Legal regime for the use of forest lands in the Russian Federation

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Published: 11/02/2017

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Forest plot is a land plot located within the boundaries of forest districts/forest parks and formed in accordance with the requirements of land legislation and the Forest Code.

• Rights to plots
• VRI for these lands
• Amnesty of forest areas
• Construction Who can apply for land transfer?

Legislation on forest resources

Forest fund lands are a special category of land, which is regulated by the Forest Code and the Land Code.

The forest fund includes areas covered with shrubs, trees and grass or not covered with forest vegetation (but intended for forest restoration in the future), as well as areas used for forestry and located within the forest fund.

The forest fund includes areas of non-forest and forest. It includes areas without vegetation, in particular:

• with felling - on which stumps remain;
• with young forest;
• with burnt and dead trees;
• with clearings and free from forest;
• with open spaces: isolated trees.

The Forest Fund includes all forests, except for forests in areas for defense purposes (used by the armed forces) and settlement lands.

They are indicated on maps with special signs.

What are the categories of land in the Russian Federation?

According to the legislation of the Russian Federation, there are 7 main categories of land:

• agricultural purposes;
• settlements;
• industry, transport, space activities and other special purposes;
• territories under special state protection;
• occupied by forests;
• under water bodies;
• stock.

The category is determined based on the intended purpose of the sites, which subsequently affects the types of permitted exploitation. For example, with regard to the category of forest fund lands (FLF), it has been established that they can be used both directly for creating forest plantations and for forestry, even if they are not covered with dense vegetation.

Most of the ZLF belongs to the Russian Federation, and therefore the assignment of territories to this group, as well as the transfer of plots from one category to another, is carried out on the basis of federal legislation.

Find out in more detail how land categories are determined in the Russian Federation.

General information about ZLF

In accordance with Russian legislation, forest lands include not only the forests themselves, but also territories for economic purposes that perform protective, infrastructure, restoration and other functions.

Thus, ZLF are territories intended for:

• forest vegetation;
• forestry management;
• maintenance, protection and protection of forests;
• other activities aimed at preserving them as an ecosystem and restoring them as a natural resource.

The state forest fund and its components can be located not only on the forestry forest, but also on lands of other subtypes, although the first category is predominant. Based on this, the legal regime for the use, protection and protection of forest areas is determined, but the lands themselves are not required to change the category due to their intended purpose. Usually these are specially protected areas of environmental significance.

Unlike all other categories, the only entity that can own forest fund lands is the state.

The law defines the monopoly of federal ownership of agricultural forests, which is caused by the special environmental regime of these territories.

At the same time, it is assumed that, on the basis of regulatory legal acts or agreements of the ALF, lands occupied by vegetation or classified as forest for other reasons may be used by other persons or transferred to the ownership of constituent entities of the Russian Federation.

Composition of the ZLF

It is worth mentioning what forest lands are made of. According to the law, the ZLF includes:

1. Forest lands are areas covered with dense vegetation classified as forests, as well as other areas if they have restoration value: places of sanitary felling and others.
2. Non-forest lands, the intended purpose of which is forestry, including territories occupied by economic facilities and roads.

Considering that forest vegetation can be located outside the ZLF, the forest fund does not include forests located in areas intended for:

• defense;
• construction of urban settlements;
• farming and so on.

Their legal regime is determined in accordance with the intended purpose of the lands on which they are located.

Forestry legislation classifies as ZLF all lands that are located within forest districts and forest parks on the territory of the Russian Federation. All such areas are recognized as forest areas.

All forest areas from the forest fund lands are exclusively federal property. These include:

• trees, shrubs and other vegetation in forest parks and forest areas;
• sanitary clearings and burnt areas not occupied by dense vegetation;
• open spaces and clearings;
• clearings and swamps in forestry areas;
• roads, outbuildings and other objects.

If a land plot is included within the boundaries of the timber industry enterprise, this does not always mean that it can be classified as forest land. Such territories used to be often included in the lands of settlements, which can be confirmed by a cadastral extract, even if its boundaries were not precisely established.

Use of land fund

Among the main users of land fund resources, in particular agricultural lands, are joint-stock partnerships and companies, farms and peasant farms, collective farms, including fishing enterprises. The listed users account for about half (52%) of all land classified as agricultural use. The second large group of land users are municipal and state entities, breeding farms and experimental production organizations; they account for 39.6% of all agricultural land.

Legislative regulation of the use of agricultural products

It is impossible to overestimate the importance of the forest fund as an ecosystem and natural resource for the Russian Federation, at least if we take into account its scale. According to the latest estimates, the area of ​​forest land in Russia is at least 1.146 billion hectares - over 60% of the entire territory of the country.

It is not surprising that such a resource requires special regulatory regulation. In this regard, the operation of ZLF is regulated by the provisions of two regulations:

1. The Land Code of the Russian Federation defines the principles of use and protection of especially valuable territories, provides a general description of forest lands, describes the rules for allocating plots, their transition from one category to another, etc.
2. The LC RF defines:
   the legal status of lands occupied by forest vegetation, the regime of use and protection of forested areas, protection, reproduction of forests as a natural resource;
3. conditions for their provision to citizens and organizations for use;
4. those who manage forest lands, and so on.

