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FOREST CODE OF THE RUSSIAN FEDERATION

of December 4, 2006 No. 200-FZ

(as amended on 02-07-2021)

Accepted by the State Duma of the Russian Federation on November 8, 2006

Approved by Council of the Russian Federation on November 24, 2006

Chapter 1. General provisions

Article 1. Basic principles of the forest legislation

The forest legislation and other regulatory legal acts governing the forest relations are based on the following principles:

1) steady management of the woods, preserving biological diversity of the woods, increase in their potential;

2) preserving sredoobrazuyushchy, water preserving, protective, sanitary and hygienic, improving and other useful functions of the woods for the benefit of providing the right of everyone to the favorable environment;

3) use of the woods taking into account their global ecological value, and also taking into account duration of their cultivation and other natural properties of the woods;

4) ensuring multi-purpose, rational, continuous, unexhausted use of the woods for requirements satisfaction of society in the woods and forest resources;

5) preserving the woods, including by means of their protection, protection, reproduction, afforestation;

6) improvement of quality of the woods, and also increase in their productivity;

7) participation of citizens, public associations in preparation of decisions which realization can make impact on the woods in case of their use, protection, protection, reproduction, in the procedures and forms established by the legislation of the Russian Federation;

8) use of the woods by the methods which are not doing harm to the environment and health of the person;

9) use of the woods on the purpose determined according to types of the woods and the useful functions which are carried out by them;

10) inadmissibility of use of the woods by public authorities, local government bodies;

11) paid nature of use of the woods.

Article 2. Forest legislation

1. The forest legislation consists of of this Code, other Federal Laws and the laws of subjects of the Russian Federation adopted according to them.

2. The forest relations can be governed also by presidential decrees of the Russian Federation which shall not contradict this Code, other Federal Laws.

3. The government of the Russian Federation publishes the regulatory legal acts governing the forest relations within the powers determined by this Code, other Federal Laws, and also presidential decrees of the Russian Federation.

4. Federal executive bodies publish the regulatory legal acts governing the forest relations in the cases provided by this Code, other Federal Laws, and also presidential decrees of the Russian Federation, orders of the Government of the Russian Federation.

5. On the basis and in pursuance of of this Code, other Federal Laws, the laws of subjects of the Russian Federation, presidential decrees of the Russian Federation, orders of the Government of the Russian Federation executive bodies of subjects of the Russian Federation within the powers can publish the regulatory legal acts governing the forest relations.

6. On the basis and in pursuance of of this Code, other Federal Laws, the laws of subjects of the Russian Federation, presidential decrees of the Russian Federation, orders of the Government of the Russian Federation local government bodies within the powers can publish the municipal legal acts governing the forest relations.

Article 3. The relations regulated by the forest legislation

1. The forest legislation governs the relations in the field of use, protection, protection and reproduction of the woods, afforestation (the forest relations).

2. The property relations connected with turnover of the timberland of the forest plantings received when using the woods and implementing actions for preserving the woods of wood and other forest resources are regulated by the civil legislation, and also the Land code of the Russian Federation if other is not established by this Code, other Federal Laws.

Article 4. Participants of the forest relations

1. Participants of the forest relations are the Russian Federation, subjects of the Russian Federation, municipalities, citizens and legal entities.

2. On behalf of the Russian Federation, subjects of the Russian Federation, municipalities public authorities of the Russian Federation, public authorities of subjects of the Russian Federation, local government bodies within the powers established by regulatory legal acts participate in the forest relations respectively.

Article 5. Concept of the wood

Use, protection, protection, reproduction of the woods are performed proceeding from concept about the wood as about ecological system or as about natural resource.

Article 5.1. Information on the woods

1. Information on the woods is public information to which access for citizens and legal entities cannot be limited if other is not provided by the Federal Laws.

2. Information on the woods is posted on the official sites on the Internet of public authorities, the local government bodies performing according to Articles 81 - 84 of this Code of power in the field of use, protection, protection and reproduction of the woods.

3. The structure and contents of information on the woods are established by authorized federal executive body.

Article 6. The woods located on the lands which are not relating forest fund to lands

1. The woods are located on lands of agricultural purpose and other lands established according to the Land code of the Russian Federation.

2. Features of use, protection, protection, reproduction of the woods located on the lands which are not relating forest fund to lands are determined by Articles 120 - 123 of this Code.

Article 6.1. Earth of forest fund

1. Forest lands and not forest lands belong to lands of forest fund.

2. Lands on which the woods, and lands intended for reforestation are located belong to forest lands (cuttings down, ashes, retinas, waste grounds, glades and others).

