Legal liability for actions caused by forest fires

According to the Decree of the Government of the Chelyabinsk Region of March 15, 2022 No. 141-p, from 1 April 2022, set the start of the fire risk period in all municipalities in the territory of the Chelyabinsk Region, with the exception of some mining areas.



Author: Assistant City Prosecutor Diar Uspanov
Photo: pixabay.com

According to the Decree of the Government of the Chelyabinsk Region of March 15, 2022 No. 141-p, from 1 April 2022, set the start of the fire risk period in all municipalities in the territory of the Chelyabinsk Region, with the exception of some mining areas.

In this regard, the city prosecutor’s office reminds citizens and legal entities that the current legislation of the Russian Federation provides for various types of liability for actions involving the occurrence of forest fires.

Violation of forest fire safety rules, which did not cause harmful consequences, entails administrative liability in accordance with Article 8.32 of the Code of Administrative Offenses of the Russian Federation.

The Forest Fire Safety Rules, approved by Decree of the Government of the Russian Federation, of June 30, 2007, no. 417, contain many restrictions and prohibitions aimed at preventing forest fires. In particular, the Regulations establish a special procedure for smoking and fire in forests, prohibit the throwing of glass (glass bottles, cans, etc.) in the forest, etc. Forest fire safety rules for each forest area are also established by the Ministry of Natural Resources and Ecology of the Russian Federation.

Violation of these rules entails warning or imposing an administrative fine on citizens from 1,500 to 3,000 rubles, on employees – from 10,000 to 20,000 rubles and on legal entities – from 50,000 to 200,000 rubles.

Burning of shrubbery, forest waste, dry grass and other forest flammable materials in violation of the requirements of fire safety rules fine for citizens from 3,000 to 4,000 rubles, for employees – from 15,000 to 25,000 rubles, for legal entities – from 150,000 to 250,000 rubles.

The article provides for higher fines for violating fire safety rules in forests under a special fire regime and in the event of a forest fire without causing serious harm to human health.

The actions of the offenders who caused damage to the forest fund as a result of fire involve criminal liability in accordance with Article 261 of the Penal Code of the Russian Federation.

According to this article, the destruction or damage of forest plantations and other plantations as a result of careless handling of fire or other sources of increased danger is punishable by a fine of 200 thousand to 400 thousand rubles or the amount of salary or other income of the convicted for a period of 1 up to 2 years or compulsory labor for up to 480 hours or imprisonment for up to 2 years or forced labor for up to 3 years or imprisonment for the same period.

The infliction of great damage by these actions implies the application of stricter criminal liability measures, among which the heaviest punishment is imprisonment for up to 4 years.

Deliberate destruction or damage to forest plantations and other plantations by arson, in any other generally dangerous way, or as a result of pollution or other adverse effects, is punishable by a fine of 500 thousand to 1 million rubles or the amount of salary or other income of the convict. for a period of 3 to 4 years or imprisonment for a period of up to 8 years with or without a fine of 200,000 to 500,000 rubles or in the amount of salary or other income of the convicted person for a period of 18 months to 3 years.

These acts entail the application of even harsher penalties in the event of major damage.

The damage is recognized as large damage if the cost of damaged or damaged forest plantations and other plantations, calculated according to the percentages approved by the Government of the Russian Federation, exceeds 50 thousand rubles.

It should be noted that the culprit for causing a forest fire is obliged to compensate the state for the material damage caused by the fire. In case of refusal of voluntary compensation, this money can be recovered in court.

Leave a Comment