Principles of the Forest Legislation of the Russian Federation, 1993

PRINCIPLES OF THE FOREST LEGISLATION OF THE RUSSIAN FEDERATION Adopted by the Supreme Soviet of the Russian Federation March 6, 1993, No 4616-1 and signed by the President of the Russian Federation March 6, 1993, No 4613-1 [Translated from Russian. Extracts.] (The text in extenso is in the All-Russian Research & Information Center for Forest Resources (ARICFR), Federal Forest Service of Russia: 69, Novocheremushkinskaya Str. 117 418 Moscow Russia ) Moscow, September 1993 ~crPLES OF THE FOREST LEGISLATION ~, OF THE RUSSIAN FEDERATION Forest is the totality of land, wood, bushy and herbaceous tation,.animals, m~croo~ganism~ and other components of the 1fl'f~ral environment, b1.?lo<;r1.cally .interconnected and :;:f1uencing each other in its development. The present Principles regulate the relationships appearing through the utilization of the Forest Fund of the Russian Federation {hereinafter forest relationships), with the purpose of creating conditions for sustainable utilization, regeneration, protection and defense of the forests. SECTION 1. GENERAL PROVISIONS Article 1. Forest Legislation of the Russian Federation The forest relationships in the Russian Federation are regulated by the presenr, P:::inciples, ,;ith other legislative acts of the Russian Federation and the legislation of the Republics constituting the Russian Federation, with legal acts of the Autonomous Region, Autonomous Districts, Territories, and Regions, and with the decisions of the organs of local administration, adopted within the limits of their authority. The present Principles apply t0 the entire territory of the Russian Federation. Legislative acts of the Republics constituting the Russian Federation, legal acts of the Autonomous Region, Autonomous Districts, Territories, Regions, of the cities of Moscow and St.Petersburg, decisions of the organs of local administration, adopted within the limits of their authority, should not contradict the present Principles. The relationships during the utilization of the Forest Fund, connected with the use and protection of water resources, entrails, plant life (with the exception of forests) and animal life, a-tmosplieric ai;, are regulated with the corresponding legislation of the Russian Federation and of the Republics constituting the Russian Federation. Article 2. Forest Fund of the Russian Federation All forests and lands determined to be used for the purpose of practicing forestry form the Forest Fund of the Russian Federation. The composition of the land of the Forest Fund includes the following: Forested lands (covered with forests, and also not covered with forest: felled areas, burnt areas, sparse open stands, forest clearings, and others); Non-forested lands (swamps, toads, rides between compartments, and others). 2 The Forest Fund does not include: Protective forest stands and a different woody and bushy vegetation on agricultural lands; Protective forest stands on the strips delineating railways, roadways and canals; Green zone stands and groups of trees in cities and other population points, growing on lands not considered as part of the municipal forests; Trees and groups of trees in personal gardens, "dacha" summer home and cultivated garden plots. The utilization of stands mentioned in the part three of the present Article, their management and protection, are regulated with the present Principles, legislative acts of the Russian Federation, of the Republics constituting the Russian Federation, legal acts of the Autonomous Region, Autonomous Districts, Territories, Regions, and of the cities of Moscow and St. Petersburg. The Forest Fund is at the joint disposal of the Russian Federation, Republics constituting the Russian Federation, the Autonomous Region, Autonomous Districts, Territories, Regions, and of the cities of Moscow and St. Petersburg. ownership, disposal and use of the Forest Fund of the Russian Federation takes place in the interest of the people, living in the corresponding territory, and in the interests of all peoples of the Russian Federation. Article 3. Competence of the Russian Federation in the sphere of regulation of forest relationships To the competence of the· Rus~ian Federation in the sphere of regulation of forest relationships the following shall be included: 1) Determination of the main directions of government policy in the field of forestry; 2) Development and improvement, with the participation of the Republics constituting the Russian Federation, the Autonomous Region, Autonomous Districts, Territories, Regions, and of the cities of Moscow and St.Petersburg, of the forest legislation of the Russian Federation; 3) Disposal, jointly with the Republics constituting the Russian Federation, the Autonomous Region, Autonomous Districts, Territories, Regions, and the cities of Moscow and St. Petersburg, of the Forest Fund of the Russian Federation; 4) Determination of the conditions of the organization and activity of the governmental forest management bodies; S) Establishment of the conditio~s for the classifying of the Forest Fund into forest groups and protective categories, as 3 well as for their transfer from one group of forests or category to another; 6) Establishment of norms and regulations for the utilization of the Forest Fund; 7) Confirmation by the agreement with the Republics constituting the Russian Federation, the Autonomous Region, Autonomous Districts, Territories, Regions, of the annual timber harvesting quota (hereinafter - prescribed yield); 8) Establishment of the system of payments for the utilization of the Forest Fund, and also the formation and use cf the governmental non-budgetary fund for regeneration, protection and defense of forests; 9) Establishment of the order and conditions of the transfer of plots of the Forest Fund for leasing; 10) Approvement of regulations for standing timber acquisition for harvesting, forest cutting, reproduction, protection and defense of the forests; 11) Organization and coordination of forestry research, design and construction works; 12) Developing jointly with the Republics constituting the Russian Federation, the Autonomous Region, Autonomous Districts, Territories, Regions, and with the cities of Moscow and St. Petersburg, of federal programs for the sustainable use of the Forest Fund, increasing