Please note that the norms of the LC are applied insofar as the relations that have arisen in the field of forests have not yet been regulated by the norms of the LC.

Features of the legal regime of the ZLF

Regulation of forest relations takes into account the idea of ​​the forest as a collection of flora and fauna, as well as other elements of nature and the environment. The legal regime of forest fund lands is formed taking into account their important economic, social, and environmental significance, therefore such territories are not only under special protection by the state, but are also limited in circulation (clause 2, clause 5, article 27 of the Land Code).

In accordance with Art. 7 LC, forest areas should be delimited from other lands by applying the necessary marks on planning and cartographic materials and marking them on the ground using special forestry signs.

Legal support and legal regime applied to agricultural land plots depend on the purpose of the lands, according to which they are divided into:

• protective forest plantations, the purpose of development of which is to preserve the environmental, environment-forming, sanitary and hygienic and other useful functions of forests;
• production forests. The purpose of their development is to obtain high-quality wood and other forest resources;
• reserve forests, the use of which does not involve timber harvesting for 20 years after their classification into this category.

A characteristic feature of forest lands is their fertility and the ability of the vegetation located on them to regenerate themselves. Forests should be specially protected from fires, pollution and any other negative impacts, including those of a natural nature, which also affects the legal regime for their use.

This applies not only to ZLF, but also to adjacent areas considered to be lands of populated areas.

Often the boundaries of territories classified into different categories are controversial. In this regard, the imposition of a land plot on the lands of the forest fund prevents, for example, the registration of residential buildings, land surveying and other actions that, at first glance, cannot harm the condition of the forest fund.

Procedure and specifics of the order

The procedure for the use and protection of forest lands is regulated by land and forest legislation. The Forestry Code applies to land relations if they are not regulated by the land authorities.

Forest lands are in federal ownership (Article 3 of the Federal Law “On the Introduction of the Forest Code of the Russian Federation”). The areas into which state property is not demarcated are managed by the executive authorities of the constituent entities of the Russian Federation and local self-government bodies.

In relation to plots to be leased, an auction is held to sell the right to conclude a lease agreement. In addition to lease, land owned by the state or municipality may be provided for free, fixed-term or indefinite use.

The powers of state authorities of the constituent entities of the Russian Federation imply:

1. Possession, disposal, operation of forest areas in their ownership.
2. Establishing the rate per unit area of ​​land for renting it out.
3. Establishing the amount of payment per unit volume of harvested wood on sites.
4. Establishing procedures and standards for citizens to harvest wood and other forest resources for their needs.
5. Other powers.

The powers of local authorities are not as great as those of state authorities. Their competence includes the management of forest resources in their jurisdiction. In some cases, local authorities may be vested with the powers of state power (Article 49 of the LC RF).

ZLF Management

Since the forest fund and the lands under it are predominantly owned by the state, it is the federal authorities who are entrusted with the management of the forestry forest. If the plots belong to a region or municipality, they are managed by regional or municipal authorities.

In Art. 83 LC mentions some features of forest land management, for example, the right of government bodies to transfer their functions in the field of forest relations to regional institutions.

State management of the forest fund and its lands is entrusted to. It implements these tasks through the Federal Forestry Agency (Rosleskhoz).

According to the official forest fund of the Russian Federation, the powers of Rosleskhoz include:

• forest planning;
• use, conservation and protection of forests;
• reproduction and state forest inventory;
• forestry supervision and control over the execution of delegated powers;
• consideration of complaints about territorial planning materials, and so on.

Rosleskhoz implements its tasks through territorial bodies. So, if someone needs a certificate of the availability of forest fund lands or a citizen wants to obtain such a plot for use, they should contact.

Right of use

The owner of all forest lands is the state. For the purpose of carrying out recreational activities, forest areas are provided by the owner (the state) for indefinite use to state and municipal institutions, and for lease to other persons.

The situation is similar with wood processing activities: plots for this purpose are transferred for indefinite use only to federal government agencies, to other citizens and legal entities - under the terms of a lease agreement.

Land may be transferred for use to constituent entities of the Russian Federation on the basis of federal laws. Such subjects can be both individuals and legal entities with the right of use:

1. rent;
2. concessions;
3. free of charge;
4. not for long term use.

Tenants are required to strictly comply with the terms of the contract, which include reforestation work and compliance with sanitary and hygienic requirements.

More information about how to obtain ownership of forest fund lands can be found here.

Types of permitted use of FLF

When it comes to the types of permitted use of agricultural forests, many believe that this means the regulatory purposes of forest exploitation, defined by Art. 25 LC. In fact, this understanding is wrong. Of course, forest fund lands are intended for forestry, but this may involve completely different types of activities.

According to the classifier of types of permitted use (VRI), approved. , on ZLF you can conduct activities that are encrypted under codes 10.0-10.4:

• cutting, harvesting, primary processing, storage and removal of wood;
• creation of forest roads, premises for processing/storage of resources, and other economic infrastructure facilities;
• cultivation of plantings and their partial processing;
• procurement and collection of non-timber forest resources, wild plants and shrubs, their processing and export;
• forest protection and so on.

In addition to the specified VRI, Art. 25 LC allows the use of forests for such purposes as:

• construction and operation of linear facilities;
• research activities;
• arrangement of reservoirs and hydraulic structures;
• geological study of subsoil and search for minerals;
• religious activity.

