Legal regime of forests

General Provisions

The legal regime of forests in the Russian Federation establishes a legal basis for the use, protection, safeguarding, and reproduction of forests taking into account their ecological, economic, and social significance. Forests cover approximately 70% territory of the country and are a key natural resource ensuring the maintenance of ecological balance, oxygen regeneration, and preservation of biodiversity. In accordance with the Forest Code of the Russian Federation (FC RF) forest legislation is regulated on the federal

at the federal and regional levels, as well as by decrees of the President and resolutions of the Government of the Russian Federation, while normative acts of executive authorities and local self-government bodies must not contradict federal legislation.

The legal regime of forests includes establishing their legal status as an ecological system and natural resource. Forests are considered not only as a collection of vegetation but also as a biological complex with territorial integrity, which ensures their sustainable functioning. The main principles of forest use include multifunctional, rational, continuous, and non-exhaustive use, while taking into account requirements for conservation and reproduction of forest resources and biodiversity.

Legislation [/enc/32121/ "Definition of the term 'Legislation' in the legal encyclopedia"] regulates the rights and obligations of citizens and legal entities when using forests for economic activities, harvesting forest food resources, and collecting medicinal plants. For example, the right to collection of forest resources is accompanied by restrictions by method of harvesting, terms and norms established by the forestry regulation, taking into account the need to preserve biodiversity. Judicial [practice](/enc/29349/

"The definition of the term 'Practice' in the legal encyclopedia confirms that failure to comply with these requirements, as in the case of harvesting birch boletes (chaga) in the Republic of Tuva, is a basis for refusing to issue permits for export of forest resources."

Thus, the legal regime of forests provides a comprehensive approach to their use and protection: it regulates property and usage relationships, establishes restrictions and obligations for forest users, enshrines measures to protect against fires, harmful organisms, and pollution, as well as creates conditions for forest reproduction and sustainable development of the forest fund. This regime is aimed at preserving the ecological integrity of forests and ensuring their rational use in the interests of society and the state.

As noted in the state report «On the State and Protection of the Environment of the Russian Federation in 2010»¹, the forest fund of the Russian Federation occupies about 70% of the territory of landmass and is the most important stabilizing natural complex of the country. Forests have been and remain the main type of vegetation cover on vast areas of Russia. The total area of lands in the Russian Federation covered by forests amounted to January 1, 2010.

1,183.7 million ha (increase of 5.1 million ha by compared to 2009), including area of forest fund land – 1,143.5 million ha (increase of 8.8 million ha). In ecological and legal science, the Amazonian rainforest and Siberian taiga are called «the lungs of the planet»², emphasizing thereby the important role of forests in ensuring a favorable state of the environment through oxygen regeneration.

Forest legislation[/enc/32121/ "Definition of the term 'Legislation' in the legal encyclopedia"]³, as well as issues related to ownership, use, and disposal of natural resources (including forests)⁴, are within the joint jurisdiction of the Russian Federation and the subjects of the Russian Federation. The relevant provisions of the Constitution of the Russian Federation are clarified in Article 2 of the Forest Code of the Russian Federation. This article also establishes that forest legislation consists of the Forest Code of the Russian Federation, other federal laws, and laws adopted by the subjects of the Russian Federation in accordance with them.

Forest relations may also be regulated by decrees of the President of the Russian Federation, which must not contradict the Forest Code of the Russian Federation, other federal laws. Government of the Russian Federation issues normative legal acts regulating forest relations within the powers defined by the Forest Code of the Russian Federation, other federal laws, as well as decrees of the President of the Russian Federation. Federal executive authorities issue normative legal acts regulating forest relations,

in cases provided for by the Federal Law of the Russian Federation No. 125-FZ "On Licensing Certain Types of Activities", other federal laws, as well as orders of the President of the Russian Federation and decisions of the Government of the Russian Federation.

On the basis of and in accordance with the Forest Code of the Russian Federation, other federal laws, laws of the subjects of the Russian Federation, decrees of the President of the Russian Federation, resolutions of the Government of the Russian Federation executive authorities of the subjects of the Russian Federation within their authority may issue normative legal acts regulating forest relations. On the basis of and in accordance with the Forest Code of the Russian Federation, other federal laws, laws of the subjects of the Russian Federation, decrees of the President of the Russian Federation, resolutions of the Government of the Russian Federation

local self-government bodies within their authority may issue municipal legal acts regulating forest relations.

Alongside the Forest Code of the Russian Federation (ЛК РФ), the main federal laws defining the legal regime of forests include: Federal Law «On Environmental Protection» (which defines the legal regime for all components of the natural environment, including forests); Federal law «On Fire Safety»⁵.

In the previously applicable Forest Code of the Russian Federation of 1997, regulation of forest relations was carried out taking into account the concept of forests as a collection of forest vegetation, land, wildlife and other components of the surrounding natural environment having important ecological, economic and social significance⁶.

