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FOREST CODE OF THE REPUBLIC OF BELARUS

of December 24, 2015 No. 332-Z

It is accepted by the House of Representatives on December 3, 2015

Approved by Council of the Republic on December 9, 2015

(as amended of the Law of the Republic of Belarus of 18.12.2018 No. 152-Z)

This Code establishes the legal basis of use, protection, protection and reproduction of the woods and is directed to rational (steady) use of forest resources, preserving and strengthening of sredoobrazuyushchy, water preserving, protective, sanitary and hygienic, recreational and other functions of the woods.

Chapter 1. Basic provisions

Article 1. The basic concepts used in this Code and their determinations

1. Forest management - holding forestry and landscape actions and ensuring rational (steady) use of forest resources.

2. Age of cabins of the wood - age of forest stands in case of which achievement cabins of the main use can be carried out.

3. Reproduction of the woods - the forestry and landscape actions including seed farming of forest plants, cultivation of landing material of forest plants, reforestation, afforestation and care of forest plantings.

4. Selective sanitary cabins - cabins in case of which are performed removal, withdrawal of the dead standing, drying-out and (or) damaged trees.

5. Removal - movement of wood from cutting areas, stubs, roots, other forest products from places of procurement on the intermediate timber industry storages specified in the process chart or to the consumer.

6. Trees of the main breed - trees which in certain forest vegetation and economic conditions in the best way answer the purposes of forest management.

7. Amendment of forest cultures - crops of seeds and (or) replanting of landing material of forest plants in forest cultures of the died on the spot forest plants.

8. Forest stand - set of the trees which are the main component of forest plantings.

9. Natural renewal of the woods - education of new generation of the woods in the natural way.

10. Live ground cover - set of mosses, lichens, mushrooms, grassy vegetation, the low shrubs and forbs growing on the lands covered and not covered with the woods of forest fund.

11. Protection of the woods - the forestry and landscape actions directed to the prevention of damage or deterioration in condition of the woods, decrease in losses of forest resources as a result of impact of wreckers and diseases of the woods, adverse factors of the environment, economic and other activity.

12. Category of the woods - the part of the woods allocated taking into account their ecological, economic and social value, the location and the functions which are carried out by them.

13. Quarter glade - the strip up to six meters wide which is cleared away from wood and shrubby vegetation laid in forest fund for the purpose of designation of borders of forest quarters.

14. The wood - the set of wood and shrubby vegetation, live ground cover, wild animals and microorganisms forming natural complex.

15. Forest products - wood (business wood and firewood) other prepared, collected, the withdrawn forest resources.

16. Forestry - industry of economy which tasks are ensuring protection, protection and reproduction of the woods, rational (steady) use of forest resources, preserving and strengthenings of sredoobrazuyushchy, water preserving, protective, sanitary and hygienic, recreational and other functions of the woods, and also providing consumers with forest products.

17. The forest genetic wildlife reserve - the site of forest fund typical on forest vegetation conditions for the specific climatic region allocated for the purpose of preserving gene pool of specific wood breed.

18. Forest quarter - taxation having manufactured set in borders of forest fund, delimited on the area by quarter glades and (or) linear constructions, fields, meadows, water and other objects.

19. Forest cultures - the forest plantings created by crops of seeds and (or) landing of landing material of forest plants.

20. Forest plantings - the wood and shrubby vegetations of certain pedigree structure and live ground cover growing on the site of forest fund.

21. Forest resources - the wood and shrubby and other vegetation growing in borders of forest fund, and (or) its part sredoobrazuyushchy, water preserving, protective, sanitary and hygienic, recreational and other useful properties of the woods which are used or can be used when implementing economic and other activity and have consumer value.

22. Reforestation - creation of the woods on lands where the wood grew earlier, by crops of seeds and (or) landing of landing material of forest plants (artificial reforestation) and natural renewal of the woods.

23. Forest-park economy - subindustry of forestry which tasks are preserving and strengthening of sredoobrazuyushchy, water preserving, protective, sanitary and hygienic, recreational and other functions of the woods.

24. Forest utilization - activities in the course of which forest resources are used.

25. The forest user - the citizen, the legal entity, the individual entrepreneur who according to the procedure, the established legislation on use, protection, protection and reproduction of the woods, are granted the forest utilization right.

26. Afforestation - creation of the woods on lands where the wood did not grow earlier, by crops of seeds and (or) landing of landing material of forest plants.

