Forests within the boundaries of a protected natural area must be classified as protective forests.
Forests within the boundaries of specially protected natural territory by purpose are to be classified as protective forests.
Prosecutor submitted a request to the court demanding recognition of the illegality of Rosleskhoz's inaction, manifested in failure to take measures ensuring classification of forests located within the boundaries of a regional protected natural area - natural monument, as protective forests, and imposing an obligation on Rosleskhoz to take appropriate measures within the established period.
In support of the claims, the prosecutor cited that during the inspection of compliance with legislation on protected natural territories, discrepancies were found between the category and intended purpose of forests located within the boundaries of the natural monument and the requirements of forest legislation and legislation on protected natural territories due to the classification of such forests as exploitable forests. Believed that these violations could lead to the transfer of the disputed forest land to economic entities for purposes of timber harvesting, hunting, geological exploration of mineral resources, exploration and extraction of minerals, and other purposes.
use of forests and, as a consequence, cause damage to protected natural areas.
In satisfying the prosecutor's claims, court relied on the following.
Forests located on special protected natural territories (OOPT), including areas of natural monuments, belong to the category of protective forests, which are subject to utilization for the purposes of preserving environment-forming, water protection, protective, sanitary-hygienic, health-improving, and other beneficial functions of forests, provided that this utilization is compatible with the intended purpose of protective forests and the beneficial functions they perform (part 4 of article 12, paragraph 1 of part 2 of article 111, part 1 of article 112 of the Forest Code of the Russian Federation).
According to the provisions regarding natural monuments, one of the objectives of its establishment is the conservation (restoration) of valuable natural complexes and objects, including forest plantations, plants, in particular rare and endangered species; animal world objects, including rare and endangered species. This provision prohibits hunting, fishing, exploration and on the territory of the natural monument.
mineral extraction, wood harvesting, clear-cutting, other actions causing damage to natural territories.
Meanwhile, in accordance with the forest management regulations, the disputed quarter of the local forester's area, which is part of a natural monument, has been fully classified as operational forests, use of which, in accordance with paragraph 3 of article 12 and articles 25, 117 of the Forest Code of the Russian Federation (LC RF), is allowed for the aforementioned purposes, which may result in damage to forests located within specially protected natural territories.
Under these circumstances, the inaction of Rosleskhoz was unlawful.
Source: Thematic Review of the Supreme Court of the Russian Federation No. 11/2026. On the consideration by courts of cases related to land plots of certain categories of land excluded from circulation and restricted in circulation, and on the use of such plots