Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

FOREST CODE OF UKRAINE

of January 21, 1994 No. 3852-XII

(as amended on 03-10-2019)

Section I General provisions

Article 1. Concept about the wood

The wood - type of natural complexes (ecosystem) in which are combined mainly wood and shrubby vegetation with the respective soils, grassy vegetation, fauna, microorganisms and other natural components interconnected in the development, influencing at each other and the surrounding environment.

The woods of Ukraine are its national wealth and according to the destination and to location carry out mainly the water preserving, protective, sanitary and hygienic, improving, recreational, esthetic, educational, other functions and are source for requirements satisfaction of society in forest resources.

All woods in the territory of Ukraine irrespective of on what lands of categories on the main purpose they grow, and irrespective of the property right to them, constitute forest fund of Ukraine and are under protection of the state.

The wood lot - the site of forest fund of Ukraine with certain borders allocated according to this Code for forest management and use of forest resources without its withdrawal at the land user or the owner of land.

The timberland can be covered with forest vegetation, and also constantly or temporarily not covered with forest vegetation (owing to heterogeneity of forest natural complexes, forestry and landscape activities or natural disaster, etc.). The timberland occupied with not close forest cultures, forest nurseries and plantations, and also forest roads and glades, forest fire-proof gaps, forest drying ditches and drainage systems belongs to the timberland which is not covered with forest vegetation.

The land wood lot - the parcel of land of forest fund of Ukraine with certain borders which is provided or withdrawn from the land user or the owner of the parcel of land for forest management or other public requirements according to the land legislation.

The natural woods (natural forest ecosystems) - the woods (forest ecosystems) in which anthropogenous impact was locally and temporarily shown, but it did not change tsenotichesky structure of fitotsenoz and therefore natural forest ecosystems are capable to be regenerated within a short period of time (to be recovered) in the natural way to condition of pro-forest ecosystems.

The woods (the ecosystem wood) - the initial, ancient wood (natural forest ecosystems) which was created in the natural way and in process did not experience direct anthropogenous impact.

The quasipro-woods - conditionally the ecosystem woods in which there was insignificant temporary anthropogenous impact which did not change natural structure of forest stands and in case of which termination natural state of ecosystems completely is reproduced during the short period.

Article 2. Forest relations

The forest relations - the public relations concerning ownership, use and the order of the woods and aimed at providing protection, reproduction and steady use of forest resources taking into account ecological, economic, social and other interests of society.

Object of the forest relations is the forest fund of Ukraine and the certain timberland.

Subjects of the forest relations are public authorities, local government bodies, the legal entities and citizens acting according to the Constitution and the laws of Ukraine.

Article 3. Forest legislation of Ukraine

The forest relations in Ukraine are governed by the Constitution of Ukraine, the Law of Ukraine "About protection of the surrounding environment", this Code, other legal acts of Ukraine, and also regulatory legal acts adopted according to them.

The forest relations arising when using the earth, subsoil, waters and also the relations on protection, use and reproduction of plant and animal life which are not settled by this Code are regulated by the corresponding legal acts.

Article 4. Structure of forest fund of Ukraine

The timberland belongs to forest fund of Ukraine, including protective plantings of linear type, the area hectare 0,1 suffices.

Do not treat forest fund of Ukraine:

green plantings within settlements (parks, gardens, squares, boulevards, etc.) which are not carried in accordance with the established procedure to the woods;

separate trees and groups of trees, bushes on agricultural holdings, personal, seasonal and garden plots.

Article 5. Earth of forestry and landscape appointment

Forest lands on which the timberland is located, and not forest lands occupied with agricultural holdings, waters and swamps, constructions, communications, unproductive lands, etc. which are provided in accordance with the established procedure belong to lands of forestry and landscape appointment and are used for needs of forestry. Lands on which windbreak forest fields are located do not belong to lands of forestry and landscape appointment.

Reference of the parcels of land to structure of lands of forestry and landscape appointment is performed according to the land legislation.

Article 6. Forest resources

Forest resources are wood, technical, medicinal and other products of the wood which are used for requirements satisfaction of the population and production and are recreated in the course of forming of forest natural complexes.

