FOREST CODE OF THE REPUBLIC OF MOLDOVA

of March 28, 2024 No. 69

The parliament accepts this code.

Chapter I General provisions

Article 1. Regulation subject

(1) This code establishes the regulatory base in the field of steady management of forest fund, preserving and recovery of biological diversity irrespective of property type, and also in the field of rational use and ensuring the current and future demands of society with forest resources.

(2) the Legal relations arising in the course of use of forest fund are regulated by this code, the civil, land, nature protection legislation and other regulations in the field.

(3) the Subject of forest legal relationship is the behavior of persons of law concerning the woods, lands of forest fund and the forest vegetation located outside forest fund.

Article 2. Steady management of forest fund

(1) Steady management of forest fund provides reproduction, protection and protection of the woods, preserving biological biodiversity, including providing measures for adaptation of the forest sector to climate changes.

(2) Steady management of forest fund is based on the following principles:

a) long-term forest policy;

b) integrity, stability and permanency of ecosystems;

c) integrity of forest fund, stability and restorability of the woods;

d) biological diversity of the wood;

e) harmonization of the relations between forestry and other fields of activity;

f) health and viability of the woods;

g) territoriality of management of the woods.

(3) the following criteria of steady management of forest fund Are established:

a) maintenance, preserving and increase in biological diversity of the woods;

b) maintenance of health and viability of the woods;

c) maintenance and strengthening of protective functions of the woods;

d) preserving and strengthening of productive capability of forest resources, their contribution to preserving world balance of carbon;

e) preserving and stimulation of productive function of the woods (wood and not wood products);

f) preserving other social and economic functions and conditions.

(4) Indicators for each criterion of steady management of forest fund affirm the Government.

(5) Program documents in the field of forest fund are developed and implemented based on established in part (2) the principles and indicators for each criterion of steady management of forest fund.

Article 3. Basic concepts

For the purposes of of this Code the following concepts are used in value:

administration of forest fund – set of the types of activity on planning and monitoring of technical, economic and legal nature aimed at providing steady management of the woods with observance of the mode of forest management irrespective of property type;

forest management – the bases of management of the woods having technical and organizational, legal and economic content, relying on the ecological principles;

forest management – set of the actions and measures of permanent and continuous nature aimed at providing ecological and social and economic functions of the wood;

the subject of forestry – the legal entity created according to the legislation for management of forest fund and program implementation and development plans for forestry;

ripeness – condition of the maximum functional efficiency of tree or planting in case of which they are suitable for the cabin;

wood cultivation – set of the intensive and industrial forest technologies intended for receipt of wood pulp;

steady management of the woods – administration and use of the woods, lands with forest vegetation outside forest fund for the purpose of preserving, improvement of biodiversity, productivity, capability to recovery, viability, sanitary condition so that to provide now and in the future capability to carry out numerous permanent ecological, economic and social functions at the local, regional, national and global levels without prejudice to other ecosystems;

forest area – the territorial forest subdivision which does not have the status of the legal entity, created for the purpose of management or ensuring forest conservation, supervision of them and annual establishment of forest works according to forest management for lands of forest fund irrespective of property type;

the wood – form of natural vegetation in which trees prevail and is provided own climate specific to forest ecosystems, the area 0,25 of hectare covered with the trees reaching at mature age under normal conditions vegetation at least 5 meters in height is at least, and the indicator of density of kroner in comparison with total area of the earth (consistence) constitutes at least 30%;

afforestation – the plantings of forest tree and shrubby species created by landing and crops for the purpose of forestry goal achievement;

settlement cutting area – amount of wood which can be prepared as the main products from production unit based on forest management during the term of its action;

preliminary deduction of wood – action for substitution of the amounts of wood intended to procurement from the plantings included in ten-year procurement plans of the main products, the amounts received as a result of operation of wood pulp from the plantings which are completely affected by biotic or abiotic factors or from plantings which age exceeds 1/2 age of technical ripeness which are partially affected by biotic or abiotic factors, or resulted to legal stubbing of the woods and illegal cabins;

the mode of forest management – set technical, economic and precepts of law on administration and management of forest fund for the purpose of ensuring steady management of forest ecosystems;

the special mode of housekeeping and protection of forest fund – set of the rules, regulations and measures established by regulations or management plans the woods for the purpose of ensuring steady use of forest fund, preserving biodiversity of the woods, environmental protection and maintenance of ecological and social functions of the wood;

ecosystem services – set of notable and intangible benefits which the natural or changed by the person ecosystems provide to society and which are vital for wellbeing of people;

cabins of the main use – the main cabin of ripe forest stands (woods) for procurement of wood and ensuring recovery of the woods;

system of cabins – set of the timber measures for recovery, management, forest utilization and protection intended for application throughout life of afforestations;

forest vegetation – the vegetation consisting of forest trees and bushes, created by natural or artificial way of crops and landing.

