Legal Regulation of the Use and Protection of Forests

General Provisions

The legal regulation of the use and protection of forests in the Russian Federation is aimed at preserving, rational use and reproduction of the forest fund, as well as preventing negative impact on forests and the environment. Forests are protected from fires, pollution, harmful effects from parties people, as well as from harmful organisms. [State authorities](/enc

carry out monitoring and supervision of compliance with forest protection rules, including the implementation of forestry regulations and forest development projects. Violation of these rules is a basis for early termination of the right to use forest land.

It is important to distinguish between forest protection and forest defense. Protection includes measures for maintaining forests in their current state, improving their quality, and preventing future threats. Defense is aimed at countering already existing negative factors, such as tree diseases, pests, and other hazardous impacts.

Forests in Russia are classified by purpose: protective, utilization, and reserve. Protective forests preserve environment-forming, water protection, sanitary-hygienic, and health-improving functions under conditions of compatible use. Utilization forests are intended for rational harvesting of timber and other forest resources, while maintaining the beneficial functions of forests. [Reserve forests](/enc/15598/ "Definition of the term

"Reserve Forests" in the legal encyclopedia are temporarily not used for logging and serve for protection, preservation, and reproduction of the forest fund.

Protection of forests includes fire safety measures: prevention of fires, monitoring of fire hazards, development of firefighting plans, fire extinguishing and prevention of their recurrence. Persons using forests are obliged immediately to inform the relevant services about

in fires and take measures by preventing their spread.

Forest protection includes the detection and containment of harmful organisms, including quarantine objects, as well as aerial operations such as patrolling, delivery of personnel and fire-fighting equipment, and state forest pathology monitoring.

Special attention is given to protecting forests from radioactive contamination and preserving rare and endangered species of trees, shrubs, and other forest plants. In such cases, prohibitions or restrictions are established on activities, capable of causing damage to these objects and their habitat.

Thus, the legal regulation of the use and protection of forests ensures a comprehensive approach to protecting the forest fund, rational use of resources, and maintaining ecological sustainability, creating a legal basis for preserving and regenerating forests in the interests of society and nature.

Forests are subject to protection from fires, pollution (including radioactive substances) and other negative impacts, as well as protection from harmful organisms. Protection and Conservation of Forests is carried out by state authorities, local self-government bodies within their powers determined in accordance with articles 81 - 84 of the Russian Forest Code (ЛК РФ), unless otherwise provided by this Code or other federal laws.

Non-compliance by citizens or legal entities engaged in use of forests, with forestry management regulations and forest development projects in terms of forest protection and conservation constitutes grounds for early termination of lease agreements for forest land plots, purchase-sale agreements for forest plantations, as well as compulsory termination of the right to permanent (indefinite) use of a forest land plot or the right to gratuitous temporary use of a forest land plot (article 51 of the Forest Code of the Russian Federation). In this case, the forest land plot

is a land plot, the boundaries of which are determined in accordance with Articles 67¹, 69², and 92³ of the Land Code of the Russian Federation (ЛК РФ) (Article 7 of the Land Code of the Russian Federation).

It is important to distinguish between such legal categories as "conservation" and "protection" with respect to forests. As noted by Yu.I. Shuplecova, conservation represents a system of measures aimed at maintaining forests and other vegetation in their current state and thus preventing deterioration; improving their quality and preventing future negative impacts. Protection refers to countering existing negative factors. For example, those mentioned in the Forest Code of the Russian Federation

pests and diseases⁴.

At the same time, along with forests, objects of environmental protection from negative impact of economic and other activities also include other vegetation (article 4 of the Federal Law "On Environmental Protection"). According to Yu.I. Shuplecova, legal protection of forests and non-forest vegetation should be understood as a set of legal norms regulating social relations arising in the process of preserving and restoring forests and non-forest vegetation⁵.

Forests located on forest fund lands are classified into protective, operational, and reserve forests according to their intended use (Part 1 of Article 10 of the Forest Code of the Russian Federation).

