Section I. General Provisions
Chapter 1. Basic Provisions
Article 1. RF Forest Legislation
In conformity with the RF Constitution, forest legislation in the RF shall be under the joint jurisdiction of the RF and the subjects of the RF.
RF forest legislation shall consist of the present Code, of other Federal laws and other normative legal enactments of the RF, and also of the laws and other normative legal enactments of RF subjects.
The laws and other normative legal enactments of RF subjects regulating forest relations may not be contrary to the present Code or the Federal laws adopted in conformity therewith. In the event of a contradiction between a Federal law regulating forest relations and another enactment adopted in the RF, the Federal law shall have effect.
The norms of forest law contained in other acts must be in conformity with RF forest legislation.
State agencies engaged in the management of forestry may issue enactments containing forest-law norms, in the cases and within the limits specified by RF legislation.
RF forest legislation shall be aimed to ensure the rational and non-depletion use of forests, the conservation, protection and reproduction thereof, proceeding from the principles of stable management of forests and preservation of the biological diversity of forest ecosystems, enhancement of the ecological and resource potential of forests, and satisfaction of the society's requirements in forest resources on the basis of scientifically grounded, multipurpose use of forests.
The generally accepted principles and norms of international law, and RF treaties in the use, conservation, protection and reproduction of forests shall be a component part of the RF legal system.
RF international treaties shall apply to relations arising in the use, conservation, protection and reproduction of forests directly, with the exception of cases when the adoption of an internal state legal enactment is required for application of an international treaty.
Where an international treaty of the RF lays down rules other than those provided for by the present Code, the rules of the international treaty shall apply.
RF forest legislation enactments shall have no retroactive force, and shall apply to relations arising after the entry of these enactments into force.
The effect of RF forest legislation enactments shall extend to relations arising prior to the entry of these enactments into force only in the cases directly provided for by law.
With respect to relations arising before the entry into force of RF forest legislation enactments, these shall apply to the rights and duties arising after the entry of these enactments into force.
RF forest legislation shall regulate relations in the use, conservation, protection and reproduction of forests, both included and not included in the forest estate, and also forest-estate lands not covered with forest vegetation (forest relations).
Relations in the use and conservation of forest-estate lands shall be regulated by RF forest and land legislation.
Relations in the use, conservation, protection and reproduction of tree-and-bush vegetation not included in the forest estate or in forests not within the forest estate (hereinafter "tree-and-bush vegetation") shall be regulated by RF civil legislation on the vegetable kingdom, RF land and water legislation, and the respective articles of the present Code.
Relations in the use of wood, technical and medicinal raw materials, and also of other forest resources obtained in the established manner in the use of the forest estate and of forests not within the forest estate (products) shall be regulated by RF civil legislation and other legislation.
Relations in the use and conservation of the animal kingdom, of bodies of water, of the subsoil and its mineral wealth, and of the atmospheric air shall be regulated by RF forest legislation to the extent to which this is required for the rational use, conservation, protection and reproduction of forests, both included and not included in the forest estate, and also of forest-estate lands not covered with forest vegetation.
Property relations arising in the use, conservation, protection and reproduction of forests, both included and not included in the forest estate, and also of forest-estate lands shall be regulated by RF civil legislation, unless the present Code provides otherwise.
Administrative relations, including financial relations, arising in the use, conservation, protection and reproduction of forests, both included and not included in the forest estate, and also of forest-estate lands not covered with forest vegetation shall be regulated by RF forest legislation, in conformity with RF administrative and financial legislation.
Article 6. Objects of Forest Relations
The RF forest estate (hereinafter the "forest estate"), parcels and sectors of the forest estate, the rights of the use thereof, forests not included in the forest estate, parcels and sectors thereof, the rights of the use thereof, and tree-and-bush vegetation shall be objects of forest relations.
Objects of forest relations shall be used and provided with conservation, with due account of the multifunctional importance of forests, and also of the recognition thereof as the main means of production in the forestry.
All forests, except forests located on defence lands and lands of populated localities (settlements), and also forest-estate lands not covered with forest vegetation (forest lands and non-forest lands) shall constitute the forest estate.
The boundaries of the forest estate shall be determined by demarcation of the forest-estate lands from other lands.
Inclusion of lands within the forest estate and withdrawal of lands therefrom shall be effected in the manner established by RF forest and land legislation.
Forest-estate lands shall include forest lands and non-forest lands.
Forest lands shall include lands covered with forest vegetation and not covered therewith, but intended for the restoration thereof (fells, burns, withered stands, thinned stands, bare places, glades, areas under nurseries, non-closed forest crops, and the like.
Non-forest lands shall include lands intended for the needs of forestry (lands under footpaths, bridgeways, roads, arable lands, and other lands), and also other lands situated within the boundaries of the forest estate (lands under bogs, placers, and other lands unfit for use).
Forest-estate parcels shall include areas of the forest, and also areas of forest lands not covered with forest vegetation, and areas of non-forest lands.
The boundaries of forest-estate parcels must be demarcated on the ground by means of forest-estate signs and symbols, and/or indicated in cartographic plan materials (forest maps).
Provisions of RF civil legislation on the objects of civil rights, and also provisions of RF land legislation on land parcels shall apply to parcels of the forest estate and to the rights for the use thereof, unless the present Code provides otherwise.
The requirements of the present Article shall apply to parcels of forests not included in the forest estate, unless Federal laws provide otherwise.
The forest estate and forests not within the forest estate shall not include tree-and-bush vegetation located on:
The forest estate shall not be involved in the flow of commerce. Involvement in the flow of commerce of forest-estate parcels and parcels of forests not within the forest estate, and of the rights of the use thereof shall be allowed to the extent provided for by the present Code.