3. The lands necessary for development of the woods (glade, the road and others), and the lands inconvenient for use belong to not forest lands (swamps, stony scatterings and others).

4. Borders of lands of forest fund are determined by borders of forest areas.

Article 7. Wood lot

The wood lot is the parcel of land which is located in borders of forest areas and is formed according to requirements of the land legislation and of this Code.

Article 8. Property right to the timberland

1. The timberland as a part of lands of forest fund is in federal property.

2. Patterns of ownership on the timberland as a part of lands of other categories are determined according to the land legislation.

Article 9. Permanent (termless) use of the wood lot, limited use of others wood lot (servitude, public servitude), lease of the wood lot and free use by the wood lot

1. The right of permanent (termless) use of the wood lot which is in the state-owned or municipal property, the right of free use by such wood lot and also the right of lease of such wood lot arises and stops on the bases and according to the procedure which are provided by the civil legislation, the Land code of the Russian Federation if other is not established by this Code, other Federal Laws.

2. Establishment and the termination of the servitude concerning the wood lot which is in the state-owned or municipal property are performed on the bases and according to the procedure which are provided by the civil legislation, the Land code of the Russian Federation if other is not established by this Code.

3. Establishment and the termination of the public servitude concerning the wood lot which is in the state-owned or municipal property are performed on the bases and according to the procedure which are provided by the Land code of the Russian Federation. The procedure and features of use of the woods in case of establishment of the public servitude concerning the wood lot which is in the state-owned or municipal property are determined according to this Code.

Article 10. Division of the woods located on lands of forest fund on their purpose

1. The woods located on lands of forest fund are divided into the following types:

1) protective woods;

2) operational woods;

3) reserve woods.

2. Features of use, protection, protection, reproduction of the protective woods, operational woods and reserve woods are established by Articles 110 - the 119th of this Code.

Article 11. Stay of citizens in the woods

1. Citizens have the right freely and free of charge to stay in the woods and for own needs to perform procurement and collection of wild-growing fruits, berries, nuts, mushrooms, other forest resources (food forest resources), suitable for consumption, and also not wood forest resources.

2. Citizens shall follow fire safety regulations in the woods, rules of sanitary safety in the woods, rules of reforestation and the rule of care of the woods.

3. Citizens are forbidden to perform procurement and collection of mushrooms and wild-growing plants which types are included in the Red List of the Russian Federation, Red Lists of subjects of the Russian Federation, and also mushrooms and wild-growing plants which are recognized drugs according to the Federal Law of January 8, 1998 to N3-FZ "About Drugs and Psychotropic Substances".

4. Stay of citizens can be forbidden or limited in the woods which are located on lands of defense and safety, lands of especially protected natural territories, other lands, access for citizens to which is prohibited or limited according to the Federal Laws.

5. Stay of citizens in the woods can be limited for the purpose of providing:

1) fire safety and sanitary safety in the woods;

2) safety of citizens in case of performance of works.

6. Prohibition or restriction of stay of citizens in the woods on the bases which are not provided by this Article is not allowed.

7. Stay of citizens in the woods for the purpose of hunting is regulated by the forest legislation and the legislation in the field of hunting and preserving hunting resources.

8. Persons to whom the timberland having no right to interfere with access for citizens to this timberland, and also implementation of procurement and collection of the food and not wood forest resources which are on them, except as specified, provided by this Article is provided. The timberland provided to citizens and legal entities can be fenced only in the cases provided by this Code.

Article 12. Development of the woods

1. Development of the woods is performed for the purpose of ensuring their multi-purpose, rational, continuous, unexhausted use, and also development of forest complex.

2. Development of the woods is performed with respect for their purpose and the useful functions which are carried out by them.

3. The operational woods are subject to development for the purpose of steady, most effective receipt of high-quality wood and other forest resources, products of their conversion with ensuring preserving useful functions of the woods.

4. The protective woods are subject to development for the purpose of preserving sredoobrazuyushchy, water preserving, protective, sanitary and hygienic, improving and other useful functions of the woods with simultaneous use of the woods under condition if this use is compatible to purpose of the protective woods and useful functions which are carried out by them.

5. In case of development of the woods on the basis of integrated approach are performed:

1) organization of use of the woods;

2) creation and operation of objects of forest and wood-processing infrastructure;

3) holding actions for protection, protection, reproduction of the woods;

4) holding actions for protection, use of objects of fauna, water objects.