Classifier

A classifier of types of permitted land use is used to determine the type of activity that can be conducted on the site. The classification is indicated in urban zoning documents, and to structure information about the types of permitted use, there is Order of the Ministry of Economic Development No. 540 of September 1, 2014 “On approval of the classifier of types of permitted use of land plots.”

VRI classifier of forest land plots:

When and to whom can PLF be transferred?

As mentioned above, PLFs cannot be privately owned - their owner in the vast majority of cases is either the state, or a region or municipality, if this right is transferred to them by regulation or other legal basis.

The only way to obtain ownership of such land plots is to change their intended purpose and, accordingly, transfer them to another category.

We will tell you below how to register ownership of forest fund lands by transferring them.

In addition, Art. 9 LK allows you to transfer forest lands for permanent use to citizens and organizations that intend to use the forest, for example, for commercial activities. This is possible based on:

• permanent use rights;
• land lease;
• easement, including public;
• rights of free use;
• concession agreement.

Let's look at some of them in more detail.

Lease of forest plots

The rules for leasing forest areas are established in Chapter. 6 LC. In accordance with Art. 71 LC, both citizens and organizations can rent a plot. Transfer for use on this basis is carried out under lease agreements, which are generally concluded for a period of 10 to 49 years (Article 72 of the LK).

Typically, an agreement is drawn up with the winner of the auction, which is held in the form of an auction according to the rules established by the Methodological Recommendations, approved. . The document stipulates cases when an agreement can be concluded without holding a tender.

The applicant must not be on the register of unscrupulous tenants.

Before leasing an agricultural land, the interested person contacts the auction organizer, the land owner or a trading organization authorized by him with an application. It can be compiled in free form, but be sure to indicate:

• name of the person wishing to rent the plot;
• his personal and other data;
• location of the site;
• the applicant's place of residence.

The application must be accompanied by a minimum list of documents:

• the applicant's identity card;
• extract from the Unified State Register of Legal Entities or Unified State Register of Individual Entrepreneurs for legal entities and individual entrepreneurs, respectively;
• a receipt confirming payment of a deposit in the amount of 10 to 100% of the initial rental price.

The initial price is determined based on government recommendations, and the final price is determined based on the results of the auction.

Merely concluding a lease agreement is not enough to use the ZLF. The tenant must develop a project for the development of forests on the leased forest areas and obtain a positive conclusion on it.

Right to use the ZLF

In addition to rent, according to Art. 71 LC, ZLF can be transferred:

• organizations - on the right of permanent or free use. Permanent unlimited use of the ZLF, in accordance with Art. 39.9 of the Land Code, is permitted on the basis of a decision of the responsible government body. Such plots are transferred only to: authorities and government agencies;
• state-owned enterprises;
• historical heritage centers.

Sometimes a government agency establishes payments for the use of forest resources, but wild forest reserves can also be transferred for free use to citizens and organizations on the basis of an agreement. According to Art. 39.10 ZK, or may be:

• religious organizations;
• citizens who wish to carry out agricultural activities, including beekeepers, for a period of no more than 5 years;
• non-profit organizations;
• persons classified as indigenous peoples of the North, and so on.

Transfer based on concession

In accordance with Art. 11, the concessionaire will receive the forest plot on a lease basis if he needs the plot to create an object or carry out activities provided for in the concession agreement. This only applies to projects related to the construction or operation of:

• hydraulic structures;
• port infrastructure facilities;
• communication and power lines;
• road infrastructure;
• structures for agricultural activities;
• physical education, health and sports projects and some others.

As part of a concession, for example, when creating a sports and recreation center, it is possible to build a dormitory building on forest land or another residential structure.

Concept and composition of the forest fund

Concept and composition of the forest fund

Forest lands include both forest and non-forest lands. Forest lands are lands covered with forest vegetation and not covered with it, but intended for its restoration (clearings, burnt areas, wastelands, clearings, etc.). Non-forest lands are lands intended for the needs of forestry (roads, clearings, agricultural land), as well as other lands within the boundaries of the forest fund (swamps, wastelands, etc.).

The forest fund does not include forests located on defense lands and on lands of urban settlements (urban forests).

The Forest Code also defines the concept of trees and shrubs. It is not included in the forest fund and forests not included in the forest fund. Tree and shrub vegetation consists of trees and groups of trees and shrubs located on:

— agricultural lands, including those provided for gardening and personal farming;

— transport lands (on rights-of-way of railways and highways);

— lands of populated areas (settlements), including those provided for country houses, housing and other construction (with the exception of urban forests);

— lands of the water fund (on canal rights-of-way);

- lands of other categories.

Forests that are part of the forest fund and those that are not, as well as trees and shrubs, have different legal regimes.

In order to preserve and rationally use the country's forest resources, differentiated forestry management, the forest fund of the Russian Federation is divided into three groups, and the forests of the first group are distinguished by categories of protection (Articles 55-60 of the Forest Code of the Russian Federation, Decree of the Government of the Russian Federation “On the procedure for assigning forests to groups forests and forest protection categories of the first group" dated September 15, 1997 No. 1169).

The basis for this classification is the economic, environmental and social significance of forests, their location and functions.

Forests of the first group include forests whose main purpose is to perform water protection, protective, sanitary and hygienic, health, and other functions, as well as forests in specially protected natural areas.