Purchase and sale, mortgage and performance of other transactions which entail or could entail the alienation of forest-estate parcels, and also of parcels of forests not within the forest estate shall not be allowed.
Transactions with the rights of use of forest-estate parcels and with the rights of use of parcels of forests not within the forest estate shall be effected in the manner established by RF forest legislation and, in the part not regulated by the latter, by civil legislation.
Tree-and-bush vegetation may pass from one person to another in the manner provided for by RF civil legislation and land legislation.
Article 13. Participants in Forest Relations
The RF, the subjects of the RF, municipal entities, citizens and legal persons shall be participants in forest relations.
The participation of the RF, RF subjects, municipal entities, citizens and legal persons in property and administrative relations arising in the use, conservation, protection and reproduction of the objects of forest relations shall be determined by RF civil legislation and administrative legislation, to the extent to which the aforesaid relations are not regulated by the present Code.
In the name of the RF and of RF subjects, the organs of state power of the RF and the organs of state power of RF subjects shall, respectively, take part in forest relations, within the limits of their competence, as established by enactments determining the status of these organs.
In the name of urban and rural settlements and of other municipal entities, the organs of local self-government shall take part in forest relations, within the limits of their competence, as established by enactments determining the status of these organs.
Citizens and legal persons engaged in forestry and/or use of the forest estate, and also of forests not within the forest estate shall be participants in forest relations.
Citizens and legal persons given the right to use forest-estate parcels and the right to use parcels of forests not within the forest estate shall be users of forests.
Section II. Rights of Ownership to Forest Estate and Forests Not Within Forest Estate, and Other Rights of Use of Parcels Thereof
Chapter 4. Basic Provisions
Article 18. Content of Right of Ownership to Forest Estate and Right of Ownership to Forests Not Within Forest Estate
The content of the right of ownership to the forest estate and the right of ownership to forests not within the forest estate shall be determined by the present Code, by RF civil legislation, and by RF land legislation.
The owner shall bear the burden of the costs of conservation, protection, reproduction and arrangement of the rational use of the objects of forest relations belonging to him, and shall have the right to receive income from the use of the forest estate and of forests not within the forest estate.
Possession, use and disposal of the forest estate and of forests not within the forest estate shall be exercised with due account of the global ecological importance of forests, the reproduction thereof, the long term of growth, and other natural properties of forests.
Article 19. Form of Ownership of Forest Estate and of Forests Not Within Forest Estate
The forest estate and forests located on defence lands shall be in Federal ownership.
In conformity with Federal law, the transfer of a part of the forest estate into the ownership of RF subjects shall be allowed.
The forms of ownership of forests located on the lands of urban settlements shall be established by Federal law.
Article 20. Right of Ownership of Citizens and Legal Persons to Tree-and-Bush Vegetation Located on Land Parcel
Tree-and-bush vegetation located on a land parcel held in the ownership of a citizen or a legal person shall belong to them by right of ownership, unless Federal law provides otherwise.
Possession, use and disposal of the aforesaid tree-and-bush vegetation shall be exercised by the owner in conformity with the requirements of RF forest legislation and RF legislation on the vegetable kingdom.
Tree-and-bush vegetation appearing as a result of economic activity or naturally on a land parcel after the transfer thereof into the ownership of a citizen or a legal person shall be their property, whereof they shall have possession, use and disposal, at their own discretion.
Article 21. Forest Servitudes/Easements
Citizens shall have the right freely to stay in the forest estate or in forests not within the forest estate, unless RF legislation provides otherwise (public forest servitude/easement).
The right of citizens and legal persons to use forest-estate parcels and the right to use parcels of forests not within the forest estate may be limited in favor of other interested persons, on the basis of contracts, enactments of state organs, and enactments of organs of local self-government, and also of judicial decisions (private forest servitude/easement).
The provisions of RF civil legislation, RF land and other legislation shall apply to forest servitudes/easements to the extent to which this is not contrary to the requirements of the present Code.
Article 22. Rights of Use of Forest-Estate Parcels and Rights of Use of Parcels of Forests Not Within Forest Estate
Parcels of the forest estate shall be made available to citizens and legal persons for use on the terms and in the manner established by the present Code, under the following rights of use: lease, gratuitous use, concession, and short-term use.
Gratuitous use and short-term use shall be rights of use of parcels of forests not within the forest estate. The content of these rights and other rights of use shall be determined by Federal law.
To the rights of use of forest-estate parcels and the rights of use of parcels of forests not within the forest estate shall apply the provisions of RF civil legislation and RF land legislation, unless the present Code provides otherwise.
The rights of use of forest-estate parcels and the rights of use of parcels of forests not within the forest estate shall be exercised on the basis of recognition of the multifunctional importance of forests (simultaneous use by different persons and for different purposes).
Chapter 5. Origination, Exercise, Restriction, Suspension, Termination and Protection of Rights of Use of Forest-Estate Parcels and Rights of Use of Parcels of Forests Not Within Forest Estate
Article 23. Ground for Origination of Rights of Use of Forest-Estate Parcels and Rights of Use of Parcels of Forests Not Within Forest Estate
The rights of use of forest-estate parcels and the rights of use of parcels of forests not within the forest estate shall originate on the following grounds:
- enactments of state organs;
- contracts;
- judicial decisions;
- other grounds allowed by the present Code.
The rights of use of forest-estate parcels, with the exception of public forest servitude/easement, shall arise from the time of state registration of a contract of lease of a forest-estate parcel, a contract of gratuitous use of a forest-estate parcel, or a contract of concession of a forest-estate parcel; the signing of the record of proceedings on the results of a forest auction; the receipt of a logging permit, an order, or a forest ticket.