According to the current Russian Federation Forestry Code (LKF), use, protection, defense, forest reproduction are carried out based on the concept of a forest as an ecological system or as a natural resource (Article 5 of the Russian Federation Forestry Code (LKF)). According to the opinion of Yu.I. Shuplecova, in this

In the definition, the main meaning has been lost—the primary element allowing several plants to be united under the common concept of "forest." This commonality is biological and territorial unity. Plants growing on a limited territory representing a unified biological complex form the basis of all forests⁷.

Judicial Practice

Refusal to issue a conclusion (permits) for the export of forest food resources is lawful if the harvesting of such resources has been carried out in violation of the requirements for the conservation and reproduction of biodiversity on the forested area.

The commercial company submitted an application to Rosprirondrazor requesting the issuance of a certificate (permittive document) for the export beyond the territory of the Russian Federation of birch mushroom (chaga), belonging to the company and harvested on state forest lands.

Following consideration of the application, Rosprirondrazor issued a decision to refuse the issuance of the certificate, motivated by non-compliance with the conditions established by legislation for harvesting that ensure the preservation and reproduction of biodiversity of forest resources of the Russian Federation.

Disagreeing with the refusal to issue the certificate, the company challenged this decision in court.

The decision of the [court](/enc/32702/ "Definition of 'court' in the legal encyclopedia) of first instance, left unchanged by the appellate and cassation courts, deemed the refusal to issue the certificate lawful on the following grounds.

In accordance with the current legal regulation within the Eurasian Economic Union premises wild live animals and (or) wild-growing plants are subject to the customs procedure of export upon submission to the customs authority of the member state of a license, for which applicants submit documents certifying the legality of preparation, collection, harvesting or capture and (or) ownership of wild live animals and (or) wild-growing plants.

In accordance with Part 1 of Article 12 of the Forest Code of the Russian Federation, forest utilization is carried out in order to ensure their multifunctional, rational, continuous, and non-exhaustive use, as well as the development of the forestry complex. According to paragraph 4 of Part 1 of Article 25 of the Forest Code of the Russian Federation, types of forest use include procurement of food resources and collection of medicinal plants.

The rights and obligations of citizens and legal entities engaged in the use of forests for gathering food forest resources and collection of medicinal plants are established by the Rules for the Gathering of Food Forest Resources and Collection of Medicinal Plants (approved by the order of the Ministry of Natural Resources of Russia dated July 28, 2020 No. 494, hereinafter referred to as Rules) in accordance with paragraph 6 of article 81 of the Russian Forest Code (ЛК РФ).

Points 13 and 15 of the Harvesting Rules establish limitations according to which harvesting certain types of forest resources and medicinal plants may be carried out by a strictly defined method and within established timeframes, taking into account norms and parameters set by the forestry regulation, as well as based on actual resources available on the territory of a specific forest district, while considering requirements for conservation and reproduction of biodiversity.

The birch mushroom (chaga) is a subject of civil rights, restricted in circulation according to the meaning of paragraph 2 of Article 129 of the Russian Civil Code, for which purposes a permit procedure is established for movement across the customs border. At the same time, the implementation of the forest user's right to use forest resources cannot be carried out without taking into account the necessity of preserving the biodiversity of forest resources. Permit for export of the birch mushroom from the Russian Federation may be issued provided that

Its preparation has been carried out without violating the requirements regarding the conservation and reproduction of biodiversity on the territory of the relevant forest area.

As a result of the inspection conducted by Rospridnadzor based on information received from the Republic of Tuva (the location of food forest resource harvesting), it has been established that the possible annual volume of birch mushroom (chaga) harvesting on the forest plot is unreasonably overestimated. Harvesting chaga in larger quantities is impossible, since due to the biological characteristics of its growth, resource restoration on the same area is only possible after 15 years.

Taking into account that such a resource physically does not exist on the forested land, Rospridnadzor came to a lawful conclusion that the implementation of the forest user's right to use forest resources in this case does not ensure achieving the goal of biodiversity conservation, which served as grounds for refusing to issue a permit for removal of mushrooms.

Source: Overview of judicial practice regarding the application of legislation on environmental protection (approved by the Presidium of the Supreme Court of the Russian Federation June 24, 2022)

1. State report «On the State and Protection of the Environment of the Russian Federation in 2010» // Official Website of the Ministry of Natural Resources of Russia. [Electronic resource]. URL: http://www.mnr.gov.ru/regulatory/detail.php?ID=128153. ↩
2. Environmental Law: textbook / Ed. by S.A. Bogolyubov. Moscow, 2010. p. 9. ↩
3. Item «k» of Part 1 of Article 72 of the Constitution of the Russian Federation. ↩
4. Item «v» of Part 1 of Article 72 of the Constitution of the Russian Federation. ↩
5. Federal law from

21.12.1994 № 69-FZ «On Fire Safety» // Official Gazette of the Russian Federation 1994. No. 35. Art. 3649. ↩
6. Preamble to the Forest Code of the Russian Federation dated 29.01.1997 № 22-FZ. ↩
7. Institutions of Environmental Law / Head of authoring