Organs state power, organs local government within the limits of their powers, determined in accordance with Articles 81 - 84 of this Code, limit the stay of citizens in forests and the entry of vehicles into them, conduct in forests certain types work to ensure fire safety or sanitary safety in forests in the manner established by the authorized federal body executive power.

Legal advice under Art. 53.5 LC RF

Yana Anisimova

Good afternoon. please tell me what is the responsibility for failure to comply with restrictions on the stay of citizens in forests

• Question answered over the phone

Stanislav Temnyaev

Where do these rules come from?..is this nonsense??++++

• Actually, this article looks like this: Article 70. Unauthorized haymaking and grazing of livestock, unauthorized collection of wild fruits, nuts, mushrooms, and berries. Unauthorized haymaking and grazing of livestock in forests and on state lands forest fund, Not...

Konstantin Ovseev

If vacationers in the forest did not comply fire regulations, and burned 3 hectares of forest. What punishment should they suffer? On the territory of Ukraine.

• Lawyer's answer:

  Forest Code of the Russian Federation dated December 4, 2006 N 200-FZ Art. 53.5. Restrictions on the stay of citizens in forests in order to ensure fire safety or sanitary safety in forests State authorities, local governments, within the limits of their powers determined in accordance with Articles 81 - 84 of this Code, limit the stay of citizens in forests and the entry of vehicles into them, carrying out certain types of work in forests in order to ensure fire safety or sanitary safety in forests in the manner established by the authorized federal executive body. Article 99. Administrative and criminal liability for violation of forest legislation 1. Persons guilty of violating forest legislation bear administrative, criminal liability in order, established by law Russian Federation. 2. Prosecution for violation of forestry legislation does not relieve the perpetrators of the obligation to eliminate the identified violation and compensate for the harm caused by these persons. Article 100. Compensation for damage caused to forests as a result of violation of forest legislation 1. Persons who caused damage to forests shall compensate for it voluntarily or in judicial procedure. 2. Rates and methods for calculating the amount of damage caused to forests as a result of violation of forest legislation are approved by the Government of the Russian Federation.

Antonina Sergeeva

Head of Administration rural settlement for entry into the territory of the forest area he established a fee of 50 rubles, where and. The head of the administration of a rural settlement set a fee of 50 rubles for entering the territory of a forest plot. Where and how were the rights of citizens violated? motivated answer if possible))) Environmental law)

• Denationalization has occurred in the country, which means that the forest area is already someone’s private property, and no one may be allowed there at all.

Klavdiya Zaitseva

IN Samara region They introduced a ban on entry and entry into all forests in the region, to what extent is such a ban legal? In the Samara region, a ban on entry and entry into all forests in the region was introduced, to what extent is such a ban legal? Are constitutional rights citizens? Supposedly the fire hazard class is very high, but there is Civil responsibility, I am responsible for my actions, why am I forbidden to visit the forest and have my own vacation?

• Still, they explained that there was a high fire hazard. It is you who consider yourself a responsible person, and it is not a fact that you are right. And you can’t vouch for the rest. The government made a decision, you elected these deputies, and they decide such issues for you.

Georgy Glushko

Is it possible to fish with a spinning rod in the reserve?

Egor Poplavsky

Rules for working with radioactive drugs

• It's better not to touch them. Sanitary rules work with radioactive substances are set out in the “Basic sanitary rules working with radioactive substances and other sources ionizing radiation"(OSP 72/87), which regulate the main...

Marina Belova

help me answer questions starting from 3 please)))

Fedor Sitchikhin

Is there a law prohibiting being in the forest? I want to go into the forest to take pictures of nature, I don’t smoke, I don’t plan to make a fire, I won’t have any flammable substances with me....can I be attracted to administrative responsibility?

• Lawyer's answer:

  Article 11. Stay of citizens in forests Stay of citizens in forests Stay of citizens in forests for hunting purposes is regulated by forest legislation and legislation in the field of hunting and conservation hunting resources. 8. Persons who are provided with forest plots do not have the right to prevent citizens from accessing these forest plots, as well as the procurement and collection of food and non-timber forest resources located on them, except for the cases provided for in this article. Forest plots provided to citizens and legal entities may be fenced only in cases provided for by this Code.

