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10.12.2018

Metal detector law. How not to violate?

You have decided to buy a metal detector. Great, instrument search is a hobby that gives a lot of positive emotions. It remains to clarify the last question: "What are the legal restrictions on the search for treasures with a metal detector?"


Scary headlines in the media that have delayed the diggers somewhere can put off the idea of ​​buying a detector. But let's figure out how not to break the law by digging with a metal detector.

Treasure hunting laws

In Russia, the activities of diggers are regulated by Law No. 245-FZ of 23.07.2013 “On Amendments to Certain Legislative Acts of the Russian Federation in terms of suppressing illegal activities in the field of archeology ". The new law appeared on the basis of Law No. 4804-1 of April 15, 1993 "On the Export and Import of Cultural Property". Let us first consider the precise definitions of concepts given in the new law.


Cultural layer - a layer that bears traces of human activity over 100 years old, including archaeological artifacts.


Archaeological items are movable things, the main or one of the main sources of information about which, regardless of the circumstances of their discovery, are archaeological excavations or finds, including items discovered as a result of such excavations or finds.


Special technical means - means for detecting archaeological objects (metal detectors, radars, magnetic devices).

The essence of the treasure hunting law

We will not cite the text of the law word for word; many points do not relate to the activities of the diggers. They establish requirements for builders, archaeologists in relation to cultural and historical monuments.


Here are just those innovations that are important to us:

All archeological items taken from the land belong to the state.


The law reveals in more detail the meaning of "Archaeological sites". This word means: fortifications, barrows, earthen burial grounds, ancient burials, settlements, parking lots, stone statues, steles, rock carvings, remains of ancient fortifications, industries, canals, ships, roads, places of ancient religious rituals, classified as objects of archaeological heritage cultural layers.


Added to the law article 242.2 (Illegal search and removal of archaeological objects from the places of occurrence). The article criminalizes searches at archaeological sites. In summary, punishments can be shown using the table:


Article 8 of this law prohibits the alienation of archaeological objects (except for cases of transfer to the state). For violation, a fine of up to 5,000 rubles is threatened.

Clarification of the law

As you can see, the law has toughened the punishment for illegal research and turnover of objects.

It is clear from the text of the law that archeological objects are determined to be 100 years old. Already this moment allows you to search for objects in places where people have lived only the last century. The law does not prohibit the use, purchase, sale of metal detectors and does not require a special license. The ban on use is established only in relation to archaeological monuments.

Can you search for military relics with a metal detector?

You can search in places with traces of the Second World War. It is not forbidden to look for money, tokens, buttons, household items, etc., related to this period. But remember that the storage of explosive objects and weapons is regulated by Article 222 of the Criminal Code of the Russian Federation, according to which "illegal acquisition, transfer, sale, storage, transportation or carrying of firearms, their main parts, ammunition, ..., explosives or explosive devices" threatens with imprisonment for 4 years. In case of accidental detection of the "echo of war", it is necessary to immediately report to the appropriate authorities indicating the exact coordinates.

Can you search with a metal detector on the beach?

You can also search on beaches, but only on municipal ones. On private beaches, permission from the owner must be obtained, preferably in writing.

If you are not sure whether this beach belongs to a state or a private person, then it is better to ask someone from the local.


So, we found out that searching in places other than archaeological sites is allowed.

Can you search for items over 100 years old with a metal detector?

Once again, we draw your attention to the fact that the removal of objects older than 100 years from the ground is prohibited, but the law does not provide an explanation for the following paradoxes. Why are the “losses” of an ordinary peasant and the adornments of a Scythian warrior equated to the same concept of “archeological objects”?

According to the law, agricultural machinery plowing fields violates the cultural layer if there are objects over 100 years old in it?

In fact, the law did not change the problem of devastating archaeological sites, but only embarrassed law-abiding citizens. It is almost impossible to prove involvement in the destruction of the cultural layer, unless it is caught on the spot.

If a police officer approaches you while detecting, then explain that you have lost your car keys or are digging for scrap metal.

And if you are still worried that it is dangerous to search on a 19th century farm, then we suggest you the following actions. Having found another imperial coin, bring it to the nearest museum of local lore and report that you accidentally found a Nikolaev kopeck on the site of the old village.
Give the exact coordinates and watch how "quickly" archaeologists leave for the site to fix a valuable find for history and conduct archaeological excavations. But seriously, you yourself understand how they will look at you ...

