What do you need to know and understand at the very beginning of this analysis? There is NO direct prohibition and, accordingly, punishment for using a metal detector when searching for coins. Accordingly, there is no punishment. Therefore, if you have heard, read, or been told by someone that it is impossible to dig for coins with a metal detector in our country, know this is a lie.
So, what is prohibited then, and what exactly are instrument search enthusiasts being judged for with enviable regularity?
Damage to an archaeological heritage site. Article 243.1 of the Criminal Code of the Russian Federation, the punishment under this article depends on the severity of the crime. From a small fine of 20,000 rubles to imprisonment for a period of 6 years.
What does this look like in practice? A citizen with a metal detector, without knowing it, or most often knowingly, enters the territory of the security zone of an archaeological site. And he begins to excavate there. More precisely, earthworks. In this case, criminal liability arises.
What is the complexity of the situation? Let’s say you are a law-abiding citizen and before going to the police station you looked at the OKN register and even studied the AKR, so that God forbid you even get close to an archaeological site. All the same, according to current legislation, you can become a criminal. Since, there is such a thing as identified archaeological objects. This is when archaeologists have found an archaeological site and applied to register it. An identified archaeological object can remain in the registration stage for an indefinitely long time. Therefore, information on identified objects does not go through any register. However, an archaeological site receives protected status from the moment of its discovery. Therefore, carrying out any excavation work on this site is a criminal offense.
What to remember? Article 243.1 of the Criminal Code of the Russian Federation can be initiated only upon detection of damage in excess of 500,000 rubles. If the damage is not established, then the investigation should be conducted within the framework of the Administrative Code of the Russian Federation.
Destruction of the cultural layer. Article 243.2 of the Criminal Code of the Russian Federation Just as in the previous example, the punishment under this article depends on the severity of the crime. From a small fine of 20,000 rubles to imprisonment for a period of 6 years.
What does this look like in practice? A citizen with a metal detector is detained by law enforcement officers. Another option is that a citizen who finds a treasure or valuable historical item is detained while trying to sell it. Further… and then you need to understand that over the 9 years of the existence of this article, it was used only once as part of detailed investigative measures. Simply put, the accused did not make a deal with the investigation and did not agree that he searched for and or confiscated archaeological objects from their locations.
What is the complexity of the situation? Lawyers with practice in the field of archeology in our country can be counted on the fingers of one hand. Therefore, when citizens find themselves in circulation under articles related to such concepts as: an archaeological object, a cultural layer, traces of human existence in past eras, general practice lawyers are called to “help” them. And, in more than 90% of cases, citizens lose not only money, but also very expensive historical items. As it happened three years ago with one safari park.
What to remember? The so-called article “Against black diggers” cannot be applied at all within the framework of existing legislation. Why? The crime under this article is not the search and or seizure of archaeological objects, but the destruction of a cultural layer. In order to accuse a citizen of destroying a cultural layer, a certified expert must identify this very cultural layer. At the moment, in the Russian Federation there is not a single certified expert, an approved expert methodology, or a general understanding of how to identify a cultural layer. Do you know what I mean? If it’s difficult, write in the comments and we’ll look into it separately.
Illegal archaeological activities. Article 7.15 of the Code of Administrative Offenses of the Russian Federation This article is so voluminous in terms of examples and application that it is worthy of a separate note.
Therefore, if you liked the format of this publication, please like it and leave your opinion in the comments. Because in the comments you can analyze the entire topic in much more detail and clearly.