Article 24. Rules of Origination of Rights of Use of Forest-Estate Parcels and Rights of Use of Parcels of Forests Not Within Forest Estate
The rights of use of forest-estate parcels and the rights of use of parcels of forests not within the forest estate shall arise on the basis of a contract of lease of a forest-estate parcel, a contract of gratuitous use of a forest-estate parcel, a contract of concession of a forest-estate parcel, and also of a logging permit, an order, or a forest ticket.
The forest user shall have the right, in the cases and on the terms determined by RF forest legislation, and with the owner's consent, to transfer the right of use of a forest-estate parcel or the right of use of a parcel of forest not within the forest estate to a person who is not the forest user's legal successor, in conformity with a contract.
In the event of the death of a forest-user citizen, the right of use belonging to him shall pass to another person, in conformity with bequest or law.
At the reorganization of a forest-user legal person, the right of use belonging to it shall pass to the legal person who is the legal successor of the reorganized legal person, in the manner established by RF legislation.
The right of use a forest-estate parcel and the right of use of a parcels of forest not within the forest estate may pass only to one person, provided the purpose of the use of these parcels is maintained, and provided the legal successor is in possession of the requisite funds for the exercise thereof and, whenever necessary, also of a license for the conduct of the respective activity.
Transition of the right of use of forest-estate parcels shall be given due legal form through the entry of amendments to the contract, logging permit, order, or forest ticket.
Passage from one person to another of the rights of use of a forest-estate parcel made available for use under a contract of concessions of the forest-estate parcel shall be prohibited.
Article 25. Exercise of Rights of Use of Forest-Estate Parcels and Rights of Use of Parcels of Forests Not Within Forest Estate
Forest users shall freely exercise the rights of use of forest-estate parcels and rights of use of parcels of forests not within the forest estate, where this does not worsen the state of forest-estate forests and lands, does not damage the natural environment or violate the rights and legal interests of other persons.
Use of forest-estate parcels and parcels of forests not within the forest estate for the purposes and in ways contrary to the requirements of RF forest legislation shall be prohibited.
Interference by the organs of state power in the activity of forest users in the use of forest-estate parcels and of parcels of forests not within the forest estate shall not be allowed, except in the cases specified by the present Code and by other Federal laws.
Article 26. Restriction and Suspension of Rights of Use of Forest-Estate Parcels and Rights of Use of Parcels of Forests Not Within Forest Estate
The rights of use of foreign-estate parcels and the rights of use of parcels of forests not within the forest estate may be restricted or suspended to the extent to which this is required to ensure the rational use, conservation, protection and reproduction of forests, both included and not included in the forest estate, and also of forest-estate lands not covered with forest vegetation, to protect the principles of the constitutional system, to ensure the country's defence and the security of the state, and to protect the health of the population, the natural environment, the historical, cultural and natural heritage, and the rights and legitimate interests of citizens.
Article 27. Rules of Restriction and Suspension of Rights of Use of Forest-Estate Parcels and Rights of Use of Parcels of Forests Not Within Forest Estate
The rights of use of forest-estate parcels may be restricted or suspended by decisions of the Federal forestry agency or of its territorial agencies, in the following cases:
- breach by a forest user of the requirements of RF forest legislation;
- nonfulfillment by a forest user of the conditions specified in the logging permit, order, or forest ticket.
Where the circumstances or conditions causing a restriction or suspension of the right of use of forest-estate parcels are eliminated, the right shall be re-established to the full extent.
The rules of restriction and suspension of the right of use of parcels of forests not within the forest estate shall be determined by RF legislation.
In the event of disagreement on the part of a forest user with a decision on restriction or suspension of his right to use a forest-estate parcel, the forest user may appeal against the decision in judicial proceedings.
Restriction or suspension of the rights of use of forest-estate parcels or of the rights of use of parcels of forests not within the forest estate shall not relieve forest users of administrative or other liability for breaches of RF forest legislation.
Article 28. Grounds for Termination of Rights of Use of Forest-Estate Parcels and Rights of Use of Parcels of Forests Not Within Forest Estate
The rights of use of forest-estate parcels and the rights of use of parcels of forests not within the forest estate shall be terminated upon a forest user's waiver of the rights of use, upon the expiration of the term of use, upon the termination of the activity of a forest-user legal person, and in other cases specified in the present Code and in RF legislation.
Forcible termination of the right of use of a forest-estate parcel or of the right of use of a parcel of forest not within the forest estate shall be possible only in the following cases:
- systematic (more than on two occasions) breach by a forest user of RF forest legislation;
- accidents, natural disasters, and other extraordinary circumstances;
- systematic nonpayment by a forest user of charges for the use of forest estate or failure to make due payments for three months during one year;
- breach by a forest user of the established rules of use of a forest-estate parcel or of a parcel of forest not within the forest estate, or of the conditions specified by the logging permit, order, or forest ticket;
- nonfulfillment by a forest user of reafforestation or fire-prevention works, and also noncompliance with fire-safety rules in forests;
- withdrawal for state requirements of a forest-estate parcel or of a parcel of forest not within the forest estate.
Termination of the rights of use of forest-estate parcels and of the rights of use of parcels of forests not within the forest estate shall not relieve the forest user of administrative or other liability for breach of RF forest legislation.
Article 29. Rules of Termination of Rights of Use of Forest-Estate Parcels and Rights of Use of Parcels of Forests Not Within Forest Estate
The rights of use of forest-estate parcels shall be terminated as a result of the rescission of a contract of lease of a forest-estate parcel, of a contract of gratuitous use of a forest-estate parcel, of a contract of concession of a forest-estate parcel, or cancellation of a logging permit, order or forest ticket.
