The situation when on the side of the road a car with special signals and striped employees appears, always causes tension in the driver. Especially if it is not a regular crew of the DPS, but a car of the state inspection on hunting. Many motorists mistakenly believe that the representatives of this service have the right to stop any transport indiscriminately, like police officers, which causes many conflicts and controversial situations. In fact, the law clearly regulates the boundaries of their powers, and knowing these nuances will help you to keep calm and nervous.
The question of whether huntsman Stop your car on the track, there is no unequivocal answer "yes" or "no", as it all depends on the specific circumstances and the availability of the employee of the appropriate authority. In recent years, the functions of environmental agencies have expanded, but they are not fully equated with the police. It is important to understand the difference between patrolling the grounds and checking on the federal highway in order to build a dialogue with the government representative. In this article, we will discuss legal aspects in detail, based on current regulations and law enforcement practices.
First of all, it is worth noting that hunting-supervision (Gohnadzor) is a specialized control body. Its main task is to preserve hunting resources and comply with the rules of hunting. However, in pursuit of offenders of poaching, employees often go to public roads, where their rights are significantly different from the rights of traffic police officers. The hunting inspector is not a police officer and does not have the universal right to stop vehicles to check the driver’s documents, if this does not involve identifying signs of an administrative offense in the field of hunting. This is a key difference that every driver should know.
Legal status and powers of the inspector
To understand the situation, you need to refer to the Federal law "On hunting and conservation of hunting resources". Under the current legislation, officials of the authorities state hunting supervision They have a certain set of rights. They have the right to check documents for the right to hunt, permits for the extraction of hunting resources, as well as hunting tickets. However, these activities are legal mainly in places where hunting is carried out directly or in the immediate vicinity of hunting grounds.
On public roads, the situation is regulated additionally by the Traffic Rules and administrative regulations. Hunting Inspector lawless Just wave the baton and demand to show a driver's license or insurance policy, if he has no visible signs of violation in the field of hunting. For example, if a gun sticks out of the car body or a wild animal carcass is visible. In normal situations, checking the driver’s documents is the prerogative of employees. MVD and traffic police.
However, in the fight against poaching, the powers of inspectors are periodically reviewed and expanded at the regional level. In some regions of the Federation, hunting inspectors may be granted status officersAuthorized to draw up protocols on administrative offences. Even so, their actions must be strictly justified. Just “for prevention” or “planned inspection” on the road away from the forest will be an excess of official authority.
It is also important to consider that the hunting inspector can work together with the police. In such cases, all legal requirements to stop the vehicle are from the employee. policeThe one who checks the documents. The inspector in this case acts as an expert or a comprehensible, if it is a question of a specific hunting equipment. Separation of areas of responsibility is critical for the legal assessment of the actions of inspectors.
Grounds for stopping the vehicle
When is stopping a car by a hunting inspector legal? There are a number of specific situations in which the actions of a supervisory authority officer are considered lawful. First of all, it is the presence visual Violations of hunting rules. If the inspector sees in the cabin or body guns, traps, nets or game, he must react. In this case, its purpose is to prevent possible poaching and preserve physical evidence.
The second reason is to find the car directly in the hunting-ground Forest roads that are not formally public roads but are used for travel. Here, the jurisdiction of hunting supervision is maximum. If you turn off the paved track to the primer leading to the forest and you are stopped – most likely, it is legal, since you are in the area of their direct responsibility.
Also, the reason for the stop may be the orientation on the search for a vehicle that was used for illegal hunting. If the inspector has received information that a particular car with specific numbers is seen at the poaching site, he has the right to stop it for inspection. However, in this case, he must clearly state the reason for the stop and, preferably, have confirmation of the information received.
⚠️ Attention: If the hunting inspector requires to stop on the highway away from the forest without visible signs of violation (weapons, game), you have every right not to comply with the requirement if it threatens traffic safety. Stopping in the middle of the stream for "document checks" is prohibited.
It is also worth mentioning the joint raids. Often, hunting supervision works in conjunction with Regardie or the police. In such a tandem, the stop is made by a police officer who has full rights to this according to traffic rules. The hunter at this point is approaching the stopped car. This is the most common and legally competent scheme of inspections on public roads.
Procedure for document verification and inspection
If a stoppage has occurred, it is important to know the order of action. The inspector must introduce himself, name his position and present his official certificate. You have the right to rewrite the identity card or take a picture of it. After that, he must clearly explain the reason for the stop. If the reason is “checking the driver’s documents”, then this is a direct violation, because huntsman He is not an employee of the DHS.
Another thing is when it comes to checking documents for weapons or hunting tickets. If you have signs of hunting equipment in your car, the inspector may request permission. Refusal to provide documents for weapons or hunting tickets in the presence of signs of hunting (camouflage, rifle case) may be regarded as an offense. However, he cannot claim a driver’s license and insurance, it is the competence of the police.
As for the inspection of the cabin and trunk, the rules are even stricter. The Hunting Inspector has no right to conduct inspection (personal or vehicle) unilaterally. Inspection is only possible in the presence of two witnesses of the same sex or with the use of video recordings, and only if there are reasonable grounds to believe that the vehicle is poaching tools. Simple "open the trunk, see" without protocol and understandable - illegal.
☑️ What to check when communicating with the inspector
If the inspector insists on inspection without witnesses, you can politely but firmly refer to article 27.7 of the administrative code of the Russian Federation, which regulates the procedure for inspection. Remember that your actions are also recorded, so be correct, but know your rights. Any pressure or threats from both sides will only make the situation worse.
Features of the removal of guns and production
One of the most painful topics is the seizure of weapons and trophies. The hunting inspector has the right to seize hunting tools and products only within the framework of drawing up a protocol on an administrative offense. This action is documented. A protocol should be drawn up on the spot, in which all seized items are entered with an indication of their characteristics (caliber, number of weapons, type and number of game).
