An employee of an enterprise engaged in logging before cutting down a logging area studied satellite images of the site of the upcoming logging. His subordinates went out to the area and reported on the possibility of exporting harvested wood along the existing forest road.
The logging was carried out by an entrepreneur contractor, who also inspected the logging area and the forest road, reported that individual plantings could interfere with the passage of equipment, and also that the road for the export of timber needed to be strengthened.
After the work on strengthening the road surface – the construction of a lezhnevka, the district forestry department carried out a visit to the place of work on harvesting wood. Forest damage has been revealed, including in the form of alleged logging of young animals and undergrowth. A criminal case has been opened against an employee of a logging company under Part 1 of Article 260 of the Criminal Code of the Russian Federation. During the investigation, the defense side attached expert opinions indicating the existence of the road since 2012, confrontations were conducted in the case, and forest management materials were attached.
During the consideration of the criminal case in court, the defense proved that the materials of the forest management of the young or undergrowth indicated by the contractor are missing, the number of felled young and undergrowth, its area and cubic capacity have not been established, and the question of incorrect damage calculation has also been raised. In addition, from a procedural point of view, the case could not be considered by the court due to significant procedural violations.
The court decided to return the case to the prosecutor, the prosecutor's office returned the case for investigation, the investigating authorities terminated the criminal case, and the employee of the logging company was granted the right to rehabilitation.