The legislation of the Russian Federation, with rare exceptions, prohibits unauthorized cutting down of trees and provides for serious fines for this.
This practice exists not only in Russia, but also in all developed countries, and the penalties there are much higher than ours.
And the stricter the environmental legislation, the larger the fines for illegal tree cutting.
Here we talked about the procedure for obtaining a permit and a felling ticket, as well as about those trees that are not subject to the law, so no fine will be imposed for cutting them down.
Regulatory documents
Despite the fact that most issues related to cutting down or cutting down trees are regulated at the local level, liability for violations is stated in :
- Articles 260 of the Criminal Code (Criminal Code) of the Russian Federation.
- Article 8.28 of the Code of Administrative Offenses (CAO) of the Russian Federation.
These documents apply to any cases of illegal cutting or felling of trees, that is, carried out without obtaining permission from the local administration, that is, they are fined not for cutting down trees, but for lack of permission.
In addition, Article 261 of the Criminal Code of the Russian Federation provides for fines even if the tree was not cut down or cut down, but was damaged in any way, which led to the cessation of its growth. We talked about such methods here.
Professional assistance in Moscow
offers a variety of services for cutting down trees/shrubs in any area in Moscow. We act within the law. We help you obtain permission to cut down green space. Close cooperation with government agencies allows us to complete work in the shortest possible time and with high quality.
For any questions you may have, please contact our consultants. We'll give you answers and help you fill out your application. Excellent work results are guaranteed. Remember that responsibility for illegally cutting down a tree without permission entails a fine!
What determines the severity of the punishment?
Article 8.28 of the Code of Administrative Offenses is valid only when the cost of timber separated from the land does not exceed 5 thousand rubles. In this case, the following plant parameters are taken into account:
- breed;
- age;
- height;
- diameter.
The species affects the unit cost of mature (commercial) wood, and the age determines how much the wood has reached the desired condition, therefore, the younger the plant, the lower the unit price.
The height and diameter of the trunk are used to determine the volume, because the specific cost is calculated in rubles per 1 m3.
The unit cost is set annually , however, in the event of sharp jumps in this parameter on world markets, more frequent recalculation is possible. The same parameters, including unit cost, are also used when calculating payments for obtaining permission to cut down or saw down.
Where to go to cut down trees
Depending on the category of land and who is the owner, obtaining permission and filing fall on the shoulders of the owner, the municipality or the management company. All plants belonging to the green fund of the state require a felling certificate, regardless of who owns the site. The green fund includes birches, oaks, poplars, and maples. For pruning branches or uprooting a plant without permits, the perpetrator faces administrative or criminal penalties for cutting down a tree.
Where to go if you need to cut down a tree growing on a private plot
To obtain a permit, you must contact the environmental protection department or the forestry department. If the site belongs to a small settlement, then the application is submitted to the nearest municipal authorities - city, village administration, village council. The application must indicate the reason for the sawing:
- emergency condition;
- branches touch high-voltage wires;
- strong shading of a living space, garden or vegetable garden;
- planning construction work on the site.
The application is reviewed within one month, during which time an inspector will come to your site to verify the authenticity of the reasons for filing.
Cutting down a tree on municipal territory
In the city, sawdusting of plantings is carried out in extreme cases. It is strictly forbidden to cut down trees for the purpose of logging, collecting firewood for private and urban households, or improving the landscape design of the site. A coupon for sawing can be obtained in 3 cases if:
- the tree is classified as an emergency tree and the fall threatens the integrity of buildings, power lines, communication lines, and human life;
- if a bush or tree has grown greatly and is shading the apartments of a nearby building;
- if it is necessary to lay new communications.
Tree maintenance is determined by landscaping workers based on a number of relevant signs.
In the second case, the evidence base is a certificate from Rospotrebnadzor or the Sanitary and Epidemiological Station; it is issued after inspectors have examined the apartment.
In the third, you need to provide technical documentation for the building to which communications are connected, a conclusion on the degree of wear, a report on the inspection of the area and a project for installing new pipes. Typically, a permit is issued on the condition that after completing the installation of networks, the contractor will improve the territory and plant it with trees.
