Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

FOREST CODE OF THE REPUBLIC OF KAZAKHSTAN

of July 8, 2003 No. 477-II

(as amended on 28-10-2019)

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 and supervision 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;

13) the cabin of the main use - the cabin of ripe and overmatured forest stand for wood procurement;

14) biological diversity - set of the vegetable and animal organisms characteristic of certain territory;

15) biocenosis - set of the plants, animals and microorganisms inhabiting certain, rather homogeneous parcel of land or the site of reservoir and interacting among themselves;

16) gene pool - set of genes of one group of individuals (population, group of populations or type) within which they are characterized by certain frequency of occurrence;

17) geographical cultures - the pilot cultures created by special techniques by seed posterity of the most characteristic populations of several ecotypes (climatypes) for the purpose of their testing in new conditions;

18) derivative - derivative plants and products made from him and her derivative;

19) economic threshold of injuriousness - density of wreckers of the wood at which damage caused to forest resources at cost exceeds costs for fight against these wreckers;

20) minus planting - planting of low productivity and bad quality for certain forest vegetation conditions;

21) cutting area - the site of the wood allocated for cabins of all types or which is in cabin stage;

22) withdrawal of cutting areas - actions for delimitation in nature and valuation of cutting areas, mark of the trees which are subject to cutting down, material and money value of the wood considered on cutting area;

23) extra felling clutter - the natural falling off of wood (trunks and branches) lying on the earth out of cutting areas and which is not prepared in the industrial purposes;

24) age of the cabin - age of forest stand since which it from category coming turns into category of ripe and can be appointed to the cabin of the main use;

25) недоруб - the trees or sites of the wood appointed to the cabin, but which are not cut down in time, provided by the logging ticket;

26) the city woods - the natural and (or) artificial plantings performing mainly the sanitary and hygienic and recreational functions growing in borders of the city settlement and being part of the state forest fund;

27) normal planting - planting of high and average productivity, good and average quality for certain forest vegetation conditions;

28) minor wood resources (materials) (further - minor wood resources) - bark, branches, stubs, roots, leaves, buds of trees and bushes;

29) grounds of the state forest fund - the parcels of land allocated as a part of the state forest fund in case of forest management for the purpose of the state accounting of forest fund, special mapping and planning of forestry and landscape actions;

30) category of the state forest fund - allocated according to the procedure, established by the legislation of the Republic of Kazakhstan, part of the state forest fund with special protective, water preserving, sanitary and hygienic, recreational, scientific or other special purpose in the territory of which the specific mode of forest management and forest utilization is set;

31) the state forest management organization - the republican state state company created according to the decision of the Government of the Republic of Kazakhstan;

32) the wood - the natural complex which is created in certain territory, on the basis of set of wood and shrubby vegetation and other components of wildlife, interacting with the environment and having important ecological, economic and social value;

33) wood diseases - the pathological processes caused by the adverse factors of the environment or organisms capable to be transferred from sick plants to healthy, and the structures of plants leading to change or their death;

34) forest cultures - artificially created plantings from forest tree and shrubby species;

35) silvicultural fund - uncovered the ground wood (cuttings down, ashes, glade, retina) and not forest grounds which afforestation is possible only by artificial cultivation of the wood;

36) wreckers of the wood - the organisms damaging forest plantings;

37) land ownnership - the right of possession and uses of sites of the state forest fund provided by the Government of the Republic of Kazakhstan to the state forest owners for forest management and forest utilization, functioning of especially protected natural territories, and also the right of possession, uses and orders private forest fund provided to private forest owners according to the procedure, established by this Code;

38) forest owners - the state organizations to which sites of the state forest fund are provided on the right of permanent land use, and also physical and non-state legal entities in whose property there are sites of private forest fund according to this Code;

39) forest bypass - the part of the territory of forest area assigned to one forester for its protection, determined according to the procedure, established by this Code and other regulatory legal acts of the Republic of Kazakhstan;

