To the editor of “Russian hunting newspaper” received a letter from Komissarov Alexey Arkadyevich, living in the village of Mikhailovskoye vorotynsky district of Nizhny Novgorod region.
The author raised several concerns. At the request of the editorial staff answers our expert Pavel Vasiliev, as the questions and answers may be of interest
and other hunters.
So, let’s start in order. The author asks:
1. What is considered the border of the village — the last house (structure), which then — natural landscape (forest, meadows, field)?
The Land code of the Russian Federation, article 83 is entitled “the Concept of lands of settlements and concept of borders of settlements”. Paragraph 2 of article 83 defines “the boundaries of urban and rural settlements separate land settlements from lands of other categories. The boundaries of urban and rural settlements may cross municipal boundaries or to go beyond their boundaries, and to cross the boundaries of the land plots granted to citizens or legal entities”. St. 84 of the same code defines “Order of the establishment or change of borders of settlements”, approved by the deputies of the Russian Federation, and the village developed a master plan and, where specified boundaries of the settlement. This document is stored at the head of the administrative settlement. If you want to know the borders of their settlement should be referred to him. P. 16.1 “hunting Regulations” is prohibited “to harvest game animals with the use of hunting firearms and (or) airgun within 200 metres from housing.”
2. Allow any regulatory documents to shoot grey crow all year round in all natural zones of the Russian Federation? Is it possible to use for these purposes the small-bore rifled hunting rifle (TOZ-78, kotelet available).
I would question the word “shoot” has replaced the word “hunt”. Why? In article 12 of the Law “On hunting” listed “Species hunt”. P. 4. this article has identified “Hunting in order to regulate the number of hunting resources”. St. 23 of the Law “On hunting” requires “through the implementation and preservation of the hunting resources are “hunting regulations”. They were approved by order of Ministry of 16.11.2010 g. № 512. St. 3.2 “hunting Regulations” requires the hunter in the exercise of hunting to have a hunting license, permission to storage and carrying of firearms and (or) the pneumatic weapon, permission for the extraction of hunting resources and hunting grounds and the permit, in cases provided by the Law “About hunting”. “Hunting rules” explain (article 52 clause 1), ravens (grey, black and a) can be laws of subjects of the Russian Federation related to hunting resources. Therefore, if the crows annoy local residents, for hunting should have a production permit from the issuing authority and written consent of the head of the local populations for their shooting. In the “hunting Regulations”, article 53, says — “in the exercise of hunting is prohibited”: p. 53.3. “the use of hunting firearms and long guns with rifled barrel and rifled guns hunting firearms combined arms for hunting for a feathery game, except for shooting in mountain and upland game within the time specified in paragraph 41 of these Regulations;”. St. 8.37.1 of the administrative code defines “Infringement of rules of hunting, except for the cases stipulated by paragraphs 1.2, 1.3 of the present article, shall entail the imposition of an administrative fine on citizens in the amount from five hundred to four thousand roubles with confiscation of hunting weapons or without such, or by deprivation of the right to exercise the hunt for up to two years;”. So without the permission of such hunting is prohibited. And article 20.13.2. CaO says — “shooting from the weapon in settlements or other non-designated areas, punishable by an administrative fine of forty thousand to fifty thousand roubles with confiscation of weapons and cartridges to it or deprivation of the right to acquisition and storage or storage and carrying of weapons for the term from half a year to three years with confiscation of weapons and ammunition”. So, went to shoot a bird on the edge of the village and immediately ran into two violations and very strict punishments. Expensive cost the desire to save fellow countrymen from the annoying crows.
You write that once outside the house shot a rabid Fox, and through the local newspaper announced to You thanks. Honor and praise to You. But You broke the law and hunting regulations. Good or bad law, but it is the law and it should be carried out. Such cases are not uncommon, and their presence hunters were penalized. On the basis of interpretation of the abovementioned articles, You legitimately could punish.
The author of expiring permit the possession and carrying of firearms (carbine TOZ-78), and he asks:
3. What may cause trouble, if on time, i.e. within the prescribed period, I will not be able to extend the permission to storage and carrying TOZ-78?
I remember, article 20.11.1 administrative code provides — “the Violation of a citizen deadlines to register a purchased license of the internal Affairs bodies of weapons, as well as the set time of renewal (re-registration) of permissions (open licences) on its storage and carrying or terms of statement of the weapon on the account in bodies of internal Affairs when changing citizen permanent residence — shall entail a warning or imposition of an administrative fine in the amount from one thousand to three thousand roubles.”
Alex Abramovich is not quite right interprets the “warning” as a minor violation. St. 2.9 Cao allows for “the possibility of exemption from administrative liability for minor offense. The judge, body, the official, authorised to solve business about an administrative offence, can release the person who committed an administrative offence, from administrative responsibility and to be limited to oral warning”. Feel the difference between — “admonishment” and “warning”? St. 3.2 of the administrative code defines the “Kinds of sentences”. First in the list is “warning”. St. 3.4. treats:
1. Warning — a measure of administrative punishment expressed in official censure physical or the legal entity. The warning shall be made in writing.
2. The warning is set for the first time perfect administrative offences in the absence of harm or threat of harm to the life and health of people,… and in the absence of damage. For extension of a permit for the possession and carrying of weapons hunter in ATS units should apply no later than one month from the date of issuance of the permit. Also, the owner of hunting weapons in the event of a change of residence, in a 2-week period from the date of registration at the new place of residence should contact the local authority (the Law “On weapons”).
Alex Abramovich writes that he had five years ago in charge of the local police Department in the presence of the district witnesses under the Protocol withdrew the weapon because of “violation of terms of renewal of the permission to storage and carrying of rifled firearms.” Without reference to any article of the administrative code or the Law “On weapons”. Will this be considered as an omission of law enforcement officers. For similar reasons, the citizen V. Zelenyuk appealed to the constitutional court of the Russian Federation. The court stated — “therefore, when the period of validity of the permission to storage and carrying of weapons it is illegal because there is no evidence of compliance with the owner of the weapon is necessary safe storage conditions and use.” Alex Abramovich suggests that he, paying the penalty can now safely within a one year deal with the extension of the permission to storage and carrying of weapons. Will not work. First, you don’t have one (it is invalid) and the question of the extension itself disappears.
You will have to issue a new permit. In article 4.6. CaO said, “until the expiration of one year”. St. 4.8.1 States — “the Terms specified in the present Code, are estimated hours, days, days, months, years.” In the note to article 4.8.4. they say — “the provisions of this article shall not apply if the other articles of this Code establishes a procedure for the calculation of time limits, and the calculation of terms of administrative punishment”. The judge, defining the terms will take into account the requirements of the Law “On weapons”. Secondly, the medical certificate is valid, certainly not in the course of the year. Our life is so constituted that certain situations are not always amenable to common sense understanding. Ill, and the term of the permit expires in a month. Call the police, send a registered letter, invite the district. They can’t, ask family, friends to notify the police Department. There are also people that will understand.
Don’t know whether I have managed to answer, Mr Abramovich, on Your questions. But believe me, I sincerely wanted it.
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