Where to complain about cutting down trees in the yard if you suspect that the work is being carried out illegally. In such a situation, you can contact the management company, city administration, or inform the local police officer.
Cutting down trees on a rented plot
A person renting a building or land plot has the right to apply to municipal authorities for permission to cut down a tree if it:
- emergency;
- blocks out the light;
- interferes with construction or laying of communications.
If the lease agreement contains a clause giving the right to use the site without any restrictions, then the tenant acts on his own behalf. If there is no such clause in the agreement, then to obtain a felling coupon the following must be submitted:
- application on behalf of the owner;
- a site plan with marked plantings to be cut down, indicating their type, age and trunk diameter;
- Act of inspection of green spaces by a special commission;
- a power of attorney issued by the owner, giving the right to carry out legal activities regarding the cutting of plantings on his behalf.
Also, you need to provide an agreement with the company that will produce filing of plants.
Cutting down a tree on a neighbor's property
It is impossible to obtain permission to uproot a plant on someone else's territory. Therefore, the issue needs to be resolved with the owner. If it was not possible to reach a compromise in a neighborly manner, then act officially.
The rules for planting trees on sites are regulated by SNiP 30-02-97.
If a plant growing on your neighbor’s property is located closer to the fence than established in the Code of Rules, has fallen into disrepair, or severely shades your area, you need to:
- write an official letter asking your neighbor to remove the tree;
- if you receive a refusal, then contact the SNT board with the same requirement and a description of the situation;
- if the plot is not classified as a dacha plot, but has the status of “under individual housing construction,” then you need to send a letter to the landscaping department or forestry department.
In extreme cases, you can write a letter to the prosecutor's office or file a claim in the courts.
How is the amount of damage calculated?
What the fine will be depends on the damage caused to nature.
Article 8.28 of the Code of Administrative Offenses applies to situations with minor damage to nature, that is, if the cost of wood separated from the land does not exceed 5 thousand rubles , that is, it is insignificant.
If the cost of all felled trees is 5–50 thousand rubles , then the damage is considered significant and falls under Part I of Article 260 of the Criminal Code of the Russian Federation.
If the damage is 50 - 150 thousand rubles , then it is considered large, therefore it is subject to Part II of Article 260 of the Criminal Code of the Russian Federation. The same article also applies if significant damage was caused as part of a group or through the use of an official position.
If the amount of damage exceeds 150 thousand rubles , then it is considered especially large, and also when large damage is caused by a group by prior conspiracy, Part III of Article 260 of the Criminal Code of the Russian Federation comes into force. This gradation of the degree of damage is prescribed in Article 260 of the Criminal Code of the Russian Federation.
In what cases can you cut down a tree on your property?
Considering that the strictness of the legislation is more of a reinsurance measure, and in reality no one punishes citizens for each cut trunk to the fullest extent of the law, in some cases there is no need to be afraid of the consequences of unauthorized cutting. These recommendations do not constitute a legal basis for cutting down a tree without a felling license (i.e., these arguments will not be accepted in court), but in practice they almost always help to avoid litigation.
- Don't chop too much. One cut down tree is unlikely to attract attention, but if you devastate an entire area, even if it is yours, questions may arise.
- Cut down those trees that are not valuable or pose a danger. Cutting down a rare or thoroughbred tree is a serious violation of the law, but if you cut down something that grows at every step, it is unlikely to cause outrage in anyone. In addition, dead trees, diseased and emergency trees are already subject to cutting down, but be prepared to prove that the felled trees were emergency, diseased or dry, if necessary.
- Consider the opinions of your neighbors. Most cases of illegal cutting are recorded thanks to citizens' appeals. This means that if your neighbors are unhappy with your actions, they will easily provide you with an inspection and a fine. Try to find out if they have any complaints about the upcoming felling, and settle them in advance if they have any.
Amounts of fines and other types of penalties
We have prepared a table which includes:
- amount of damage;
- the amount of fines without taking into account aggravating circumstances;
- the amount of the fine taking into account aggravating circumstances and their description;
- other types of punishment not related to imprisonment;
- deprivation of liberty.
