Fencing of a forest area allocated for recreational activities is not allowed without the grounds provided by law
The erection of fencing on a forested area is allowed only in cases provided by law upon the presence of a positive conclusion of the state expert opinion on the project of developing forests.
Prosecutor on behalf of the Russian Federation, a subject of the Russian Federation, or an indefinite group of persons has submitted requirements to the lessee of the forested area regarding the imposition of an obligation to dismantle the fencing.
It has been established that a lease agreement for a forest plot from the category of protective forests was concluded between the authorized body of a subject of the Russian Federation and an individual entrepreneur for the purpose of carrying out recreational activities, which in particular provides the lessee with the right to place certain temporary structures, except for the installation of fencing.
The forest development project, which received a positive conclusion from the state expert review, does not provide for the construction of such non-forest infrastructure object as fencing on the forest land used by the respondent.
It has been established that the disputed forest land, located in a water protection zone, along the external perimeter from three sides has a wooden fence over one meter high, limiting access by citizens and the passage along it by wild animals.
Granting the requested relief, court considered that the legislature, establishing a special legal regime of land for the forest fund, consolidated in Article 11 of the Forest Code of the Russian Federation both the right of citizens to freely and gratuitously stay in forests (paragraph 1), as well as guarantees for the implementation of this right by establishing a prohibition on persons who have been granted forest plots to hinder access of citizens to these forest plots, as well as to fence them off, except in cases provided for by legislation (paragraph 8).
Fencing of forest areas allocated for agricultural purposes is permitted, except for areas located in green zones (Part 2 of Article 38, paragraph 2 of Part 4 of Article 114 of the Forest Code of the Russian Federation), areas allocated for activities in the hunting industry (Part 4 of Article 36 of the Forest Code of the Russian Federation), as well as in forest park zones for the purpose of forest protection (Part 3 of Article 114 of the Forest Code of the Russian Federation).
Fencing of forest areas designated for recreational purposes is not provided for by forest legislation.
The court has not established grounds provided by law under which, pursuant to paragraphs 4 and 5 of Article 11 of the Forest Code of the Russian Federation, prohibition or restriction of citizens' presence on the disputed forest land may be imposed.
III. Disputes concerning land plots located within the shore zone of a water object of general use
Source: Thematic Review by 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