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.