40) the state control in the field of protection, protection, uses of forest fund, reproduction of the woods and afforestation - activities of authorized body in the field of forestry on check and observation of the checked subjects regarding compliance of their activities to the requirements established by the legislation of the Republic of Kazakhstan during implementation and by results of which measures of right restrictive nature without rapid response can be applied;

40-1) state supervision in the field of protection, protection, uses of forest fund, reproduction of the woods and afforestation - activities of authorized body in the field of forestry on check and observation of observance by the checked subjects of requirements of the legislation of the Republic of Kazakhstan, during implementation and by results of which measures of right restrictive nature, including rapid response can be applied;

41)  No. 156-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 24.05.2018;

42) use of forest fund - the right of physical persons and legal entities to forest utilization, and also to use of lands, waters and popular minerals established by legal acts of the Republic of Kazakhstan in the territory of forest fund in economic and other purposes;

43) inventory count of forest fund - complex of works by description, to mapping and determination of quantitative and qualitative indexes of certain sites of forest fund;

44) forest quarter - the part of the territory of forest fund delimited on the area by glades, natural boundaries (coast of the rivers, ridges, roads and others) which serves for the organization of forest management;

45) the forest fire station - the object of the state forest owner intended for the placement of fire service and the equipment providing carrying out measures for prevention of wildfires and their timely liquidation;

46) afforestation - creation and cultivation of artificial forest plantings in the territories which were not earlier under the wood;

47) forest utilization - legally and economically regulated activities for use of forest resources and useful properties of the wood;

48) the forest user - physical person or legal entity which is granted the right of temporary forest utilization according to the procedure, established by this Code;

49) forest nursery - the site of the territory of forest fund intended for cultivation of landing material of tree and shrubby species;

50) glade - the strip exempted from wood and shrubby vegetation laid for designation of borders of forest quarters or other purposes;

51) forest apportionment - part of the territory of forest quarter, homogeneous according to taxation characteristics, soil and typological conditions and economic value, the being primary forestry and landscape accounting unit;

52) forest seed plantation - artificially created planting from the plants planted according to the special genetic scheme which are seed or vegetative posterity of plus trees intended for regular receipt (for a long time) of high-quality, elite or hybrid seeds with the set heritable properties and high sowing qualities;

53) forest seed farming - complex of actions for procurement, processing, storage and use of the forest seeds, to control of their quality and origin directed to receipt of seeds with valuable heritable properties and high sowing qualities;

54) forestry - the economy industry which is performing activities for studying and accounting of forest fund, including actions for its protection and protection, reproduction of the woods and afforestation, regulation of forest utilization and control of its implementation;

55) forestry and landscape designing - complex of works on designing of silvicultural, agricultural forest melioration, fire-proof actions, construction of facilities of forest and hunting farms;

56) forestry and landscape roads - the objects of forestry having forestry and landscape, fire-proof appointment, providing availability of the forest territories to forest management and implementation of forest utilization;

57) public institution of forestry (further - forest organization) - the organization created according to the procedure, established by the legislation of the Republic of Kazakhstan, for implementation of actions for protection and protection of the state forest fund, to reproduction of the woods and afforestation, forest utilization regulation;

58) authorized body in the field of forestry (further - authorized body) - the state body performing management functions, control and supervision in the field of protection, protection, use of forest fund, reproduction of the woods and afforestation;

59) forestry and landscape actions - complex of organizational and technical actions for protection, protection of forest fund, to reproduction of the woods and afforestation, regulation of forest utilization which are carried out on the basis of forest management materials;

60) the wood masterful lot - the part of the territory of forest area as a part of two and more forest bypasses assigned to one master of the wood and intended for accomplishment of forestry and landscape actions;

61) fire-dangerous season in the wood - the part of calendar year determined by authorized body in the field of forestry, regional executive body proceeding from climatic and weather factors during which the threat of emergence of wildfire is possible;

62) afforestation - artificial lesozarashchivaniye or natural overgrowing by the wood of not forest grounds;

63) forest conservation - set of actions for prevention and fight against wildfires, illegal fellings of the wood and other violations of the forest legislation of the Republic of Kazakhstan;