Petr Borozdyukhin

Tell. By decision of the head of the Administration municipal district forests on lands forest funds were divided into protective, operational and reserve. In accordance with this Resolution, citizens were prohibited from freely staying in the territory of protective forests. In addition, to use reserve forest areas for timber harvesting, it was required special agreement with the local government body of the given area. Give legal assessment decisions of the local government body. If possible, please also indicate what sources you used to answer and in what source you can find

• Lawyer's answer:

  Forest Code of the Russian Federation. Article 11. Stay of citizens in forests 1. Citizens have the right to freely and freely stay in forests and for own needs carry out procurement and collection of wild fruits, berries, nuts, mushrooms, other forest resources suitable for consumption (edible forest resources), as well as non-timber forest resources. 2. Citizens are obliged to comply with fire safety rules in forests, sanitary safety rules in forests, reforestation rules and forest care rules. 3. Citizens are prohibited from harvesting and collecting mushrooms and wild plants, the species of which are listed in the Red Book of the Russian Federation, the red books of the constituent entities of the Russian Federation, as well as mushrooms and wild plants that are recognized as narcotic drugs in accordance with Federal Law of January 8, 1998 N 3-FZ "On drugs And psychotropic substances". 4. The stay of citizens may be prohibited or limited in forests that are located on lands of defense and security, lands of specially protected natural areas, other lands, the access of citizens to which is prohibited or limited in accordance with federal laws. 5. Stay of citizens in forests may be limited in order to ensure: 1) fire safety and sanitary safety in forests; 2) the safety of citizens when performing work 6. Prohibition or restriction of the presence of citizens in forests on grounds not provided for in this article is not permitted. forests for hunting purposes is regulated by forest legislation and legislation in the field of hunting and conservation of hunting resources 8. Persons who are provided with forest plots do not have the right to prevent citizens from accessing these forest plots, as well as the procurement and collection of food and non-timber forest resources located on them. , except for the cases provided for by this article, forest plots provided to citizens and legal entities may be fenced only in cases provided for by this Code. Article 109. Reserve forests 1. Reserve forests include forests in which there are no plans to harvest timber for twenty years. 2. In reserve forests, aviation work for the protection and protection of forests. 3. Allowed to use reserve forests without felling forest plantations. Felling of forest plantations in reserve forests is permitted after they are classified as operational forests or protective forests, with the exception of cases of felling of forest plantations in reserve forests when performing work on geological study subsoil and timber harvesting by citizens for their own needs. 4. Classification of forests as reserve forests, establishment and change of their boundaries are carried out by state authorities, local government bodies within the limits of their powers, determined in accordance with Articles 81 - 84 of this Code.

• And that in Russia there are already forests private property? Holy shit!!!

And before, the most innocent barbecue in nature could very well turn out to be the beginning of an “exciting” conversation with an unfriendly state inspector of “whatever” and end with an impressive fine. And for some time now - also a criminal case! And all thanks to a wonderful document recently released by Rosleskhoz. Few normal people have heard of it, and therefore this year the department’s local employees will thoroughly “tread on” motorized lovers of barbecue in nature. The point here is this. The letter of Rosleskhoz No. EK-07-54/1985 explains to its regional divisions that cutting down dead trees, blown down by the wind and the like should be considered... theft.

A citizen caught in this terrible activity must be brought to justice (!). Article 158 of the Criminal Code of the Russian Federation is responsible for theft. It turns out that if you break branches for a fire in the forest or a barbecue, you can be imprisoned for up to 2 years! Imagine with what zeal this spring inspectors and foresters will scour the most “picnic” places in the vicinity of cities! Few people want to end up on a bunk because of a barbecue. Therefore, bribes will be very fruitful here. And this innovation is just an additional misfortune in the list of legal traps awaiting the lover of outdoor recreation!

God forbid, he brings him with a barbecue into the territory of a “state nature reserve, national, natural park, wildlife sanctuary, natural monument, other specially protected natural area or their protected zone”!

Driving here by car means liability under Article 8.39 of the Code of Administrative Offenses of the Russian Federation - a fine of 3,000 to 4,000 rubles.

But even without visiting such a “zone” you can get into trouble. Firstly, under Article 8.28 of the Code of Administrative Offenses for “ illegal logging, damage to plantings" - 3000-3500 rubles. A couple of coals will inevitably fall out from your barbecue onto the “forest floor and dry grass,” and you “did not separate them with a fire-resistant mineralized strip at least 0.5 meters wide” from the forest! Get a fine of 2000-3000 rubles for “burning brushwood, forest litter, dry grass and other forest combustible materials in violation of fire safety rules!”