These forests are divided into the following protection categories:

— restricted forest strips along the banks of rivers, lakes, reservoirs and other water bodies;

— restricted forest strips protecting the spawning grounds of valuable commercial fish;

— anti-erosion forests;

— protective forest strips along railways, highways of federal, republican, regional significance;

— forests in desert, steppe, and sparsely forested mountain areas, which are important for protecting the natural environment;

— forests of green zones of settlements and economic facilities;

— forests of sanitary protection zones of water supply sources and resorts;

— especially valuable forest areas;

— nut fishing zones;

— forests of nature reserves, national and natural parks, natural monuments and others.

Forests of the second group include forests in regions with high population density and a developed network of land transport routes, forests that perform water protection, protective, sanitary, hygienic, health and other functions of limited operational importance, as well as forests in regions with insufficient forest resources, for the conservation of which a restriction of the forest use regime is required.

Forests of the third group are forests in multi-forest areas that are primarily of operational importance. When harvesting timber, the ecological functions of these forests must be preserved. Forests of the third group are divided into developed and reserve.

In the forests of all the groups considered, specially protected forest areas with a limited forest management regime can be identified (bank and soil protection areas along the banks of water bodies, slopes of ravines, places of distribution of rare and endangered wild animals, plants, etc.).

Forest ownership

The forms and content of ownership of forests in the Russian Federation are determined by the Constitution of the Russian Federation, the Forest Code of the Russian Federation, civil and land legislation. It must be borne in mind that the ownership, use and disposal of the forest fund and forests not included in it is carried out taking into account the global ecological significance of forests, their reproduction, duration of cultivation and other natural properties of the forest (Article 18 of the LC RF), that is, taking into account the peculiarities forests as a natural object, different from ordinary objects of property rights.

Forests of the Russian Federation are state property. In accordance with Art. 19 of the LC RF, the forest fund and forests located on defense lands are federal property. However, the law allows for the transfer of part of the forest fund into the ownership of constituent entities of the Russian Federation.

Forms of ownership of forests located on the lands of urban settlements (urban forests) are established by a special federal law.

Trees and shrubs that are not recognized as forests may be privately owned by citizens and legal entities if they are located on land plots owned by these entities.

The legal regime of tree and shrub vegetation varies depending on the conditions of its appearance on land plots. If this happened as a result of economic activity or naturally on a land plot after its transfer to the ownership of a citizen or legal entity, then the owner shall possess, use and dispose of it at his own discretion. In other cases, the powers of the owner must be exercised in accordance with the requirements of forestry legislation and legislation on flora (Article 20 of the LC RF).

The forest fund has been withdrawn from civil circulation. Purchase and sale, pledge and other transactions that entail or may entail the alienation of forest areas, as well as forest areas not included in the forest fund, are prohibited.

Transactions with the rights to use areas of the forest fund and forests not included in the forest fund are carried out in the manner established by the forestry legislation of the Russian Federation, and in the part not regulated by it, by civil legislation.

Tree and shrub vegetation can be the subject of civil transactions as an accessory to land plots owned by citizens and legal entities, and is transferred from one person to another in the manner prescribed by civil and land legislation.

Types of forest use rights

Forest use rights are classified on several grounds.

Like all types of environmental rights, it can be general and special.

By exercising the right of general forest management, citizens can be on the territory of the forest fund and forests not included in the forest fund, collect wild fruits, berries, nuts, mushrooms, other food forest resources, medicinal plants and technical raw materials for their own needs, and participate in cultural and recreational activities. , tourist and sporting events, hunting.

This right arises for citizens directly from the law (Article 86 of the Forest Code of the Russian Federation) and is exercised freely and free of charge, that is, without any special permits, unless it is limited or prohibited (for example, in national parks, reserves, etc.) . At the same time, citizens are obliged to comply with environmental requirements for the protection of forests: fire safety rules in forests, to prevent damage to trees and shrubs, damage to forest crops, littering of forests, destruction and destruction of anthills, bird nests, etc. The collection and procurement of wild plants by citizens is prohibited and mushrooms, the species of which are included in the Red Book of the Russian Federation, as well as in the list of narcotic plants and natural narcotic raw materials.

The list of types of special forest use rights, which are divided depending on the intended purpose of forest use, is provided in Art. 80 LC RF:

— timber harvesting;

— preparation of resin;

— harvesting of secondary forest resources (stumps, bark, pine paws, Christmas trees, etc.);

- secondary forest management (haymaking, grazing, placing hives, harvesting and collecting wild fruits, berries, nuts, mushrooms, medicinal plants, fallen leaves, etc.)

— use for the needs of hunting;

— use for research purposes;

— use for cultural, recreational, tourism and sports purposes.

The use of forest fund areas can be carried out both with the withdrawal of forest resources and without their withdrawal.

A forest fund plot may be provided for one or more types of forest use to one or more forest users.

Forest use rights also differ in legal content and the scope of their constituent powers. The Forest Code of the Russian Federation identifies the following types: lease, concession, free use, short-term use, easements (Article 22).

Forest fund plots are provided to subjects on the basis of registration of all specified types of rights. The rights to use forest areas not included in the forest fund are free use and short-term use.