Amount of damage | Amount of fine in thousands of rubles, excluding aggravating circumstances | The amount of the fine in rubles, taking into account aggravating circumstances and their description | Other types of punishment not related to imprisonment | Deprivation of liberty |
Minor | Citizens 3-4, officials 20-40, legal entities 200-300. | Using mechanisms (but not subject to criminal punishment) Citizens 4-5, officials 40-50, legal entities 300-500, plus confiscation of instruments for committing an offense. | ||
Significant | Up to five hundred or in the amount of salary/income for up to three years. | In a group or using an official position, a fine of 500-1000 thousand rubles or in the amount of salary/income for 18-24 months with a ban on holding certain positions for up to three years. | Up to 480 hours of compulsory labor, up to two years of correctional labor, up to two years of forced labor with a fine of 100-200 thousand rubles or in the amount of salary/income for 12-18 months with a ban on holding certain positions for up to three years.. | Up to two years and a fine of 100-200 thousand rubles or in the amount of salary/income for 12-18 months with a ban on holding certain positions for up to three years. |
Large | 500-1000 thousand rubles or in the amount of salary/income for 18-24 months with a ban on holding certain positions for up to three years. | By an organized group by prior conspiracy a fine of 1-3 million rubles, or in the amount of salary/income for 4-5 years, up to five years of forced labor with a fine of 300-500 thousand rubles or in the amount of salary/income for 2-3 years with a ban hold certain positions for up to three years. | Up to four years and a fine of 150-300 thousand rubles or in the amount of salary/income for 18-24 months with a ban on holding certain positions for up to three years. | |
Extra large | 1000-3000 rubles, or the amount of salary/income for 4-5 years. | Up to five years of forced labor with a fine of 300-500 thousand rubles or in the amount of salary/income for 2-3 years with a ban on holding certain positions for up to three years. | Up to seven years and a fine of 150-300 thousand rubles or in the amount of salary/income for 2-3 years with a ban on holding certain positions for up to three years. |
What to do to avoid getting fined
In order to cut down interfering trees without any problems, you need to obtain permission to do so. This applies to all cases where the destruction of green spaces outside one’s own area is expected. Without acts and a felling ticket, you can only cut down a tree in your yard.
Important! In Moscow and the region, you will have to apply for a felling ticket for permission to remove a tree, even if the tree grows on the site. Especially if we are talking about maple, oak or other rare plants in this latitude
Even if a person personally planted this tree on his plot, it belongs to the city green fund. In Moscow, a logging ticket is issued by the Department of Natural Resources within 30 working days from the date of submission of the application. It is usually issued in the same place where the documents were submitted.
It is not enough to simply write a statement. It is necessary to order and pay for an inspection of the tree, in which experts will write that it is unsafe, dry or rotten. They determine the type of plant, its age, thickness and condition. Based on this examination, a conclusion is made as to whether it needs to be cut. In addition, compensatory measures for landscaping are calculated - instead of one tree cut down, several must be planted. It is also possible for the administration to send a notification of the amount required to be transferred for the destruction of the plant.
Dangerous roll
Based on the act, you can immediately cut down a tree only if it threatens the life and health of people: it threatens to fall or its branches are against a window. In this case, when there is strong wind, the situation becomes emergency and threatening; it is necessary to remove it. If the tree is young and green, but interferes with the installation of a gas pipeline, the construction of light utility rooms, or the expansion of a vegetable garden, then it may not be allowed to be destroyed.
An attempt to cut down without permission may result in administrative punishment in the form of a fine. In addition to the district and gardening institutions, which may be interested in where the maple disappeared from the site, there are many more caring people. Those who will definitely take the statement that a rare tree was destroyed.
If your place of residence is not Moscow, then you should find out from the administration whether permission is needed to remove unnecessary plants from the site. In some regions, homeowners have the right to complete disposal of trees and shrubs. To prevent the authorities from starting to fine you, you must know in advance about the existence of the law and follow it.
*Prices are current as of June 2021.