Upon a forest user's waiver of the right of use of a forest-estate parcel, this right shall be terminated under the forest user's application in writing.
Forcible termination of the rights of use of forest-estate parcels shall be effected by the territorial agencies of the Federal forestry agency, with due notice in writing served on the forest user and notification addressed to the organ of executive power of the respective RF subject.
The rules of termination of the rights of use of parcels of forests not within the forest estate shall be determined by RF legislation.
Article 30. Judicial Protection of Rights of Use of Forest-Estate Parcels and Rights of Use of Parcels of Forests Not Within Forest Estate
Protection of violated or contested rights of use of forest-estate parcels and rights of use of parcels of forests not within the forest estate shall be effected in judicial proceedings.
Chapter 6. Lease of Forest-Estate Parcel, Gratuitous Use, Concession and Short-Term Use of Forest-Estate Parcels
Article 31. Contract of Lease of Forest-Estate Parcel
Under a contract of lease of a forest-estate parcel, the forestry farm of the Federal forestry agency (lessor) shall undertake to make available to a forest user (lessee) a parcel of the forest estate, for a charge, for a period of between one year and forty-nine years, for the conduct of one or several types of forest use.
The forest resources (products) obtained under a contract of lease of a forest-estate parcel shall be in the ownership of the lessee.
Sublease of forest-estate parcels shall be prohibited.
The lease of forest-estate parcels shall be regulated by the present Code, by civil legislation, and by the Statute of Lease of Forest-Estate Parcels, as confirmed by the RF Government.
Article 32. Form and State Registration of Contract of Lease of Forest-Estate Parcel
A contract of lease of a forest-estate parcel shall be done in writing and shall be subject to state registration, in conformity with civil legislation.
From the time of state registration, the contract of lease of a forest-estate parcel shall be deemed concluded.
Article 33. Terms of Contract of Lease of Forest-Estate Parcel
A contract of lease of a forest-estate parcel shall state the following conditions:
- the boundaries of the forest-estate parcel;
- the types of forest use;
- the extent (amount) of forest use;
- the period of lease;
- the rental charge and the procedure of payment thereof;
- the duties of the parties in the conservation and protection of the forest-estate parcel and in the reproduction of forests;
- the rules of payment to the forest user for the forestry works carried out by him;
- other conditions specified in RF forest legislation, and those determined at the discretion of the parties.
Article 34. Rules of Granting of Forest-Estate Parcels for Lease
Forest-estate parcels shall be granted for lease on the basis of decisions of the organs of state power of RF subjects taken on the motion of territorial agencies of the Federal forestry agency or on the results of forest tenders.
The opinion on the transfer of forest-estate parcels for lease shall be drawn up by territorial agencies of the Federal forestry agency, with the participation of the organs of local self-government and of forest users.
On the basis of decisions of the organs of state power of RF subjects, forest-estate parcels shall be granted for lease for a period of between one and five years to forest users carrying on their activity in the given territory for a long time and in possession of production capacities for stocking and processing wood and other forest resources, and also to agricultural organizations located in the given territory.
The granting of forest-estate parcels for lease must be effected publicly, with due account of the interests of the population living in the respective territory.
The lessee must have a license for carrying on the respective activity.
Forest-estate parcels granted for lease shall not be subject to transfer into the ownership of the lessee upon the expiry of the period of lease. The buyout of leased parcels shall be prohibited.
Article 35. Rules of Holding Forest Tenders
Forest-estate parcels shall be granted for lease on the results of forest tenders, except in the cases specified in part three of Article 34 of the present Code.
A commission shall be set up for holding a forest tender. The commission for holding a forest tender shall include representatives of the organ of state power of the RF subject (chairman), of the territorial agency of the Federal forestry agency (deputy chairman), of expressly authorized representatives of state agencies in the protection of the natural environment, and of interested organizations. The membership of the commission shall be confirmed by the organ of state power of the RF subject.
Forest tenders shall be arranged and held by territorial agencies of the Federal forestry agency.
Forest-estate parcels shall be put up for forest tender by the organ of state power of the RF subject, on the motion of the territorial agency of the Federal forestry agency.
The person winning a forest tender and the organizer of the forest tender shall sign a statement on the results of the forest tender, as the basis for conclusion of a contract of lease of the forest-estate parcel.
The arrangement and holding of forest tenders shall be carried out in the manner determined by the Federal forestry agency, in conformity with the present Code and civil legislation.
Article 36. Contract of Gratuitous Use of Forest-Estate Parcel
Under a contract of gratuitous use of a forest-estate parcel, the forestry farm of the Federal forestry agency shall undertake to make available to the forest user a parcel of the forest estate for gratuitous use for a period of up to forty-nine years for engaging in one or several types of forest use.
Forest-estate parcels shall be granted for gratuitous use on the basis of decisions of the organs of state power of RF subjects taken on the motion of territorial agencies of the Federal forestry agency.
The rules for granting forest-estate parcels for gratuitous use shall be determined by the present ode, by civil legislation, and by a statute confirmed by the RF Government.
Article 37. Contract of Concession of Forest-Estate Parcel
Under a contract of concession of a forest-estate parcel, one party shall undertake to grant to another party, for a period of between one year and forty-nine years, the right of use for value, on certain conditions, of forest resources on the respective parcel of the forest estate.
Under a contract of concession, provision shall be made of use of forest-estate parcels which are, as a rule, undeveloped, without an existing infrastructure, and requiring considerable funds for involving these parcels in working operation.