productivity, reproduction, protection and defense of forests in the complex with other nature protecting activities and the organization of their realization; 13) Realization of the governmental control of the condition, utilization, reproduction, protection and defense of forests, and the establishment of procedures for its realization; 14) Organization and realization of the national inventory of the Forest Fund, national forest cadastre, forest monitoring and forest management; 15) Realization of the international cooperation regarding questions of utilization, reproduction, protection and defense of the f-Drests; 16) Establishment of the national statistics in the field of forest management; 17) Determination jointly with the Republics constituting the Russian Federation, the Autonomous Region, Autonomous Districts, Territories, Regions, of the volumes of felled and supplied timber for the needs of the Government; 18) A duly adoption of the decisions concerning the suspension, limiting, and the stoppage of the activity of enterprises, institutions and organizations, in the event of violating the present Principles, and in any cases, stipulated by the legislative acts. Article 4. Competence of the Supreme Soviets of the Republics constituting the Russian Federation, councils of P~ople• Deputies of the Autonomous Region, Autonomous ~istricts, Territories, Regions, of the cities of Moscow and t.Pe~ersburg, in the sphere of regulating. of forest . relationships 4 In the competence of the Supreme Soviets of the Republics constituting the Russian Federation, Councils of People' Deputies of the Autonomous Region, Autonomous Districts, Territories, Regions, and of the cities of Moscow and St.Petersburg, in the sphere of forest relatoionships, is included: 1) Development and regulation, jointly with the Russian Federation, of the republican (regional) programs on the development of forestry; 2) Participation in the development and improvement of forest legislation of the Russian Federation and the adoption of republican legislative acts, legal acts of the Autonomous Region, Autonomous Districts, Territories, Regions, of the cities of Moscow and St.Petersburg; 3) Establishment, by agreement with organs of local administration, of the principles for determining the rate of forest taxes and leasing payments; 4) Establishment, by agreement with organs of local administration, in areas being as home territories aP.d of economic importance to indigenous people and ethnic groups, of the borders of the territory of the Forest Fund, with special status for conducting forestry and forest exploitation, as well as the establishment of conditions on these territories; 5) Regulation of conditions for carrying out timber auctions and competitive auctions. The Councils of Peoples' Deputies of the cities of Moscow and St.Petersburg deal also with questions referred in the Article 6 of the present Principles. Article 5. Competence of the governments of Republics constituting the Russian Federation, administrations of the Autonomous Region, Autonomous Districts, Territories, Regions, cities of Moscow and St. Petersburg, in the sphere of regulation of forest relationships. In the competence of the Government of the Republics constituting the Russian Federation, administrations of the Autonomous Region, Autonomous Districts, Territories, Regions, and of the cities of Moscow and St. Petersburg, in the sphere of regulating forest relationships, is included: l) Development jointly, with the Russian Federation, of republican (regional) programs for the development of forestry; 2) Allotment, jointly with the Russian Federation, of the Forest Fund; 3) organization of the national cadastre, monitoring and inventory of the Forest Fund; 4) Participation, jointly with the Russian Federation, in the development of federal programs on sustainable utilization of the Forest Fund, increasing productivity, reproduction, protection and defense of forests, in the complex with nature protection activities, and the organization of their realization; 5 5) Realiz~tion of Sta~e control of the health, utilization, reproduction, protection and defense of forests, the adoption of decision about the limiting, suspension and stoppage of the activities of enterprises, institutions and organizations, dangerously impacting the forests; 6) Setting up regional limits of the fellable resource, within the limits of the prescribed yield, in correspondence with the recommendations of the organs of forestry management, including providing a timber supply for the national needs, determined iointly with the Government oft Russian Federation and the brgans of power (administration) of the Republics constituting the Russian Federation, the Autonomous Region, Autonomous Districts, Territories, Regions, and of the es of Moscow and St. Petersburg; 7) Organization of ecological education and enlightrnent; 8) Providing the population with necessary information on questions of protec on and fense of the forests. In the competence of ~he nis~ratio~s of the cil 2s f Moscow and St. Petersburg are included questions in Article 7 of the present Principles. Article 6. Competence of the district (municipal) councils of Peoples' Deputies, in the sphere of regulating forest relationships. In the competence of the district (municipal) Councils of Peoples' Deputies, in the sphere of r ula ng forest relationships, is included: l) Participation in the development of federal and regional programs for the development of forestry; 2) Agreement with corresponding organs of the governmental administration of the Republics constituting the Russian Federation, the Autonomous Region, Autonomous Districts, Territories, Regions, and of the cities of Moscow and St. Petersburg, the principles for d~t~rmining the rates and sizes of forestry taxes and of the sizes of leasing payments for the utilization of the Forest Fund; 3) Establishment of rates and sizes of forest taxes, amounts of leasing payments and allotment of payment benefits to different categories of forest users, and also the determination of the forms of payment of forestry taxes and leasing payments; 4) Adoption, jointly with e owners of the Forest Fund, of. a decision on the transfer of long-term use (lease) of plots of · the Forest Fund; by which the participation of the owners of the Forest Fund in