Conclusion

Let's try to summarize and answer the question of how not to break the law with a metal detector:

  • Do not dig at archeological sites.
  • Do not take found weapons and explosive objects home.
  • Try to look away from roads.
  • Do not search on private property without the owner's permission.
  • Don't leave behind a "lunar landscape".

By observing these rules, in 99.9% of cases you will protect yourself from problems with the law.

Section 243

  1. Destruction or damage to objects cultural heritage(historical and cultural monuments) of the peoples of the Russian Federation included in a single State Register cultural heritage objects (historical and cultural monuments) of the peoples of the Russian Federation, identified cultural heritage objects, natural complexes, objects taken under state protection, or cultural values ​​- shall be punished with a fine of up to three million rubles or in the amount of the wages or other income of the convicted person for a period of up to three years, or compulsory labor for up to four hundred hours, or compulsory labor for up to three years, or imprisonment for the same period.
  2. Acts provided for in part one of this article, committed in relation to especially valuable objects of cultural heritage of the peoples of the Russian Federation, objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation included in the List world heritage, historical and cultural reserves or museum-reserves, or in relation to objects of archaeological heritage included in the unified state register of objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation, or identified objects of archaeological heritage, - shall be punished with a fine of up to five million rubles, or in the amount of the salary or other income of the convicted person for a period of up to five years, or compulsory labor for a term of up to four hundred and eighty hours, or compulsory labor for a term of up to five years, or imprisonment for a term of up to six years.
A comment:
Article 243 implies the destruction or damage to cultural heritage sites. Everything is clear here without comment, do not search on archaeological sites and do not destroy objects of cultural heritage. The law clearly states "Destruction or damage of cultural heritage objects (historical and cultural monuments) ... taken under state protection."

Before taking the shovel with your hands, find out if the site of the proposed search is an archaeological site. If your intent was aimed at destroying or damaging objects of cultural heritage, etc., then you will be responsible under this article, up to and including imprisonment.

Article 243.1
Violation of the requirements for the preservation or use of cultural heritage objects (historical and cultural monuments) of the peoples of the Russian Federation included in the unified state register of cultural heritage objects (historical and cultural monuments) of the peoples of the Russian Federation, or identified objects of cultural heritage, resulting in their negligent destruction or damage to large amount, - shall be punishable by a fine in the amount of up to one million rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to two years, or compulsory labor for a term of up to three hundred and sixty hours, or compulsory labor for a term of up to two years, or imprisonment for the same term.

Note
Damage to objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation included in the unified state register of objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation, identified objects of cultural heritage on a large scale in this article is considered to cause harm, the cost of restoration work for elimination of which exceeds five hundred thousand rubles, and in relation to objects of archaeological heritage - the cost of measures required in accordance with the legislation of the Russian Federation to preserve the object of archaeological heritage, in excess of five hundred thousand rubles. ";

A comment:
Article 243.1 refers to the violation of the requirements for the preservation or use of cultural heritage objects…. This article applies to owners of cultural heritage sites, museum workers, archaeologists who store or use cultural heritage sites.

Article 243.2
Illegal search and (or) removal of archaeological objects from the places of occurrence.

  1. Search and (or) removal of archaeological objects from places of occurrence on the surface of the earth, in the ground or under water, carried out without permission (open sheet), entailing damage or destruction of the cultural layer, - shall be punishable by a fine in the amount of up to five hundred thousand rubles or in the amount of wages or any other income of the convicted person for a period of up to eighteen months, or correctional labor for up to one year, or imprisonment for up to two years.
  2. The same acts committed within the territory of a cultural heritage object included in the unified state register of cultural heritage objects (historical and cultural monuments) of the peoples of the Russian Federation, or an identified cultural heritage object, are punishable by a fine of up to seven hundred thousand rubles or in the amount of wages or any other income of the convicted person for a period of up to two years or imprisonment for a term of up to four years.
  3. The same acts committed:
    • a) using special technical means (metal detectors) of search and (or) earth-moving machines;
    • b) by a person using his official position;
    • c) by a group of persons by prior conspiracy, or organized group, -
      shall be punishable by a fine in the amount of up to one million rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to five years, or by deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years, or by forced labor for a term of up to five years, or by deprivation freedom for up to six years.