27. Forest vegetation conditions - complex of the climatic, hydrological, soil and other factors determining conditions of growth and development of the woods.

28. Cutting area - the site of forest fund provided for carrying out cabins of the main use, cabins of intermediate use, other cabins.

29. Forest management - system of inventory count of forest fund, designing of the forestry and landscape and other actions directed to protection, protection and reproduction of the woods, rational (steady) use of forest resources, preserving and strengthening of sredoobrazuyushchy, water preserving, protective, sanitary and hygienic, recreational and other functions of the woods, carrying out single scientific and technical policy in forestry.

30. Forestry and landscape signs - the boundary, quarter, felling (delyanochny) columns, geodetic, information and other similar signs established in borders of forest fund for the purposes of forest management.

31. Forestry and landscape actions - branch and valuation of cutting areas; splitting and clearing of quarter glades; creation of fire-proof gaps and their content; cleaning of clutter; cabins of the trees left on cutting area for the purpose of reproduction of the woods (seed trees); cabins of the forest seed plantations which served the useful life; cabins of trees in case of withdrawal of cutting areas, laying of trial squares, forest management, carrying out forest pathological monitoring, implementation of radiation control in the woods; cabins of trees in case of suppression of wildfires, content, repair and reconstruction of forestry and landscape roads; meliorative actions; the actions directed to increase in productivity of the woods, improvement of their pedigree structure, including the cabin of intermediate use; the complex of actions including protection, protection and reproduction of the woods, including continuous sanitary cabins, cabins of trees being intermediate owners of wreckers and diseases of the woods, on perimeter existing and projectible forest nurseries and forest seed plantations, splitting and clearing of the areas for creation (expansion) of forest nurseries, forest seed plantations and selection and genetic objects.

32. Invaluable forest plantings - forest plantings of low productivity and quality for certain forest vegetation conditions which criteria of allocation are established by republican state body on forestry.

33. The illegal cabin - the cabin, withdrawal, removal of wood and shrubby vegetation without allowing documents; the cabin not of those breeds on which are issued the logging ticket, the order; the cabin over the amount specified in the logging ticket, the order (taking into account the acceptable deviation of actually prepared wood amount established by republican state body on forestry from specified in the logging ticket, the order).

34. Normal forest plantings - forest plantings of high and average productivity and stability, good and average quality for certain forest vegetation conditions which criteria of allocation are established by republican state body on forestry.

35. Trees, dangerous concerning highways, aerial communication lines and electricity transmission, - the dead, stag-headed, drying-out, hanged trees, rotten trees (trees, at which decay comes to trunk surface) inclined or with the krone developed towards highways, aerial communication lines and electricity transmission; trees on the flooded soils, wood the strip adjoining highways, glades of aerial communication lines and the electricity transmissions which width is determined by height of trees which radius of fall exceeds the established safe distance to the carriageway of highways, extreme wires of aerial communication lines and electricity transmission; growing in trees height exceeding height of the main forest area and distance to the carriageway of highways, extreme wires of aerial communication lines and electricity transmission taking into account safe distances to them in case of fall.

36. Leave of wood on root - registration and issue of the logging ticket, order by the legal entity conducting forestry, its structural division (forest area).

37. Forest conservation - the forestry and landscape actions directed to the prevention, timely detection and suppression of wildfires, and also to the prevention and suppression of illegal cabins, pollution of the woods by sewage of industrial, utility and other facilities, chemical and radioactive materials, waste, waste products of farm animals (manure, dung, dung water, etc.), other actions doing harm to the woods, other violations of requirements of the legislation on use, protection, protection and reproduction of the woods about environmental protection.

38. Plantatsionny forest cultures - the forest cultures with specific mode of forest management created for the purpose of receipt of large-sized, balance sheet, fuel wood with the set characteristics.

39. The damaged forest plantings - the forest plantings damaged as a result of impact of wreckers and diseases of the woods, wildfires, adverse factors of the environment, economic and other activity in which carrying out sanitary cabins and cleaning of clutter according to the requirements established by republican state body on forestry is necessary.

40. Productivity of the woods - surplus of forest resources for certain period of time on the unit area of the site of forest fund.

