Illegal logging (illegal timber extraction) is one of the most common and strictly punished environmental crimes in Georgia. Georgia's forests are a national treasure, and their protection is a state priority. Illegal logging implies timber extraction without a proper permit, without marking, or in prohibited areas (protected areas, State Forest Fund). Legislation distinguishes between an administrative offense and a criminal crime, depending on the amount of damage caused to the environment. Citizens often become subjects of liability both for cutting firewood for personal use and for commercial timber harvesting. The purpose of this service is to provide qualified legal assistance to individuals and companies accused of illegal timber extraction, transportation, or processing.
What the Illegal Logging Service Covers
This service covers a wide range of legal protection, starting from appealing administrative fines to complex criminal cases. Lawyers' services include:
- Defense in Criminal Cases: Defense against charges under Article 303 of the Criminal Code of Georgia (Illegal felling of trees and bushes), which implies causing significant damage or repeated commission of the crime.
- Administrative Proceedings: Appealing protocols issued by the Department of Environmental Supervision in court to cancel or reduce the fine.
- Violation of Transportation Rules: Working on issues of vehicle impoundment and cargo confiscation when transporting timber without a document of origin.
- Defense of Sawmills: Legal assistance regarding unregistered sawmills or facts of discovering illegal timber in registered sawmills.
- Damage Compensation Disputes: Checking the correctness of the calculation of damage caused to the environment and, if necessary, conducting an alternative audit to reduce the amount.
Common Real-World Scenarios
Problems related to illegal timber extraction often arise in the following circumstances:
- Cutting Firewood Without a Permit: A person living in a rural area cut several trees for winter but had not obtained a timber harvesting ticket. Environmentalists recorded the fact and imposed a fine, also calculating the damage to the environment.
- Transportation Without a Waybill: A truck was moving logs, but the driver did not have an electronic waybill, or the data indicated in it (volume/species) did not match reality. This leads to the vehicle being impounded.
- Cutting in a Protected Area: A person cut trees in a national park or sanctuary. In such a case, the amount of damage is multiplied by a coefficient, which automatically leads to criminal liability.
- Unaccounted Timber in a Sawmill: During an inspection, logs were found in a sawmill for which there was no documentation confirming origin.
Georgian Legislation and Regulations
The field is regulated by the Forest Code of Georgia, which establishes rules for forest use. Criminal liability is defined by Article 303 of the Criminal Code (Illegal felling of trees and bushes). Administrative liability is outlined in the Administrative Offences Code (Articles 64-66, as well as violation of transportation rules). The rules for timber movement and technical regulations are defined by the Government of Georgia decree on "Approval of the Rule of Forest Use." Damage is calculated using a special methodology, where each tree has its value depending on diameter and species.
Process: What to Expect
The legal process begins with the drawing up of an offense protocol or the initiation of a criminal case. Lawyer involvement is vital at the initial stage. The lawyer checks whether the measurement of tree diameters and determination of species (on which the damage amount directly depends) were done correctly. There are frequent cases where dried-out trees are recorded as healthy, which increases the damage. The lawyer also works on the issue of returning the vehicle, which often remains at the impound lot for months. In a criminal case, negotiations are held with the prosecutor's office on a plea agreement or diversion to avoid a criminal record.
Why Legal.ge?
Legal.ge connects you with experienced lawyers who have years of practice working on forest legislation and environmental crime cases. Our specialists will help you protect your interests, reduce financial damage, and avoid severe legal consequences. Find your defender on Legal.ge.
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