Article 12.1. Forest complex

1. The forest complex represents set of the types of economic and other activity relating to forestry and wood industry.

2. Forestry - types of economic and other activity on use and preserving the woods, and also on forest management and management in the field of the forest relations.

3. The wood industry is set of the industries connected with procurement, export from the wood and wood storage, primary and subsequent processing of wood, production of conversion of wood on objects of wood-processing infrastructure.

Article 12.2. Wood and products from it

1. Wood - the forest resource received from the cut-down, cut, cut off trunks of trees which is used including for receipt of forest products and other products of conversion of wood.

2. Wood can be received when using the woods and implementing actions for their preserving, and also in other cases provided by this Code.

3. From wood by processing, primary and subsequent, physical methods or conversions by physical and chemical methods receive products from wood, including forest products (the switches processed and the raw assortments and other forest products classified by specific (pedigree) and assortment structures according to the All-Russian Product Classifier by types of economic activity, the single Commodity nomenclature of foreign economic activity of the Eurasian Economic Union) and also classified according to specified by the qualifier and the nomenclature other types of products (wood conversion products).

4. The switches (cleared of boughs the cut-down, cut, cut off trunks of trees not subject to separation into assortments by cross or longitudinal division), the raw assortments (the forest products received by cross division of the trunks which underwent to primary (rough) processing (removal of bark and sapwood, cutting of boughs, department of top and radical part of trunks of trees, cross division of trunks of trees into assortments) including logs, balances, sawlog), firewood and other fuel wood belong to the raw forest products.

5. The forest products which underwent to the subsequent (industrial) processing including the forest products received by longitudinal division of trunks into the assortments sawing up or splitting lengthways processed by planing or hulling, polishing and different ways, having or which do not have face connections, timber belong to the processed forest products.

6. For the purposes of application of part 2 of Article 80.1 of this Code timber, wood-shaving plates, plywood, the pressed wood, wood pulp, cellulose, paper, cardboard and other products from wood which list is established by the Government of the Russian Federation belong to products from wood with high share of value added.

Article 13. Forest infrastructure

1. For the purpose of use, protection, protection, reproduction of the woods creation of forest infrastructure, including forest roads is allowed.

2. Objects of forest infrastructure shall contain in the condition providing their operation to destination on condition of preserving useful functions of the woods.

3. Objects of forest infrastructure after need for them disappears, are subject to demolition, and lands on which they were located, - recultivations.

4. Forest roads can be created in case of any kinds of use of the woods, and also for the purpose of protection, protection and reproduction of the woods.

5. The list of objects of forest infrastructure affirms the Government of the Russian Federation for the protective woods, the operational woods, the reserve woods, and procedure for designing, creation, content and operation of such objects - authorized federal executive body.

Article 14. Wood-processing infrastructure

1. For the product receipt of conversion of wood and other forest resources received when using the woods wood-processing infrastructure is created.

2. Creation and operation of wood-processing infrastructure is forbidden in the protective woods, and also in other cases provided by this Code, other Federal Laws.

3. Wood-processing infrastructure belongs to objects of industrial infrastructure according to the legislation in the field of industrial policy.

Article 15. Division into districts of the woods

1. Depending on climatic conditions forest vegetation zones in which the woods with rather homogeneous forest vegetation signs (forest vegetation division into districts) are located are determined.

2. On the basis of forest vegetation division into districts establishment of forest areas with rather similar conditions of use, protection, protection, reproduction of the woods is performed.

3. Forest vegetation zones and forest areas according to evidence-based methodology are determined by authorized federal executive body.

4. Age of cabins of forest plantings (the age of forest plantings established for procurement of wood of certain commodity structure), rules of procurement of wood and other forest resources, fire safety regulations in the woods, rules of sanitary safety in the woods, rules of reforestation and the rule of care of the woods are established for each forest area by authorized federal executive body.

Article 16.

No. 304-FZ voided according to the Federal Law of the Russian Federation of 02.07.2021

Article 16.1.

No. 304-FZ voided according to the Federal Law of the Russian Federation of 02.07.2021

Article 17.

No. 304-FZ voided according to the Federal Law of the Russian Federation of 02.07.2021

Article 18.

No. 304-FZ voided according to the Federal Law of the Russian Federation of 02.07.2021

Article 19. Actions for preserving the woods and for forest management

1. Actions for preserving the woods, including works on protection, protection, reproduction of the woods, afforestation (further also - actions for preserving the woods), and also actions for forest management are performed by public authorities, local government bodies within the powers determined according to Articles 81 - 84 of this Code, and persons who use the woods and (or) to whom this Code assigns obligation on accomplishment of such works.