At the same time, all forest use rights are exercised in accordance with the principle of the multifunctional value of forests (simultaneous use by different persons and for different purposes).

Terms of forest use

Forest use rights can be short-term or long-term.

Short-term forest use rights are granted for a period of up to 1 year. Long-term rights are implemented in the form of lease, concession, free use of forests for a period of 1 to 49 years.

Contents of forest use rights

The content of forest management rights consists of the rights and obligations of the subject, a specific set of which is determined depending on the type of forest management. When carrying out forest management, forest users have the right:

— receive information about forest areas transferred to them for use;

— use the forest fund within established limits;

— erect buildings and structures, wood storage points related to the use of the forest fund, in accordance with the established procedure, for the period of forest use;

- have other rights if their implementation does not contradict the requirements of the forestry legislation of the Russian Federation.

At the same time, forest users are obliged to:

— use forest areas in accordance with forest legislation;

- comply with the terms of lease agreements, concession agreements, free use, as well as the terms of the logging ticket, warrant, forest ticket;

— to prevent harm to the health of citizens and the environment;

— carry out work in ways that prevent the occurrence of soil erosion, eliminating or limiting the negative impact of forest management on the condition of forests, water and other natural objects;

- observe sanitary rules in forests, fire safety rules, and in the event of a forest fire, ensure its extinguishing;

- do not leave undercuts (cutting areas with unfinished felling) and harvested wood in felling areas after the deadline for its harvesting and removal has expired;

— clean cutting areas from logging residues;

— carry out reforestation activities within the terms and conditions specified in lease agreements, concessions, logging tickets, warrants, forest tickets;

- bring lands in forest areas provided for use, at your own expense, to the condition specified in the relevant agreements and other forest management documents;

— make timely payments for the use of the forest fund;

— perform other duties provided for by forestry legislation.

Payment for forest use

The right to use forests is paid. In accordance with forest legislation, the system of payments for forest use includes the following types:

- forest taxes. They are charged for all types of forest use. Forest tax rates are established by state authorities of the constituent entities of the Russian Federation in agreement with forestry authorities per unit of forest resource or per hectare of forest fund;

- rent. It is paid by the tenant when leasing forest areas and is determined on the basis of forest tax rates. Its specific size, terms, procedure and conditions of payment are established by the lease agreement.

A number of categories of forest users have benefits for the payment of these payments or are completely exempt from them (disabled people, participants in the Great Patriotic War, etc.).

Payment rates for standing timber are established by Decree of the Government of the Russian Federation “On minimum payment rates for standing timber” dated September 19, 1997 No. 1199.

Legal protection of forests

The system of measures provided for by forest legislation aimed at organizing the rational use and reproduction of forests, their protection from pollution, depletion and destruction, protection from fires, pests and diseases, forms the concept of legal protection of forests.

Conservation and protection of forests is carried out by forestry enterprises, state forest guards, aviation forest protection bases and other forestry organizations. It is carried out by ground and aviation methods.

Environmental requirements and measures included in the content of legal protection of forests are addressed to all entities: organizations involved in forestry, forest users and those enterprises, organizations and institutions whose activities affect the condition of forests.

The most important organizational and legal measures carried out for the purpose of protecting and protecting forests include recording and maintaining a forest cadastre, forest monitoring, development and implementation of federal state programs related to the development of forestry and the country's timber industry complex, as well as state control over the condition, use, protection and reproduction of forests*.

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* See the procedure for the implementation by the Federal Forestry Service of Russia and its territorial bodies of state control over the condition, use, protection and protection of the forest fund and forest reproduction, approved by Decree of the Government of the Russian Federation of June 1, 1998 No. 544.

Of primary importance for the protection of forests are the basic requirements for forestry management. Organizations conducting forestry (forestry enterprises) are entrusted with the functions of accounting for the forest fund, organizing its rational and targeted use, monitoring the work carried out by forest users, suppressing violations of forest management norms and rules, and providing fire safety and sanitary facilities for the forest fund territory. They must carry out forest care, measures to improve the species composition and quality of forests, reforestation and afforestation, and control forest pests and diseases*.

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* Regulations on the Federal Forestry Service of Russia, approved by Decree of the Government of the Russian Federation of February 10, 1998 No. 173.

In the system of forestry management bodies, in order to carry out activities to ensure the preservation of the ecological and biological potential of forests, compliance with the rules of use, reproduction, conservation and protection of forests, a special service has been organized - state forest protection. It is vested with the powers to prevent and suppress offenses on the territory of the forest fund, has the right to impose administrative fines on officials and citizens, file claims for compensation for damage caused to forestry, send materials to the relevant government bodies on bringing the perpetrators to disciplinary and criminal liability** .

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** Regulations on state forest protection of the Russian Federation, approved by Decree of the Government of the Russian Federation of July 27, 1998 No. 850.

An important role in forest protection is played by the fulfillment by forest users of the duties established for them by law, which are included in the content of the forest use rights discussed above.

As for citizens and legal entities activities may have or are having a negative impact on the condition of forests, they are charged by law with the obligation to carry out technological, sanitary and other measures for the protection and protection of forests, agreed upon with forestry management bodies and the authorities of the constituent entities of the Russian Federation.

The requirements of legislation on environmental protection, which provide for the need to provide production facilities with treatment serve to prevent the harmful effects of wastewater, chemicals, industrial and municipal emissions and waste on forests.