Punishments provided for sleeping in different territories
Despite the fact that fines and criminal liability, as well as other penalties for cutting down a tree, are prescribed in the Code of Administrative Offenses and the Criminal Code of the Russian Federation, situations often arise when it is necessary to turn to other regulations. This is due both to the location of trees in different territories, and to who owns or subordinates the territories.
In the city
Most city trees are located on municipal land, that is, they are the property of the local administration .
This means that each plant must be trimmed and whitened on time, as well as other actions.
An old or dried plant is cut down to protect other trees from a possible source of diseases and pests, and a seedling is planted in its place.
All this is not done for free, because every work must be paid, so additional sanctions are possible for all participants in the illegal cutting of such trees.
Article 1064 of the Civil Code of the Russian Federation states that damage caused to a legal entity, in this case a municipality, must be compensated in full.
It turns out that in addition to a fine or other sanctions for illegal logging, the municipality will also have to reimburse all the expenses it incurs to compensate for the cut down plant, that is:
- growing a seedling;
- transportation to the landing site;
- disembarkation and care until reaching the required age.
a criminal case may be initiated against someone who cut down a tree on municipal land for any purpose under Article 167 of the Criminal Code of the Russian Federation, that is, damage or destruction of someone else’s property.
Taking into account all the expenses that need to be reimbursed to the municipality, the destruction of even one small tree can cause significant damage to property, so there is a high probability of not only receiving a fine, but also imprisonment.
After all, the sanctions under Article 167 are completely similar to those specified in Article 260, however, the division of degrees of damage :
- minor - up to five thousand rubles;
- significant - up to two hundred and fifty thousand rubles;
- large - up to one million rubles.
In the forest
The situation with the forest is different, because the Federal Law “On Amendments to Article 32 of the Forest Code of the Russian Federation” dated April 18, 2018 N 77-FZ allows citizens to collect dead wood for their own needs .
Therefore, theoretically, you can find and cut down a dry leaning tree and not incur liability for it, especially if you cut it into relatively small pieces before exporting it.
However, even in this case, much is left to the discretion of local authorities, so they can establish various prohibitions and restrictions.
If it was not possible to prove that the cut down/cut down plant is dead wood, then very often liability arises under Articles 260 of the Criminal Code of the Russian Federation and 8.28 of the Code of Administrative Offenses of the Russian Federation . That is, depending on the total volume of wood, this can be either a fine from three thousand to three million rubles, or other sanctions, including forced labor or imprisonment.
On your site
Despite the fact that Article 209 of the Civil Code of the Russian Federation gives the owner the right to independently dispose of his property , cutting down a tree on his property without permission may fall under Article 8.28 of the Code of Administrative Offenses of the Russian Federation and 260 of the Criminal Code of the Russian Federation. This happens in cases where a valuable plant is destroyed.
The problem is that the list of valuable breeds is compiled by the local administration, so even in neighboring villages the same breed may turn out to be either of low value, that is, not subject to these articles, or valuable.
If the tree turns out to be a valuable species and the local administration finds out about its cutting, then there is a high probability that fines will be issued based on these articles. A tree 10–50 years old rarely reaches such a volume that the cost of the wood reaches at least the level of significant damage, which involves fines of 3–4 thousand rubles .
If there are several dozen such trees, then the damage may be significant, which is why the fine can reach 500 thousand rubles , and other sanctions are also possible.
We talked in more detail about whether it is possible to cut down trees on your property here.
On someone else's property
If a plant was cut down on someone else’s property, then it is impossible to clearly state the size of the fine or the severity of any other sanctions.
After all, if the owner of the site allowed illegal felling , then responsibility will be divided between him and the one who cut down the tree.
This responsibility is placed on the owner of the plot by Article 32 of the Land Code of the Russian Federation.
If the owner of the plot gave permission for illegal cutting, then this is already an action in a group, that is, an aggravating circumstance. If the cutting was carried out without his consent, then he will have to prove his innocence in court, and this is quite difficult to do.
