If you knocked an elk, what should I do?

What if the citizen shot an elk on the road? This question interests many. After all, in Russia very often on the routes and roads are moving a variety of animals. Often they are knocked down. A certain penalty is provided for this action. Of course, there is a certain tactic of behavior. It is necessary to know exactly what to do in a collision with the elk, as well as deal with what you do not need under any pretext. What should I look for?

Not ownerless

What should I do if I shoot an elk? In general, it is necessary to understand, whether there will be any punishment for the committed act. It's one thing - to assure of the onset of responsibility, quite another - the actual application of sanctions to the driver.

Many believe that wild animals that meet on the roads are abandoned, no-man's living creatures. In fact, this is not so. In Russia, every living creature belongs to either a forest association or a hunting community. Citizen knocked the elk? What threatens him in this situation? Responsibility to the hunter of the partnership to which the animal belonged.

Even if there is no guilt

The main feature of the situation is that it does not matter, it was actually the fault of the driver in a collision or not. In any case, responsibility will have to be borne by the citizen who was driving at one time or another. But why?

The thing is that if a person has shot down an elk, then he will have to answer under Article Civil Code of the Russian Federation No. 1079. It is called "Responsibility for harm caused by activities of increased danger." And it does not matter in it, there is actually a driver's fault or not. It must compensate for all damage that has been caused to the hunting association or the forest community. This is important to understand.

Some wonder whether it is possible to somehow avoid punishment, and why the driver will cover the blame and be responsible for the shot down moose. After all, for example, the machine is also causing some damage!

Source of increased danger

The Civil Code of the Russian Federation (in the article in question) indicates the source of increased danger. A priori responsibility will lie entirely on who is the owner of the dangerous object.

The machine just refers to those. That is, a citizen who drives a car is a person who manages a source of increased danger. He must do everything to prevent damage to property. This should be remembered. For this reason, it is necessary to understand what will happen if you shoot down an elk in a car. It is necessary to immediately prepare for the fact that even if the animal itself jumped on the road so that the driver could not prevent the collision, then it would be necessary to answer exactly who was driving at the time of the accident.

Loophole in the law

In general, Article 1079 of the Civil Code of the Russian Federation provides for one small loophole that helps to avoid liability. Many are wondering whether it is possible to use it to avoid answering the law for knocking the moose out on the track. The question is controversial. Previously, it was impossible to make use of this secret. But now it's worth trying.

The thing is that you can not be afraid to incur responsibility for the committed violation, if the cause of the collision is the irresistible forces or intent of the victim. In general, it is very problematic to believe in the version of moose suicide. This is silly. But sometimes you can use the DVR. If he can record that the driver has done everything to prevent the accident, maybe the responsibility will be avoided.

In general, this loophole can be successfully applied when the driver knocks a pedestrian. But in the collision with animals in practice, it practically does not work. Therefore, we should not hope that we will avoid responsibility. It is better to understand what to prepare for, and also how to behave in the situation in question.

Monetary penalties

What threatens the downed moose? Fine! The responsibility that is imposed on the driver of the car is a cash payment. It is made in favor of the hunting association or the forest community to which the beheaded belonged.

No further responsibility for the committed "crime" is provided. There are, of course, exceptions. But about them a little later. Therefore, if someone has brought down this or that animal on the road or track to death, it is necessary to pay. How many? The exact amount is established in accordance with the law. It all depends on who was shot down.

High rates

It is already clear what is threatened by the downed moose. A fine is the responsibility that is placed on the shoulders of the driver in this situation. And it does not matter, there is his real fault or not. The fact remains that the citizen managed a source of increased danger. So, on it lies the whole responsibility.

Speaking about the size of the benefits, you can warn - the citizen will have to pay a lot. It all depends on the situation, but one downed male elk costs about 40,000 rubles. Therefore, one should not think that it will be possible to "pay off" without spending a lot.

And if the driver knocked the moose cow, the size of the fine will increase. Animals of animals are always evaluated in larger sizes. How many? This question should be clarified by the hunters of the hunting association or the forest community. In any case, the fine will be more than 40 thousand rubles. There were cases when for one shot down elk, citizens compensated for damage more than 200,000. Colossally large payments are also encountered. For example, if elk was pregnant. In this situation, it will be considered that a citizen has knocked down not just an elk, but several animals, including a female. Therefore, the minimum to which to prepare, is 40 000.

Do not die

In general, in some cases, you can not be afraid of anything. After all, if a citizen has shot down an elk, he is able to avoid any responsibility. But this kind of events are extremely rare. It is a question of when the collision did not cause the death of the animal.