The construction sites of facilities that affect the condition and reproduction of forests are agreed upon with the state authority of the constituent entity of the Russian Federation and the relevant territorial forestry management body with the obligatory conduct of a state environmental assessment.

Carrying out construction work in the forest fund, mining, laying communications and performing other work not related to forestry and forest management is carried out on the basis of a permit from the forestry department. The methods used in carrying out these works should not worsen the condition of the forest fund or forest reproduction.

If enterprises and organizations carry out work that negatively affects the condition or reproduction of forests, or do not ensure the protection of forests from fires, such work may be suspended or prohibited

Of fundamental importance for the rational use and protection of forests is their distribution into groups and the establishment of a felling regime and rules of protection characteristic of each of them.

The legislation provides for the priority of specially protected forests of the first group - forests of reserves, protected zones, especially valuable forests, restricted forest belts and others, the legal regime of which is characterized by the fact that they are primarily used for their main purpose, corresponding to their protective and sanitary functions. In these forests, tree felling is prohibited, with the exception of sanitary felling and forest maintenance felling, and increased liability is established for violation of the rules for their use and protection (Article 114 of the RF LC).

In other forests, timber harvesting and other types of use are carried out, which must be carried out in compliance with the principles of continuous, sustainable and rational forest management, requirements for preserving and strengthening the environment-forming, water-protective and protective functions of forests, ensuring conditions for their reproduction, as well as scientifically based forest management standards.

This involves establishing and observing rules for timber harvesting and other uses, combating illegal use and violation of its rules, protecting forests from fires, pests and diseases.

Timber harvesting is carried out in accordance with the Rules for the supply of standing timber in the forests of the Russian Federation and must be carried out in accordance with the scientifically based norm of forest cutting, which assumes that the volume of forest cutting and timber harvesting used for the needs of the economy and the population is established taking into account the annual growth of the forest. This volume is determined by the approval by state forestry management bodies of the estimated cutting area for each enterprise engaged in forestry and timber harvesting, as well as for administrative-territorial units or forest management zones (Article 62 of the RF LC). Exceeding the established volume of timber harvesting is prohibited by law.

The implementation of the principle of sustainable forest management is also ensured by carrying out work on forest reproduction. They are carried out in areas that were previously covered with forest (clearings, burnt areas, etc.) or intended for afforestation on non-forest lands. Responsibilities for forest reproduction and afforestation are assigned both to organizations conducting forestry (forestry enterprises) and to forest users themselves (Articles 89, 90 of the RF LC).

One of the most important areas in ensuring the protection and protection of forests is the fight against forest fires.

In connection with this legislation, special rules for fire safety in forests have been established*. They prohibit actions in the forest that create a real threat of the occurrence and spread of fires, and also regulate the implementation of forest fire-fighting measures for organizations carrying out work in forests or near forested areas.

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* See Fire Safety Rules in Forests of the Russian Federation, approved by Decree of the Government of the Russian Federation of September 9, 1993 No. 886.

Fire safety rules are mandatory for all legal entities and citizens. Thus, citizens are not allowed to throw burning cigarette butts in the forest, make fires in places with dried grass, in peat bogs, under the crowns of trees, etc. If a forest fire is detected, it is necessary to immediately take measures to extinguish it, and if it is impossible to extinguish the fire on your own report it to forestry workers, police or local authorities.

Forest users are required to develop and approve, in agreement with forestry enterprises, plans for fire prevention measures, as well as carry them out within the established time frame.

State fire supervision in the forest fund and forests not included in it is carried out by the state forest guard. To protect forests from fires, aviation security can be used, carried out by specialized organizations of the Federal Forestry Service of Russia.

In addition to fire safety, forestry authorities and forest users are obliged to ensure the protection of forests from pests and diseases, which is achieved through systematic monitoring of the condition of forests, timely identification of outbreaks of pests and diseases, their localization and elimination. Measures to protect forests from pests and diseases are regulated by special sanitary rules (Article 98 of the RF LC).

Concept and composition of the forest fund

Forest lands include both forest and non-forest lands. Forest lands are lands covered with forest vegetation and not covered with it, but intended for its restoration (clearings, burnt areas, wastelands, clearings, etc.). Non-forest lands are lands intended for the needs of forestry (roads, clearings, agricultural land), as well as other lands within the boundaries of the forest fund (swamps, wastelands, etc.).

The forest fund does not include forests located on defense lands and on lands of urban settlements (urban forests).

The Forest Code also defines the concept of trees and shrubs. It is not included in the forest fund and forests not included in the forest fund. Tree and shrub vegetation consists of trees and groups of trees and shrubs located on:

— agricultural lands, including those provided for gardening and personal farming;

— transport lands (on rights-of-way of railways and highways);

— lands of populated areas (settlements), including those provided for country houses, housing and other construction (with the exception of urban forests);

— lands of the water fund (on canal rights-of-way);

- lands of other categories.

Forests that are part of the forest fund and those that are not, as well as trees and shrubs, have different legal regimes.

In order to preserve and rationally use the country's forest resources, differentiated forestry management, the forest fund of the Russian Federation is divided into three groups, and the forests of the first group are distinguished by categories of protection (Articles 55-60 of the Forest Code of the Russian Federation, Decree of the Government of the Russian Federation “On the procedure for assigning forests to groups forests and forest protection categories of the first group" dated September 15, 1997 No. 1169).

