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FOREST CODE OF THE REPUBLIC OF MOLDOVA

of June 21, 1996 No. 887-XIII

(as amended on 21-09-2017)

Chapter I General provisions

Article 1. Forest legislation

(1) the Forest legislation is intended for settlement of steady forest management by rational use, recovery, protection and protection of the woods, maintenance, preserving and improvement of biodiversity of the woods, ensuring present and future requirements of society with forest resources based on multifunctionality of the woods.

(2) the Relations arising when using of forest fund (the daleelesny relations) are regulated by the Constitution, this code and other regulations adopted according to it.

(3) the relations Arising when using of forest fund connected with use and protection of lands, waters, subsoil, and also with use, protection and recovery of plant and animal life in the part which is not settled by this code are regulated by the relevant legislation.

Article 2. Forest fund

(1) the Woods, lands intended for afforestation, forest management and also the unproductive lands covered by forest management or included in the Land cadastre as the woods and/or afforestations form forest fund.

(2) Lesnoy fund includes all woods, irrespective of type of property and forms of managing.

Article 3. Basic concepts

In this law the following basic concepts are used:

public administration forest and hunting fondamideyatelnost on development and deployment of state policy by planning, the organization, accomplishment and implementation of the state control in forest and hunting areas for the purpose of providing and promotion of national interests and priorities;

cabin turnover - the number of years determined by forest management as basis for calculations for determination of normal structure and size of productive fund of economic unit;

ripeness - condition of tree or planting in case of which it is suitable for the cabin;

operation of the wood - the production process performed in the woods;

maintaining forest and hunting farms - the activities connected with managing and use of forest resources for the purpose of realization of state policy in the respective areas;

cabins of care of the wood - system of the different interconnected lesovodstvenny works and actions for process control of growth and development of the wood from the moment of its creation and to age of ripeness;

the wood - the element of geographical landscape, the functional unit of the biosphere consisting of community of forest vegetation (where trees and bushes dominate), live ground cover, animals and microorganisms which are interdependent in the biological development and influence the circle of the dwelling. The wood the sites covered with forest vegetation, the area of more 0,25 of hectare are recognized;

settlement cutting area - inventory of wood which needs to be prepared in the wood based on forest management for the purpose of ensuring its normal state. Year settlement cutting area - the inventory of annual procurement of wood, and settlement cutting area for the period - stocked wood, subject to procurement during the certain period of time;

recovery of the wood - process of replacement of old generation of trees by new (young people) generation;

type of economy - the system of leaving and operation of the wood inherent in certain type of recovery (seed, poroslevy). Differentiate seed long-boled economy, poroslevy short-stemmed economy and the mixed economy;

the mode of forest management - the politician of managing in forest fund and on sites of forest vegetation beyond its limits, irrespective of pattern of ownership and type of managing, performed by the central governing body of forestry;

habitat conditions - natural environment with the uniform physiographic circle determining development of specific biocenosis;

cabins of the main use - the main cabin of the ripe wood for procurement of wood and ensuring its recovery;

system of cabins - set of the timber measures for recovery, leaving, forest utilization and protection intended for application throughout life of afforestations.

Article 4. Earth of forest fund

(1) Lands of forest fund are:

a) the lands which are subject to afforestation:

- lands on which the woods are subject to recovery;

- the lands intended for afforestation;

b) the lands intended for forest management;

c) unproductive lands: swamps, rocks, krutosklona, landslides, solonetzic soils and others.

(2) Reference of the parcels of land to forest fund is performed based on materials of forest management or the Land cadastre according to the legislation.

Article 5. The forest vegetation which is not entering into forest fund

(1) do not enter Into forest fund:

a) the protective forest strips located on lands of agricultural purpose;

b) the protective forest strips and wood and shrubby plantings which are on strips of withdrawal of means of communication and on lands of water fund;

c) botanical gardens, tree nurseries, zoos, green plantings of the cities and rural settlements.

(2) Landing of the plantings specified in Items and) and c) parts (1) this Article, care of them, their use and protection are regulated by this code and are according to the legislation under authority of bodies of local public authority, and specified in Item

b), - under the authority of the relevant central industry organs and bodies of local public authority.

Article 6. Property right to lands of forest fund

(1) the woods Used in public concerns in the Republic of Moldova are object of exclusively public property. According to the legislation they can be presented for forest management or use.

(2) the Private property on the woods is allowed in cases of their landing in the procedure established by the legislation on the lands which are private property.

(3) the Property right to lands of forest fund is performed according to the legislation.

Chapter II Competence of Parliament, Government and bodies of local public authority in the field of regulation of the forest relations

Article 7. Competence of Parliament

Enters competence of Parliament:

a) legislative regulation of the forest relations;

b) determination of the main directions of state policy in the field of sustainable development, use, recovery, protection and protection of the woods;

c) determination of powers of bodies of local public authority in the field of use, recovery, protection and protection of the woods;

d) the solution of other questions in the field of regulation of the forest relations.