2. Actions for preserving the woods and for forest management can be performed by the public (municipal) institutions subordinated to federal executive bodies, executive bodies of subjects of the Russian Federation, local government bodies, within powers of the specified bodies determined according to Articles 81 - 84 of this Code.

3. When implementing actions for preserving the woods by the public (municipal) institutions specified in part 2 of this Article sale of forest plantings for procurement of wood according to this Code at the same time is performed.

4. In cases if implementation of actions for preserving the woods located on the lands which are in the state-owned or municipal property of actions for forest management of such woods is not assigned in accordance with the established procedure to the public (municipal) institutions specified in parts 2 and 9 of this Article or to persons who use the woods and (or) to whom this Code assigns obligation on accomplishment of such works, public authorities, local government bodies conduct procurement of works on preserving the woods, actions for forest management in accordance with the legislation of the Russian Federation about contractual system in the field of purchases of goods, works, services for ensuring the state and municipal needs and this Code.

5. When implementing purchases of works on preserving the woods sale of forest plantings for wood procurement according to the procedure, established by the Government of the Russian Federation is at the same time performed. For this purpose the contract for performance of works on preserving the woods joins conditions about purchase and sale of forest plantings.

8. The organizations specified in part 2 of this Article having the right to perform on contractual basis at the expense of persons specified in parts 1 and 2 of Article 63.1 of this Code, work on reforestation, afforestation.

9. Actions for forest management in the woods located on lands of forest fund including on the timberland provided on the bases provided by this Code are performed by the federal state budgetary institution subordinated to authorized federal executive body, according to the plan of carrying out forest management, stipulated in Article 67.2 of this Code, independently or with involvement of other persons according to the procedure, established by the legislation of the Russian Federation on contractual system in the field of purchases of goods, works, services for ensuring the state and municipal needs.

10. In cases if concerning provided on the bases provided by this Code the timberland performance of works on valuation of the woods, designing of actions for preserving the woods is not provided by the approved plan of carrying out forest management specified in Article 67.2 of this Code, accomplishment of such works is performed by persons specified in parts 2 and 9 of this Article and provided at the expense of the interested person in the terms established by the forest management instruction approved by authorized federal executive body.

11. Inclusion in the state forest register of the forest management documentation prepared as a result of performance of works, provided by part 10 of this Article, at the expense of the interested person, is performed according to procedure for maintaining the state forest register.

Article 20. The property right to wood and other forest resources received when using the woods

1. Citizens, legal entities who use the woods according to the procedure stipulated in Article the 25th of this Code, acquire the property right to wood and other forest resources received when using the woods according to the civil legislation.

2. The property right to wood which is received when using the woods located on lands of forest fund according to Articles 43 - the 46th of this Code belongs to the Russian Federation.

3. The procedure for realization of wood which is received when using the woods located on lands of forest fund according to Articles 43 - the 46th of this Code is established by the Government of the Russian Federation.

4. The wood prepared by the public (municipal) institutions specified in article 19 of this Code including when holding actions for preserving the woods is implemented at the organized auction held according to the legislation on the organized biddings.

Article 21. Construction, reconstruction, capital repairs, commissioning and conclusion from operation, demolition, liquidation and preservation of the capital construction projects which are not connected with creation of forest infrastructure

1. The construction, reconstruction, capital repairs, commissioning and conclusion from operation of the capital construction projects which are not connected with creation of forest infrastructure on lands of forest fund are allowed when using the woods for the purpose of:

1) implementation of geological studying of subsoil, exploration and production of minerals;

2) construction and operation of water storage basins and other artificial water objects, creation and expansion of the territories of sea and river ports, construction, reconstruction and operation of hydraulic engineering constructions;

3) constructions, reconstruction and operation of linear objects;

4) creation and operation of objects of wood-processing infrastructure;

5) implementation of recreational activities;

6) implementation of religious activities.

2. The construction, reconstruction, capital repairs, commissioning and conclusion from operation of the capital construction projects which are not connected with creation of forest infrastructure on lands of other categories on which the woods are located are allowed in the cases determined by other Federal Laws according to purpose of these lands.

3. In case of construction, reconstruction, capital repairs, commissioning and conclusion from operation of the capital construction projects which are not connected with creation of forest infrastructure the lands which are not occupied with forest plantings, and also lands, occupied with the forest plantings specified regarding 3 articles 29 of this Code are used first of all if other is not established by this Code.