Do you decide to take a break from the bustle of the city on the banks of the river? Great - now you have cynically violated the covenants of the Water Code of the Russian Federation! It prohibits the “movement and parking of vehicles” outside paved roads (field primers do not apply to those!) and specially equipped places with a hard surface within the water protection zone of the reservoir. For reference, let's say that even a spitting stream or a small pond has water protection zone 50 meters wide from the water's edge! A large reservoir or reservoir is entitled to a water protection zone 200 meters wide. And any car owner who dares to trample these boundaries with a wheel will fall under Article 8.42 of the Code of Administrative Offenses with its fine of 3,000-4,500 rubles.

Olga Pavlova

Dangerous eight. A ban on visiting forests was introduced in the Leningrad region

In eight districts of the 47th region, a ban on visiting forests was introduced due to the fire danger situation.

Hot and dry weather has created dangerous fire situation in the forests of the region. According to the press service of the regional government, as of June 1, 4th grade fire danger introduced in Priozersky, Volosovsky, Kingiseppsky, Boksitogorsk, Tosnensky, Vsevolozhsky and in some places in Podporozhsky district. And in the Vyborg region - even the 5th, highest, danger class. “In the rest of the region, visiting forests is allowed,” the press service clarified.

For now the situation remains under control. At first fire season and before the first days of the calendar summer, 117 forest fires were recorded. Materials on 49 cases were transferred to the regional headquarters of the Ministry of Emergency Situations to bring the perpetrators to justice. The numbers are unpleasant, but there were years when only May holidays, “driving” townspeople out into nature, 220–250 fires had to be extinguished.

The total area covered by the fire was 56.4 hectares, that is, the average area of ​​a forest fire did not exceed half a hectare. This indicates early detection and prompt elimination of fires. The average extinguishing time was 3.5 hours.

The main part of the forest lands of the Leningrad region is under 24-hour control. 40 wired and 114 wireless video surveillance cameras are involved in monitoring fire danger, ground patrols are carried out, and aerial forest protection operates. In mode high alert specialists are on duty 93 fire chemical stations, forestries, tenants of forest plots, State Administration of the Ministry of Emergency Situations, volunteer fire brigades. Total number The combined detachment consists of more than 1.6 thousand people, they have about 900 pieces of equipment and fire extinguishing equipment at their disposal.

In case of emergency situations More than 3 thousand people are ready to take action to eliminate them personnel and over 13 thousand units of equipment.

Almost 100% natural fires in the region - on the conscience of the person: their causes include burning grass, poorly extinguished fires and barbecues, a cigarette thrown on the side of the road, and even a beer bottle left in the forest, which Sun rays turned into a lens.

Foresters are the first to fight the fire. It is all the more surprising that it is they, that is, the Lenoblleskhoz enterprise, who were attracted by the regional committee environmental supervision to responsibility for creating... a fire hazardous situation.

As the department explained, after clearing the protective zones of the power line in the Roshchinsky forestry (Vyborg district) from trees and shrubs, the enterprise left logging residues in the clearing. As a result, 14.5 hectares of territory were littered with highly flammable materials. wood materials. For this you will have to pay a fine of 125 thousand rubles.

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So, the season of barbecue, relaxation by the water and mushroom hunting is in full swing. Naturally, in our age of universal motorization, many people go into the forest on their own two feet. We have become so accustomed to our iron four-wheeled horses that we cannot part with them even when going to a store located not far from home. What can we say about spending time in the countryside?

So, with the beginning of summer, many motorists go into nature in their cars, but they forget that it is often strictly prohibited to enter the forest by car, motorcycle, or even ATV. Unfortunately, they will only find out about this after receiving a large fine. But don’t worry, the ban on visiting the forest while driving a car does not always apply. We'll explain when you can legally enter the forest.

So is it possible to drive into the forest by car or not? Unfortunately, there is no clear answer to this question. Don’t forget, we are not in Europe or the USA, where there are much fewer contradictions in the current legislation. Everything with us, as always, is confusing and foggy. As they say, you can’t figure it out without a bottle.

The thing is that the movement of vehicles in forests is regulated by more than one federal law. In the end, it all depends on what forest you want to go to, in what region, and also on whether there are law enforcement agencies in the area where the forest is located. restrictions on citizens visiting forests and a complete ban on the entry of any transport into the forest territory due to unfavorable fire situation.

The worst thing is that, according to current legislation, in our country, ignorance of the law does not excuse one from responsibility. So if you break the law out of ignorance and enter the forest when it is prohibited, you risk running into a large fine.

