- 08.11.2006

New redaction of Forest Code of Russian Federation carried on the third reading by State Duma

New redaction of Forest Code of Russian Federation was carried on the third reading by State Duma at plenary session on November 7.

The document aims at introduction of legal norms of regulation of questions of forest conservation and protection and requirements of forestry, taking into account its ecological and recreation functions.

The Code establishes a right of citizens to stay freely and gratis in forests and store up wild fruits, berries, nuts, mushrooms and other food and non-woody forest resources for proper needs.

The Code establishes federal property on lands of forest fund and timber lands as part of such lands; pattern of ownership for timber lands located in other categories of lands is determined in compliance with land laws.

New classification of forests is established according to their economic, ecological and social significance, as well as legal regime of their utilization. The Code regulates composition and legal regime of protection forests and restriction of business activity there. Particularities of conservation, protection and reproduction of forests functioning as protection of natural and other objects is established by authorized federal authorities of executive body. It is determined secret list of kinds of utilization of forests and specifics of timber land utilization for each kind of utilization, specifics of forests utilization in places of traditional leaving and activity of native minorities of North, Siberia and Far East.

The Code determines regulations concerning forests reclamation and creation of forest and timber-processing infrastructure, utilization of objects which don’t concern forest infrastructure, investment activity in sphere of forest reclamation, which aim at intensification of utilization of forest resources, stimulation of wood-processing in Russian Federation.

Forest utilization is realized on the right of permanent or termless utilization of forest lands, right of limited utilization of other’s forest lands (servitude), right of lease and right of gratuitous timed utilization of forest lands. In exceptional cases the possibility of conclusion of a sales and purchase contracts of forest ranges for felling. Object of a lease may be only forest lands in state or municipal property after state cadastral account. Terms of lease may be fixed within the range from 10 to 49 years for contracts concluded at auction and within the range from 1 to 49 years for contracts concluded without conduction of auction.

The Code determines credentials of Russian Federation, its constituent entities and municipal formations in the sphere of forest relations with reauthorization in favour of regions, antimonopoly claims in the sphere of utilization, conservation, protection and reproduction of forests. Forest lands are rendered to state and municipal institutions on right of termless utilization. In compliance with the document forestries and forest parks are determined as main territorial entities of forest management.

Furthermore, the code contains regulation according to which federal center resigns a number of commission on forest fund management to public authorities of constituent entities of Russian Federation.

State Duma has also carried on the third reading a draft on enactment of Forest Code of Russian Federation with effect from January 1, 2007. This draft defines that felling licenses, orders or forest land plot usage permits, given before enactment of Forest Code are valid till termination of period of their validity.

Before termination of period of the validity of these documents, lease contract for plots of forest fund and contracts of free use of plots of forest fund should be brought to conformity with Forest Code. Executive bodies have a right to give felling licenses, orders or forest land plot usage permits with period of validity till January 1, 2008 for short-term utilization of forest fund and accomplishment of forestry works.

In compliance with the draft, forestries are to be reorganized in compliance with civil legislation before January 1, 2008.The government of Russian Federation has to adopt corresponding regulatory legal acts for realization of regulations of Forest Code before July 1, 2007, and secure passing of property on forestries from Russian Federation to entities of Russian Federation before February 1, 2007.


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