64) the cabin of care of the wood - the periodic care of the wood performed by way of removal from planting of the trees which lagged behind in growth or hampering the growth of trees of the main breeds for the purpose of forming of highly productive and steady plantings;

65) forest regeneration - natural process of education of new generation of the wood under forest stand bed curtains, and also on cuttings down, гарях and other areas which are earlier occupied by the wood;

66) protection of the wood - set of actions for protection of the wood against wreckers, diseases of the wood and impact of the adverse factors of natural, anthropogenous and technogenic nature performed by land and aviation methods;

67) reproduction of the wood - creation of forest cultures or carrying out measures of assistance to natural renewal on the squares which are earlier occupied by the wood including measures for care of the wood and its improvement;

68) valuation of the wood (cutting areas) - action for identification, accounting, assessment of quality and quantity characteristics of forest resources, including the plantings planned for the cabin;

69) amount of forests - the covering degree the wood of any territory determined by the relation of the lands covered with the wood to its total area, expressed as a percentage;

70) especially dangerous wreckers of the wood - the harmful organisms capable to mass reproduction and distribution in case of which the damage exceeding economic threshold of injuriousness is caused to the woods;

71) the forest genetic wildlife reserve - the site of the wood with valuable part of population of type in the genetiko-selection relation, subspecies of plants;

72) not closed forest cultures - the cultures created in the artificial way (crops or landing), but not transferred to the grounds covered with the wood;

73) sanitary condition of the wood - the characteristic of condition of the wood containing data on availability of clutter, the drying-out and dead trees, dynamics of number of wreckers and spread of diseases of the wood, other negative factors which are negatively influencing wood condition;

74) forest area - the structural division of forest owner which is located in its borders, intended for planning and accomplishment of forestry and landscape actions, calculation of amounts of forest utilization;

74-1) forest ecological system services (further - forest ecosystem services) - the benefits received from use of the wood, its functions including useful properties, the physical persons and legal entities performing activities in the territory of forest fund and the sites adjoining to it;

75) ashes - the forest square on which planting is destroyed by the fire and the new generation of the wood was not formed yet;

76) undergrowth - the younger generation of wood plants under canopy of the wood or left on cutting down, capable to leave in the first tier or to replace maternal forest stand;

77) the sanitary cabin - the cabin (selective, continuous) which is carried out for the purpose of improvement of sanitary condition of the wood in case of which the patients damaged, who are drying out and dead trees are cut down;

78) retina - forest stand of natural forming, except young growths of the first and second classes of age, 0,1-0,2 having completeness;

79) tapping - artificial damage of trunks of trees during their vegetation for receipt from them of gallipot, juice;

80) forest stand - set of the trees which are the main component of forest plantings;

81) fast-growing tree and shrubby species - the tree and shrubby species used for creation of plantatsionny plantings of special purpose in the industrial and energy purposes with intensive agrotechnology of cultivation;

82) the auditing period - the term for which the forest management project is developed for forest management or the management plan of especially protected natural territory;

83) permanent forest seed base - set of the subjects to selection and seed-growing appointment which are territorially allocated in the state forest fund according to the procedure established by the forest legislation of the Republic of Kazakhstan for receipt of seeds with valuable heritable properties and high sowing qualities;

84) the permanent forest seed site - the created sites of plantings of natural origin or the forest cultures created from the seedlings or saplings which are grown up from the seeds prepared from plus trees in plus plantings on the forest seed plantations intended for receipt of seeds for a long time, highly productive for these forest vegetation conditions;

85) the estate - the type of grounds of the state forest fund relating to not forest grounds, provided by the parcels of land occupied with the residential and non-residential constructions connected with forest management and functioning of especially protected natural territories;

86) gallipot - the resinous substance which is emitted in case of damage of coniferous trees;

87) the kolochny woods - the natural woods growing in forest-steppe zone small (from 0,1 to 30 hectares) sites.

Chapter 2. Objects and subjects of forest legal relationship

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