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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of December 29, 2018 No. 1730

About approval of features of the indemnification caused to the woods and natural objects which are in them owing to violation of the forest legislation

According to part 4 of Article 100 of the Forest code of the Russian Federation and articles 260 and 261 of the Criminal Code of the Russian Federation the Government of the Russian Federation decides:

1. Approve the enclosed features of the indemnification caused to the woods and natural objects which are in them owing to violation of the forest legislation.

2. Determine that the damage caused to forest plantings or the trees which are not carried to forest plantings, bushes and lianas as a result of the crimes provided by articles 260 and 261 of the Criminal Code of the Russian Federation is estimated according to the dachshunds and technique provided by the features of the indemnification caused to the woods and natural objects which are in them owing to violation of the forest legislation, approved by this resolution.

3. Recognize invalid:

the order of the Government of the Russian Federation of May 8, 2007 No. 273 "About calculation of the extent of the harm done to the woods owing to violation of the forest legislation" (The Russian Federation Code, 2007, No. 20, the Art. 2437);

the order of the Government of the Russian Federation of November 26, 2007 No. 806 "About modification of the order of the Government of the Russian Federation of May 8, 2007 No. 273" (The Russian Federation Code, 2007, No. 49, the Art. 6167);

the order of the Government of the Russian Federation of October 11, 2014 No. 1038 "About modification of the order of the Government of the Russian Federation of May 8, 2007 No. 273" (The Russian Federation Code, 2014, No. 42, the Art. 5747).

Russian Prime Minister

D. Medvedev

Approved by the Order of the Government of the Russian Federation of December 29, 2018 No. 1730

Features of the indemnification caused to the woods and natural objects which are in them owing to violation of the forest legislation

1. This document establishes procedure for the indemnification caused to the woods and natural objects which are in them owing to violation of the forest legislation (further - harm), including rates and technique of indemnification.

2. Person which did harm addresses to the public authority exercising federal state forest supervision (forest protection), or the local government body exercising municipal forest control operating within the powers determined according to Articles 81 - 84 Forests codes of the Russian Federation (further - authorized body), with the written request on provision of information on the extent of the harm which is subject to compensation and also on the payment details necessary for payment of money on account of indemnification (further - request).

3. The request shall contain the following information:

a) the information about person who did harm:

surname, name, middle name (in the presence), and also the residential address - for citizens;

full name, the primary state registration number, the address and the location - for the legal entity;

b) the information about the representative of person which did harm (in the presence);

c) details of the protocol on administrative offense, details of the resolution on attraction as the person accused;

d) the postal address for the direction of information and phone (in the presence).

4. Are applied to request:

a) the copy of the protocol on administrative offense, except for case when the specified protocol is constituted by authorized body, or the copy of the resolution on attraction as the person accused;

b) the document confirming powers on implementation of actions on behalf of person which did harm (in case of signing of request by the representative of person which did harm).

5. The authorized body perfroms calculation of the extent of harm in terms of money proceeding from:

a) dachshunds for calculation of the extent of the harm done owing to violation of the forest legislation to forest plantings which procurement of wood is allowed according to appendix No. 1;

b) dachshunds for calculation of the extent of the harm done to forest plantings which procurement of wood is not allowed according to appendix No. 2;

c) dachshunds for calculation of the extent of the harm done to the woods owing to violation of the forest legislation, except for the harm done to forest plantings according to appendix No. 3;

d) techniques of determination of the amount of the indemnification caused to the woods and natural objects which are in them owing to violation of the forest legislation according to appendix No. 4.

6. The request is sent personally, through the representative or goes by means of the mailing with the assurance of receipt.

7. The authorized body within 7 days from the date of receipt of request and the documents attached to it sends to the address specified in request by means of the mailing with the assurance of receipt:

a) information requested according to Item 2 of this document;

b) if the request or documents attached to it do not conform to the requirements provided by Items 3 and 4 of this document - motivated refusal in provision of information requested according to Item 2 of this document.

8. Voluntary indemnification is made by payment of money based on information provided by authorized body according to the subitem "an" of Item 7 of this document no later than day of decision of the court on civil case about indemnification caused to the woods and natural objects which are in them owing to making of administrative offense, or conviction.

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