Notes (edit)

  1. For the purposes of this article, a cultural layer means a layer in the ground or under water containing traces of human existence, the time of occurrence of which exceeds one hundred years, including archaeological objects.
  2. Special technical means of search in this article means metal detectors, radars, magnetic devices and other technical means that allow to determine the presence of archaeological objects in the place of occurrence. ";

A comment:
Rather, there are more questions than answers. The most important article 243.2, which says about “Search and (or) seizure archaeological items….entailing damage or destruction of the cultural layer ”.

Here the question immediately arises: What if we are looking for non-archaeological items? There is note 1 to the article, which defines what constitutes a cultural layer. Cultural layer - a layer in the ground or under water containing traces of human existence, the time of occurrence of which exceeds 100 years, including archaeological objects.

If we search and seize items in a meadow or arable land that is not a registered or identified archaeological site, and are looking for and (or) seizing only items that are less than 100 years old, then logically, we do not violate the law, since we do not violate the cultural layer by removing items not related to the cultural layer. There is no corpus delicti of an administrative offense or a crime in our actions.

Arable land and places that have been plowed up: is it possible to search and (or) remove items from this layer? After all, these territories were repeatedly destroyed by agricultural machinery, and the cultural layer was completely destroyed here? The use of a metal detector in such places can rather be regarded not as a crime, but as rescue work.

Where there are no archaeological sites or identified objects, it is not prohibited to search for and remove items from the ground, which are less than 100, logically. But before drawing conclusions, we need to wait for official comments from the Ministry of Justice, which should be published after the law came into force on August 25, 2013. We sent a letter to the Ministry of Justice. The text of the letter will be posted on the website of the treasure hunters club www.clubklad.ru

Article 243.3
Evasion of the executor of earthwork, construction, reclamation, economic or other work or archaeological field work carried out on the basis of a permit (open sheet) from the obligatory transfer to the state of items of special cultural value or cultural values ​​discovered during such work on a large scale

  1. Evasion of the performer of excavation, construction, reclamation, economic or other work or archaeological field work carried out on the basis of a permit (open sheet) from the obligatory transfer to the state in accordance with the legislation of the Russian Federation of objects of special cultural value or cultural found during such work large amounts of valuables - shall be punishable by a fine in the amount of up to five hundred thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to two years, or by deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years, or by imprisonment for a term of up to three years.
  2. The same acts committed:
    • a) by an official using his official position;
    • b) by a group of persons by prior conspiracy or by an organized group, -
      shall be punishable by a fine in an amount of up to 800 thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three years, or by deprivation of the right to hold certain positions or to engage in certain activities for a term of up to five years, or by imprisonment for a term of up to six years, with a fine of in the amount of up to two hundred thousand rubles or in the amount of the salary or other income of the convicted person for a period of up to six months, or without it and with or without restriction of liberty for a period of up to one and a half years.
Note
The large size of cultural property in this article recognizes their value in excess of one hundred thousand rubles.

So, relatively recently, namely on July 23, 2013, amendments to certain legislative acts of the Russian Federation came into force in terms of suppressing illegal activities in the field of archeology. To all treasure hunters, these amendments are better known as the "law on the use of metal detectors" or Federal Law of 23/07/2013 No. 245-FZ.

Three years have passed, and until now, many treasure seekers are asking themselves the question, what restrictions does this legislative act impose on their activities? Where can you dig now or at all? What is the responsibility and how not to cross the line? Have there been any changes in subsequent years (2014-2016)? Let's try to sort it out together with these and other questions.

Can I search for artifacts?

Today, in Russia, our hobby - treasure hunting is regulated / evaluated / punished (underline the necessary) from the point of view of Article 243-2 of the Criminal Code of the Russian Federation "Illegal search and (or) withdrawal of archaeological objects from the places of occurrence".

According to this article, only people who have a special permit (open sheet) to carry out such work can search and dig:

« Search and (or) removal of archaeological objects from places of occurrence on the surface of the earth, in the ground or under water, carried out without permission (open sheet) resulting in damage or destruction of the cultural layer, is punished ...».