the adoption of such a decision is limited, concerning the determination of conditions corresponding to the established silvicultural standards; 5) Regulation in the sphere of utilization, reproduction, Protection and defense of forests; 6 ) Determination of the form of forest user selection (dir·ect discussions, timber auctions, competitive auctions}; 6 7) Limiting, suspension or stoppage of the right to utilization of the Forest Fund in accordance with the established procedures. Article 7. Competence of the district (municipal) administrations, in the sphere of regulating forestry relationships. In the competence of the district (municipal) administrations in the sphere of regulation of forestry relationships, is included: l) Inventory of Forest Fund; 2) Distribution of the enforced limit of fellable stock by forest users, in correspondence with the recommendations of the governmental forestry management organs, including for the provision of timber stock for the national needs; 3) Organization for the realization of activities revolving around forest protection from fires and defense from pests and diseases; 4) Realization, jointly with specially authorized environment nature protection organs, of monitoring in the sphere of utilization, reproduction, protection and defense of the forests. 5) Adoption, jointly with the owners of the Forest Fund, of the decision on the granting of forest plots for short term use; through which, the participation of the owners of the Forest Fund in the adoption of such a decision, is limited by the determination of conditions, corresponding with the established silvicultural regulations; 6) Organization and realization, with the participation of local branches of the government forestry management organs of the .Russian Federation, of forest auctions and competitive auctions, on the granting of the Forest Fund for utilization; 7) Limiting, suspension or stoppage of the right to utilize the Forest Fund, in the established conditions. Article 8. state management in the sphere of the forests' utilization, regeneration, protection and defense. State management, in the sphere of utilization, reproduction, protection and defense of forests on the territory of the Russian Federation, is realized by the President of the Russian Federation, the Government of the Russian Federation, executive bodies of the Republics constituting the Russian Federation, the Autonomous Region, •Autonomous Districts, Territories, Regions, and by the cities of Moscow and St.Petersburg, and with specially authorized governmental forest management organs. The system of specially authorized governmental forest management organs of the Russian Federation includes: governmental organ of forest management of the Russian Federation, sub-divisions within its jurisdiction in the Republics constituting the Russian Federation, in the Autonomous Region, Autonomous Districts, Territories, Regions, 7 l.D the cities of Moscow and St. Petersburg, and in the local subdivisions - forestry enterprises and forest districts. National natural parks on the lands of the Forest Fund, educational and experimental forest units (stations), curry out forest management and are integral part of the governmental forest management system of the Russian Federation. National natural parks simultaneously created on lands of different land category types (for agricultural use, water resource protection and Forest Fund), can be ruled by the system of other governmental bodies of the Russian Federation. The governmental forest management organ of the Russian Federation and its sub-divisions cannot carry out timber felling, for the purposes of harvest cutting and timber processing. The activity of the governmental forestry management organ of the Russian Federation is regulated by the statute issued by the Government of the Russian Federacion. Article 9. State control the forests' health, utilization, regeneration1 protection and defense. Article 10. Ownership of the Forest Fund The Forest Fund is at the disposal of the forest enterprises, collective farms, state farms, and other agricultural units, of nature reserves, national natural parks, educational, forest and experimental forestry units conducting forestry management. At the disposal of collective farms and state farms is the Forest Fund, previously given to the collective farms for termless utilization, and also assigned to the state farms. At a reorganization of a collective farm or a state farm into a different agricultural unit, their Forest Fund is transferred into th~ possession of the new agricultural unit. Article 11. Functions of the Forest Fund owners The forest management functions of the owners of the Forest Fund include: 1) Inventory of the Forest Fund; 2) Granting plots of the Forest Fund on the basis of joint decisions, with the district (municipal) Counci~ of Peoples' Deputies, for the long term utilization (leasing), by agreement with the district organ or natural environment protection; 3) Granting on the basis of a joint decision, with the district (municipal) administrations, on the granting of plot of the Forest Fund, for short term utilization; 4) Annual timber allotment and issuing of timber felling tickets (orders); S) Providing appropiate (goal-oriented) utilization of Forest Fund lands, and enhancement of their fertility and protection; 8 6) Reproduction and enhancement of the productivity of the forests, the care of them, and the organization of sustainable utilization of the Forest Fund; 7} Conducting commercial thinning, if there is no another party to perform this work; 8) Fire fighting and sanitary forestry engineering of the territory of the Forest Fund, warning, disclosure and preventing trespasses of regulations of fire safety in the forests, preventive inspections and timely disclosure and suppression of forest fires, defense from pests and diseases, and the struggle with them: 9) Inspection of the works carried out by the forest users, preventing trespasses of norms and regulations of Forest Fund utilization, as well production in the Forest Fund, of work not connected with forest utilization, illegal felling, destruction and injury of trees and bushes, young stands and plantations, contamination of the forest with chemicals, radioactive substances 1 waste waters, communal-household wastes and refuse, and of other