The extraction of minerals on the territory of specially protected natural areas is prohibited when the special protection regime prohibits production activities.
Mining of Minerals on territory of a state natural reserve, whereby industrial activities are prohibited, is not allowed.
Ministry of natural resources of a Russian Federation subject provided an institution under a free-use agreement with a forest land plot for reconstruction of an automobile road under the condition of compliance with the legal regime of forests and special protection regime of territory of a state natural reserve area.
Project documentation received a positive conclusion from state expertise. This conclusion indicated that to ensure reconstruction with ground construction materials along the highway route, extraction of commonly occurring mineral resources (gravel soil) is planned.
Institution (client) and the company (contractor) concluded a contract for performing works for the reconstruction of a highway, according to which the contractor undertook an [obligation](/enc/14553/ "Definition of the term «Obligation» in
from the legal encyclopedia") before the start of work obtain permits for the extraction of soil construction materials in accordance with legislation.
Due to the fact that the company carried out quarry development on territory of the federal-level state natural reserve without obtaining a license for the extraction of common minerals, the department filed a lawsuit against the company for compensation of damage caused to the environment.
The Judicial Collegium of the Supreme Court of the Russian Federation annulled the judicial acts adopted on the case, by which the claim was denied, and referred the case for reconsideration on the following grounds.
In accordance with paragraph 11 of part 1 of Article 25 of the Forest Code of the Russian Federation extraction of minerals is one of the types of use of forests.
Persons, to whom forest areas have been granted for perpetual (indefinite) use or lease, as well as persons using forests on the basis of servitude or public servitude, constitute the project of forest development in accordance with Article 12 of the Forest Code of the Russian Federation (Part 1 of Article 88 of the Forest Code of the Russian Federation).
Project for forest development is subject to state or municipal expertise in accordance with the procedures established by the authorized federal executive body (part 1 of article 89 of the Forestry Code of the Russian Federation).
State Expertise of forest development projects located on protected natural territories is approved by the authorized federal executive body (part 3 of article 89 of the Forestry Code of the Russian Federation).
The company used forest land, located on a protected natural area, for the purpose of extracting commonly occurring minerals in the absence of a positive conclusion from the state expert review of the project for the development of forests, thereby causing harm to the environment, the extent of which was to be determined by the court of first instance.