Therefore, according to the law, it turns out that you can dig, but you need permission and you cannot damage the cultural layer. What is a cultural layer? The definition of the cultural layer offers us all the same Federal Law No. 245-FZ:

« For the purposes of this article, under cultural layer means a layer in the ground or under water containing traces of human existence, the time of occurrence of which exceeds one hundred years, including archaeological objects.»

The example is simple. You went out into the open field with a metal detector for a walk. In this field, there were no villages, no villages, no other objects were born. Let's say there was always arable land there. You go to yourself, ring the device, signal. Digging, a gear from a pre-revolutionary tractor, 101 years old. That's it, you have damaged the cultural layer, which "formed" suddenly around the place of occurrence of the rusty gear, you have violated the law and for this you are entitled to:

« ... shall be punished with a fine in the amount of up to 500 thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to eighteen months, or correctional labor for a term of up to one year, or imprisonment for a term of up to two years.»

No, though! You are a malicious intruder, you went to dig with a metal detector. And this is a slightly different point:

« 3. The same acts committed:
a) using special technical means of search and / or earth-moving machinery; ...
... are punished with a fine in the amount of up to one million rubles or in the amount of the wage or salary or any other income of the convicted person for a period of up to five years, or by deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years, or forced labor for a term of up to five years, or imprisonment for up to six years.»

And for completeness of understanding, let's consider what is meant by special technical search tools:

« Under special technical search tools This article refers to metal detectors, radars, magnetic devices and other technical means that allow to determine the presence of archaeological objects in the place of occurrence.»

Those. and metal detectors, and, and depth detectors, etc. all of this is a special search tool, which means it only aggravates your guilt.

The bottom line is that you can only dig where there are finds no more than 100 years old. Found a rotten half, no matter where. On the beach, in the field, in the forest, anywhere. You are a criminal! Found with a metal detector, a double criminal.

Archaeological heritage site

In addition, Federal Law No. 245-FZ implies amendments to the Federal Law of June 25, 2002 No. 73-FZ "On objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation" and introduces such a definition as an object of archaeological heritage:

« Under archaeological site means partially or completely hidden in the ground or under water traces of human existence in past eras (including all archaeological objects and cultural layers associated with such traces), the main or one of the main sources of information about which are archaeological excavations or finds. Objects of archaeological heritage are, among others, fortifications, barrows, earthen burial grounds, ancient burials, settlements, parking lots, stone statues, steles, rock carvings, remains of ancient fortifications, industries, canals, ships, roads, places of ancient religious rites, classified as objects archaeological heritage cultural layers. »

And again, we are faced with the fact that, in fact, Russia is one huge object of archaeological heritage. Where a man passed a hundred years ago, where he dropped a button, there a cultural layer grew.

Circulation of archaeological items

A new article 7.15-1 appears in the Code of Administrative Offenses of the Russian Federation. "Trafficking in archaeological items", which reads:

« Making deals with archaeological items in violation of the requirements established by the legislation of the Russian Federation, is punished ...»

In turn, " Under archaeological items movable things are understood, the main or one of the main sources of information about which, regardless of the circumstances of their discovery, are archaeological excavations or finds, including items discovered as a result of such excavations or finds.»

So, friends, treasure hunters, who read books about pirates in childhood, now you are all potential criminals, gentlemen of fortune. In fact, not only can we not only search and dig, but even collect. No, of course, you can collect something, but according to the established rules.

Smirnova Irina Vasilievna 21378

At the end of last year, a law was passed that toughened the requirements for the use of metal detectors. According to the assurances of experts, this was a forced measure, since with the advent of inexpensive devices on the market, the search for treasures with the destruction of cultural layers and archaeological objects acquired the scale of a spontaneous action. What have the legislators come up with and how do they intend to deal with "black" archeology?

Prices in online stores:
I take 42 660 RUB
I take 17,700 RUB
I take 12 250 RUB

Letter of the law

The law on metal detectors in 2014 is popularly called Federal Law No. 245-FZ, or rather the amendments that were made to it. A complete list of them can be found on the website of Rossiyskaya Gazeta. Strictly speaking, the law does not prohibit searching with a metal detector, it simply toughens the responsibility for the illegal seizure of archaeological values.

In other words, you can safely buy a device and use it in order to get rusty nails and pieces of iron from the ground in your garden. But it is strictly forbidden to touch the cultural layer and look for grandmother's treasure at leisure. Such amendments have caused a wave of protest among the search teams, for which the search with a metal detector is one of the main methods of finding old graves. But the lawmakers assure that the tougher punishment awaits only illegal diggers operating outside the legal field.