Protective forests shall be utilized for the purpose of preserving environment-forming, water protection, protective, sanitary-hygienic, health-improving, and other beneficial functions of forests, simultaneously with the use of forests provided that this use is compatible with the intended purpose of protective forests and the beneficial functions performed by them (Part 4 of Article 12 of the Forest Code of the Russian Federation). In this regard, for example, urban forests are classified as protective (item "g" of Part 2

articles 102 of the Land Code of the Russian Federation), which, despite belonging to lands of populated areas (paragraph 2 of part 3 of article 23 of the Land Code), must be protected in accordance with the provisions of the Land Code of the Russian Federation on protective forests.

Operational Forests are subject to development for the purpose of sustainable, maximally efficient obtaining of high-quality timber and other forest resources, products of their processing with the provision of preserving the useful functions of forests (part 3 of Article 12 of the Forest Code of the Russian Federation).

Reserve forests are forests in which timber harvesting is not planned for twenty years (part 1 of Article 109 of the Forest Code of the Russian Federation). In reserve forests, aviation works for forest protection and conservation are carried out. On forest plots that share a boundary with populated areas and infrastructure objects, fire safety measures and firefighting operations are conducted (part 2 of Article 109 of the Forest Code of the Russian Federation). At the same time, [fire safety measures](/enc/27582/ "Definition of the term 'Fire Safety Measures' in the legal

"fire safety" in the legal encyclopedia") include: prevention of forest fires; monitoring of fire danger in forests and forest fires; development and approval of plans for extinguishing forest fires; other fire safety measures in forests (part 1 of article 53 of the RF Forest Code (ЛК РФ)).

The use of reserve forests is allowed without conducting cutting of forest stands. Conducting cutting of forest stands in reserve forests is permitted after their classification as operational forests or protective forests, except for cases involving cutting of forest stands in reserve forests during geological survey of mineral deposits and collection by citizens of timber for their own needs (Part 3 of Article 109 of the Forest Code of the Russian Federation (RF FC)).

Protection of forests from fires

Forest protection from fires includes implementation of fire safety measures in forests and fire extinguishing in forests (part 1 of article 52 of the Forest Code of the Russian Federation). Fire safety measures in forests include: 1) prevention of forest fires; 2) monitoring of fire hazards in forests and forest fires; 3) development and approval of plans for extinguishing forest fires; 4) other fire safety measures in forests.

Fire safety measures in forests are carried out in accordance with the forest plan of a subject of the Russian Federation, forestry management regulation of the forest district, forest park, and forest development project. Fire Safety Rules in forests and requirements for fire safety measures in forests depending on the purpose of land use and the purpose of forests are established by the Government of the Russian Federation. Classification of natural fire hazard in forests and [classification](/enc/22463/

"The definition of the term 'Classification' in the legal encyclopedia regarding forest fire danger in forests depending on weather conditions is established by the authorized federal executive body (Article 53 of the Forest Code of the Russian Federation)."

Extinguishing a forest fire includes: 1) investigation of the forest fire using ground-based, aerial, or space-based means for the purpose of determining the type and intensity of the forest fire, its boundaries, direction of movement, potential spread limits and localization, sources of firefighting water supply, access routes to them and to the location of the forest fire, as well as other features that determine the tactics of extinguishing the forest fire; 2) transportation of people and firefighting equipment to the location of the forest fire and back; 3) localization of the forest fire; 4) liquidation of the forest fire; 5) observation

"Monitoring" in the legal encyclopedia") for a localized forest fire and its extinguishment; 6) prevention of the recurrence of a forest fire.

Persons, using forests, in the event of discovering a forest fire on the relevant forest land immediately must report this to the specialized dispatch service and take all possible measures to prevent the spread of the forest fire. Rules for extinguishing forest fires are established by the authorized federal executive body (Article 53.4 of the Federal Forestry Code of Russia).

