Legal encyclopedia. Letter H

EARTH FOREST FUND.

In accordance with the land law ZLF as an independent category of land used as a means of production.

The forest fund consists of forest fund plots, which include forest plots, as well as areas of forest lands not covered by forest vegetation, and areas of non-forest lands.

The earth is an integral part of the forest and forest resources.

The regulation of forest relations is carried out taking into account the concept of the forest as a set of forest vegetation, land, wildlife and other components of the natural environment, which is of great ecological, economic and social importance.

ZL.F. refers to forest lands - lands covered with forest vegetation and not covered, but intended for its restoration (felling, burning, reed, clearing, etc.), and intended for reference

Forestry non-forest lands (clearings, roads, swamps, etc.). ZL.F. in our country occupy the largest area in comparison with the lands of other categories. The boundaries of the LF are determined by the delimitation of the forest fund lands from lands of other categories in accordance with the materials of the forest inventory.

Objects of forest relations are recognized: the forest fund of the Russian Federation, forest fund plots, the rights to use them, forests that are not part of the forest fund, their plots and the rights to use them, and tree and shrub vegetation.

The inclusion of lands in the forest fund and their withdrawal from it are carried out on the basis of the norms of forestry and land legislation. The provisions of land legislation on land plots apply to forest fund plots, unless otherwise established by the Forest Code.

The forest fund is in federal ownership, but it is possible to transfer part of the forest fund to the subject of the Russian Federation in ownership.

Citizens have the right to free stay on ZLF for the purpose of gathering for their own needs fungi, berries, medicinal plants, etc. On ZLF it is possible to harvest wood, bark,

To place apiaries, to graze cattle, to carry out scientific research, tourist and sports events. The said persons have the right to receive information about the forest fund sites, use the forest fund within the limits established by the lease agreement, gratuitous use, etc., erect buildings and structures related to the use of the forest fund for the period of forest use. But these people are also responsible for the relevant duties, in particular, compliance with sanitary regulations, timely removal of harvested wood, and restoration activities.

Sites of the forest fund can be provided to citizens and legal entities for rent, concession, free or short-term use. A specific feature of the legislation is that a forest user who has concluded a contract can not proceed to the development of a forest before receiving a logging ticket, a forest ticket or an order, and in some cases a decision of the state authority of the Russian Federation is required to conclude a contract. Forest use is not allowed even in the event of a contract, if this entails a violation of environmental requirements.

Rights of use of citizens and legal

Persons of forest fund plots and the right to use the plots of forests that are not part of the forest fund may be restricted to other interested parties on the basis of contracts, acts of state bodies and acts of local self-government bodies, as well as court decisions - a private forest servitude.

The transfer of forest fund plots to a concession is carried out on the basis of a concession agreement, which is concluded by the results of a forest competition or auction.

Gratuitous use of forests is carried out in accordance with the agreement under which the leshoz is obliged to provide the forest user with a forest fund plot for free use for up to 49 years for one or several types of forest use.

For short-term use, the forest fund is provided to the forest user for a period of up to one year. Usually, short-term use of forests is transferred to meet the needs of educational budgetary institutions, agricultural organizations and the public.

Non-forest lands in accordance with the land legislation of the Russian Federation may be granted

Citizens and legal entities for agricultural production, but with a number of conditions. Land plots can be allocated only from the composition of non-forest lands that are not temporarily used for forest management.

The forest fund plots are leased out on the basis of decisions of the state authorities of the subjects of the Russian Federation,

Territorial forest management bodies or by results of forestry competitions.

The composition of ZL has a complex structure. The generality of the legal regime of all ZLF is determined by their purpose. In this case, the needs of forestry are named as the destination of ZL. The land code refers to the restoration of forest vegetation and forest management.

Forest lands are intended for the cultivation of forests, their productive use and reproduction. Deforestation, burning and other parts of the forest fund, which are not covered by forest vegetation for a short or long period of time, are intended for its restoration, and therefore belong to forest lands, even if temporarily for some reason they are empty.

Non-forest lands are plots that are not occupied by forests and are not intended for growing a forest. They serve for the installation of glades, roads, etc. An important part of non-forest lands is agricultural land. Forest lands are delimited from non-forest lands in the order of forest management.

Forest legislation distinguishes the concepts of forest vegetation, which is included in the forest fund or in the composition of forests that are not part of the forest fund, and non-forest vegetation.

Non-forest vegetation is recognized as tree-shrub vegetation,

Growing on agricultural lands, i. On lands granted for the needs of agriculture or intended for these purposes. The composition of these lands also includes lands that are provided for gardening and personal subsidiary farming.