It is important to note that the withdrawal is not permanent, but before the case is considered. The items are placed in responsible storage. If the inspector just takes the gun "until the investigation" without paperwork, it is illegal. You have the right to request a copy of the withdrawal protocol immediately. Without this document, it will be very difficult to return the property.
If it is poaching, the situation turns into a criminal or administrative law. In this case, the withdrawal is a measure to ensure the proceedings in the case. Hunting Inspector acts as a person authorized to draw up protocols, but the final decision on seizure of state property is taken by the court. Until then, you are formally the owner of the property seized.
| Action. | Hunting Inspector | Traffic police officer | Police officer |
|---|---|---|---|
| Stopping a car on the highway | Only in case of signs of hunting violation | Yeah, for any of the traffic. | Yes, for background checks. |
| Checking the driver's license | No (not in the competence) | Yes. | Yes. |
| Weapons permit verification | Yes, if there are signs of hunting. | No (passing police) | Yes. |
| Track inspection | Only with understood/video and protocol | Yes, due process. | Yes, due process. |
As can be seen from the table, the powers of the hunting inspector are narrower than those of the police, but in their narrow sphere they are quite strong. The main thing is not to give cause for suspicion and keep weapons documents in order. If you are a legitimate hunter, you have nothing to fear, but legal literacy will help you avoid unnecessary bureaucracy.
Joint raids with police and Regardie
The most effective and common form of road control is joint activities. As part of preventive operations "Anti-Braconier" or "Zaslon" mobile groups are created, which include employees of the Ministry of Internal Affairs, Regardie and hunting supervision. In such cases, the algorithm of actions changes: the car stops the employee. police Or the Rosgvardiya, which is completely legal.
After stopping, a hunting inspector approaches the car. He does not require driving documents, but is interested only in hunting topics. This scheme allows you to circumvent the restrictions relating to the stop of transport by hunting supervision. For the driver, this means resisting a stop is useless and dangerous, as the lawful demands of the police are binding.
What if they behave aggressively in a joint raid?
In case of aggression or abuse of authority by any party (police or hunting supervision), remain calm. Do not make physical contact. Make it clear that you disagree with the actions of employees, and request that your comments be included in the record. All complaints should be filed post facto through the prosecutor's office or the court, having copies of documents and video recordings on hand.
Often in such raids check not only the availability of vouchers, but also the legality of carrying weapons, the state of intoxication and even the technical condition of the car (if there is a traffic police post nearby). Therefore, the availability of a full set of documents from a hunter should be the norm. The absence of a ticket or an expired ticket for hunting with a full machine of equipment is a guaranteed fine and the seizure of trophies.
Liability for insubordination and breaches
What is the risk of a driver refusing to comply with the lawful requirements of a hunting inspector? If the stop was lawful (for example, you were leaving a forest with a loot), and you ignored the requirement to stop, it can be regarded as disobedience. However, if the inspector acted outside his competence (stopped on the track without signs of violation), then responsibility for “disobedience” cannot occur.
For violation of hunting rules, revealed during the inspection, faces administrative liability under article 8.37 of the administrative code of the Russian Federation. Fines can range from several thousand to tens of thousands of rubles, plus confiscation of hunting and prey tools. In the case of poaching on a particularly large scale or with causing major damage, criminality under article 258 of the criminal code of the Russian Federation.
It is important to distinguish between refusing to provide hunting documents and refusing to stop. The first is almost always a violation if the inspector had reason to check. The second one depends on the legality of the stop. If you are stopped illegally, you are not obliged to get out of the car, but it is also not worthwhile to ram a roadblock or walk away from a chase - this will create additional problems.
Always carry a DVR with you, which writes sound, or turn on the recording on your smartphone when communicating with inspectors. This will discipline both sides and will be the main evidence in court in the event of a conflict.
Remember that the purpose of the law is not to punish, but to preserve nature. A conscientious hunter who observes deadlines, rules and regulations has nothing to fear from inspections. But knowing your rights will help you defend them if you face the arbitrariness of some unscrupulous employees.
Frequently Asked Questions (FAQ)
Can the hunting inspector check the documents for the car (CTS, policy)?
No, he can't. Checking documents for a vehicle (STS, driver's license, CTP policy) is within the exclusive competence of traffic police and police. The hunting inspector may only be interested in documents related to hunting (hunting ticket, voucher, weapons permit), and then only if there are reasons to believe that you were engaged in hunting.
Does the driver have the right to stop the car at night?
The time of day itself does not give you any additional rights. At night, the same rules apply: a stop is possible if there are signs of a violation of hunting (lights in the grounds, the presence of weapons) or if it is a joint raid with the police. Just stop the car in the middle of the night "for prevention" hunting inspector has no right.
What if the hunter wants to open the trunk without witnesses?
You have the right to refuse to be searched without observing procedural rules (the presence of two witnesses or a videotape). Please politely inform us that you are willing to allow access to the trunk only in the presence of witnesses or subject to continuous video recording of the procedure, as required by law. Refusal to unlawfully search is not an offence.
Can I shoot a hunting inspector on video?
Yes, you can. According to the law, you have the right to record the actions of officials in the performance of their duties, if it does not interfere with the performance of their work and does not violate the law on state secrets (which in this case does not apply). Warning the inspector about the shooting is not necessary, but it is advisable to do so to avoid conflicts.
Is there a penalty for not having a hunting ticket in the car?
The penalty is not for the absence of a paper in the car, and for hunting without a ticket. However, if you have a gun in your car and are in hunting grounds, not having a ticket with you can be considered a violation of hunting rules. Therefore, the original or copy of the hunting ticket should always be with you when transporting weapons and being in hunting areas.