In mid-March to the editor email received a question from Nicholas M.
Hello, dear editors! Happened to me one nasty case.
When I returned to the car with his plot, moving along a country road, I blocked the path of another car. From it came a man and had the state inspector, showing the identity.
Since I’m in the car had a gun, in case, he asked me for my documents; I brought kubile, the permit and a weapons permit.
The documents are in order. I was asked to show the contents of the trunk. In the trunk was a backpack, and it was in the case of simulator votes. I was up a Protocol.
Later held two court, and I face a loss of kotulla from one to two years, respectively, a gun permit for five years and rifled. I would like to know the opinion Vyacheslav Mikhailov.
Dear Nicholas! Thank you for your request, which I will try to answer you.
To give a specific answer in fact your problem can not, because you do not have the necessary to the legal analysis of documents: a Protocol on administrative offence, the decision of the magistrate and district court on consideration of offences in which you were convicted. Not presents and any other documents on this case.
Likely, you are attracted to administrative responsibility for the offense provided by part 1 of article 8.37 of the administrative code.
In accordance with the above rule to administrative responsibility can be brought by the hunters for violations of hunting Regulations, and its penalties include “deprivation of kotulla from one to two years, respectively, and a gun permit”.
Analysis of the facts stated in circulation, shows that GosKomInvest stopped your car, when you moved from your site on a country road.
Why when driving on any roads permitted to carry weapons, the courts, public authorities, the media and the “HORN” in particular explained repeatedly. To stop this I will not.
For information. Some rules of law necessary for the resolution of disputes on violations of hunting regulations.
1. Officials of specially authorized state bodies on protection, the Federal government supervision and regulation of use of fauna objects and their habitat are entitled to make inspection of things and personal inspection of the detained persons, a stop and examination of vehicles, check weapons and other instruments of production of objects of fauna, the extracted objects of fauna and products thereof, including during its transportation, in places of warehousing and processing (article 31 of the Federal law “On fauna”).
2. In accordance with the Federal law “About hunting”:
— tasks of the Federal state hunting supervision are detection, prevention and suppression of violations of requirements in the field of hunting and preservation of hunting resources, established by this Federal law, other Federal laws and adopted in accordance with them other normative legal acts of the Russian Federation, laws and other normative legal acts of constituent entities of the Russian Federation (paragraph 1 of article 40);
— Federal state hunting supervision is carried out by the authorized Federal Executive body and Executive bodies of constituent entities of the Russian Federation, which transferred powers of the Russian Federation on implementation of Federal state hunting supervision (further — state supervision bodies) according to their competence in the order established by the Government of the Russian Federation (part 2 of article 40);
rights of officials of state supervision are the state inspectors in the field of environmental protection, in the order established by the legislation of the Russian Federation (part 3 article 40);
— production of hunting inspectors shall have the right to make card production hunting inspector in the presence of sufficient data on the violations of the requirements in the field of hunting and preservation of hunting resources person located within the boundaries of hunting grounds, inspection of items at the specified entity (including hunting guns, hunting products), the stopping and inspection of vehicles without compromising the integrity of the autopsy and inspect things, vehicles and their parts (section 2, part 7, article 41).
3. Control over the circulation of weapons on the basis of the requirements of article 28 of the Federal law “On weapons” carried out by bodies of internal Affairs, the rights are defined with article 13 of the law “On police”.
4. Persons having the authority to initiate, investigate and decision-making, the conduct of investigations and proceedings, including preparation and execution of protocols, addressing and bringing to administrative responsibility are defined by the administrative code.
5. The procedure for transportation of weapons through the territory of Russia is established by paragraph 77 of the Rules of circulation of civilian and service weapons and ammunition on the territory of the Russian Federation (decree of the RF Government dated 21.07.1998, No. 814 in step. ed.).
Analysis of the above-mentioned law gives the opportunity to assert that “inspector” in relation to you had the right to stop and search your car and check for weapons and other implements of production of objects of fauna, and also obtained wildlife and derived products, including during its transportation
(article 27.2 Cao RF).
Inspection the vehicle is in the in this article the order in the presence of two witnesses (section 2), the Protocol of inspection must comply with paragraph 6.
Not everyone knows, but this article requires the Protocol on inspection of the vehicle, among other things, to specify information about the type, quantity and identification signs of things, are found during the inspection. And if everything was against you, committed by a state inspector in accordance with this provision of the law?
You said that during the search in the trunk was a backpack, and it was in the case of simulator votes.
Indeed, p. 52.14 score change hunting Regulations prohibit the use of hunting “electronic devices that mimic the sounds of hunting animals” (order of the Ministry of natural resources and ecology of the Russian Federation of 16.11.2010 № 512 in step. ed.).
But the very presence in the car of this electronic Manka has not said about the presence in your actions an administrative offense specified in part 1 of article 8.37 of the administrative code, on violation of hunting Regulations.
The objective side of an administrative offense under part 1 of article 8.37 of the administrative code, is a violation of hunting regulations, i.e. requirements for implementation of the hunting and preservation of hunting resources on the territory of the Russian Federation, in particular the presence of individuals in the hunting grounds with hunting guns and (or) products of hunting, hunting dogs breeds, hunting birds without permit (item 14 of the Resolution of Plenum of the Supreme Court of the Russian Federation dated 18.10.2012, No. 21 “On application by courts of legislation on liability for violations in the field of environmental protection and nature management”).
Out of circulation is not entirely clear exactly how it was established a breach of the rules of hunting. After all, the very movement of the vehicles on the roads through the hunting ground, if complied with the rules of transportation of weapons, means, above all, on transport a hunting rifle.
The lack of necessary information does not allow to make a definite conclusion about what happened, and also give you specific recommendations.
And last. In paragraph 14 of the decision of Plenum VS of the Russian Federation a list of the NPA, which contain the rules of hunting, the violation of which the punishment under part 1 of article 8.37 of the administrative code. It says here that “the rules of hunting, approved by order of Ministry of natural resources and ecology of the Russian Federation from November 16, 2010 n 512 “About the statement of rules of hunting” and a Resolution of the Council of Ministers of the RSFSR from October 10, 1960, № 1548 “On approval of the regulation on hunting and hunting economy of the RSFSR” and the order of the Main Department of hunting economy and nature reserves at Ministerial Council of RSFSR from January 4, 1988 No. 1 “On approval of typical rules of hunting” (used in the part where they do not contradict the Federal law “About hunting and preservation of hunting resources and on amendments to certain legislative acts of the Russian Federation)”.
