Illegal extortions canceled
🗓 2006-04-03
Last summer, six Moscow tourists in two cars came to the Meshchersky National Park (Ryazan region). The tourists planned to train before going to Karelia and take a walk around the nearby lakes. We stopped on the shore of Lake Beloye. We set up tents; For cooking, they used liquefied gas cylinders and water they brought with them. Early the next morning (Sunday) they were woken up by P’s employees and demanded to pay environmental fees for being in this territory. But it was not possible to get a clear answer to the question of what services fees are charged...
Ecologist Yushkin said that if there was something for it, they would have taken more. After wrangling, the tourists had to pay 400 rubles, and in return they received a ticket stub 000305. The tourists were not given a cash receipt. Their mood was ruined by the early rise and illegal extortions.
Returning to Moscow, the leader of the group, Igor Trusov, contacted the editorial office of the Volny Vet newspaper. (By the way, this oldest Russian tourist newspaper celebrated its 15th anniversary in April). The editors sent the tourists' complaint to the prosecutor's office. Soon a response was received from the Ryazan environmental interdistrict prosecutor and adviser to justice O. Penzin. He reported that the prosecutor's office checked the actions of employees of P "Meshchersky". It turned out that the collection of fees is carried out on the basis of the director’s order P 65 dated February 8, 2004.
In particular, this order established a fee for entry into a recreation area, for accommodation in a forest area, and when passing a water route. The prosecutor's office established that this order was issued in violation of Art. 21 Forest Code of the Russian Federation, Art. 20 and 27 of the Water Code of the Russian Federation, providing for the right of citizens to freely stay in forests (in forests not included in the forest fund), near public water bodies (except for cases expressly provided for by law). The prosecutor's office protested this order, and it was canceled. Thus, the actions of P’s employees who took payment from tourists were illegal and unfounded.
Editorial lawyer Natalya Guzeeva, on behalf of Igor Trusov, prepared a claim against P for compensation for material damage (400 rubles) and compensation for moral damage, which I. Trusov estimated at 5,000 rubles.
At a meeting in the Klepikovsky District Court of the Ryazan Region on April 14, 2005, representatives of P did not recognize the claim. According to them, the money was taken for services provided to tourists (instructions, use of an equipped bivouac, etc.), as well as for being in the water protection zone of the lake without proper permission. However, according to tourists, P’s employees did not provide them with any services; only a table was made of logs in the parking lot; there were no toilets, no garbage disposal, nothing else there. As well as signs stating that this is paid parking. No one conducted any training (in fact, it is not a service, but an official duty of P’s employees). For violation of the regime of the water protection zone, violators should be brought to administrative responsibility by drawing up a protocol in accordance with the Code of Administrative Offenses of the Russian Federation.
Moreover, a fine on the spot in cash can be charged no more than 100 rubles. The trial was postponed; during the May holidays, the editors of Free Wind asked the famous cyclist Ilya Gurevich to visit the scene of the incident, which he did and filmed the place. The photographs confirmed the words of the victims about the absence of any amenities at the “equipped bivouac.”
At the next meeting on May 14, representative P, who apparently realized within a month that he was wrong, suggested that the victim conclude a settlement agreement. According to its terms, the plaintiff is compensated for material damage (400 rubles) and legal expenses amounting to about 1,700 rubles. At the same time, the plaintiff waives his claims for compensation for moral damage. After consultation with the editor’s lawyer, I. Trusov agreed to these conditions. P’s employees promised in the future to take money only for specific services and to equip parking lots properly.
Hence the conclusion: do not be afraid to go to court and defend your rights!
Sergey Mindelevich