Document from CIS Legislation database © 2003-2018 SojuzPravoInform LLC

FOREST CODE OF THE REPUBLIC OF KAZAKHSTAN

of July 8, 2003 No. 477-II

(The last edition from 24-05-2018)

Section 1. General provisions

Chapter 1. Basic provisions

Article 1. Forest legislation of the Republic of Kazakhstan

1. The forest legislation of the Republic of Kazakhstan is based on the Constitution of the Republic of Kazakhstan and consists of of this Code and other regulatory legal acts of the Republic of Kazakhstan.

2. The public relations in the field of use and protection vegetable (except the woods) and fauna, water objects, subsoil, the earth, atmospheric air, especially protected natural territories are regulated by the special legislation of the Republic of Kazakhstan.

3. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which contain in this Code then are applied rules of the international treaty.

Article 2. The relations regulated by this Code

1. This Code governs the public relations on ownership, use, the order of forest fund, and also establishes the legal basis of protection, protection, reproduction, increase in ecological and resource capacity of forest fund, its rational use.

2. Regulation of forest legal relationship is performed proceeding from the fact that the wood is one of the most important components of the biosphere having global ecological, social and economic value.

Article 3. Principles of the forest legislation of the Republic of Kazakhstan

The forest legislation of the Republic of Kazakhstan is based on the following principles:

1) recognitions of nation-wide value of the woods which are carrying out klimatoreguliruyushchy, sredoobrazuyushchy, the field - and soil-protective, water preserving and sanitary and hygienic functions;

2) sustainable development of the woods (permanent increase in amount of forests of the territory of the Republic of Kazakhstan);

3) preserving biological diversity of the woods, objects of the state natural and reserved fund, cultural and natural heritage;

4) multi-purpose use of the woods;

5) rational, continuous, unexhausted use of forest resources;

6) state regulation, control in the field of protection, protection, use of forest fund, reproduction of the woods and afforestation;

7) differentiations of functions of regulation of forest utilization and functions of implementation of cabins of the main use and conversion of the received wood;

8) compensations of the damage caused by violation of the forest legislation of the Republic of Kazakhstan;

9) paid nature of use of forest resources;

10) availability of information on condition of forest fund;

11) participations of the population and public associations in protection and protection of forest fund.

Article 4. The basic concepts used in this Code

In this Code the following basic concepts are used:

1) agricultural forest melioration planting - the protective forest planting allowing to reduce impact of natural factors, adverse for agricultural industry;

2) selection of tree and shrubby species (forest selection) - complex of actions for selection in natural populations or to artificial receipt of forms and grades of the forest breeds having economic and other value;

3) cutting down - the forest square on which planting is cut down and the new generation of the wood was not formed yet;

4) illegal felling of the wood - the cabin of the trees and bushes in forest fund of the Republic of Kazakhstan including damaged and the dead as a result of natural, anthropogenous and technogenic factors: without logging ticket; under the logging ticket made with abuse of regulations of cabins of the wood on sites of the state forest fund, made with violation of the terms established in the logging ticket; the cabin in the sizes exceeding settlement cutting area;

5) glade - the forest area deprived of trees, but which kept elements of forest vegetation;

6) the cabin of intermediate use - the cabin of care of the wood, the selective sanitary cabin and the cabin connected with reconstruction of invaluable forest plantings, and also the plantings losing protective, water preserving and other functions, the cabin of single trees in young growths;

7) plantatsionny plantings of special purpose - the artificial plantings which are grown up in industrial, energy, food and other purposes;

8) plus tree - the tree considerably exceeding on one or several hozyaystvenno valuable signs and properties the surrounding trees of one with it age and phenological form growing with it in the same forest vegetation conditions;

9) archives of clones of plus trees - the plantings created with use of vegetative posterity of plus trees for the purpose of preserving their gene pool and studying of heritable properties;

10) plus planting - highly productive and steady planting for certain forest vegetation conditions;

11) especially valuable forests - the woods, unique on pedigree structure, with availability of relic and endemic breeds; the woods, unique on productivity and genetic qualities; the woods performing important protective functions in difficult environment;

12) aerial photography - photography of the area from aircrafts and other aircraft by means of aerial camera for the purpose of use of aerial photographs for mapping, delimitation of land ownership; studying of the environment and its monitoring;

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