Concession of forest-estate parcels shall be regulated by the present Code and by other Federal laws.
Article 38. Parties to Contract of Concession of Forest-Estate Parcel
The RF Government or a duly authorized Federal agency of executive power, and persons recognized as investors under RF legislation shall be parties to a contract of concession of a forest-estate parcel.
Article 39. Form and State Registration of Contract of Concession of Forest-Estate Parcel
A contract of concession of a forest-estate parcel shall be concluded in writing, and shall be subject to state registration, in conformity with RF civil legislation and RF legislation on concession.
Article 40. Terms of Contract of Concession of Forest-Estate Parcel
A contract of concession of a forest-estate parcel shall state the following conditions:
- the boundaries of the forest-estate parcel;
- the types of forest use;
- the extent (amount) of forest use;
- the concession period;
- the parties' duties in the conservation and protection of the forest-estate parcel and in the reproduction of forests;
- the rules of sharing of the extracted forest resources (products) or provision of services;
- the types and rules of assessment and payment of taxes, levies, and other charges;
- the investor's duties in the building and maintenance of roads and other infrastructure facilities;
- other conditions specified by RF legislation and determined at the discretion of the parties.
Article 41. Rules of Conclusion of Contract of Concession of Forest-Estate Parcel
A contract of concession of a parcel of the forest estate shall be concluded on the results of a tender or auction.
Forest-estate parcels granted for concession shall be put up for tender or auction by the RF Government, in coordination with the organ of state power of the respective RF subject.
The arrangement and rules of holding the aforesaid tenders and auctions shall be established by RF legislation.
Article 42. Logging Permit, Order and Forest Ticket
Forest use shall be allowed only on the basis of a logging permit, of an order, or of a forest ticket.
A contract of lease of a forest-estate parcel, a contract of gratuitous use of a forest-estate parcel, a contract of concession of a forest-estate parcel, a statement on the results of a forest auction or a decision by the organ of state power of the RF subject shall be ground for the issue of a logging permit and/or of a forest ticket.
A logging permit, an order and/or a forest ticket shall be issued to a forest user at short-term use of the forest estate, for a period of up to one year. A logging permit for the procurement of soft resin shall be issued to a forest user for the entire period of forest-stand gash.
A logging permit and/or a forest ticket shall be issued to a forest user annually, for carrying on the types of forest use specified in the respective contract.
A logging permit, an order, and a forest ticket shall give a forest user the right to carry on only the type of forest use specified therein, to the established extent (amount), and on the concrete parcel of the forest estate.
A logging permit shall be a document giving a forest user the right of procurement and out-shipment of wood, soft resin, and secondary forest resources. A logging permit shall be issued by the forestry farm of the Federal forestry agency.
A logging permit issued to a forest warden shall be ground for the issue of an order by the forest warden.
On the basis of an order, the forest user shall carry on separate types of procurement and out-shipment of wood, and procurement of secondary forest resources. On the basis of an order, the forest warden may effect, without the issue of a logging permit, the supply of stands of wood in small lots by way of clearance of fallen, dead-stand and wind-felled wood.
A forest ticket shall be a document granting the forest user the right to effect forest use, except the types of forest use specified in part six of the present Article. The forest ticket for the conduct of by-product forest use shall be issued by the forest warden, and for the conduct of other types of forest use, by the forestry farm of the Federal forestry agency.
Forestry farms of the Federal forestry agency shall take out a logging permit or a forest ticket, in the established manner, for the performance by them of forestry works (intermediate-use cuttings, other cuttings and other works).
The formats of the logging permit, order and forest ticket, and the procedure for the recording, safekeeping, fillout and issue thereof to a forest user shall be established by the Federal forestry agency.
Article 43. Rules of Granting Forest-Estate Parcels for Short-Term Use
Forest-estate parcels shall be made available for short-term use for a period of up to one year, on the results of a forest auction or on the basis of decisions taken by the organs of state power of RF subjects, through the issue of logging permits, orders or forest tickets.
On the basis of decisions by the organs of state power of RF subjects, forest-estate parcels shall be made available for short-term use to forest users in order to satisfy the requirements of general educational institutions, pre-school educational institutions, and other institutions financed from the respective budget, of agricultural organizations and of the population respectively located and living in the given territory.
Article 44. Rules of Holding Forest Auctions
Forest-estate parcels shall be made available for short-term use on the results of forest auctions, except in the cases specified in part two of Article 43 of the present Code.
An auction commission shall be set up to hold a forest auction. The membership of the auction commission shall be confirmed by the organ of state power of the RF subject.
Forest auctions shall be arranged and held by the territorial agencies of the Federal forestry agency.
Forest resources shall be put up for forest auction by the organ of state power of the RF subject, on the motion of the territorial agency of the Federal forestry agency.
The person winning a forest auction and the organizer of the forest auction shall sign a statement on the results of the forest auction, which shall have the force of a contract.
The arrangement and holding of forest auctions shall be effected in the manner determined by the Federal forestry agency, in conformity with the present Code and civil legislation.
Article 45. Statement of Forest Auction
The statement (record) of a forest auction shall contain the following:
- the boundaries of the forest-estate parcel;
- the types of forest use;
- the extent (amount) of forest use;
- the charge for the use of the parcel of the forest estate and the rules for the payment thereof;
- other conditions of the forest auction.