Article 4. Forest fund

(1) Lesnoy includes fund:

a) the woods (the land covered with the woods);

b) lands with the woods which are in recovery stages, and the plantings created for the purpose of forest management;

c) the lands intended for afforestation and reforestation: the degraded lands and woodless lands established according to the law for afforestation;

d) the lands serving for needs of forestry: nurseries, sunbeds, plantations and cultures of uterine plants;

e) the lands serving for needs of forestry and landscape production: wood cultivation, pletnevy cultures, New Year trees, decorative both fruit-trees and bushes;

f) the lands serving for needs of management of forestry: the lands used for providing with forage of game and production of forages, the lands transferred to temporary use to employees of forest service;

g) the lands occupied with structures, and adjoining to them the lands covered by forest management: office buildings, camp sites, fazanariya, special fish-breeding constructions and objects, hunting farms, forest roads, production rooms for conversion of forest products, other technical objects characteristic of forestry;

h) forest lands within boundary corridor and security strip of frontier;

i) the unproductive lands covered by forest management;

j) ponds, beds of the rivers and streams covered by forest management and the State water inventory;

k) the earth of forest fund, being at the disposal of physical persons and legal entities without legal permission (captures and disputes).

(2) Earth, covered with the woods, other categories of forest vegetation, and the lands provided in part (1), irrespective of property type, are covered by forest management and join in land cadastre as the lands covered with the woods or forest plantings.

(3) Reference of lands to forest fund is performed based on forest management materials by land surveying and registration in the register of real estate objects.

(4) All lands included in forest fund are lands of forest appointment, constitute part of natural heritage and represent national strategic resource.

(5) Earth outside forest fund, occupied with the planted forest vegetation and/or forest vegetation of natural origin corresponding to the concept of the wood given in Article 3, are subject to process of change of appointment and inclusion in forest fund.

(6) the Procedure for transfer, exchange, change of purpose of the lands specified in parts (4) and (5), and also change of borders of forest fund affirm the Government.

(7) do not enter Into forest fund:

a) the protective forest strips located on lands of agricultural purpose according to provisions of master plans of arrangement of the territory;

b) the protective forest strips and wood and shrubby plantings located along engineering networks;

c) the forest strips for protection of reservoirs located on lands of water fund, except for the protective strips located on categories of the lands included in Item j) parts (1);

d) the forest strips, sites of forest vegetation, other types of plantings created on the existing meadows for the purpose of their organization and protection and/or for the purpose of creation of optimal conditions for growth of grass cover and increase in food supply;

e) other types of plantings of forest breeds created for the energy purposes and/or for receipt of wood pulp, food, technical, aromatic products etc. on the lands other than lands of forest fund;

f) earth of green plantings of city and rural settlements, botanical, zoos and dendrology parks;

g) the agricultural holdings irrespective of property type occupied with the planted forest vegetation and/or forest vegetation of natural origin, corresponding the concept of the wood given in Article 3;

h) the lands occupied with agroforestry and lesopastbishchny plantings.

Article 5. Property right to forest fund

(1) By the form property the forest fund can be:

a) property of the state;

b) property of administrative and territorial units;

c) private property.

(2) the Property right is performed:

a) The government – concerning the forest fund which is in property of the public sphere of the state;

b) local councils – concerning the forest fund which is in property of the public sphere of administrative and territorial units of the first level;

c) physical persons and/or legal entities – concerning the forest fund which is in private property according to legislation provisions.

(3) Earth, corresponding to provisions of the law on forming of real estate units, other regulations in the field, acquired at the expense of public financial resources for the purpose of consolidation, maintenance, preserving and development of forest fund, become the forest fund which is in public property of the state.

(4) Land, bought at the expense of local public financial resources for the purpose of consolidation of the forest sector of administrative and territorial units, become the forest fund which is in public property of administrative and territorial units.

(5) the Private property on the woods is recognized case of landing and/or natural origin of forest vegetation on the lands which are in private property, according to the procedure, established by the legislation, way of change of purpose of lands.

(6) Lesnoy the fund which is in property of the state or administrative and territorial units treats their public sphere, is not subject to alienation, to the address of collection and prescriptive limit does not extend to it.

(7) For steady management of lands of forest fund, consolidation of property, increase in cost efficiency of sale of forest products and services, creation of forest areas, increase in capability to development of financial resources irrespective of their source, owners of lands of forest fund can unite by organization of Owners' Associations of the woods and other forms of consolidation which are not contradicting the legislation.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info