On behalf of the Russian Federation
of June 2, 2015 No. 12-P
On the case of check of constitutionality of part 2 Articles 99, parts 2 of Article 100 of the Forest code of the Russian Federation and provisions of the Order of the Government of the Russian Federation "About Calculation of the Extent of the Harm Done to the Woods owing to Violation of the Forest Legislation" in connection with the claim of Zapolyarneft limited liability company
Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, K. V. Aranovsky's judges, A. I. Boytsova, N. S. Bondar, G. A. Gadzhiyev, Yu. M. Danilov, L. M. Zharkova, G. A. Zhilin, S. M. Kazantsev, M. I. Kleandrov, S. D. Knyazev, A. N. Kokotov, L. O. Krasavchikova, S. P. Mavrin, N. V. Melnikov, Yu. D. Rudkin, O. S. Hokhryakova, V. G. Yaroslavtsev,
with participation of representatives of Zapolyarneft LLC - the lawyer S. G. Pepelyaev and Candidate of Law Sciences R. S. Bevzenko, the plenipotentiary of the State Duma in the Constitutional Court of the Russian Federation D.F. Vyatkin, the representative of the Federation Council - the doctor of jurisprudence A. S. Salomatkin, the plenipotentiary of the President of the Russian Federation in the Constitutional Court of the Russian Federation M. V. Krotov,
being guided by Article 125 (part 4) Constitutions of the Russian Federation, Item 3 parts one, parts three and the fourth Article 3, Article part one 21, Articles 36, 74, 86, 96, 97 and 99 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",
considered in open session case on check of constitutionality of part 2 Articles 99, of part 2 of Article 100 of the Forest code of the Russian Federation and provisions of the order of the Government of the Russian Federation "About Calculation of the Extent of the Harm Done to the Woods owing to Violation of the Forest Legislation".
Reason for consideration of the case was the claim of Zapolyarneft LLC. The basis to consideration of the case was the found uncertainty in question of whether there correspond Constitutions of the Russian Federation the normative provisions challenged by the applicant.
Having heard the message of the judge-speaker G. A. Gadzhiyev, explanation of agents of the parties, speeches of the representatives invited in meeting: from the Supreme Court of the Russian Federation - the judge of the Supreme Court of the Russian Federation E. E. Borisova, from the Prosecutor General of the Russian Federation - T. A. Vasilyeva, from the Ministry of Justice of the Russian Federation - M. A. Melnikova, from the Ministry of Natural Resources and Environmental Protection of the Russian Federation - V. V. Rashchevskoy, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation
1. According to part 2 of Article 99 of the Forest code of the Russian Federation accountability for violation of the forest legislation does not exempt perpetrators from obligation to eliminate the revealed violation and to compensate the harm done by these persons. Calculation of the extent of such harm is performed, as appears from part 2 of article 100 of the same Code, according to dachshunds and techniques which approval is assigned to the Government of the Russian Federation. According to Item 5 of appendix No. 4 to the order of the Government of the Russian Federation accepted in pursuance of this order 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" for spoil of soils is established responsibility in the form of compensation of damage in the amount of quadruple greatest rate of payment for unit of volume of wood of the prevailing main forest forming breed in the subject of the Russian Federation (for each square meter of the removed, destroyed or spoiled soil).
1.1. In use of Zapolyarneft LLC based on the lease agreement there is wood lot across which there passes the oil-gathering pipeline. In case of the examination of this wood lot conducted in 2012 upon the demand of the Khanty-Mansi nature protection prosecutor's office its pollution by oil, and on certain squares - considerable exceeding of background indicators on oil products was revealed. To Zapolyarneft LLC brought to the administrative responsibility for making of the specified administrative offense the claim with the offer to pay the indemnification sums of money estimated by results of assessment of the caused damage to the woods was directed. As it was not performed, the Service on control and supervision in the field of environmental protection, objects of fauna and the forest relations of Khanty-Mansi Autonomous Okrug appealed to Arbitration Court of the Yamalo-Nenets Autonomous Area with the recovery suit with Zapolyarneft LLC of the corresponding sums of money according to the procedure of the indemnification caused to the woods owing to violation of the forest legislation.
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