Section III. State Administration in Use, Conservation and Protection of Forest Estate and Reproduction of Forests
Chapter 7. Principles of State Administration in Use, Conservation and Protection of Forest Estate and Reproduction of Forests
Article 46. RF Powers in Use, Conservation and Protection of Forest Estate and Reproduction of Forests
RF powers in the use, conservation and protection of the forest estate and in the reproduction of forests shall include the following:
- formulation of the main lines of state policy in forestry;
- elaboration and adoption of Federal laws and other RF normative legal enactments, and control of the observance thereof;
- possession, use and disposal of the forest estate;
- conduct of a single investment policy in the use, conservation and protection of the forest estate and in the reproduction of forests; the drawing up, confirmation and implementation of Federal state programmes for the use, conservation and protection of the forest estate and for the reproduction of forests;
- organization and establishment of the rules of activity of the Federal forestry agency and of its territorial agencies;
- establishment of the rules of distribution of the forest estate by groups of forests and demarcation of first-group forests by categories of protection, transfer of forests from one group to another, and of first-group forests from one category of protection to another;
- establishment of the norms and rules of use of the forest estate;
- determination and confirmation of the rated cutting-area;
- establishment of the types of charges for the use of the forest estate, and also of minimum rates of payment for wood supplied in stands;
- establishment of the rules of making forest-estate parcels available for use;
- confirmation of the rules of supply of wood in stands, forest cuttings, conservation and protection of the forest estate, and reproduction of forests;
- organization and coordination of R&D works in forestry;
- exercise of state control of the use, conservation and protection of the forest estate and reproduction of forests, and establishment of procedures for the exercise of such control;
- establishment of the rules and organization of the keeping of state records of the forest estate, of the state forest cadastre, of forest monitoring and forest management;
- conduct of international cooperation of the RF in the use, conservation and protection of the forest estate and in the reproduction of forests;
- conclusion and arrangement of implementation of RF international treaties in the use, conservation and protection of the forest estate and in the reproduction of forests;
- establishment of the rules for state statistical records and reports in forestry;
- suspension, restriction and termination of the rights of use of forest-estate parcels, and also suspension, restriction and termination of works posing a hazard to the state and reproduction of forests;
- transfer of forest lands to non-forest lands for purposes not connected with forestry or use of the forest estate, and/or withdrawal of forest-estate lands in first-group forests;
- declaration of forest-estate parcels as zones of ecological emergency situations and zones of ecological disaster;
- other powers referred to the powers of the RF by the RF Constitution and by Federal laws.
Article 47. Powers of RF Subjects in Use, Conservation and Protection of Forest Estate and in Reproduction of Forests
The following shall be among the powers of RF subjects in the use, conservation and protection of the forest estate and in the reproduction of forests:
- elaboration, confirmation and implementation of territorial (regional) state programmes for the use, conservation and protection of the forest estate and for the reproduction of forests;
- drafting and adoption of laws and other normative legal enactments of RF subjects;
- participation in the exercise of the rights of possession, use and disposal of the forest estate in the territories of the respective RF subjects;
- participation in the drawing up and implementation of Federal state programmes for the use, conservation and protection of the forest estate and for the reproduction of forests;
- adoption of decisions on the granting of forest-estate parcels for lease, gratuitous use, and short-term use, in conformity with the present Code;
- establishment of the boundaries of forest-estate parcels with a special regime of forestry and forest use in territories traditionally inhabited by numerically small native peoples and ethnic entities;
- establishment of the rates of forest duties and rates of rental payment (except the minimum rates of payment for wood supplied in stands), and also payment for transfer of forest lands to non-forest lands;
- exercise of state control of the state, use, conservation and protection of the forest estate and of the reproduction of forests;
- suspension, restriction and termination of works posing a hazard to the state and reproduction of forests;
- organization of fulfillment of measures in the protection of forests against fires and protection of forests against pests and forest diseases;
- organization of the upbringing, education and enlightenment of the population in the use, conservation, protection and reproduction of forests;
- provision of the population with the requisite information on matters in the use, conservation, protection and reproduction of forests;
- transfer of forest lands to non-forest lands for purposes not connected with forestry or use of the forest estate, and/or withdrawal of forest-estate lands in forests of the second and third groups;
- other powers not referred to the powers of the RF.
Article 48. Demarcation of Powers Between RF Organs of State Power and Organs of State Power of RF Subjects in Use, Conservation and Protection of Forest Estate and in Reproduction of Forests
The powers of the organs of state power of the RF and of the organs of state power of RF subjects in the use, conservation and protection of the forest estate and in the reproduction of forests shall be established by the present Code, and also by the treaties, concluded in conformity with the RF Constitution, on the demarcation of the objects of competence and authority between the organs of state power of the RF and the organs of state power of RF subjects.
Article 49. Powers of Organs of Local Self-Government in Use, Conservation and Protection of Forest Estate and in Reproduction of Forests
The organs of local self-government may be vested with certain state powers in the use, conservation and protection of the forest estate and in the reproduction of forests, in conformity with RF legislation.
Article 50. Basic Principles of State Administration in Use, Conservation and Protection of Forest Estate and in Reproduction of Forests
State administration in the use, conservation and protection of the forest estate and in the reproduction of forests shall be based on the following principles:
- stable development (balanced development of the economy and improvement of the state of the natural environment);
- rational, continuous and non-depletion use of the forest estate in the interests of the RF and of RF subjects;
- incompatibility of exercise of functions of state administration in the use, conservation and protection of the forest estate and in the reproduction of forests with the conduct of main-use cuttings and processing of the wood obtained by means of cuttings.
Chapter 8. System of Executive-Power Agencies Conducting State Administration in Use, Conservation and Protection of Forest Estate and Reproduction of Forests
Article 51. Federal Agencies of Executive Power Conducting State Administration in Use, Conservation and Protection of Forest Estate and in Reproduction of Forests
State administration in the use, conservation and protection of the forest estate and in the reproduction of forests shall be conducted by the RF Government directly or through duly authorized Federal agencies of executive power.