violations of the forestry legislation; 10) Attraction, according to the decisions of the organs of local administration, for the liquidation of forest fires, of specialized services, forest users and the surrounding population; 11) Agreement with governmental organs of natural environment protection, on the permissible numbers of wild animals in the Forest Fund, and the norms for their hunting. SECTION 2. ORGANIZATION OF FORESTRY Article 12. Main requirements regarding forest management. Article 13. Grouping of the Forest Fund into protection forest groups and categories. Article 14. First Group Forests. The first group relates to forests predominantly fulfilling the following functions, and including the following protective categories: Hydrological resource protective - forbidden shelter belts along river banks, lakes, reservoirs and other hydrological objects, forbidden shelter belts protecting the spawning grounds of commercially valuable fish species; Protective - anti-erosion forests, shelter belts ~long railways, road ways of federal, republican and regional significance, national shelter belts, ribbon-like pine forests 1 other forests in desert, semi-arid, steppe, forest-steppe and sparsely-forested mountainous regions, having important significance for the protection of the natural environment; sanitary-hygienic and health-related - municipal forests, forest parks, green zone forests around cities, other population points and industrial facilities, forest of first and second belts of the zones of sanitary protection of water 9 supplies, and first, second and third group sanitary protection forest zones of resorts; Forests of special protected territories - specially valuable forest massifs, forests having scientific or historical significance, monuments of nature, commercial nut gathering zones, wild fruit tree forests, and pre-tundra zone forests. Forests of the nature protection fund - nature preserves, protected forest plots, and national nature parks. Article 15. Second Group Forests To the second group r ate the forests in regions with high population density and a developed road transportation network, having ecosystem-generating, protective and limited co~uercial functions, as well as forests in reg ns with insufficient forest resources, r the creserv~ n of protective functions which require a re;tricted level of Forest Fund utilization. Article 16. Third Group Forests To the third group relate the forests of heavily forested regions, having advantageous industrial significance and predetermined for meeting the continuous economic timber demands, without incurring a loss to the ecological functions of these forests. Third group forests are subdivided into industrial and reserve forests. Reserve forests r ate to forests which are not developed industrially, as a result of th r remoteness from transportation routes, and for other reasons. Article 17. Forest utilization of protective forested stands and oiher woody-bushy 2:ation, 11ct incl ed in :he Forest Fund Article 18. Boundaries of lands covered with forests of each forest group and protective category. Article 19. Procedure of grouping of the Forest Fund into forest groups and protective categori9s and allocation of specially protected forest plots. Article 20. Prccedures for the determination of ages and felling rotation. Article 21. Prescribed yield and rules of its setting up Prescibed yield of harvest cutting for each forestry enterprise, collective farm, state farm, and any other agricultural formation is calculated at forest management Planning, taking account of forest groups limitations, and with 10 respect of the principles of Forest Fund sustainable utilization. In the cases established by a governmental forest management organ of the Russian Federation, prescribed yield is calculated for each forest district. Prescibed yield is approved by the governmental forest management organ of the Russian Federation by agreement with respective organs of governmental power of the Republics constituting the Russian Federation, the Autonomous Region, Autonomous Districts, Territories, Regions and with the governmental environment protection organs of the Russian Federation. Prescibed yield enter into force from the first of January of the year after the year when the forest management plan was completed. In those cases, when the Forest Fund of a forestry enterprize is located on the territories of two or more administrative districts, the prescribed yield is calculated and approved by each one of districts. The prescribed yield for Republics constituting the Russian Federation, the Autonomous Region, Autonomous Districts, Territories and Region is determined as the sum of the duly approved prescribed yields for forestry enterprises, collective farms, state farms, and other agricultural formations. At a change of boundaries of the Forest Fund, of felling ages, forest-type groups and categories of protection and other changes, occurring in the Forest Fund, the prescribed yield can be duly re-approved. Article 22. Procedures for transfer of forested lands to non forested lands, for the purposes not bound up with forest management or utilization of the Forest Fun.d Article 23. Procedures for transfer of forested lands to non forested lands, for for the purposes bound up with forest management. Article 24. Procedures for co-ordination of projects and sites for the erection of industrial objects and for executing works not bound with forest management. SECTION 3. UTILIZATION OF THE FOREST FUND Article 25. Classes of Forest Fund utilization In the Forest Fund the following forms of forest utilization can be practiced: l) Timber felling; 2) Resin tapping; 11 J) Procurement of subsidiary products (stumps, phloem, bark, birch bark, and fir, pine•and spruce needle-bearing twigs); 4) Secon~ary forest ~tilization (hay making, cattle grazing, bee-keeping, extraction of tree juices, procurement and collection of wild fruits, mushrooms, berries, medicinal Dlants and technical raw material, moss, litter and fallen leave; • I Reed, Cat Ta~ls, Reed Mace, and other forms of secondary forest use); 5) Use of the Forest Fund for hunting needs; 6) Use of the Forest Fund for scientific-research goals; 7) Use of the Forest Fund for health-related, recreation and athletic purposes. Article 26. Time period for use of the Forest Fund Plots of