If the owner of the site informed the police or local administration that illegal logging or sawing is being carried out on his site, then there is a high probability that he will not be considered an accomplice, especially if those who cut down were detained on the spot. However, much will depend on the qualifications of the lawyer whom the owner of the site will entrust to handle this case in court.
In other places
Regardless of the place where the tree grew, various articles of the Criminal Code of the Russian Federation or the Code of Administrative Offenses of the Russian Federation will be applied to those who illegally cut down or felled it, fines and other penalties for which will not be lower than those that we indicated in the table.
There is always a possibility that various aggravating circumstances , due to which fines and other sanctions may be noticeably heavier.
Indeed, in addition to violating the established procedure for obtaining permission, in such situations the interests of third-party individuals and legal entities are affected, which will only add to the claims from law enforcement agencies.
Penalties
Any unauthorized logging without special permission is a violation of the law and faces penalties . The fine for unauthorized cutting down of trees for individuals and legal entities in 2021 is 3 - 4 rubles for individuals, in the case of a crime committed by organizations - 350,000 rubles.
If equipment was used that damaged the plantings, the amount of the fine increases to 5 thousand rubles, and the equipment and tools are confiscated.
Violator of Art. 260 of the Criminal Code of the Russian Federation expects a fine for a felled tree from 50 to 300 thousand rubles. For cutting down a large area, up to half a million rubles are charged.
If the responsible person committed a crime by taking advantage of his official position, he faces a fine of 1 million rubles . Causing particularly large damage entails payment of a penalty from 1 to 3 million rubles.
Administrative and criminal liability
Illegal digging of forest vegetation and causing damage threatens with an administrative violation, according to paragraph 29 of Art. 8 Code of Administrative Offenses of the Russian Federation. Unauthorized extraction and sale of timber is also considered a criminal activity.
The scale of the offense is classified into: significant, large and especially large. In accordance with each group, its own fine amount and type of punishment are assigned, which are determined by the court.
Demolition of trees without permission is considered an environmental crime . All trees, shrubs and vines without exception are considered objects of protection.
According to Art. No. 260 of the Criminal Code, punishment threatens not only for the destruction of part of the forest, but also for damaging the tree cover without the possibility of its restoration. The punishment will not be mitigated even for cutting down dead wood.
A fine is imposed even for demolishing a tree on your property if it borders a nature reserve or a zoo . Punishment can be imposed in the form of a fine and community service, and even threatens with criminal liability.
Other types of punishment
In addition to financial penalties, other types of sanctions may serve as punishment. The court may impose up to 450 hours of community service and imprisonment for up to 2 years.
If damage was caused on a large scale, then community service for up to 3 years, a fine in the form of earnings for 4 years, or imprisonment for up to 5 years are imposed.
If damage was caused on an especially large scale, then community service for up to 6 years, a fine in the form of earnings for 5 years, or imprisonment for up to 8 years are imposed.
How to cut down a tree legally?
Preparations for legal cutting must begin with a visit to the relevant department of the local administration, where you will need to tell about your desire to cut down a particular plant, as well as provide documents for the site and photographs of the trees and surrounding area.
If a plant species turns out to be of little value, the administration will issue an official document about this, after which exactly those plants that were indicated in the application and response from the administration can be cut down without fear of sanctions.
If the rock turns out to be valuable, it will be necessary to conduct an examination, then pay for permission to cut down and carry out restoration measures.
How and to whom to tell about illegal logging?
Some people consider it their right to cut down a disturbing tree, regardless of the wishes of other people. However, any such cutting is also considered illegal without the appropriate permit. If another person has established the fact of cutting the trunk or branches of a plant that belongs to the city’s green fund, he must record the offense via photo/video. If proven, the violator will be fined for illegally cutting down a tree within the city and trimming trees.
If there is evidence, you can contact law enforcement agencies with a statement, which must indicate:
- Contact information with telephone number for communication.
- The requirement to punish the person who is engaged in illegal logging.
- If information is available, indicate the contact details of the offender.
- Date and personal signature.
Additionally, a flash drive with photo or video evidence of the crime committed is attached to the application.