†‹

Prices in online stores:
I take 5 950 RUB
White "s Treasure Pro ground metal detector I take 28 400 RUB

Hobimd RU 45 900 RUB

The opinion of lawyers

Independent experts see no harm in the new bill. In the amendments, they did not see a ban on instrument search, but only talk about the use of metal detectors for a specific purpose - reconnaissance and removal of archaeological items. It will not be easy to prove this; a whole range of special events and examinations will be required. In short, to bring you to justice will require serious confirmation that you were not walking in the field with a metal detector in your hands for the sake of idle curiosity.

The main argument of those who opposed the amendments is the assertion of hidden benefits for the black market. It is believed that illegal collectible merchants will now be able to make money on the amendments. After all, they now have an official reason for gouging prices.

†‹

For the most part, lawyers consider the "law on metal detectors 2014" crude and in need of serious revision.

Punishment is inevitable

What threatens those who do not intend to give up and will continue to search with a metal detector in 2014?

1. For damage or destruction of objects that are recognized as monuments of culture and history of Russia, you will have to go to prison for 5 years or pay a fine of up to 5 million rubles.

2. For the search and extraction of valuable items with damage or complete destruction of the cultural layer, a fine of 1 million rubles or imprisonment for 6 years is provided.

3. For conducting illegal archaeological prospecting and excavation using instruments will be fined 300 thousand and will take away everything that was dug up. And the metal detector, by the way, is also confiscated.

In general, the main thing is not to get caught at the crime scene (just kidding). And the term "archaeological objects" inspires mistrust. After all, it is for them that the punishment is provided. That is, lawyers need to prove that you had an intent to search for these very archaeological objects, and not something else.

In general, this law on metal detectors in 2014 is dense and unclear. And a bill on licensing of search devices is also on the way, so it is not known what awaits us in the near future.

Prices in online stores:

Searching for coins with a metal detector is an exciting hobby available to many residents of our country. This hobby is not like fishing, tourism or hunting. As a result of the search, you will receive old coins or various antiques, which will tell you about the history of the place where you found the item and simply replenish the collection of the search engine.

Objects in the ground appear for various reasons: these are lost coins and things of people who passed through the fields or forests, plowed-up remains of treasures or mortgage coins come across in the plowed fields.

Since ancient times, in view of the fact that there was no banking system in Russia, regular wars, riots and unrest, people buried their savings in the ground. As a rule, coins were hidden in pots not far from the settlements, so treasures appeared, which later, during agricultural work, were scattered across the fields due to the plowing of fields.


You can just take a metal detector and go out into an open field or the edge of the forest and look there, the likelihood that you can find something is high.


The best way to approach this business is professional. To do this, swipe research work, work with old maps and determine the place where any settlement was possible. Arriving at the place, study the landscape of the area, examine the lonely standing trees, look at possible landmarks and think about where you would bury the treasure.


The coin search locations are as follows:

  • plowed and abandoned fields;
  • forest edges near settlements;
  • old and abandoned paths and roads;
  • banks of streams and rivers near settlements;
  • outskirts of settlements;
  • if you agree with local population then look in plots and gardens.

Do not dig on the territory of abandoned churches, graveyards, burial mounds and archeological monuments, it is simply not good to become a black digger and grave robber, and there may be problems with the law about this below.

What equipment is needed to search for coins

The main equipment for searching is: a metal detector and a shovel. If you do not buy an expensive device, take the simplest models for example the popular Garrett Ace 150 and a shovel that is strong and comfortable.


In the future, purchase a pinpointer, the pinpointer will facilitate and speed up the search.

Possible finds

On the territory of the Russian Federation, numerous coins from different eras come across, sometimes even Roman denarii are found. Frequent finds are copper half-shells from the time of Catherine and Soviet coins. Unfortunately, their condition is deplorable and they call them kakaliki.


There is an opportunity to find a treasure of copper, gold or silver coins, but only a few are lucky.

Arrowheads, household items of the ancient peoples of Russia are often found.

Items of the Great Patriotic War ammunition, cartridge cases, weapons, be careful with such items, as there is a possibility of being blown up or going to jail for illegal possession of weapons.