the Forest Fund can by assigned for short-term use, ranging up to a time span of one year, or for a lona-term ti~e span ranging up to fifty years. Before the exoi~v ~f the established time span for lon9:term ~se of a ploc ;f ~he Fore~~ Fund, it can be extended by the initiative of the user in the established conditions. Article 27. Users of the Forest Fund Forest users in t:1e Russian Federa-i::ion can be juridical persons, including foreigners, and ph1sical persons, possessing the right to carrying out utilization of the Forest Fund, in correspondence with the legislation of the Russian Federation. Article 28. Procedure of the granting of Forest Fund plots for utilization Plots of the Forest Fund are granted for utilization on the basis of direct discussions, timber auctions or contests. The forest user selection pattern is determined by the distrcict (municipal) Councils of People's Deputies. Timber auctions and contests are organized a:--,c. conducted by the district (municipal) administration with the participation of local sub-divisions of the governmental forestry organ of the Russian Federation. Granting of plots of the Forest Fund for utilization should be carried out publicly, bearing in mind the protection of the interests of the local population. The preference to use the Forest Fund is granted to forest industrial enterprises, working on the given territory for a lengthy period, and having production capacity for timber harvesting and processing. Plots of the Forest Fund are granted for use on the basis of special permitting documents: licenses, timber harvesting tickets (order), and forestry ticket. Size limits of the plots of Forest Fund, granted for use, are established by the governmental forestry organs, by agreement with respective 12 organs of governmental power of the Republics constituting the Russian Federation, the Autonomous Region, Autonomous Districts, Territories and and Regions, and of the cities of Moscow and St. Petersburg. A license is a document certifying the right of its owner to the long-term utilization of plots of the Forest Fund (leasing) . A timber harvesting ticket (order) and forestry ticket are documents certifying the right of their owner to short-term use of plots of the Forest Fund and (or) forest resources. The timber harvesting ticket (order) and the forestry ticket certify the right of their owners to realize only that type of Forest Fund utilization which is mentioned in the document. At a long-term utilization (leasing) the timber harvesting ticket (order) and the forestry ticket are given annually to the owner of the license for the realization of the permitted type of utilization, in concrete volumes and at specific work location. The Supreme Soviets of the Republics constituting the Russian Federation, Councils of People's Deputies of the Autonomous Region, Autonomous Districts, Territories, Regions,, and of the cities of Moscow and St. Petersburg may entrust, by agreement with the district (municipal) Councils of Peoples' Deputies, the function of determining the conditions for granting permitting documents and the carrying out of forestry auctions and competitive auctions, to different organs of government power, with the participation of government forestry organs. Article 29. Citizen's access to the Forest Fund Article 30. Antimonopoly demands Article 31. Leasing of plots of the Forest Fund Granting of forest plots for long-term utilization takes place in the form of leasing on the basis of a joint decision of the district (municipal) Councils of People's Deputies and owners of the Forest Fund. Transfer of plots of the Forest Fund for leasing, on the basis of a license, is operated by forestry enterprises, and in the forest located under the ownership of collective farms, state farms, and other agricultural formations, by these forest owners. Sub-leasing of the Forest Fund plots is prohibited. The lessee harvesting timber has the right the carry out all types of harvest and intermPdiate felling. Therewithal, the lessee is required to fulfill 1 forestation activities. The regulations of the leasing 6f plots of the Forest Fund are issued by the Government of the Russian Federation. 13 Article 32; Licences for the use of the Forest Fund A licence with agreements subjoined to it, between the owner of the Forest Fund and the forest user, should contain: Description of the boundaries of the Forest Fund plot; Types, volume and conditions of forest uses; Time span of lease; Duties of the forest user and lessee, regarding protection, defense and reproduction of the forest resources, conditions and procedure of financing of the forestry activities; Lease fee and terms of its paying in; Description of the Forest Fund and claims of its health after the expiration of the licence term; Volumes of supplies for national needs. The license can be supplemented wich other candicions of Forest Fund utilization, not contradicting the present Principles. A license is issued by the forestry enterprise, and for the forests in the ownership of collective farms, state farms, and other agricultural formations - by these owners of the Forest Fund, on the basis of a joint decision with district municipal) Council of People's Deputies. Article 33. Forest harvesting ticket (order) and forestry permit. A forest harvesting ticket is a document which gives the right to its owner to conduct felling and haulage of timber, resin and subsidiary forest products. The forest harvesting ticket indicates the location of the plot of the Forest Fund, quantitative and qualitative characteristics of delivered timbe1, resin and secondary forest products, the~r cost, time period of production work, conditions and means oC forest restoration and cleaning of the felling site. The forest harvesting ticket is issued by the forestry enterprise, as well as by the forest district, possessing the status of a juridical person. The order for standing timber acquisition in small sj ze is a document which gives the right to its owner to carry but felling and haulage of timber and secondary forest products. The order is issued by the forestry district, on the basis of the forest felling ticket given to him. With the order, and without the writing out of a forest harvesting ticket, the standing timber acquisition of small amounts can take place, in such cases as the removal of