So, in what cases does the law directly prohibit the movement of vehicles in the forest? Let's go in order.

According to Article 53.5 of the Forest Code of the Russian Federation, State authorities and local self-government bodies, within the limits of their powers, have the right to introduce restrictions on the stay of citizens in forests and entry into them vehicles to ensure fire safety in forests.

That is, local authorities can at any time, due to unfavorable fire conditions, impose a ban on the entry of cars into the forest area (into the forest).

For example, each district or region of the Russian Federation may, at its discretion, introduce temporary ban for vehicles to enter the forest. If you drive your car into a forest in an area where there is a ban, you will violate the law and may be brought to administrative liability under Article 8.32 of the Code of Administrative Offenses of the Russian Federation (Violation of fire safety rules in forests). Depending on the type of violation.

According to part 3 of the same article 8.32 Code of Administrative Offenses violation fire safety rules in forests in conditions special regime fire safety entails a fine in the amount of 4,000 to 5,000 rubles (fine for citizens - individuals).

If the violator is an official, the fine will be from

20,000 to 40,000 rubles. A legal entity will have to pay from 300,000 to 500,000 rubles for non-compliance with the rules.

So, before going into the forest, check in advance whether the area where the forest is located has a special fire safety regime, under which the regional/district authorities temporarily restrict the movement of any vehicles in the forest.

Unfortunately, many municipalities, in order to be on the safe side, usually, without thinking twice, introduce similar bans on the entry of vehicles into the forest with the onset of spring and until the onset of autumn. As a result, there is a ban on car traffic in many Russian forests throughout the summer. And, as you can see, the fact that you don’t know about it will not exempt you from a large fine.

Although it is worth noting that according to the order of the Russian Ministry of Natural Resources dated 09/06/2016 No. 457"On approval of the Procedure for restricting the stay of citizens in forests and the entry of vehicles into them, carrying out certain types of work in forests in order to ensure fire safety in forests and the Procedure for limiting the stay of citizens in forests and the entry of vehicles into them, carrying out certain types of work in forests in in order to ensure sanitary safety in forests,” the restriction on the stay of citizens and vehicles in the forest for fire safety purposes cannot exceed 21 days. But this order does not stop local authorities, who, together with local service The Ministry of Emergency Situations simply imposes restrictions on the movement of vehicles in the forest for a new period.

What is a special fire regime?

According to Article 30 of the Federal Law of December 21, 1994 No. 69-FZ “On Fire Safety”, in the event of an increase in the risk of fires, authorities, including local governments, can establish a special fire regime.

Should the authorities warn citizens about the ban on vehicles entering the forest?

Yes, according to the same order Ministry of Natural Resources of Russia dated 09/06/2016 No. 457, When introducing restrictions on the stay of citizens in forests and the entry of cars into them, the following measures must be taken:

• - Installation of warning signs measuring at least 1 x 1.5 meters along the boundaries of the territory where such a restriction has been introduced, indicating information about the introduction of the corresponding restriction and the period of its validity
• - Blocking forest roads with barriers
• - Creation of a checkpoint system
• - Other measures aimed at ensuring restrictions on the stay of citizens in forests and the entry of vehicles into them, as well as carrying out certain types of work in forests in order to ensure fire safety in forests.

That is, when we enter the forest, we, in principle, should be warned by signs prohibiting the movement of vehicles, which local authorities should install in the event of the introduction of special restrictions in the forest. fire protection regime? Yes, of course they should. But don’t forget, you and I live in Russia, where the words “obligated” and “must” are interpreted by local authorities in their own way.

As a result, in many forests you simply will not find a single warning about the ban on vehicle traffic. So, this means that it will be possible to challenge a fine issued for driving a car into a forest during a special fire regime? Not really. Let us repeat once again: ignorance of the law does not exempt you from responsibility. Moreover, even if local authorities accidentally (or deliberately) forgot to warn those who enter the forest by car about the ban on vehicle traffic.

So, before you go into the forest for barbecue, mushrooms and berries, if you plan to travel through it by car, we advise you to study the official websites of the local municipality or the website of the district (region), not forgetting to check the local website of the Ministry of Emergency Situations in order to find out , whether there is a special fire safety regime in the area, within the framework of which the authorities have imposed a ban on the movement of vehicles in the forest.

What responsibility is provided for driving a car into forests that are included in the category of specially protected areas?