41. Other cabins - continuous sanitary cabins; cleaning of clutter; the cabins of the wood which are carried out during the laying of quarter glades, creation of fire-proof gaps and their content; cabins of the trees preventing passing of the forest equipment in case of removal of wood from cutting areas on the developed forest network; splitting of sidings to cutting area; the cabins which are carried out for the purpose of carrying out preparatory work; cabins of plantatsionny forest cultures; cabins of trees, being intermediate owners of wreckers and diseases of the woods, on perimeter existing and projectible forest nurseries and forest seed plantations; cabins of the trees left on cutting area for the purpose of reproduction of the woods (seed trees); cabins of strips of the growing coniferous plantings in interfocal space and on edges of the drying-out coniferous plantings; cabins of trees on forest seed plantations; cabins of invaluable forest plantings for procurement of wood in the fuel and energy purposes; cabins of the wood when clearing from forest plantings of sites of forest fund for construction and content of forest nurseries, forest seed plantations, selection and genetic objects, roads, engineering communications, other linear constructions, search and investigation of minerals and other resources of subsoil; splitting of shooting lines; cabins of trees for top-dressing of wild animals; the cabins of the wood which are carried out when holding actions for prevention of overgrowing of open swamps by wood and shrubby vegetation; the cabins of the wood which are carried out when holding actions for preserving and recovery (reintroduction) of populations of the wild animals and wild-growing plants relating to the types included in the Red List of the Republic of Belarus and (or) to the types falling under action of international treaties of the Republic of Belarus; cabins dangerous concerning highways, aerial communication lines and electricity transmission of trees; cabins of the trees posing hazard to life of citizens; cabins of trees in case of withdrawal of cutting areas, laying of trial squares, forest management, carrying out forest pathological monitoring, implementation of radiation control in the woods; cabins of trees in case of suppression of wildfires, repair and reconstruction of forestry and landscape roads, meliorative systems; cabins of trees when carrying out research, search, geodetic works; cabins of single trees on the forest lands which are not covered with the woods; cabins of single trees in borderland and border area.

42. Allowing documents - the logging ticket, the order, the forest ticket.

43. Settlement cutting area - the amount of annual leave of wood on root established for cabins of the main use.

44. Reconstruction of invaluable forest plantings - the forestry and landscape events held for the purpose of replacement of invaluable forest plantings with plantings of coniferous and (or) hard-wooded broadleaved tree species by creation of forest cultures or carrying out cabins of reconstruction.

45. Cabins of the main use - the continuous, gradual and selective cabins of ripe and overmatured forest stands which are carried out for the purpose of wood procurement.

46. Cabins of the wood - cutting, cutting or cutting of wood and shrubby vegetation as a result of which its trunk part separates from root.

47. Cabins of updating - the cabins directed to rejuvenation of forest stands by withdrawal from them ripe and overmatured trees on sites of forest fund on which cabins of the main use are not allowed.

48. Cabins of intermediate use - cabins of care of the woods, selective sanitary cabins, cabins of reconstruction, the cabin of updating, the cabin of forming (reorganization) of forest plantings.

49. Cabins of reconstruction - the cabins which are carried out for the purpose of replacement of invaluable forest plantings, and also forest plantings losing sredoobrazuyushchy, water preserving, protective, sanitary and hygienic, recreational and other functions.

50. Cabins of care of the woods - the cabins of clarification, clearing, thinning and the cabins through passage which are carried out for the purpose of forming of highly productive forest plantings, prevention of losses of wood and consisting in periodic withdrawal from forest plantings of the wood and shrubby vegetation hampering the growth of trees of the main breed.

51. Cabins of forming (reorganization) - the cabins which are carried out for the purpose of creation of the uneven-aged, difficult and mixed on pedigree structure forest stands on sites of forest fund on which cabins of the main use are not allowed.

52. Ripe and overmatured forest stands - the forest stands which reached age of cabins of the wood and (or) exceeding it on two and more classes of age (the age interval applied to the characteristic of age structure of forest stands).

53. Continuous sanitary cabins - the cabins which are carried out for complete replacement of the forest plantings which lost biological stability, damaged or died as a result of impact of wreckers and diseases of the woods, wildfires, adverse factors of the environment, economic and other activity.

54. The taxation characteristic - complex determined according to the requirements established by republican state body on forestry, indicators of the forest plantings characterizing their pedigree and age structure, condition, productivity, biological stability, ecological, recreational and consumer value.

55. Taxation apportionment - the part of forest fund, homogeneous on the taxation characteristic, allocated on cartographic materials of the forest management project.