windfall, dead standing trees and wind breakage, as well as secondary forest products. . The forest ticket is the document which gives the right to ~ts owner to conduct secondary forest utilization. In it is stipulated the location, size, utilization and time span for 14 plots of the Forest Fund, of the condition for conducting such utilization, and the size of the payments for it. The forest ticket for secondary forest utilization is issued by the forest district, for one season. The form of the forest harvesting ticket, the form of the order and the form of the forest ticket is approved in accordance with the procedure established by the Government of the Russian Federation. Article 34. Rights of forest users. Article 35. Responsibilities of forest users. Article 36. Protection and guarantees of the rights of forest users. Article 37. Grounds for the stoppage of the right to utilize the Forest Fund Article 38. Procedure for the stoppage of the right to utilize the Forest Fund. Article 39. Grounds for the suspension and limitation of the right to utilize the Forest Fund Article 40. compensation of losses suffered by forest users and the losses of forestry production. Article 41. Felling techniques permitted during timber felling Article 42. Methods and types of cutting depending on forest type groups and protective categories In the forest-type group three harvest cutting tend to the effective and sustainable forest exploitation, and is carried out with methods providing for effective and timely forest regeneration. In the forest-type group two harvest cutting is carried out with methods which tend to the regeneration of forests of economically valuable timber species, to the maintaining of nature protection functions of these forests, and by this allowing to carry out their effective and sustainable exploitation. In the forest-type group one harvest cutting is carried out, tending to the improvement of the state of the stands, strengthening of nature protection functions of these forests, and also to a timely and wise use of the.stocks of over-mature and mature stands. In fotests of the nationi.l natural parks,-forests having scientific or historical sign1ficance, natural monuments, forest parks, forests of nut crathering zones, fruit-bearing forest stands, municipal forei;ts, forest park sections of green 15 zones, in forests of first and second belts of the zones of sanitary protection of sources of the water supply, and in forests of first and second zones of regions of sanitary protection of resorts, national protection forest belts, anti erosion, pre-tundra forests, especially valuable forest blocs and buffer zones of forest, protecting the spawning grounds of commercialy valuable fish, only improvement felling, sanitary felling, reconstruction felling and other types of felling (site clearing for the purpose of buildings and structures, in connection with the construction of pipelines, roadways, rides, with the creation of fire preventive lanes, and for other similar goals) are permitted. In the forests of nature reserves, on the protected fore~L plots only the minor cuttings (site clearing for the purpr~e of buildings and structures, in connection with the consr~llction of pipelines, roadways, rides, with the creation of fire preventive lanes, and for other similar goals) are permitted. In mountain forests felling types are used, taking into consideration the special protective, erosion preventive and water regulating functions of these forests. On special protection plots of forest, the use of clear cutting may be completely or partially forbidden, and in the necessary cases the use of other harvest cutting techniques. The decision regarding the prohibition of cutting is made by the respective organs of governmental power of the Republics constituting the Russian Federation, the Autonomous Region, Autonomous District, Territories Regions, and of the cities of Moscow and St. Petersburg, by a proposal of the governmental forestry organs. Article 43. Procedure for timber harvesting. Article 44. Determination of the size of the timber felling in terms- of harvest cutting Article 45. Determination of the size of the timber felling in terms of intermediate felling cuts and other cuts. Article 46. Conditions for resin tapping Article 47. Conditions for the Forest Fund utilization for the preparation of secondary forest materials, and for the carrying out of non-ti~ber forest use Article 48. Conditions for the utilization of the Forest Fund for the needs of the hunting industry Article 49. Conditions for the utilization of the Forest Fund for scientific-research goals Article 50. Conditions for the utilization of the Forest Fund for cultural/ health-related, ~ecreational and athletic goals. 16 Article 51. Conditions for the utilization of the Forest Fund regions serving as the home territory and of economic importance to indigenous peoples and ethnic groups ·Article 52. Utilization of the Forest Fund in the forests of nature preserves and national nature parks Article 53. Specifics of carrying out forestry, forest utilization in the forests of farms, state farms, and ocher agricultural units. Article 54. Forest utilization in federal border zones SECTION 4. REGENERATION AND INCREASING PRODUCTIVITY OF THE FORESTS, AND DEFENCE AND PROTECTION OF THE FORESTS Article 55. Main requirements concerning the encrease in quality and p uctivity of the forests. Article 56, Provisions for forest regeneration and afforestation For the purpose of a wise use of the lands oft Forest Fund, providing optimal forest coverage and improvement of the ecological situation on the territory, is carried out the restoration of forests on forest lands, and on other lands, assigned for the creation of forests, afforestation is conducted. Afforestation is conducted through the creation of forest stands on the non-forested lands of the Forest Fund 1 and also on the lands assigned for agricultural or other use. Volumes, means and methods of work for the restoration of forests and the choice of forest species to restore are determined by the owners of the Forest Fund according to forest manag~ment plan materials, taking into account the changes occured in the Forest Fund. Restoration of the forests, procurement of forest seeds and the cultivation of planting stock is carried out by both owners of the Forest Fund