4. Continuous cabins of forest plantings for construction, reconstruction, capital repairs of the capital construction projects for the purpose of provided by items 4 - 6 parts of 1 this Article, are not allowed.

5. For the purpose of, provided by Items 1 - 3 parts of 1 this Article (including for the purpose of carrying out wrecking), are allowed selective cabins and continuous cabins of trees, bushes, lianas, including in the conservation zones and sanitary protection zones intended for safety of citizens and creation of necessary conditions for operation of the corresponding objects.

6. In the protective woods the selective cabins and continuous cabins of trees, bushes, lianas provided by part 5 of this Article are allowed in cases if construction, reconstruction, capital repairs and operation of the capital construction projects which are not connected with creation of forest infrastructure, for the purpose of, provided by Items 1 - 3 parts of 1 this Article, are not prohibited or are not limited in accordance with the legislation of the Russian Federation.

7. The capital construction projects connected with the organization of 1 part of 1 this Article of activities specified in Item after terms of accomplishment of the corresponding works are subject to demolition, preservation or liquidation according to the legislation on subsoil.

8. The capital construction projects which are not connected with creation of forest infrastructure and being hydraulic engineering constructions upon termination of the term of their operation are subject to demolition, preservation or liquidation according to the water legislation and the legislation on safety of hydraulic engineering constructions.

9. Lands which were used for construction reconstruction, capital repairs or operation of the capital construction projects which are not connected with creation of forest infrastructure are subject to recultivation.

10. The list of the capital construction projects which are not connected with creation of forest infrastructure affirms the Government of the Russian Federation for the protective woods, the operational woods, the reserve woods.

11. When using the woods the construction and operation of the capital construction projects carried according to the Federal Laws to apartment houses are not allowed.

12. Limiting (maximum and (or) minimum) parameters of the permitted construction, reconstruction of the capital construction projects specified regarding 1 this Article and uses of the woods of the requirement to such objects determined taking into account types, except for linear objects, affirm the Government of the Russian Federation.

Article 21.1. Construction and operation of non-capital structures, the constructions which are not connected with creation of forest infrastructure

1. Construction and operation of non-capital structures, the constructions which are not connected with creation of forest infrastructure on lands of forest fund are allowed in cases of use of the woods for the purpose of provided by part of 1 Article of 21 of this Code and also in other cases provided by this Code.

2. For construction of non-capital structures, the constructions which are not connected with creation of forest infrastructure continuous cabins of forest plantings (except for case of use of the woods for the purpose of implementation of geological studying of subsoil, exploration and production of minerals if construction of such structures, constructions for the specified purpose are not prohibited or are not limited in accordance with the legislation of the Russian Federation) are not allowed, and when using the woods according to Article of 41 of this Code also selective cabins of forest plantings are not allowed.

3. The list of non-capital structures, the constructions which are not connected with creation of forest infrastructure for the protective woods, the operational woods, the reserve woods affirms the Government of the Russian Federation.

Article 22. Investing activities in the field of development of the woods

1. The investing activities in the field of development of the woods are performed according to the Federal Law of February 25, 1999 N39-FZ "About Investing Activities in the Russian Federation Performed in the form of Capital Investments".

2. Subjects to capital investments in the field of development of the woods are objects of the created and (or) modernized forest infrastructure and wood-processing infrastructure.

3. Preparation of the list of priority investment projects in the field of development of the woods and its approval are performed according to the procedure, established by the Government of the Russian Federation.

Article 23. Forest areas

1. The main territorial units of management in the field of use, protection, protection, reproduction of the woods are forest areas, and also local forest areas which can be created as a part of forest areas.

2. Forest areas are created on lands:

1) forest fund;

2) defenses and safety on which the woods are located;

3) settlements on which the woods are located;

4) especially protected natural territories in which the woods are located.

3. Creation and abolition of forest areas and the local forest areas created in their structure, establishment and change of borders of forest areas and local forest areas are performed by decisions of public authorities, local government bodies within their powers according to Articles 81 - 84 of this Code.

4. The annex to the decision on creation of forest areas and the local forest areas created in their structure, on establishment and change of borders of forest areas and local forest areas is the graphical description of location of the specified borders including the list of coordinates of characteristic points of borders of forest areas and local forest areas, prepared according to Article 68.1 of this Code.

Chapter 1.1. Cabins and tapping of forest plantings

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