56. Taksovy cost - the cost of unit of volume (weight) of wood on root, gallipot and other forest resources or the unit area of the site of forest fund.

57. Cleaning of clutter - cleaning of forest plantings of dead, windfall and (or) windfall and slash trees and their parts.

58. Care of forest plantings - removal of the wood and shrubby and other vegetation hampering the growth of trees of the main breed and amendment of forest cultures.

59. The site of forest fund - the part of forest fund consisting of part of taxation apportionment, one taxation apportionment several taxation having manufactured and (or) their parts.

60. The legal entities conducting forestry - the legal entities specified in article 20 of this Code to whom sites of forest fund for forest management are provided.

Article 2. Legislation on use, protection, protection and reproduction of the woods

1. The legislation on use, protection, protection and reproduction of the woods is based on the Constitution of the Republic of Belarus and consists of of this Code, acts of the President of the Republic of Belarus, and also other acts of the legislation governing the relations in the field of use, protection, protection and reproduction of the woods.

2. The relations in the field of use and protection of lands of forest fund are regulated by the legislation on protection and use of lands.

3. The relations in the field of the address with the flora objects entering into forest fund are regulated by the legislation on use, protection, protection and reproduction of the woods, except as specified, stipulated by the legislation about protection and use of flora.

4. The relations in the field of use, protection, protection and reproduction of the woods arising in connection with protection and use of the objects of fauna living in borders of forest fund are regulated by the legislation on protection and use of fauna, except for case, stipulated in Item 2 articles 19 of this Code.

5. The relations in the field of use, protection, protection and reproduction of the woods located in borders of especially protected natural territories and the natural territories which are subject to special protection are regulated by the legislation on use, protection, protection and reproduction of the woods if other is not established by the legislation on environmental protection.

6. The relations in the field of use, protection, protection and reproduction of the woods arising in connection with protection and use of waters are regulated by the legislation on protection and use of waters in the part which is not settled by the legislation on use, protection, protection and reproduction of the woods.

7. The relations in the field of use, protection, protection and reproduction of the woods arising when holding meliorative actions, which are not settled by the legislation on land reclamation are regulated by the legislation on use, protection, protection and reproduction of the woods.

8. The relations connected with seed farming of forest plants are regulated by the legislation on seed farming if other is not established by the legislation on use, protection, protection and reproduction of the woods.

9. The relations in the field of protection of the woods against wreckers and diseases of the woods are regulated by the legislation on use, protection, protection and reproduction of the woods, except as specified, of plants, stipulated by the legislation about protection.

10. The relations in the field of use, protection, protection and reproduction of the woods in the territories which underwent to radioactive pollution as a result of catastrophic crash on the Chernobyl NPP are regulated by the legislation on use, protection, protection and reproduction of the woods if other is not established by the legislation on legal regime of the territories which underwent to radioactive pollution as a result of catastrophic crash on the Chernobyl NPP.

11. In case of forest management on the sites of forest fund allocated for creation of plantatsionny forest cultures regulations of Articles 19, of the 65 and 66 of this Code are not applied.

12. If the international treaty of the Republic of Belarus establishes other rules, than those which are provided by this Code then are applied rules of the international treaty.

Article 3. Structure of forest fund

1. Are part of forest fund:

1.1. the woods located on lands of forest fund and lands of other categories, and lands covered with them;

1.2. the forest lands which are not covered with the woods and not forest lands located in borders of lands of forest fund and lands of other categories provided for forest management.

2. Structure, borders of lands of forest fund and lands of other categories on which the woods are located, procedure for transfer of such lands in other categories and types are determined by the legislation on protection and use of lands.

Article 4. The wood and shrubby vegetation which is not part of forest fund

The wood and shrubby vegetation growing is not part of forest fund:

on lands of agricultural purpose;

in borders of settlements (except for city woods), gardening partnerships, country cooperatives;

on lands of the industry, transport, communication, power, defense and other appointment;

on lands of improving, recreational, historical and cultural appointment;

on lands of water fund;

on lands of inventory;

in borders of roadside strips (controlled areas) of highways, except for the wood and shrubby vegetation growing in borders of lands of forest fund and lands of nature protection appointment.

Article 5. Property right to the woods and forest products

1. The woods constitute exclusive property of the state.

2. The Republic of Belarus performs ownership, use and the order of the woods through the state bodies (organizations) authorized on that within their competence.

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