Also don't forget that in Administrative Code The Russian Federation has another article under which you can be held accountable for driving a car in a forest while operating in an area with a special fire safety regime. It's about about Article 8.39 of the Code of Administrative Offenses of the Russian Federation (Violation of the rules for the protection and use natural resources on specially protected natural areas).

Did you know that forests are different from forests? All forests in our country are divided into different categories. But special rules Legislation regulates forests located in specially protected areas. For example, these include the following territories:

State nature reserves

National parks

Natural parks

State parks

Natural monuments

Dendrological parks and botanical gardens

According to Federal Law No. 33 “On Specially Protected Natural Areas” of March 14, 1995, for all of the above territories in Russia there is a regime special protection. For example, according to current legislation, entry into this territory by car is possible only by special permission local authorities. IN otherwise Entry of a vehicle into territories where a special protection regime is in effect falls under Article 8.39 of the Code of Administrative Offenses of the Russian Federation (Violation of the rules for the protection and use of natural resources in specially protected natural areas).

Here's what this article says:

Article 8.39. Violation of rules for the protection and use of natural resources in specially protected natural areas

Violation of the established regime or other rules of protection and use environment and natural resources in the territories of state natural reserves, national parks, natural parks, state natural reserves, as well as in territories where natural monuments are located, in other specially protected natural areas or in their security zones entails imposition administrative fine for citizens in the amount of 3,000 to 4,000 rubles with or without confiscation of instruments for committing an administrative offense and products of illegal use of natural resources; on officials- from 15,000 to 20,000 rubles with or without confiscation of instruments for committing an administrative offense and products of illegal use of natural resources; on legal entities- from 300,000 to 500,000 rubles with or without confiscation of instruments for committing an administrative offense and products of illegal use of natural resources.

But that's not all. Pay attention to the lines in Article 8.39 of the Code of Administrative Offenses of the Russian Federation, which we have highlighted in red. As you can see, you won’t get away with one fine for driving a car into a forest that belongs to a specially protected area. According to current legislation, your car may be confiscated, since it is an instrument of committing an administrative offense. How do you like this turn?

So, before you go to the forest, make sure that it is not included in the category of specially protected areas according to Federal Law-33 of March 14, 1995.

15. Within the boundaries of water protection zones it is prohibited:

4) movement and parking of vehicles (except for special vehicles), with the exception of their movement on roads and parking on roads and in specially equipped places with hard surfaces.

A water protection zone is an area adjacent to the coastline of seas, rivers, streams, canals, lakes, and reservoirs. In the water protection zone (abbreviated as VZ) in accordance with Water Code RF (Federal Law No. 73 dated July 1, 2007) established special mode(restriction) of economic and other activities. The purpose of introducing restrictions is to preserve the habitat of aquatic biological resources and animal objects and flora, prevention of pollution and clogging, siltation and depletion of water bodies.

The width of the water protection zone outside settlements is established from the corresponding coastline (in particular, if there is storm sewer and embankments in cities, the width of the water protection zone is set from the embankment parapet).

The width of the water protection zone of rivers and streams is established from their source and depends on their length.

The radius of the water protection zone of the sources of rivers and streams is 50 meters.

Here are some examples:

The width of the air intake is 50 meters – for rivers and streams up to 10 km long;

The width of the air intake is 100 meters - for rivers and streams with a length of 10 to 50 km;

The width of the waterway is 200 meters - for rivers and streams with a length of 50 km or more;

The width of the waterway is 300 meters - for rivers and streams with a length of 100 to 200 km;

The width of the waterway is 400 meters - for rivers and streams with a length of 200 to 500 km;

The width of the air intake is 500 meters - for rivers and streams with a length of 500 km and above

The width of the WP coincides with the width of the coastal protective strip (RPB) (an explanation of the concept will be given below) - for rivers and streams less than 10 km long.

A protocol is drawn up on administrative offense Art. 15 part 4 - Parking vehicle in the water protection zone.

It's not a very happy picture

1. Introduce restrictions on access of people and vehicles to the most fire-hazardous forest and peatland zones from May 1, 2011.

True, both of these documents cannot in any way restrict parking near sand quarry... it does not fall under the “forest and peat bog” and under the “water protection zone”. Apparently, there is some other document from our legislators

P.S. By the way, I would like to thank them again for their constant concern for the people... I really like their approach to solving problems - if current law doesn't work (that's what I mean Forest fires and pollution of water bodies), then instead of punishing those who let go of the old one, they introduce a new one...