The basis for this classification is the economic, environmental and social significance of forests, their location and functions.

Forests of the first group include forests whose main purpose is to perform water protection, protective, sanitary and hygienic, health, and other functions, as well as forests in specially protected natural areas.

These forests are divided into the following protection categories:

— restricted forest strips along the banks of rivers, lakes, reservoirs and other water bodies;

— restricted forest strips protecting the spawning grounds of valuable commercial fish;

— anti-erosion forests;

— protective forest strips along railways, highways of federal, republican, regional significance;

— forests in desert, steppe, and sparsely forested mountain areas, which are important for protecting the natural environment;

— forests of green zones of settlements and economic facilities;

— forests of sanitary protection zones of water supply sources and resorts;

— especially valuable forest areas;

— nut fishing zones;

— forests of nature reserves, national and natural parks, natural monuments and others.

Forests of the second group include forests in regions with high population density and a developed network of land transport routes, forests that perform water protection, protective, sanitary, hygienic, health and other functions of limited operational importance, as well as forests in regions with insufficient forest resources, for the conservation of which a restriction of the forest use regime is required.

Forests of the third group are forests in multi-forest areas that are primarily of operational importance. When harvesting timber, the ecological functions of these forests must be preserved. Forests of the third group are divided into developed and reserve.

In the forests of all the groups considered, specially protected forest areas with a limited forest management regime can be identified (bank and soil protection areas along the banks of water bodies, slopes of ravines, places of distribution of rare and endangered wild animals, plants, etc.).

Forest ownership

The forms and content of ownership of forests in the Russian Federation are determined by the Constitution of the Russian Federation, the Forest Code of the Russian Federation, civil and land legislation. It must be borne in mind that the ownership, use and disposal of the forest fund and forests not included in it is carried out taking into account the global ecological significance of forests, their reproduction, duration of cultivation and other natural properties of the forest (Article 18 of the LC RF), that is, taking into account the peculiarities forests as a natural object, different from ordinary objects of property rights.

Forests of the Russian Federation are state property. In accordance with Art. 19 of the LC RF, the forest fund and forests located on defense lands are federal property. However, the law allows for the transfer of part of the forest fund into the ownership of constituent entities of the Russian Federation.

Forms of ownership of forests located on the lands of urban settlements (urban forests) are established by a special federal law.

Trees and shrubs that are not recognized as forests may be privately owned by citizens and legal entities if they are located on land plots owned by these entities.

The legal regime of tree and shrub vegetation varies depending on the conditions of its appearance on land plots. If this happened as a result of economic activity or naturally on a land plot after its transfer to the ownership of a citizen or legal entity, then the owner shall possess, use and dispose of it at his own discretion. In other cases, the powers of the owner must be exercised in accordance with the requirements of forestry legislation and legislation on flora (Article 20 of the LC RF).

The forest fund has been withdrawn from civil circulation. Purchase and sale, pledge and other transactions that entail or may entail the alienation of forest areas, as well as forest areas not included in the forest fund, are prohibited.

Transactions with the rights to use areas of the forest fund and forests not included in the forest fund are carried out in the manner established by the forestry legislation of the Russian Federation, and in the part not regulated by it, by civil legislation.

Tree and shrub vegetation can be the subject of civil transactions as an accessory to land plots owned by citizens and legal entities, and is transferred from one person to another in the manner prescribed by civil and land legislation.

Transfer of the ALF to another category

Due to the fact that ZLFs cannot be privately owned, in order to privatize or carry out activities not intended for such territories, they must be transferred to another category. According to Art. 11, this is allowed in the case of:

• organization of specially protected areas at the expense of protected areas;
• defining or changing the boundaries of settlements;
• placement of objects of state/municipal importance in these territories;
• creation of special economic zones.

Who carries out the land transfer

Lands occupied by vegetation or non-forest lands of the forest fund can be classified into other categories based on the decision of the body responsible for the management of the forest fund.

In relation to federal lands, transfer to another category is carried out by the government, for regional territories - by the authority of the subject of the federation, and for municipal ZLFs - by local self-government.

Transfer of ZLF to lands of settlements

Transfer of ZLF to lands of settlements (LNP) is possible only based on the results of determining, clarifying or changing the boundaries of the settlement. This is usually carried out through territorial planning documents by approving or updating:

• master plan of the settlement, displaying the boundaries of settlements;
• territorial planning schemes for the municipal district, which reflect the boundaries of villages and towns outside the settlements.

A simplified translation procedure, according to and, looks like this:

1. The interested party sends a reasoned application to the local government body.
2. Local self-government prepares a draft territorial planning document, according to which ZLF should be included in the ZNP, and, together with the justification, sends it to the responsible authority of the constituent entity of the Russian Federation.
3. The government authority of the constituent entity of the Russian Federation sends these documents to the territorial department of Rosleskhoz.
4. Within 30 days, Rosleskhoz prepares a conclusion by which it approves or refuses the translation.
5. 30 days after receiving the conclusion, the regional authority decides to include the agricultural product in the ZNP, establishes the types of permitted use or refuses it.

What zones are distinguished by types and monitoring results?

