FOREST CODE OF THE REPUBLIC OF TAJIKISTAN

of August 2, 2011 No. 761

SECTION I. GENERAL PART

CHAPTER 1. GENERAL PROVISIONS

Article 1. Basic concepts

In this Code the following basic concepts are used:

- the wood - the complex of natural vegetation which is created in the natural and artificial way in certain territory on the basis of set of the trees and bushes (at least 10 percent of covering of the territory derevoobrazuyushchy plants, the area is at least 0,5 of hectare and at least 10 meters wide) interacting with other components of wildlife and having important ecological, economic and social value;

- reforestation - landing of plantings or assistance to their natural recovery on lands of the disappearing woods;

- afforestation - landing and cultivation of plantings on the lands which are not covered with the wood and provided for afforestation;

- biological diversity - the set of live organisms including variety in type between types and between ecosystems;

- the cabin of the main use - the cabin of trees in the woods for the purpose of procurement of wood and firewood;

- the cabin of intermediate use - the selective cabin of trees of the wood for the purpose of improvement of its condition;

- the sanitary cabin - the cabin, the certain patients who dried and the damaged trees which is carried out for the purpose of improvement of sanitary condition of the wood;

- the state forest inventory - information on arrangement of the state forest fund from the point of view of the nature, the rights and uses;

- joint management of the woods - steady use of sites of the state forest fund with participation of physical persons and legal entities for the agreement;

- forest users - physical persons and legal entities which are granted right to use by resources of the state forest fund according to the procedure, established by this Code.

- collateral forest utilization - use of forest resources, except wood (mowing, pasturage of the cattle, placement of beehives and apiaries, procurement and collection of wild-growing food, officinal, technical plants, fruits, and others);

- steady forest utilization - use of forest resources which provides the need for forest resources and useful properties of the wood present and future generations;

- the wood lot - the square of the wood intended for protection and protection, reproduction and steady use of the wood and assigned to the forester;

- authorized state body in the field of forestry - the state body performing according to the legislation of the Republic of Tajikistan the common directorship over the state forest and hunting fund;

- the national forest natural parks - the territories of the state forest fund withdrawn from economic use, allocated for animal protection, plants and all natural complex in general including rare and endangered species of flora and fauna, and also for the purpose of studying of the natural course in their limits of natural processes, the phenomena and developments of scientific bases of conservation;

- forest area - the structural division of the organization of forestry created in the separate territories for the purpose of protection and protection, reproduction, steady use and management;

- the state natural forest wildlife area - specially protected natural territory of the wood allocated for the purpose of preserving or recovery of animal and flora, carrying out research works with restriction of some types of economic activity;

- industry forest economy - the economy industry performing accounting - research activities, regulation, and forest utilization control;

- the organization of forestry - territorial state body of forestry, being the legal entity;

- hunting fund - all types of wild animals which are and live in nature and are considered as subjects to hunting irrespective of in whose land use there is territory of their dwelling;

- protection of the wood - set of the actions directed to prevention of diseases and distribution of harmful insects of the wood;

- protection of the wood - set of actions for prevention and fight against wildfires, the unauthorized cabin of the wood and offenses in forest industry;

- pasture - the land area of the state forest fund intended for cattle pasture;

- the forest ticket - the document confirming the right to use forest resources in certain limits;

- biotechnical actions - care of wild animals and birds, creating favorable conditions in places of their dwelling;

- forest owner - the legal entity to whom are assigned the earth of the state forest fund;

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

- forest management - the system of actions for accounting, assessment and forestry and landscape planning directed to increase in efficiency of forest management and use of forest resources;

- the protective woods - the woods which are carrying out usually water protective, antierosion, shore protection, sanitary and hygienic functions and functions of improvement of the environment;

- the woods of national and natural parks - the woods which are in the territory of national and natural parks and are used for the purpose of conservation, study of local lore, science, culture and tourism;

- the recreational woods - the woods intended for rest of the population and holding cultural events.

Article 2. Forest legislation of the Republic of Tajikistan

The forest legislation of the Republic of Tajikistan is based on the Constitution of the Republic of Tajikistan and consists of of this Code, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.

Article 3. Objects of forest legal relationship

1. Treat objects of forest legal relationship single forest fund of the Republic of Tajikistan, including the lands of the state forest fund which are not covered with the wood, forest resources and useful properties of the woods irrespective of land users.

2. Objects of forest legal relationship are used and protected taking into account multipurpose value of the woods, and also recognition by their fixed asset of production in forestry.

Article 4. Principles of maintaining industry of forestry

1. The forest legislation of the Republic of Tajikistan is based on the following principles:

- state regulation and control;

- preserving biodiversity of the woods, the state objects of fund of natural reserves and prirodno - cultural heritage;

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