and the forest users. The forest users are required to carry out forest regeneration work on felling sites, with the means and methods established in the permitting document, and timely transmit forest plantations and other afforested areas to the owner of the Forest Fund. Article 57. Duties of the forest users concerning the compliance with the demands for maintaining favorable conditions for the regeneration of forests Forest users are required to observe the demands for the conservation of favorable conditions for the restoration of forests. These demands should be taken into account at the 17 development of new techniques for felling and haulage of timber and of other forest resources. The owners of the Forest Fund can suspend work being carried out by the forest user on forest plots of the Forest Fund, granted to them for exploitation, if the realization of the mentioned work negatively influences the reproduction of forests, until the elimination of the cause of the violation of the silvicultural standards. The forest users are required to use, during work on t,1e plots of the Forest Fund granted to them for utilizatioil, only that technique and those technologies, for which in Lhe established conditions, was conducted a governmental ecological assessment. Article 58. Duties of the owners of the Forest Fund concerning the enhancement of productivity and quality of the forests Article 59. Goals and tasks of forest protection and defence Article 60. Provisions for forest protection and defense The Government of the Russian Federation, the organs of executive power of the Republics constituting the Russian Federation, the Autonomous Region, Autonomous Distrcits, Territories and Regions, of the cities of Moscow and St. Petersburg, are to provide, through the forestry organs, the realization of activities for the protection and defense of forests, fighting forest pests, diseases a~d forest fires, to recruit people in forest fire fighting, providing fire fighting and transportation means, including personnel of different enterprises, institutions and organizations, and in the necessary cases to forbid, during a period of high fire danger, public access and entrance of transportation vehicles into the forest, and also to carry out determined types of work on separate plots of the Forest Fund. Articte 61. Protection and defense of forest stands in the forests of ~ollective farms, state farms, other agricultural units, and nature reserves. Article 62. Authority of the organs of governmental power regarding the control of forest fires, forest pests and diseases. For the purposes of forest fire prevention and suppression, as well as the control of forest pests and diseases, the respective organs of governmental power of the Republics constituting the Russian Federation, the Autonomous Region, Autonomous Districts, Territories and Regions, and of the cities of Moscow and St.Petersburg and district (municipal) administrations have to: · an n ua 11 y organize the development and realization, with enterprises, institutions and organizations, which are entrusted with the protection and defense of forests, and with the forest users, of measures for forest fire prevention, 18 setting up of a suitable infrastructure and preparation of the mentioned enterprises, institutions and organizations for the fire hazard season; each year, before the beginning of the high fire hazard season, approve operational plans for fighting forest fires; establish procedure for recruiting people, personnel of the collective farms, state farms, and other agricultural formations, workers and employees, as well as fire fighting means, vehicles and other resource of the enterprises, institutions and organizations, for the suppression of forest fires, and to provide the people involved in this work with resources for transportation, food and medical assistance; provide, for the period of high forest fire danger, the creation of forest fire formations from the recruited people and means, and provide for get them ready for an expedient going out to the spot, in the case of the appearance of a f.::>rest fire; help the construction and reparation of roads designated for forest fire fighting purposes, airdromes and landing grounds for airplanes and helicopters, employed in the aviation protection of the forests, to help the supply of fuel and lubricants for the fire fighting formations, and also to allot, for the high incidence fire season, at the disposal of the governmental forestry organs in the capacity of on-duty, full time transportation, the necessary quantity of automobiles, motor-launches and other transportation means, with a fuel supply; organize the broad realization of fire protection propaganda, regular reporting in the press, on radio and television the questions of forest protection, and observation of fi~e safety in the forests; provide coordination of all activities for fighting forest fires on the territories of the Republics constituting the Russian Federation, the Autonomous Region, Autonomous Districts, Territories, Regions, and of the cites of Moscow and St.Petersburg, creating in the necessary cases special commissions for this goal; provide for the measures of fighting forest pests and diseases. Article 63. Duties of the enterprises, institutions and organization, whose activiti~s influence the health and regeneration of the forests. Enterprises, institutions and organizations, whose activity influences the health and reproduction of forests, are required to conduct technical, sanitary and other activities, tending to the reproduction, protection and defense of the forests, agreed up by the governmental forestry organs, the 19 organ~ of executive power the Republics constituting the Russian Federation, the Autonomous Region, Autonomous Districts, Territories, Regions, and of the cities of Moscow and St.Petersburg. Article 64. State forest protection of the Russian Federation The State forest protection the Russian Federation within the system of governmental forestry organs is designed to carry out activi es of the utilization, regeneration, protection and defense of forests. The State forest protection service is endowed with ghts to prevent and to stop tres sses of the forestry legislation. The workers of the State forest otection have the right to impose administrative fines ta off als and