Be aware that the most common and most frequent finds of the search engine are nails, corks and kakaliks.


Sometimes on the territory of the Russian Federation you can find the body of a soldier who died during the Second World War, what to do in this situation is unclear and everyone decides for himself.

We would advise you to report this to law enforcement agencies and search organizations in order to establish the identity of the soldier, reburial him and possibly find relatives and inform them. But in this situation, you will have to explain to the law enforcement agencies, you may receive a fine.

The legality of a cop in 2019

In the last couple of years, millions of lovers of antiquity and history who are engaged in a rather interesting hobby, namely, searching with a metal detector or just a cop in the jargon, have a problem in the form of an article of the administrative code numbered 7.15 (Conducting archaeological field work without permission), which should be enough severe punishment. Under this article, many diggers have already been brought to administrative responsibility, and are still being prosecuted.


So let's take a look at what this article says (without the officials):

Administrative Code of the Russian Federation Article 7.15. Archaeological fieldwork without permission

  1. without a permission (open sheet) obtained in the prescribed manner, if these actions do not contain a criminal offense, or in violation of the conditions provided for by the permission (open sheet), - shall entail the imposition of an administrative fine on citizens in the amount of from one thousand five hundred to two thousand five hundred rubles with the confiscation of items obtained as a result of archaeological field work, as well as tools and equipment used for archaeological field work;
  2. The actions provided for in Part 1 of this Article, which, by negligence, entailed damage or destruction of an archaeological heritage site, an identified archaeological heritage site, - shall entail the imposition of an administrative fine on citizens in the amount of fifteen thousand to three hundred thousand rubles with confiscation of items obtained as a result of archaeological field work, as well as tools and equipment used for archaeological field work;
  3. The actions provided for in part 1 of this article, committed with the use of special technical means of search and (or) earth-moving machines, -
    shall entail the imposition of an administrative fine on citizens in the amount of two thousand to two thousand five hundred rubles with confiscation of items obtained as a result of archaeological field work, as well as tools and equipment used for archaeological field work, and special technical means of search and (or) earth-moving machines ;

Note. Special technical means of search in this article are understood as metal detectors, radars, magnetic devices and other technical means that make it possible to determine the presence of archaeological objects in the place of occurrence.

It follows from the article that if you were detained in the field for using a metal detector and without permission (open sheet), then you face a fine of 2,000 - 2,500 thousand rubles. and the confiscation of a metal detector and archaeological items.

So, if police officers or other responsible officials approached you and want to bring you under Article 7.15, then they must present the following evidence to the court:

Prove the fact of archaeological work - evidence may be as follows:

  • antiquities found in your pockets as a result of inspection with traces of removal from the ground,
  • the presence of a shovel and a metal detector and that your actions correspond to the term archaeological work.
  • video filming.

The term archaeological work in article 45.1 of the Federal Law of the Federal Law of June 25, 2002 N 73-FZ (as amended on July 29, 2017) "On objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation" sounds like this:
Archaeological fieldwork is work on the identification and study of objects of the archaeological heritage, including work aimed at finding and removing archaeological items.

Based on what has been written, if officials who are trying to attract you under article 7.15 of the Administrative Code of the Russian Federation cannot prove that you conducted archaeological field work, then your actions are absolutely legal, and you can look for any objects (keys, rings, bolts, nuts and other metal items) using a metal detector.

Article 243.2 of the Criminal Code of the Russian Federation

Article 243.2. Illegal search and (or) removal of archaeological objects from the places of occurrence

  1. Search and (or) removal of archaeological objects from places of occurrence on the surface of the earth, in the ground or under water, carried out without permission (open sheet), entailing damage or destruction of the cultural layer, -
    shall be punishable by a fine in an amount of up to 500 thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to eighteen months, or correctional labor for a term of up to one year, or imprisonment for a term of up to two years.
  2. The same acts committed within the territory of a cultural heritage object included in the unified state register of cultural heritage objects (historical and cultural monuments) of the peoples of the Russian Federation, or an identified cultural heritage object -
    shall be punishable by a fine in the amount of up to seven hundred thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to two years, or imprisonment for a term of up to four years.
  3. The same acts committed:
    a) using special technical means of search and (or) earth-moving machines;
    b) by a person using his official position;
    c) by a group of persons by prior conspiracy or by an organized group, -
    shall be punishable by a fine in the amount of up to one million rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to five years, or by deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years, or by forced labor for a term of up to five years, or by deprivation freedom for up to six years.

