Mushroom pickers are already ringing the alarm bells – they fear that they will have to walk through the forests with an encyclopedia, and the Ministry of Natural Resources assures: such a severe punishment is provided only for the destruction of several types of plants and mushrooms.
The newspaper “Izvestije” analyzed who faces the biggest punishments and how not to make a mistake.
Expensive mushrooms
From October 12 collection of mushrooms and plants included in the Red Book becomes a criminal act: a new article 260.1 of the Criminal Code of Russia came into force to combat this type of environmental violations.
It provides for fines in the millions, and in certain cases, criminal penalties for the illegal collection and extraction of particularly valuable plants and mushrooms, their intentional destruction or damage, and commercial circulation.
First of all, the new article provides such sanctions as imprisonment of up to four years and a fine of up to 1 million. rubles. And if the destruction of valuable species was demonstrated on the Internet or the official position was used to collect them, the sentence increases to six years and a fine of up to 2 million.
Illegal buying or selling of these plants and mushrooms over the Internet is punishable by five years in prison and a fine of up to 1.5 million. rubles. The maximum sentence under the “mushroom” article is up to nine years with a fine of up to 3 million. EUR – provided for the trade of rare plants and mushrooms using mass information media or the Internet, which is carried out by a group of persons with prior agreement.
Ilya Drozdov, a lawyer at the Makejev and Partners law firm, explained to the media that such a harsh punishment is usually equivalent to sanctions for other environmental violations. On the other hand, compared to a similar article of the Administrative Code, it may seem excessive – there the penalty does not exceed 5,000 rubles.
The press service of the Ministry of Natural Resources reported that criminal liability will not be introduced for all, but only for particularly valuable plants and mushrooms listed in the Red Book.
The border department of the FST will also carry out the control
Control of illegal collection and trade is carried out by the Ministry of Internal Affairs of Russia, the Border Department of the Federal Security Service and the Federal Customs Service.
Experts said that matsutake the price of mushrooms can reach 2-5 thousand. US dollars per kilogram.
However, mushrooms listed in the Red Book grow everywhere in Russia, Roslesinforg press service noted. They can be found in Moscow, Kostroma and Vladimir regions, and in the Far East, Siberia and even the Far North.
Black truffles, which grow mainly in the Caucasus in Russia, are mentioned separately.
“This is a very rare mushroom that grows underground. Despite the fact that it is a delicacy and the closest relative of the famous French analogue, in Russia these mushrooms are included in the Red Book and should not be collected,” the warning says.
The new bans and established sanctions caused a strong reaction from mushroom pickers – comments poured in on social network groups. Among them there are many humorous ones. For example, Aleksandr, a user of the Telegram channel “Moskva žinios”, asks his fellow mushroom pickers: “What are the chances of being released on parole for picking a mushroom?”. And user Svetlana adds: “Haven’t you seen squirrels and hedgehogs with cameras?” It will be!”
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**Interview with Ilya Drozdov, Lawyer at Makejev and Partners**
**Editor:** Thank you for joining us today, Ilya. The new article in the Criminal Code regarding the collection of mushrooms and plants from the Red Data Book has certainly stirred up a lot of discussion. Can you explain the intent behind this legislation?
**Ilya Drozdov:** Certainly! The intent of Article 260.1 is primarily to protect endangered species that are categorized in the Red Data Book of the Russian Federation. As we see a rise in environmental violations, especially concerning valuable plants and fungi, it’s crucial to enforce stricter penalties to deter illegal collection and trade. This law seeks to preserve biodiversity and ensure the survival of these rare species.
**Editor:** The penalties outlined are quite severe, with fines reaching up to 3 million rubles and imprisonment of up to nine years. Do you think these measures are necessary?
**Ilya Drozdov:** Yes, I do. The severity of the punishment corresponds to the potential impact on the environment and the urgency of protecting these species. While it may seem excessive compared to administrative penalties, which are significantly lower, the goal is to highlight the seriousness of these actions and provide a strong deterrent against the illegal trade of our natural heritage.
**Editor:** Mushroom pickers are expressing concerns about being unreasonably penalized. How does the law ensure that punishment is reserved for only the most egregious violations?
**Ilya Drozdov:** The Ministry of Natural Resources has clarified that criminal liability will target only those particularly valuable species listed in the Red Book. This means that common mushrooms or plants won’t be subject to these severe penalties. Moreover, enforcement agencies, such as the Ministry of Internal Affairs and the Federal Security Service, will be active in monitoring and controlling illegal activities, which should help alleviate concerns.
**Editor:** Experts have noted that the price of certain mushrooms, like matsutake, can skyrocket in the market. Do you think this legislation will impact the market for rare fungi?
**Ilya Drozdov:** It’s possible! By placing such stringent penalties on illegal collection and trade, we might actually see a decrease in the black market for rare mushrooms. This could stabilize prices over time and encourage ethical foraging practices. Ultimately, this legislation could foster greater awareness about conservation issues and the true value of protecting our natural resources.
**Editor:** Thank you, Ilya, for your insights on this important topic. As the ramifications of these new laws unfold, it will be interesting to see how they shape both environmental preservation and public perceptions of foraging in Russia.
**Ilya Drozdov:** Thank you for having me! It’s crucial to keep these discussions going as we navigate these changes.
