There is a real war in the woods: barely seeing the officers, the arrogant criminals erupt, the fierce hunts begin

The forest floor is being destroyed

According to the Glossary of Ecological Terms, forest cover is a layer of organic matter on the soil surface made up of decaying forest sediments (needles, leaves, twigs, bark), dead grass, moss, and lichen residues. Also a set of mosses, herbaceous plants, shrubs, mushrooms, lichens. Dead forest cover: falling plants and sediments in various stages of decomposition on the soil surface. These are fallen leaves, needles, bark, boiled dry land, mud, peat bog.

The Ecological Dictionary also contains a term that describes injuries: damage to plants, destruction of the environment. The ATV, driving on the forest floor, leaves grooves, damaging it, destroying the established ecological balance (destroying insects, fungi, violating the required humidity ratio).

“Damage” is defined as a direct adverse change in the structure of the forest floor or its elements or a deterioration of functions, properties that are beneficial to the environment or people.

Damages are calculated according to the “Methodology of compensation for environmental damage caused by illegal activities of natural and legal persons in forests” approved by the Minister of Environment of the Republic of Lithuania in 2014. by order no. D1-249. (3 euros for 1 square meter of damaged forest floor).

How to Punish Forest Eagles

ATVs are undoubtedly responsible for damaging nature and breaking the rules. This is established in the Code of Administrative Offenses:

Article 282 of the ANC. Driving illegally through grassy cover, forest floor, or icy bodies of water by motor vehicles

Part 1. Illegal driving through pastures, forest floors or bodies of icy water in motor vehicles carries a warning or a fine of 20 to 140 euros.

2 parts. Illegal driving across a grass cover, forest floor by motor vehicles, where the grass cover or forest floor has been damaged or destroyed as a result, incurs a fine of 140 to 300 euros.

Any vehicle should drive in woods and fields only on designated roads: dirt or asphalt. Even when riding, you should not deviate from the cross road or mention the grass. The exception is for logging trucks only. Everything is clearly established in Law No. D1-849, entitled “Rules for visiting the forest”:

11. It is forbidden to enter the forest and drive under it in motor vehicles, articulated transport is only possible by road. It is possible to ride a horse through various paths. Cycling is possible on recreational, cognitive or other forest roads and trails without disturbing pedestrian visitors to the forest and without damaging the trail surface.

12. Vehicles can be parked in the woods only in designated parking lots (parking lot) or on the side of the road, ensuring the ability for other vehicles to pass the road. When parking the vehicle on the side of the road, avoid driving on moss, lichens, traffic jams.

Off-road vehicle offenders are usually punished under article 282. Paragraph 1 and thus empty their wallets with small fines of 20 to 60 euros. For some of them, they are insignificant amounts that do not make them think deeply, allowing the arbitrariness to continue.

And once a sentence has been imposed under paragraph 2, those “eagles” will have to pay a much higher fine and even compensate for the damage caused to the environment. This is a much longer process during which the area of ​​the deteriorated mat is measured.

For example, in 2017. The Marijampolė District Court issued a decision to fine two ATV drivers – 220 euros each and ordered to compensate 16,650 euros for damage to nature for damaging 550 m² of forest land.

But the administrative penalties are negligible compared to Article 217 of the Penal Code on protected natural heritage, according to which ratified offenders can also be sentenced to up to 5 years in prison:

Article 271 of the CC. Destruction or destruction of protected areas or natural heritage sites

Part 1. Anyone who has destroyed or destroyed a state park, reserve, reserve or other natural territory protected by the state, a natural habitat or species protected in it, or a territorial complex of natural heritage for whose protection this has been established. territory, or a natural heritage The object will be sanctioned with a fine or imprisonment, restriction or arrest or imprisonment for up to 5 years.

2 parts. The offenses set forth in paragraph 1 of this article shall also be criminal offenses when committed through negligence.

Part 3. The legal person will also be responsible for the acts provided for in this article.

What actions do environmentalists and officials take?

Officials from the Department of Environmental Protection (AAD) often participate in raids in conjunction with highway patrols. Most recently, on January 10. During the raid in the Šalčininkai district, a quad bike driven by a girl without rights was stopped.

Also AAD from 2022. June 30 plans to implement the project “Increase the efficiency of state control of environmental protection”, whose objective is a more effective control of environmental protection and better preservation of ecosystems. The fight against the arbitrariness of ATVs in forests is also likely to improve.

Environmental officials will receive the necessary equipment for inspections and investigations next summer: mobile computerized workplaces in official cars will be completed and new measurement devices will appear.

Lina Lapėnaitė, Chief Specialist of the AAD Communication Division, commented on the situation in more detail: The Department of the Environment organized up to 40 raids to combat quads, or quad offenders were identified during the raids. Some of them were also organized with other services: foresters from the State Forestry Company and employees of the State Border Guard Service. Up to 15 people were punished through organized raids or joint raids with other services. The most common offenses are not driving a quad without the rights or documents of the vehicle, as well as when a quad is driven by a minor. In addition to these violations, some violators have been fined for destroying the forest floor. The age of these criminals varies: young and middle-aged. Most of the time, criminals try to escape from environmentalists, they don’t stop, then they have to chase them, catch them. Criminals are rarely benevolent and stop. “

The raids are also organized by the State Forest Service and the State Forestry Corporation. Probably the largest raid took place in 2020. May 29-30, attended by 20 crews in various areas and reserves in Lithuania (Paneriai and Grioviai). During that raid, 8 ATV drivers were fined under section 282 of the ANK, and one of them will also have to pay damages for lifting the forest floor under section 2.

During 2020 another raid took place in the Kaunas district, targeting irresponsible ATV drivers. During it, cases were initiated against 5 offenders in accordance with Article 282 of the ANK. Paragraph 2.

The event in mid-November, when the valuable protected Viešvilė swamp was severely destroyed by wheels in the Tauragė district, has not yet been forgotten. A pre-trial investigation has even been launched there under article 217 of the Penal Code.

A criminal on four wheels: a psychological portrait

Without a doubt, this is a criminal adrenaline fanatic. Plan a violation in advance, prepare to avoid punishment and responsibility in advance (riding a quad with intentionally hidden numbers and face helmets in case it is impossible to identify your person after taking a photo or filming. they are often unregistered and some offenders do not have driving rights). This is a person who tends to disobey the law and the demands of officials to stop (long hunts are often required). Such a criminal often feels unpunished due to his good social and financial situation (descendant of wealthy parents). He is also a morally immature person, used to taking responsibility, for whom the desire for a temporary dose of adrenaline overshadows the observance of social norms.

Liability can and should be avoided

Above in this article, reference was made to two four-wheelers, on which the court initially imposed fines of 220 euros each and ordered a compensation of 1,650 euros. With the help of an attorney, the drivers appealed the ruling. The Court of Cassation commuted the sentence, reclassified the crimes to art. Section 1 and imposed fines of less than 60 euros each.

This was due to the lack of objective evidence of damages and errors and the lack of professionalism of the environmentalists themselves in measuring the levels of damage and other legal formalities. Even more so when the scene of the incident was driven away by logging trucks and tractors before the infraction, since there were cuts. The wooden truck also passed after the damage, destroying the evidence: the groove left by the tires of the four wheels on the deck.

Due to the fact of environmental damage, it is necessary to determine one of the following: 1) negative change of natural elements, 2) deterioration of the functions of these elements, their available properties, which are beneficial to the environment or people.

It should be noted that neither the legislation nor the jurisprudence formulate, establish and clarify what exactly “damage to forest soil” is.