Protection of Forests

Forest protection aims at identifying harmful organisms (plants, animals, pathogenic organisms capable of causing damage to forests or forest resources under certain conditions) and preventing their spread, and in cases where outbreaks of harmful organisms classified as quarantinable objects occur, at their localization and elimination. Protection of forests from harmful organisms classified as quarantinable objects is carried out in accordance with the Federal Law "On Plant Quarantine" ⁶ (Article 54 of the Code of Administrative Offenses of the Russian Federation).

Aerial Work for forest protection and preservation

Aircraft Operations for forest protection and firefighting include: 1) aircraft patrolling; 2) extinguishing forest fires; 3) delivery by aircraft of forest firefighting units, fire equipment and gear, fire-fighting supplies and inventory to the site of a forest fire and back; 4) conducting state forest pathological monitoring using aviation means and performing other works for protecting forests from harmful organisms.

The order of organizing and performing aviation works for forest protection and conservation is established by the authorized federal executive body (Article 57 of the Forest Code of the Russian Federation).

State Forest Pathological Monitoring

In order to protect and safeguard forests, collection, analysis and use of information on the forest pathological condition of forests, including outbreaks of harmful organisms classified as quarantine objects (state forest pathology monitoring) are carried out.

State forest pathology monitoring is part of state ecological monitoring (state environmental monitoring). The procedure for organizing and implementing state forest pathology monitoring is established by the authorized federal executive body (Article 56 of the Forest Code of the Russian Federation).

Protection of forests from radioactive contamination

In order to protect forests from radioactive contamination, radiation surveys of forests are conducted and zones of their radioactive contamination are established. The specifics of forest protection, development and implementation of preventive and rehabilitative measures in zones of radioactive contamination of forests are determined by the authorized federal executive body (Article 58 of the Forest Code of the Russian Federation).

Protection of rare and endangered species of trees, shrubs, vines, and other forest plants

In order to preserve rare and endangered species of trees, shrubs, vines, other forest plants listed in the Red Book of the Russian Federation or the red books of the subjects of the Russian Federation, the conduct of activities whose negative impact may lead to or could lead to a reduction in the number of such plants and (or) deterioration of their habitat may be prohibited, or restrictions on the conduct of these activities may be established (Article 59 of the Russian Federation Law (RF Law)).

1. Forest management is carried out on forest fund lands, as well as on lands specified in paragraph 3 of article 23 of this Code.

2. Rules for conducting forest management are established by the forest management instruction approved by the authorized federal executive authority» (Article 67 of the Forest Code of the Russian Federation).

1. When designing forest land areas, preparation of project documentation regarding the location, boundaries, area, and other quantitative and qualitative characteristics of forest land areas is carried out.

2. The location, boundaries, and area of forest land areas are determined respectively according to forest compartments and (or) forest inventory plots, their boundaries and area.

3. Has been deemed to have lost its force by Federal Law No. 66-FZ dated May 13, 2008.

4. The intended purpose and type of permitted use of a forest land plot are specified in the project documentation in accordance with Articles 87 and 91 of this Code.

5. Designation of forest land plots is carried out within the boundaries of respective forest districts and forest parks. (Article 67 of the Forest Code of the Russian Federation).

State cadastral registration of forest land plots is conducted in accordance with Federal Law No. 221-FZ dated July 24, 2007 "On the State Cadastre of Real Estate". (Article 92 of the Forest Code of the Russian Federation).

1. «Article 67. General Provisions on the Conduct of Forest Management ↩
2. «Article 69. Design of Forest Plots ↩
3. «Article 92. State Cadastre Registration of Forest Plots ↩
4. Institutions of Environmental Law / Ed. by S.A. Bogolyubov. Moscow, 2010. P. 334. ↩
5. Institutions of Environmental Law / Ed. by S.A. Bogolyubov. Moscow, 2010. P. 331. ↩
6. Federal Law dated July 21, 2014 No. 206-FZ «On Plant Quarantine» // RSZ RF. 2014. No. 30. Art. 4207. ↩