Why? If the moose that rushed under the wheels of the car, able to move, from fear it will do it. In fact, there will be no responsibility on the citizen. All this is due to the fact that since the moose left on its own, it is impossible to prove the guilt of a particular person with respect to a particular animal.

What does it mean? If a citizen brought down an elk, but did not die to death, and the latter could leave the track, you can safely continue your journey further. In any case, do not be afraid of responsibility. Further actions depend on the outcome of the incident.

Left the road

How to behave correctly if the downed elk left the road? It has already been said - you can leave. True, this is only in a situation where the car is not damaged too much and is able to move forward. If we are talking about the fact that the vehicle can not go further, it will be necessary to somehow find a way out of the situation.

What can be done? The citizen has the full right to call the tow truck and get to the nearest car service center in the village. The option is good, but I'll have to explain what's wrong. So, there is a risk of imposing a fine on the driver.

Therefore, many choose a different way - call friends. They can take the car to the nearest car-care center. Then no one will know that on the track in general there was a collision with moose. There is nothing illegal in this action. Therefore, one should not be afraid for the consequences. But we must remember: the measures studied are possible only if the beheaded animal left the road to the forest independently.

Serious injuries, but no death

What threatens the downed moose? Penalty in any amount. But it can be avoided if the animal itself is removed from the road after the accident. Sometimes it happens that the injuries received by the elk do not entail his death, but he can not leave the track either. How to be in this case?

Many people prefer to leave the scene. You can not do this. A citizen must necessarily contact the hunter of the partnership to which the animal belongs. Next, you will have to wait until the called "caretaker" arrives at the scene. The event will be recorded.

It is difficult to foresee further actions. Someone is asked to help the animal in exchange for the absence of a complaint about causing damage, some immediately call DPS employees to recover from the driver a fine. Therefore, you should be ready for anything. Most often, the first option takes place. The main thing is for the animal to survive. But the second is not excluded.

If death came

The most common option is the situation in which a shot down elk dies on the spot. Of course, you can not leave the scene. What then? How to proceed?

According to the law, the citizen must first call traffic policemen on the track. They come and record the fact of the collision and death of the moose. Then comes the finding out which partnership the animal belonged to. The place of the incident is caused by the huntsman of the owner community. He also records the fact of death in view of a collision with the car. Next, the damage is assessed.

If you shoot an elk, what kind of a penalty is it? When it comes only to the male, it will be necessary, as already said, to pay 40,000 rubles. In the rest everything is purely individual. The huntsman calls the amount of the fine, the traffic police officers issue a payment to the driver. Now you can call the tow truck and get to the nearest village. Do not forget about paying a fine! Sometimes payment can be made by bank card immediately on the scene.

It is this algorithm of action that will be correct. In no case can not leave the place of "crime." Dragging an animal off the road to hide the fact that a man knocked an elk, too, can not. Thus you can bring on a big trouble.

Poaching

How exactly? A citizen who has decided to hide the traces of the violation can be accused of poaching. After all, if you think about it, it's easy to find out by fingerprints whoever touched the dead moose. That's why it's better to act according to conscience and law. Not one punishment, so another.

In no case can not take away with a shot down moose. Indeed, in this situation it will be a direct indication of poaching. Even an injured animal is not recommended to be placed in a vehicle. And it does not matter whether the driver is waiting for the moose's death or is in a hurry to help him. It is necessary in any case to call the huntsman and wait until he arrives at the scene.

If the citizen decided to take the body with him, you can prepare in advance for a more serious punishment. Which one? The person will be judged according to the Criminal Code of the Russian Federation, under Article 258. She is fined. But in comparison with Article 1079 of the Civil Code of the Russian Federation, the punishment is really serious. You will have to pay 200 000 rubles.

On this possible sanctions do not end. Poaching is a serious crime. Therefore, you should not think that a person who brought down an elk and took it with him (or tried to do so), will manage to get rid of cash payments. Often, it is not fine, but imprisonment, that is assigned for poaching. At the moment, you can sit in jail for 2 years at most.

Conclusion

This is a serious punishment. It is for this reason that many people think about tactics of behavior when knocking down any animal. That there were no problems, it is required:

1. Stop and call DPS staff.
2. Call the gamekeeper of the community to which the animal belongs (in this case, the moose).
3. To fix death and violation.
4. Receive a receipt for payment of a fine.
5. Pay the payment document.

Only such an algorithm of actions can be called legitimate. It will help to avoid imprisonment or too high payments. In general, it is worthwhile to follow the signs on the roads. And on the tracks to be vigilant. What does the shot down moose require as punishment from the driver? Fine. The punishment and responsibility that can be imposed on a citizen is no longer a mystery. And it is according to the above principle that you should act if the driver hits any animal on the road.