Monitoring of these lands is a comprehensive process aimed at improving environmental protection measures. Comprises:

• observations;
• analysis and evaluation;
• forecasts for the development of the monitoring zone.

The selection of zones for monitoring is made according to the following indicators:

1. studying the danger of forest fires;
2. study and assessment of forest resources;
3. study and assessment of lands included in the forest fund;
4. study of underdeveloped areas;
5. analysis of received information for international programs and agreements.

Based on the analysis, the following are distinguished:

• risk areas;
• high efficiency zones;
• areas requiring further study;
• exploitation zones;
• reserve zones.

Risk zones are identified based on increased fire hazard and can be divided into risk classes. Efficiency zones are adjacent to the definition of exploitation zones and reserve zones. Lands where logging and other types of use are currently permitted that do not reduce the quality of the forest are considered suitable for exploitation. In reserve zones, logging is not allowed for the next twenty years.

To differentiate efficiency zones, a classification of efficiency of use is provided. Underdeveloped areas are distributed according to the priority of development of certain areas. Based on the totality of monitoring goals, it is necessary to use the zoning principle rather conditionally, in combination with other principles and approaches.

Particular attention is paid to the study of the ecological state of forests and adjacent areas:

• mutual influence of neighboring ecosystems on each other;
• the need to intervene in ongoing natural processes;
• efficiency of ecosystem use.

Based on the data obtained as a result of monitoring, the resource is managed. Arrays are selected for cutting down, or restoration, for transfer to other categories.

Forest amnesty

allows land registration under forest amnesty. The essence of the procedure is to eliminate contradictions between the Unified State Register and the forest register.

If information about copyright holders was entered into the Unified State Register of Real Estate before 2016, the territories can be excluded from the forest register and transferred to the lands of populated areas and settlements, at the same time excluding overlapping land plots.

Owners of summer cottages, lands of gardening cooperatives and other persons whose lands could not be fully registered due to the imposition of the ZLF can take advantage of the forest amnesty.

Forest amnesty, for which settlement lands will be expanded, is usually carried out by an interdepartmental working group under the regional forestry committee. Along with the application, the interested owner submits there:

• extract from the Unified State Register of Real Estate;
• copies of title documents;
• other documents upon request.

The amnesty is valid until 2023.

Is it possible to build on ZLF plots?

Tenants and users of forest plots often wonder whether it is possible to build on the ZLF. Since such lands are under special state protection, residential, industrial and other construction in these territories is prohibited.

Only the construction of forest infrastructure facilities is considered permitted. The creation of any other buildings must be approved.

In accordance with Art. 21 LC, when actions do not concern forest infrastructure facilities, construction on forest lands is possible if it is related to:

• geological research and mineral exploration;
• use of reservoirs, hydraulic structures, ports;
• creation of power lines, pipelines and gas pipelines and other engineering networks, road infrastructure;
• recreational or religious activities;
• harvesting and processing of forest resources.

Taking this into account, the courts have repeatedly made decisions on the demolition of houses in the forest fund, since housing construction in the ZLF is illegal. But if the buildings belong to bona fide owners of the plots, they can keep their country houses and take advantage of the forest amnesty in the manner described above.

ZLF map

Currently, there is no specially developed separate map of Russian forests in the public domain. In some constituent entities of the Russian Federation, for example, in the Moscow region, a map of the regional forest fund has been created with the boundaries of forest areas on.

Cartographic images of forest lands can be requested from the local representative office of Rosleskhoz.

If we are talking about the general forest fund of the Russian Federation, its individual elements and areas classified as ZLF can be found on. Perhaps in the future there will be a function of separating forest districts and forest parks.

Restoration and protection

Owner Responsibilities:

• establishing the volume, timing, order and methods of breeding and restoration;
• carrying out breeding work and testing tree varieties;
• creation of new plantings and their maintenance in order to improve protective properties and productivity;
• preventing waterlogging and soil erosion, increasing soil fertility;
• suspension of activities of forest users due to their negative impact on reproduction;
• accounting of lands of the reforestation fund and checking the completion of work.

Forest users must use harvesting methods that preserve and facilitate the rapid acquisition of new forestland. They are obliged not to damage undergrowth and undergrowth, seed strips and trees during the cutting process. If they disturb the soil to a state unsuitable for good tree growth, forest users carry out its reclamation.

Forest protection can be divided into 3 categories:

• protection from fires, diseases and pests (can be carried out by aviation and ground methods);
• control over illegal logging, violation of rights of ownership and use of allocated areas (permits are required for logging, fines are imposed for non-compliance);
• suppression of violations of legislation and measures to prevent them.

According to statistics, 44% of environmental violations are illegal cutting of trees, for which administrative and criminal liability is provided in our country (Article 260 of the Criminal Code). As punishment, fines may be imposed (from 100 thousand to 1,500,000 rubles or income for one to one and a half years), forced or corrective labor for up to two years in combination with a fine, or imprisonment for up to four years.

Currently, interactive maps are being created on the websites of regional forestry committees, with the help of which any citizen with access to the Internet can determine how justified the cuttings in his region are, as well as the timing of restoration work in their place. An interactive map of the forest fund will help you understand the boundaries of green, forest park, protective and scientific zones, etc. Entrepreneurs planning any activity there will be able to see certain restrictions imposed on certain zones.