ti~ens, for all forms of viclati os of the estry legislation. to bring action against them in Court or i:1 a court Ar~LLr&tLon, ior suits concerning the compensation of acts causing damage to the forestry. The workers of the State for1:st pr0tection are subject to mandatory governmental personal insurance, on account of the governmental non-budget fund for ~eproduction, protection and defense of the forests. The list of staff of the staLe forest protection is confirmed by the governmental forestry organ of the Russian Federation. The activity of the State forest protection comforrns by regulations issued by the Government of the Russian Federation. Article 65. Citizen's participation and non-governmental assocjations, in the sphere of forest ationships SECTION 5. PAYMENT FOR THE UTILIZATION OF THE FOREST FUND Article 66. Types of payments Ar cle 67. Deductions for regeneration, protection and defense of the forests Arti e 68. Forest taxes Article 69. Rates and size of forest taxes. Rules and conditions for levying forest taxes. Forest users, with the exception of the lessees, pay in forest taxes in the form of one-time and (or) periodic payments during the entire time span of the granted right for utilization of the Forest Fund. The sizes of the forest taxes are determined by the rates, established for a unit of production received from the 20 utilization of the Forest Fund, and at several kinds of the Forest Fund utilization - by hectare rates of exploited area of the Forest Fund. The rules and conditions for levying forestry taxes are fixed by the legislation of the Russian Federation. The Principles of determination of rates and sizes of forest taxes are set up by the Supreme Soviets of the Republics constituting the Russian Federation, councils of People's Deputies of the Autonomous Region, Autonomous Districts, Territories and Regions, by agreement with district (municipal) Councils of People's Deputies, by Councils of People's Deputies of the cities of Moscow and St. Petersburg. Specific rates and sizes of forest taxes are fixed by district (municipal) Councils of People's Deputies, and in the cities of Moscow and St. Petersburg by the Moscow and St. Petersburg Councils of People's Deputies, respectively. The Supreme Soviets of the Republics constituting th~ Russian Federation, Councils of People's Deputies of the Autonomous Region, Autonomous Districts, Territories and Regions, by agreement with district (municipal) Councils of People's Deputies, may introduce other procedure for fixing concrete rates and sizes of forest taxes, and principles of their determination. Article 70. Forms of paying forest taxes Article 71. Leasing fees Leasing plots of the Forest Fund is paid for by a lea~ing fee. The size of leasing fee depends on the quantity and quality of forest resources and the location of the plots of the Fotest Fund. The principles of determination of the size of the leasing fees for a plot of Forest Fund and the dead lines for its payment are set up by the Supreme Soviets of the Republics constituting the Russian Federation, the Councils of People's Deputies of the Autonomous Region, Autonomous Districts, Territories and Regions, by the agreement with the district (municipal) Councils of People's Deputies, and in the cities of Moscow and St. Petersburg, by the Moscow and St.Petersburg Councils of People's Deputies, respectively. As part of the leasing payment is paid out the payment for land. Concrete sizes of the leasing payment are set up by district (municipal) Councils of People's Deputies or are determined at forest auctions. The Supreme Soviets of the Republics constituting the Russian Federation, Councils of People's Deputies and of the Autonomous Region, Autonomous Districts, Territories a nd 21 Regions, by an agreement with the district (municipal) Councils of People's Deputies, may introduce jther procedures for setting up concrete sizes of a leasing payment and the principles of their definition, and in the cities of Moscow and st.Petersburg it may be done by the Moscow and St. Petersburg councils of People's Deputies, respectively. Article 72. Distribution of payments for the utilization of the Forest Fund The forest taxes and leasing payment are paid to the regional budgets of the districts (municipal budgets of cities), on the territories of which the utiJ.ization of the Forest Fund is operated, and in the cities of Moscow and St. Petersburg to the budgets of these cities, respectively. A part of these money, by the decision of th2 disc~ict (municipal) Councils of Peopl2's Deputies, and in the cities of Moscow and St. Petersburg by the decisions of the Moscow and St. Petersburg Councils of People's Deputies, respectively, can be spent on forest protection and defense. The Supreme Soviets of the Republics constituting the Russian Federation, the Councils of People's Deputies of the Autonomous Region, Autonomous District, Territories and Regions, by an agreement with the district (municipal) Councils of People's Deputies, may set up other patterns for distribution of monet received from forest taxes and leasing payment. Article 73. Priveleges concerning the payments for the utilization of the Forest Fund SECTION 6. FOREST HANAGEMENT, STi\TE FOREST CADASTRE, STATE INVENTOR)'.' OF ?O?,"::ST FUND, AND FOREST MONITORI,JG Article 74. Forest Management Article 75. Projects made up on the basis of forest inventory materials. Article 76. Sys~e8 for carrying out forest inventory Article 77. Sta~e forest cadastre. National account of Forest Fund. Article 78. Forest Monitoring SECTION 7. SETTLEMENT OF FOREST DISPUTES AND RESPONSIBILITY FOR THE VIOLATION O? ?OREST LEGISLATION Article 79. Procedure for the settlement of forest disputes Article 80. Resfonsibility for the violation of forest legislation 22 Article 81. Responsibility for the unauthorized seizure of plots of the Forest Fund Article 82. Responsibility for the damage inflicted to the Forest Fund Article 83. Suspension of activi es endangering the conditions and regeneration of the forests Article 84. Responsibility for the struction or damage of protective forest stands and other woody and bushy vegetation not included in the Forest Fund SECTION 8. INTERNATIONAL AGREEMENTS Article 85. International Agreements President of the Russian Federation B. Yeltsin Moscow, Council House of Russia March 6, 1993 No. 4613 l