Conclusion
Illegal lopping or felling of trees is a serious offense that is subject to not only large fines, but also other sanctions, including forced or correctional labor, as well as arrest .
Therefore, having decided to get rid of a disturbing plant without obtaining permission, it is advisable to ask yourself the question again - is it worth it? After all, a permit can be obtained for money, and the amount of expenses will be many times less than the fine, not to mention other types of punishment.
What to do
If you notice that a tree is being cut down in your yard, find out why - you have the right to do so. For example, an electrician may cut down branches if they pose a threat to power lines. Energy supply companies do this periodically and have permission to do so. They don't need your consent, even if the plant is on your property.
Photo: freepik.com/massonstock
Unfortunately, sometimes residents of a house pretend to be electricians and cut branches without permission because they create a shadow or are blowing against the window from the wind. It is illegal
Pay attention to whether there are wires running there. Moreover, only professional pruning and tree removal services can engage in such cutting.
This is a dangerous procedure that requires skills and special equipment.
Call the city administration or police. Ask to check the logging ticket. There is no need to be afraid; there will be no liability for a false call. On the contrary, you will help prevent crime.
Example. Nikolai was tired of the tree blocking his view. The man lives on the 4th floor and decided to cut down the branches himself, leaning out of the window. He coped with this task easily. Only the cut branches fell on parked cars. Car owners, hearing the alarm, ran into the yard. They called the police, recorded the incident and filed a lawsuit demanding payment for the replacement of windshields, repairs and painting of the roof and hood. The judge granted the claim and, in addition, imposed an administrative fine on the man. The punishment could also be criminal if people were injured by falling branches, or the value of the cut wood was assessed as damage on a large scale.
If it turns out that there is no logging ticket to remove branches or cut down a tree, then the authorities must take action and immediately go to the crime scene. And while they are driving, it will be useful to film the process with a photo or video camera. Upon arrival, the district police officer will check the documents and, when he is convinced that there was no reason to remove the tree, will draw up a report on the administrative violation.
The private sector needs to do the same and as soon as possible. Here the responsibility falls on the owner of the land on which the tree grew. A common situation. You had a fight with your neighbor because your spruce tree is disturbing him, creating a shadow - nothing grows in the garden. The plant has ancestral value, so you refuse to remove it. Then the disgruntled man secretly calls a felling crew, who will illegally cut down the tree while you are away from home. By chance it falls on another neighbor's fence and breaks it.
Photo: pixabay @beckysmith62
At first glance, the fault lies with you because the tree stood on your property, and the owner of the fence will demand compensation for the damage. Call the police as soon as possible to report the unauthorized cutting down of a tree. The district police officer will figure out which company cut the plant, and then find out who ordered the service from it. At the same time, they will interview witnesses and record the facts in documents that can be used in court to prove their innocence.
From the editor! If your trees pose a threat or grow illegally, your neighbors have the right to force them to be cut down through the courts.
Lawonline24
The amount of damage caused is determined by the inspector of the landscaping department or forestry department. The preventive measure is prescribed by the court. Conclusion: He cuts down trees in Krasnodar using the industrial mountaineering method.
By contacting us you will receive:
- a team of qualified climbers with more than 12 years of experience;
- prompt sawing of trees in any part of the city;
- cutting down plants even in hard-to-reach or dangerous places.
Climbers are equipped with certified equipment and necessary tools. After examining the tree to be removed, our consultants will determine the most suitable cutting method and make all the necessary calculations.
When can liability be avoided?
Laws regarding deforestation are very weak and have many weaknesses. For example, a single designation for the term “felling” has not yet appeared. In addition, in a number of regions the interpretation of the law itself differs - some believe that only direct logging is criminally prohibited, and specific participants can be considered guilty, and those who are engaged in related activities are just accomplices. In a number of other regions, on the contrary, all identified persons are considered violators, regardless of what role they played in the process. It is precisely because of such disagreements in the law that lawyers have a lot of room for maneuver. This practice clearly demonstrates that it is extremely difficult to actually record and then prove a violation, and sometimes it is not at all possible. For example, timber is not always removed on the same day on which the felling was carried out. In such cases, detainees may claim that they did not cut anything out, but were simply removing abandoned trees. Both small loggers and gray industrialists take advantage of such imperfections in the system, which is why the scale of illegal logging continues to increase every year.