Article 52. Agencies of Executive Power of RF Subjects in Use, Conservation and Protection of Forest Estate and in Reproduction of Forests
State administration in the use, conservation and protection of the forest estate and in the reproduction of forests in the territory of RF subjects, in the part of the powers of RF subjects, shall be conducted, respectively, by the agencies of executive power of the republics, territories, regions, cities of Federal importance, the autonomous region, and autonomous areas.
The organs of executive power of RF subjects shall exercise their powers in the use, conservation and protection of the forest estate and in the reproduction of forests in the territory of RF subjects directly or through the territorial agencies of the Federal forestry agency, where this is provided for by an agreement between the respective Federal agencies of executive power and agencies of executive power of RF subjects on the transfer of the exercise of part of the powers.
Article 53. Federal Forestry Agency
The Federal forestry agency shall ensure the rational use, conservation and protection of the forest estate and the reproduction of forests in the interests of the RF and of RF subjects, and shall be an expressly authorized state agency of administration in the use, conservation, protection and reproduction of natural resources in the areas of state administration assigned to it by the RF Government.
The Federal forestry agency shall exercise the powers vested in it directly and through its territorial agencies.
The territorial agencies of the Federal forestry agency shall include the forestry agencies of the RF subjects and forestry farms of the Federal forestry agency, including forestry-farm technical colleges, experimental and other specialized forestry units.
The national parks of the Federal forestry agency shall exercise state administration in the use, conservation and protection of the forest estate and in the reproduction of forests in the respective territory of the forest estate, and shall be vested with the rights of forestry farms of the Federal forestry agency.
Forestry farms and national parks of the Federal forestry agency shall conduct forestry management to the extent to which this is necessary for exercising the functions of state administration in the use, conservation and protection of the forest estate and in the reproduction of forests.
The Federal forestry agency shall set up, for the rational use, conservation and protection of the forest estate and for the reproduction of forests, specialized organizations for the aerial protection of forests against fires and for combatting forest pests and diseases, forest-management organizations, and the like.
The statute of the Federal forestry agency shall be confirmed by the RF Government.
Chapter 9. Principles of Forestry Organization
Article 54. Main Requirements on Forestry Management
Measures in forestry and in the use of the forest estate must be carried out by methods not inflicting damage on the natural environment, on natural resources or on human health.
The management of forestry must ensure the following:
- preservation and strengthening of environment-forming, water-conservancy, protection, sanitation-and-hygiene, health-improvement, and useful natural properties of forests for safeguarding human health;
- multipurpose, continuous and non-depletion use of the forest estate for the satisfaction of the requirements of the society and individual citizens in wood and other forest resources;
- reproduction and improvement of the species mix and quality of forests, the increase in the productivity thereof, and the conservation and protection of forests;
- rational use of the lands of the forest estate;
- enhancement of efficiency in the management of forestry on the basis of a single technical policy and use of the achievements of science, technology and advanced experience;
- preservation of the biological diversity;
- preservation of objects of the historical, cultural and natural heritage.
Article 55. Groups of Forests and Protection Categories of First-Group Forests
In conformity with the economic, ecological and social importance of the forest estate, its location and functions, the forest estate shall be divided by groups of forests, and forests of the first group differentiated by categories of protection.
Forests of the first, second and third group shall be identified within the forest estate.
Expressly protected parcels of forests with a restricted regime of forest use (bank and soil-protection forest sectors along the shores of bodies of water, slopes of gullies and gorges, edges of forests on the borders of treeless territories, the haunts and habitats of rare and endangered species of wild animals, plants, etc.) may be identified within the forests of the aforesaid groups.
Main-use cuttings may be prohibited in the expressly protected forest parcels. Decisions on the prohibition of main-use cuttings in these parcels shall be taken by the organs of state power of RF subjects, on the proposals of the territorial agencies of the Federal forestry agency.
Depending on the group of forests and the protection category of first-group forests, rules shall be established for the management of forestry therein, the use of the forest estate, and also the rules for withdrawal of forest-estate parcels.
Article 56. First-Group Forests
First-group forests shall include forests whose main purpose is fulfillment of water-conservancy, protection, sanitation-and-hygiene, health-improvement and other functions, and also forests of expressly protected natural territories.
First-group forests shall be divided into the following protection categories:
- restricted forest belts along the banks of rivers, shores of lakes, water reservoirs, and other bodies of water;
- restricted forest belts protecting the spawning-grounds of valuable marketable fish;
- anti-erosion forests;
- shelter belts of forests along trunk-line railroads and automobile roads of Federal, republican and regional importance;
- state shelter forest belts;
- strip coniferous forests;
- forests on desert, semi-desert, steppe, forest-steppe and sparse-forest highland territories which are of key importance for the protection of the natural environment;
- forests of green zones of settlements and economic entities;
- forests of the first and second belts of zones of sanitary protection of water-supply sources;
- forests of the first, second and third zones of districts of sanitary (highland-sanitary) protection of health resorts;
- especially valuable forest tracts;
- forests of scientific or historical importance;
- natural monuments;
- marketable-nut areas;
- fruit-tree plantings;
- subtundra forests;
- forests of state nature reserves;
- forests of national parks;
- forests of natural parks;
- preserve forest sectors.
Article 57. Second-Group Forests
Second-group forests shall include forests in areas with high population density and a ramified network of ground transport ways, forests with water-conservancy, shelter, sanitation-and-hygiene, health-improvement and other functions, and with limited importance for exploitation, and also forests in areas with inadequate forest resources whose preservation requires restriction on the regime of forest use.
