs to the owner and the trees are not included in the plan, then you can cut down a tree on your property. It is worth clarifying whether this point is spelled out in the charter and rules garden society. You also need to be guided local legislation regulating the cutting down of trees.

How much will I have to pay for cutting down a tree?
Illegal logging is considered administrative offense, while applied forest fund the damage did not exceed 5,000 rubles. It's about about trees in the forest fund.

On private plots, on the one hand, civil Code allows you to perform absolutely all actions with your property, which are trees. But if the trees are classified as green spaces and are included on the cadastral plan, then the fine can be up to 3,500 rubles. for one such tree for a private person. Enterprises and officials will be forced to pay tens of times more.

The plot can be leased with subsequent transfer of ownership subject to the construction of a house. In this case, study the lease agreement. It should be written there how the tenant should deal with green spaces, and whether he should obtain permission from the administration to cut down.

Thus, in order not to pay a fine for a cut tree, before cutting down, clarify the legal points:

cadastral plan;
land lease agreement, if any;
documents of a garden society or cooperative;
local legislation;
You also need to consider what category of land your site belongs to.
If you take into account all these nuances and documents, then there will be no fine for destroying trees.