The editorial office received a letter
from the Perm Territory. Amateur hunter G. wrote that on October 30, 2011, while waiting for the train at the Alabastrovo station, having a sheathed hunting rifle with him, he underwent a document check by the gamekeeper T. of the Taezhnoye hunting farm.
Due to the lack of a hunting permit, the huntsman T. confiscated a hunting ticket from an amateur hunter. G. tried to object, explaining that the huntsman was confusing the concepts of hunting, poaching and carrying a registered hunting weapon, which was also in a case, and demanded from the huntsman: to draw up a protocol on the seizure of a hunting ticket indicating the reason; examine the weapon for the presence or absence of signs of its use for hunting purposes; inspect the backpack for the presence – absence of hunting products in it.
Instead, the huntsman said that it was enough for him to hear two shots at a place, as G. wrote, located 5 kilometers from his dacha. He did not return the hunting ticket, he did not draw up a protocol on its withdrawal.
G. explained that in the autumn-winter period he, leaving for the dacha, often takes a gun with him. There were no hunters among the eyewitnesses of the incident at the station. G. only managed to get their mobile phone numbers from two citizens. The next day he filed a written complaint addressed to the head of the State Hunting Inspection of the Perm Territory. However, at the time of writing a letter to the editorial office of “ROG” (November 23, 2011), he received no response to his appeal.
Due to the fact that G., possibly, will decide to defend his right to carry hunting weapons and to respect himself as a citizen, in the manner prescribed by law, we do not name the real names of the applicant, the huntsman and the head of the State Hunting Inspection of the Perm Territory.
So the hunter G. the huntsman T. accused him of illegal hunting. But The
legal definition of hunting is given in Article 14 of the Federal Law “On Hunting and Conservation of Hunting Resources and on Amendments to Certain Legislative Acts of the Russian Federation” dated July 24, 2009
No. 209-FZ (hereinafter – FZ-209), as well as in subparagraph a) of paragraph 3 of the “Rules for the extraction of wildlife objects classified as hunting objects” (Decree of the 18, as amended on February 25, 2009 No. 171; hereinafter – the Rules of extraction): Hunting or “Hunting for objects of the animal world”, including tracking for the purpose of prey, pursuit and the very catch of objects of the animal world that are in a state of natural freedom, as well as finding objects of the animal world in their natural habitat with a loaded, uncovered hunting weapon.
If G. was with a shrouded gun on a railway platform and was waiting for a commuter train, then this cannot be called a hunt. The railway platform cannot be called a hunting ground. Therefore, the actions of the huntsman T., who alone, without police officers, not in the hunting grounds, not during the transportation of hunting products, began to check the documents of the amateur hunter G., are difficult to explain.
On the other hand, if T. is an employee of the State Hunting Inspection of the Perm Territory, endowed in the established manner with the rights of a state inspector, then his actions may be lawful. Of course, if at the same time he has complied with the legal requirements applicable to these conditions.
During the hunt, when transporting hunting products, the hunter is obliged to present a hunting ticket at the request of officials of the hunting management bodies, state inspectors of nature protection, forest and fish protection, protection of specially protected natural areas, employees of the Ministry of Internal Affairs, workers of hunting farms and public hunting inspectors.
Federal hunting supervision, in accordance with article 40 of FZ-209, is empowered to identify, prevent and suppress violations of the requirements in the field of hunting and the conservation of hunting resources.
The federal hunting supervision bodies include the authorized federal executive body and the executive bodies of the constituent entities of the Russian Federation, which have been delegated the powers of the Russian Federation to exercise federal state hunting supervision.
The rights of officials of state supervision bodies, who are state hunting inspectors, are established by paragraph 3 of Article 40 of FZ-209. In addition, they are given the right to draw up protocols on administrative offenses related to violation of the legislation of the Russian Federation in the field of hunting and preservation of hunting resources, to consider cases of these administrative offenses and to take measures to prevent such violations.
As the executive body of state power of the Perm Territory, the Inspectorate exercises certain powers of the Russian Federation, transferred in accordance with federal legislation, as well as the powers of the Perm Territory in the field of hunting and preservation of hunting resources, in the field of protection and use of wildlife, aquatic biological resources, and powers to ensure the creation and protection of state natural biological reserves of regional significance. The inspectorate carries out its activities directly and through a subordinate regional institution – GKU “Permokhota”.
A huntsman is a specialist who has a higher professional or secondary specialized education and performs his duties on a strictly established territory of a hunting farm, a wildlife reserve, a huntsman walk, a reproduction area, etc., with exact coordinates, location and area of the jurisdictional territory.