Article 8. Competence of the Government

Enters competence of the Government:

a) representation to Parliament of drafts of the legal acts concerning the forest relations, national sustainability strategies of forest and hunting funds and their inclusion in programs and development plans for the country;

b) implementation of public administration forest and hunting funds by investment of the relevant central industry organ of public management of the right to transfer to use of the earth of forest fund, being in public property, but without the order right them;

c) voided according to the Law of the Republic of Moldova of 21.09.2017 No. 185

d) establishment of procedure for leave of wood on root;

e) development and deployment of plans of formation of national network of the natural territories protected by the state and other zones needing special events for the organization and managing;

f) establishment of the principles of payment of forest uses and forest products;

g) establishment of procedure for reference of the woods to groups, subgroups and categories of zashchitnost;

h) approval of settlement cutting area on the main use of the wood;

i) establishment of single procedure for conducting the state accounting of forest fund and state forest inventory;

j) the solution of questions of provision of lands of forest fund for the state and social needs;

k) the solution of questions of provision of lands of forest fund for forest management;

l) the solution of questions of suspension of the right of forest management on lands of forest fund;

m) solution of questions of the organization and activities of state bodies of forestry;

n) approval of sustainability programmes, uses, recovery, protection and protection of the woods;

o) implementation of international cooperation in the field of use, recovery, protection and protection of the woods.

Article 9. Competence of bodies of local public authority

Enters competence of bodies of local public authority:

a) control of condition, use, recovery, protection and protection of forest and hunting funds;

b) allocation of land of forest fund;

c) registration of the right of forest management and right to use by lands of forest fund;

d) organization of conducting the state accounting of forest fund and state forest inventory;

e) assistance of forestry to state bodies in improvement of the timberland in vacation spots;

f) liquidation together with state bodies of forestry of wildfires;

g) liquidation together with state bodies of forestry of effects of wildfires and natural disasters;

h) development, coordinating and the organization of accomplishment together with state bodies of forestry of local sustainability programmes, uses, recovery, protection and protection of the woods.

Chapter III Management and housekeeping in forest and hunting funds

Article 10. Purposes of management and housekeeping in forest fund

Management and forest management shall provide:

a) sustainable development of the woods and preserving in them biological diversity;

b) strengthening of the water preserving, sanitary and hygienic, klimatoreguliruyushchy and other functions of the woods for the benefit of public health care and environmental protection;

c) recovery of the woods and expansion of afforestation, improvement of pedigree structure and quality of the woods, increase in their productivity;

d) development and application of complex of different actions, regulation of activities of state bodies of forestry for reduction and content of the woods in the condition necessary for accomplishment of ecological and social and economic functions by them;

e) continuity of functional efficiency of the woods and rational use of forest resources.

Article 11. Public administration forest and hunting funds

(1) Management forest and hunting funds is prerogative of the state.

(2) Public administration forest and hunting funds is performed by the Government, bodies of local public authority, state bodies of forestry and other representatives on that bodies.

(3) Public administration forest and hunting the funds which are public property is performed by the central governing body of forestry and bodies of local public authority.

(4) Rules, instructions and instructions of state bodies of forestry are obligatory for all owners of lands of forest fund, persons conducting forestry and forest users, and also for the companies, organizations, the organizations and citizens performing the works which are not connected with forest management and implementation of forest uses in forest fund.

Article 12. Tasks of the central governing body of forestry

(1) the Central governing body of forestry is authorized to coordinate management and housekeeping in forest fund.

(2) the Central governing body of forestry develops the mode of forest management representing system of technical, economic, legal and forest regulations which concern forest management, use, recovery, protection and protection of the woods.

(3) the Central governing body of forestry performs the mode of forest management in forest fund subordinated to it, observing the principles of sustainable development of the woods, preserving and improvements of forest biodiversity, rational use of forest resources.

(4) On lands of forest fund, not subordinated to the central governing body of forestry, implementation of the mode of forest management is provided with their owners. Control of observance of the specified mode is exercised by Inspectorate for environmental protection and bodies of local public authority.

(5) the Organization and maintaining hunting economy are within the competence of the central governing body of forestry.

(6) Central governing body of forestry:

a) will organize scientific research of components of forest biodiversity, develops measures for their preserving and rational use, determines quantity and quality of their resources, establishes the processes and actions exerting impact on their condition;

b) promotes recovery of the degraded ecosystems and also which are under the threat of disappearance and endangered species;

c) systematically (each 5 years) analyzes and compares information on preserving biodiversity and rational use of genetic and biological resources;

d) promotes informing the population on sustainable development of forest and hunting funds, condition of forest biodiversity, providing open entry to information and participation in decision making.

(7) in the field of reserves and other protected territories located on lands of forest fund, the central governing body of forestry in coordination with the central body of environmental protection:

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