Article 58. Third-Groups Forests
Third-group forests shall include forests of areas abounding in forests and mainly of exploitation importance, The preservation of the ecological functions of these forests must be ensured in the procurement of wood.
Third-group forests shall be divided into developed and reserve forests.
The criteria for classifying third-group forests as reserve forests shall be established by the Federal forestry agency.
Article 59. Determination of Boundaries of Lands Under Forests of Each Forest Group and of Each Protection Category of First-Group Forests
In classifying forests by forest groups and protection categories of first-group forests, determination shall be made simultaneously of the boundaries of the forest-estate sectors for each forest group and each protection category of first-group forests, in the manner established by the present Code.
The parameters of expressly protected sectors of forests shall be confirmed by the organs of state power of RF subjects, on the motion of the territorial agencies of the Federal forestry agency, on the basis of materials on forest organization or special studies. The schedule of expressly protected forest sectors shall be established by the Federal forestry agency.
Article 60. Rules of Classifying Forests by Forest Groups and Protection Categories of First-Group Forests
Classification of forests by forest groups and protection categories of first-group forests, and also transfer of forests from one forest group or protection category of first-group forests, respectively, to another group or category shall be effected on the basis of materials on forest organization and special studies, in the manner established by the RF Government.
Classification of forests as strip coniferous forests, shelter belts along trunk-line railroads and automobile roads of Federal, republican and regional importance, restricted forest belts along the banks of rivers, shores of lakes, water reservoirs, and other bodies of water, forests on desert, semi-desert, steppe, forest-steppe and sparse-forest highland territories which are of key importance for the protection of the natural environment, where this classification does not involve the transfer of forests from one forest group to another, shall be effected by the organs of state power of RF subjects, on the motion of the territorial agency of the Federal forestry agency.
Article 61. Rules of Establishment of Cuttings Age
The age of cuttings shall be determined proceeding from the importance and productivity of forests, their functions, and also from the biological specifics of the species of trees growing therein.
Substantiation of the age of cuttings shall be made at forest organization or on the results of scientific research.
Establishment of the age of cuttings shall be effected by the Federal forestry agency.
Article 62. Rated Wood-Cutting Area and Rules of Establishment Thereof
The rated wood-cutting area shall be determined at forest organization for each forestry farm of the Federal forestry agency separately for each farm (coniferous, soft-deciduous and hard-deciduous), within the limits of the forest groups, proceeding from the principles of rational, continuous and non-depletion use of the forest estate.
The Federal forestry agency shall designate the cases in which the rated wood-cutting area is established for each forest-warden unit and forest-estate parcel made available for lease, gratuitous use and on concession.
The rated wood-cutting areas shall be confirmed by the Federal forestry agency, with the participation of the organ of state power of the RF subject and an expressly authorized state agency in the protection of the natural environment.
The rated wood-cutting area shall be put into effect from the first of January of the year following upon the year of completion of forest-organization works.
The rated wood-cutting area for each RF subject shall be determined as the sum of the rated wood-cutting areas, confirmed in the established manner, for the respective forestry farms of the Federal forestry agency.
At changes in the boundaries of forest-estate sectors, cuttings age, forest groups, protection categories of first-group forests, and also at other changes in the forest estate, the rated wood-cutting area shall be determined and confirmed anew, in the manner established by the present Article.
Article 63. Rules of Transfer of Forest Lands to Non-Forest Lands for Use Thereof for Purposes not Connected with Forestry or Use of Forest Estate, and/or Rules of Withdrawal of Forest-Estate Lands
Transfer of forest lands to non-forest lands for use thereof for purposes not connected with forestry or use of the forest estate, and/or withdrawal of forest-estate lands shall be effected as follows:
- in first-group forests - by the RF Government, on the motion of the organ of state power of an RF subject, coordinated with the Federal forestry agency;
- in second and third-group forests - by the organ of state power of an RF subject, on the motion of the respective territorial agency of the Federal forestry agency.
At transfer of forest lands to non-forest lands for use thereof for purposes not connected with forestry or use of the forest estate, and/or at withdrawal of forest-estate lands, citizens and legal persons in whose interests the aforesaid transfer and/or withdrawal is effected shall be charged a fee the amount whereof shall be established by the organ of state power of the RF subject on the basis of a cadastral assessment of the forest-estate parcel up for transfer and/or withdrawal, which shall be remitted to the forestry farm of the Federal forestry agency to cover the losses of the forestry farm.
The losses arising from the withdrawal of forest-estate lands shall be compensated to the forest user to the full extent, in the manner established by the RF Government.
The rules of transfer of forest lands to non-forest lands for use thereof for purposes not connected with forestry or use of the forest estate, and/or the rules of withdrawal of forest-estate lands shall be established by the RF Government.
Article 64. Rules of Transfer of Forest Lands to Non-Forest Lands for Use Thereof for Purposes Connected with Forestry and Use of Forest Estate
Transfer of forest lands to non-forest lands for use thereof for purposes connected with forestry and use of the forest estate shall be effected by the respective forestry farm of the Federal forestry agency, with the permission of the territorial agency of the Federal forestry agency in the RF subject.
On forest-estate parcels transferred for lease or on concession, in the building by the forest user of tree-haulage roads expected to be in operation for over two years, erection by the forest user of buildings, structures and wood-storage yards for the forest-use period, the transfer of forest lands to non-forest lands shall be effected in the manner established in part one of the present Article.
The decision by a territorial agency of the Federal forestry agency in an RF subject on the transfer of forest lands to non-forest lands for use thereof for purposes connected with forestry and use of the forest estate shall indicate the place of location of the forest-estate parcel, its area, the purpose and time period for which the transfer is effected, t