The useful properties of the woods (capability of the woods to reduce negative effects of the natural phenomena, to protect soils from erosion, to prevent pollution of the surrounding environment and to clear it, to help regulation of drain of water, improvement of the population and its esthetic education, etc.) used for satisfaction of public requirements also belong to forest resources.

Section II of the Right to the woods

Chapter 1 Property right to the woods

Article 7. Woods as property right object

The woods which are in limits of the territory of Ukraine are objects of the property right of the Ukrainian people.

On behalf of the Ukrainian people of the right of the owner to the woods perform public authorities and local government bodies in the limits determined by the Constitution of Ukraine.

The woods can be in the state-owned, utility and private property.

Persons of law of property on the woods are the state, territorial bulks, citizens and legal entities.

Article 8. Right of state-owned property to the woods

In state-owned property there are all woods of Ukraine, except the woods which are in utility or private property.

The right of state-owned property to the woods is acquired and implemented by the state on behalf of the Cabinet of Ministers of Ukraine, Council of Ministers of the Autonomous Republic of Crimea, local public administrations according to the law.

Article 9. Right of utility property to the woods

In utility property there are woods within settlements, except the woods which are in the state-owned or private property.

In utility property there can be also other woods acquired or carried to objects of utility property in the procedure established by the law.

The right of utility property to the woods is exercised by territorial bulks directly or through the local government bodies formed by them.

Article 10. Right of private property to the woods

The woods in Ukraine can be in private property.

Persons of law of private property on the woods are citizens and legal entities of Ukraine.

Article 11. Acquisition of right of utility property to the woods

The right of utility property to the woods is acquired in case of delimitation in the procedure for lands for the state-owned and utility property established by the law, and also by transfer of the parcels of land from state-owned property in utility and on other bases which are not prohibited by the law.

Article 12. Acquisition of right of private property to the woods

Citizens and legal entities of Ukraine can acquire free of charge or for a fee in property as a part of grounds of peasant, farmer and other economy the closed land timberland with a total area up to 5 hectares. This area can be increased in case of inheritance of the woods according to the law.

Citizens and legal entities can have in property of the wood, created by them on the parcels of land of the degraded and unproductive grounds acquired in property in accordance with the established procedure, without restriction of their area.

The woods created by citizens and legal entities on the parcels of land belonging to them on the property right are in private property of these citizens and legal entities.

Article 13. Emergence of the right of private property to the woods

The right of private property to the woods of citizens and legal entities of Ukraine arises from the moment of receipt by them of the documents certifying the property right to the parcel of land and their state registration.

The woods inherited by foreign citizens, stateless persons and foreign legal entities are subject to alienation within one year.

The document certifying the right of private property to the woods is the state act on the property right to the earth issued on the corresponding parcel of land.

Article 14. The rights and obligations of the citizens and legal entities having in private property of the wood

The citizens and legal entities having in private property of the wood have the right:

1) property on forest resources and their use according to the procedure, determined by this Code;

2) on compensation of damage in the cases provided by the law;

To sell 3) or in other way to alienate the land wood lot according to the law;

To construct 4) in accordance with the established procedure the production and other constructions and constructions necessary for forest management and use of forest resources.

The citizens and legal entities having in private property of the wood shall:

1) to conduct forestry on the basis of forest management materials according to this Code;

2) to provide protection, protection, reproduction and increase in productivity of forest plantings, strengthening of their useful properties and improvement of fertility of soils, to carry out other actions according to requirements of the forest legislation;

3) to follow rules and regulations of use of forest resources;

4) to conduct forestry and to use forest resources by the methods which are not doing harm to the surrounding environment, providing preserving useful properties of the woods and creating favorable conditions for their protection, protection and reproduction;

5) to keep primary account of the woods, to provide the statistical reporting and information on condition of the woods and use of forest resources in the procedure established by the legislation;

6) to provide protection of standard and unique natural complexes and objects, the rare and being under the threat of disappearance types of animal and flora, vegetable communities, to promote forming of ecological network according to the nature protection legislation.

By the law also other rights and obligations of the citizens and legal entities having in private property of the wood can be provided.

Article 15. Termination of the right of private property to the woods

The right of private property to the woods stops in case of the termination of the property right to the land wood lot in cases and according to the procedure, established by the law.

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