Notes:

  1. For the purposes of this article, a cultural layer means a layer in the ground or under water containing traces of human existence, the time of occurrence of which exceeds one hundred years, including archaeological objects.
  2. Special technical means of search in this article are understood as metal detectors, radars, magnetic devices and other technical means that make it possible to determine the presence of archaeological objects in the place of occurrence.

Where the line between administrative and criminal punishment is not clear, they tried to ask the state authorities to clarify, unfortunately they did not receive anything in response, we will try further, but it is clear that if they were detained during excavations at cultural heritage sites, then it will most likely be Article 243.2 of the Criminal Code of the Russian Federation.


You can legally dig, but you can't search for archaeological objects, so in order to legally dig, we do the following:

  • We are not looking for antiques, but we are looking for lost car keys, gold rings, wife's earrings, scrap metal and other things;
  • If you accidentally find some kind of antiquity, do not put it in your pocket and do not touch it, but bury it back;
  • In order to avoid confiscation of a metal detector, a shovel and other technical means, we rent technical means and carry a lease agreement with us;
  • Do not dig or approach objects of cultural heritage with a metal detector and a shovel;
  • Do not post your findings on social networks, perhaps you should not join thematic groups under your real account, all this can be used against you in court;
  • If a protocol is drawn up on you, then we write in it that we were not engaged in archaeological work, they were looking for a ring, an earring, a bracelet, etc. they wanted to hand them over to the police for transfer to the state, search for the owner and determine their value, but it is better not to be found;
  • We teach ourselves and explain our rights to police officers, only in a cultural way;
  • We look at what we write in the protocol and read everything carefully before signing it.
  • Regarding the beaches, as many say that there is no cultural layer, if the beach is official, then there will be no problems, but official beaches are possible only in Krasnodar Territory and Crimea, and then it is necessary to check the documents, basically all the beaches are wild and can be located on the territory of cultural heritage sites, for example, the bank of the Oka River, or wild beach next to the Dmitry Donskoy ferry in about the same places, and therefore you can easily get under 243.2 of the Criminal Code of the Russian Federation even on the beach.
  • We remember that we do not have case law, so if all court decisions are positive, then it is yours that can be negative, and vice versa.

At the same time, we remember that if they want to inspect you, the following procedure must be followed:

  • Inspection of things that are at natural person (hand luggage, luggage, hunting and fishing tools, obtained products and other items), is carried out by authorized officials in the presence of two attesting witnesses or with the use of video recording.
  • Personal search is carried out by a person of the same sex with the person being searched in the presence of two attesting witnesses of the same sex.
  • In exceptional cases, if there are sufficient grounds to believe that a natural person has a weapon or other items used as a weapon, a personal search, an inspection of things held by a natural person may be carried out without attesting witnesses.
  • A protocol is drawn up on personal search, examination of things in the possession of an individual, or a corresponding entry is made in the protocol of delivery or in the protocol of administrative detention.
  • In the protocol on personal search, inspection of things held by an individual, the date and place of its preparation, position, surname and initials of the person who drew up the protocol, information about the individual subjected to the personal search, about the type, quantity, and other identification signs of things are indicated. , including about the type, make, model, caliber, series, number, about other identifying signs of the weapon, about the type and amount of ammunition, about the type and details of documents found during the inspection held by an individual.
  • In the protocol on personal search, inspection of things held by an individual, an entry is made on the use of photography and filming, other established methods of fixing material evidence. Materials obtained during the implementation of a personal search, inspection of things held by an individual, using photographs and filming, other established methods of fixing material evidence, are attached to the corresponding protocol.
  • The protocol on personal search, inspection of things held by an individual is signed by the official who drew it up, by the person in respect of whom the proceedings are being conducted in the case of an administrative offense, or by the owner of things subjected to inspection, by attesting witnesses in the event of their participation. If the person in respect of whom the proceedings are being conducted, the owner of the things subjected to inspection, refuses to sign the protocol, a corresponding entry shall be made in it. A copy of the protocol on personal search, inspection of things held by an individual, is handed over to the owner of things that have been subjected to inspection, at his request.
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