Sources
- https://rcycle.net/drevesina/derevya/shtrafy-za-spil-v-gorode-v-lesu-na-svoem-uchastke
- https://pravo.moe/nezakonnaya-vyrubka-lesa-ponyatie-otvetstvennost-shtraf/
- https://pravx.ru/stati/federalnye-zakony/nezakonnaya-vyrubka-kakie-posledstvi/
- https://sovetadvokatov.ru/540-nezakonnaya-vyrubka-lesa.html
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Where to contact
Tree cutting in the courtyard of an apartment building is carried out by a specialized agency hired by the Management Company. An application for sawing is submitted to the management company of the apartment building or to the chairman of the HOA.
It is drawn up in free form, but it must contain the following data:
- data of the management company or HOA;
- Full name of the applicant;
- bases for cutting down plantings;
- requirements for the institution to which the application is submitted;
- date and signature.
The most important part of the treatment is the cutting base. This may be an emergency condition, the threat of a tree falling, an incorrect location that contradicts SNiP, or an overgrown crown that prevents insolation
A response to an application is usually received within 10 days. During this time, cutting down must be agreed upon with the city improvement department.
If this period of time has expired and the cutting has not been made, then the applicant has the right to appeal to higher authorities:
- district administration;
- City Administration;
- prosecutor's office;
- management of housing and communal services and improvement.
Price
So how much does it cost to cut down a tree in the yard of a residential building? The cost can be found out from the management company. It is determined by the management company and the company that will do the cutting.
The price of the cut will be included in the maintenance of the common property. The applicant does not have to pay anything additional.
If a tree is cut down on the territory of a multi-storey residential building, then the cost of this service is distributed among all apartment owners. It will be included in payment receipts.
For example, in Moscow, cutting down and removing one tree can cost either 700 rubles or 40 thousand rubles.
Administrative responsibility for deforestation
The felling of trees, as well as bushes, committed outside the law is prosecuted in accordance with the provisions of Article 8.28 of the Code of Administrative Offenses of the Russian Federation, if such an act does not contain signs of a criminal offense. At the same time, punishment for violation of this article provides for the obligation to pay an administrative fine. Simple cutting of trees provides the following fines:
- From 3 to 4 thousand rubles for individuals.
- From 20 to 40 thousand rubles for officials.
- From 200 to 300 thousand rubles for legal entities.
In this case, an aggravating circumstance is the use of mechanisms, equipment, motor vehicles, or the commission of such felling in forest park green belts. If there are such factors accompanying illegal logging, the fine is:
- From 4 to 5 thousand rubles for citizens.
- From 40 to 50 thousand rubles for officials.
- From 300 to 500 thousand rubles for legal entities.
Important
In the case of the use of the above tools, the penalty also includes the confiscation of all illegal logging products. In addition, by court decision, tools and vehicles used to illegally cut down trees, bushes and vines can be confiscated.
It should also be noted that this article of the Code of Administrative Offenses of the Russian Federation also prosecutes persons purchasing, transporting or selling timber that is known to be illegally harvested. In this case, the amount of the fine for this act, even if it was not accompanied by the corresponding cutting of trees by the offender themselves, the fines will be calculated as follows:
- For citizens – 5 thousand rubles.
- For officials – 50 thousand rubles.
- For legal entities – from 400 to 700 thousand rubles.
note
The regulations of the Code of Administrative Offenses of the Russian Federation apply to issues related to the felling of trees only if such felling does not fall within the definition of criminal offenses.
Who can detain the violator?
Any persons with authority can detain the offender if he is seen at the scene of the crime. After which he is taken to the nearest police station, where registration takes place.
List of citizens with powers:
- law enforcement officers,
- National Guard,
- state forestry inspectors.
However, it is impossible to solve the problem on the spot. In order for the punishment to be imposed, the citizen will have to visit the court.