Categories of protective forests. Groups and categories of forests - features, characteristics and description Protective forests and especially protective forest areas
Legal regime of valuable forests
Commentary on article 106 of the Tax Code of the Russian Federation:
1. Assignment of forests to valuable forests and the establishment of their boundaries in accordance with clause 5.4.4 of the Regulations on federal agency forestry, approved by Decree of the Government of the Russian Federation of September 23, 2010 N 736, is within the powers of the Federal Forestry Agency, which, by Decree of the President of the Russian Federation of August 27, 2010 N 1074 "On the Federal Forestry Agency", was transferred from the jurisdiction of the Ministry of Agriculture of Russia to the jurisdiction of the Government of the Russian Federation.
Valuable forests due to their environment-forming, protective and other useful functions shall be used exclusively in accordance with their intended purpose. That is why in parts 1-3 of the commented article, certain restrictions on economic activity are established in relation to them. Until January 2011, the RF LC provided for valuable forests only to restrict clear-cutting in them, which was allowed only if selective felling did not replace forest plantations that were losing their habitat-forming, water-protective, sanitary-hygienic, health-improving and other useful functions, on forest plantations that ensure the preservation of the intended purpose protective forests and the useful functions they perform (Part 4, Article 17 of the Labor Code of the Russian Federation, see also Resolution of the Third Arbitration Court of Appeal of May 21, 2009 N A33-17777 / 2008-03AP-1559 / 2009, Resolution of the FAS of the East Siberian District of July 14, 2010 N A33-4458/2009). After making changes to the commented article by the Federal Law of June 14, 2011 N 137-FZ "On Amendments to the Forest Code Russian Federation and article 71 federal law"On hunting and on the conservation of hunting resources and on amendments to certain legislative acts of the Russian Federation" the cases of allowing clear-cutting in valuable forests were supplemented by the cases indicated in Part 5.1 of Art. 21 of the Tax Code of the Russian Federation, namely, cases of construction, reconstruction, operation of facilities not related to the creation of forest infrastructure, for the following purposes:
1) use of toxic chemicals for the protection and protection of forests, including in scientific purposes;
2) implementation of activities in the field of hunting;
3) farming;
4) development of mineral deposits.
At the same time, clear felling of trees, shrubs, lianas in valuable forests is allowed only if the construction, reconstruction, operation of facilities not related to the creation of forest infrastructure for the above purposes is not prohibited or limited in accordance with the legislation of the Russian Federation.
The area of a clear-cutting site carried out for the purpose of caring for valuable forests, including clear-cuttings for reconstruction, should not exceed 5 hectares with a cutting area width of not more than 100 m, with its length equal to no more than one third of the site (in width and length), fulfilling certain target functions or adjacent to unforested lands, as well as to clearcuts planned for the next five years. In mountainous conditions and in lowland forests on slopes with a steepness of over 6 degrees. the maximum cutting area is not more than 3.0 ha (clause 19 of the Features of the use, protection, protection, reproduction of forests located in water protection zones, forests that perform the functions of protecting natural and other objects, valuable forests, as well as forests located on especially protective forest sites approved by the Order of the Federal Forestry Service dated December 14, 2010 N 485 (hereinafter - Features of the use of forests)).
In addition, Federal Law No. 137-FZ of June 14, 2011 supplemented the commented article with parts 2 and 3, according to which it is prohibited to place capital construction objects in valuable forests, with the exception of linear objects and hydraulic structures. At the same time, linear facilities in the RF LC are understood, in particular, as power lines, communication lines, roads, pipelines, as well as structures that are an integral technological part of these facilities (clause 4, part 1, article 21 of the RF LC). For such a type of valuable forests as forbidden strips of forests located along water bodies, it is also allowed to place objects related to the performance of work on geological exploration and development of hydrocarbon deposits.
2. Since valuable forests are classified as protective forests, it is prohibited to create forest infrastructure in them (Part 2, Article 14 of the RF LC). The use of valuable forests for the purpose of creating forest plantations is not allowed, since felling of forest plantations and cutting of forest plantations on forest plantations are allowed without restrictions (paragraph 30 of the Peculiarities of Forest Use).
Valuable forests in accordance with the following types of forests include:
a) state protective forest belts;
b) anti-erosion forests;
c) forests located in desert, semi-desert, forest-steppe, forest-tundra zones, steppes, mountains;
d) forests with scientific or historical meaning;
e) walnut commercial zones;
f) forest fruit plantations;
g) tape burs;
h) forbidden strips of forests located along water bodies;
i) spawning belts of forests.
State protective forest belts and anti-erosion forests are created as part of afforestation activities to protect lands and objects from various kinds of adverse factors.
State protective forest belts include:
Artificially created forest plantations in forest-steppe, steppe and semi-desert regions linear type that perform climate-regulating, soil-protective, anti-erosion and water protection functions and are of national importance;
Forbidden strips of forests along the banks of water bodies;
Forbidden strips of forests protecting the spawning grounds of valuable commercial fish allocated along the banks of water bodies.
The boundaries and area of these types of state protective forest belts are determined according to the actual state for the period of forest management (clause 23 of the Forest Inventory Instruction, approved by Order of the Ministry of Natural Resources of Russia dated 06.02.2008 N 31).
The procedure for logging in forests located in state protective forest belts has its own characteristics. Thus, thinning of forests is carried out in the presence of at least 50% of healthy trees. In other cases, reconstruction felling is carried out. Forest thinning in state protective forest belts has the following features:
1) dead and stunted trees, diseased and severely damaged trees, as well as individual healthy trees that are of no value and suppress growth are cut down in pure forest stands without shrubs best trees. Trees left for cultivation should be more or less evenly distributed over the area;
2) in pure forest plantations with shrubs, forest plantations are cut down, as in forest plantations without shrubs, but, in addition, rows of shrubs that interfere with the growth of trees are cut down in the process of felling;
3) in mixed forest plantations, thinning of the forest is carried out by thinning the rows of the main and accompanying tree species. If the trees of the accompanying tree species overtake the trees of the main species in growth and have a negative effect on them, then they are removed partially or completely. In case of partial death of the trees of the main tree species, trees of the accompanying tree species are left for growing in the appropriate places;
4) the intensity of forest care felling is weak or moderate. Cuttings are carried out in five to six years;
5) when thinning, the location of forest belts is taken into account. In strips along watersheds, thinning should be aimed at strengthening their water-regulating properties. Care is carried out in all parts of the canopy of a forest plantation, taking into account the mutual influence of tree species. The undergrowth on the edges is removed completely, and in the middle of the strip it is moderately rarefied. The density of forest plantations at each felling should not be lower than 0.7;
6) in the strips located along the steep banks of river valleys, for water protection and anti-erosion purposes, care should be directed to the formation of forest plantations with a crown density of at least 0.7 - 0.8. In the forest edges, only sanitary cuttings are carried out;
7) in strips on gentle sandy slopes, undergrowth must be preserved, and the crown density of forest plantations should not be lower than 0.6 (clause 67 of the Rules for Forest Care, approved by Order of the Ministry of Natural Resources of Russia dated July 16, 2007 N 185).
Anti-erosion forests are created to prevent water, wind and other soil erosion on ravines, gullies, sands, river banks and other areas as part of agroforestry land reclamation (see Article 7 of the Federal Law of 10.01.1996 N 4-FZ "On land reclamation lands").
In accordance with clause 24 of the Forest Inventory Instruction, anti-erosion forests include:
1) forest areas on easily eroded and weathered soils;
2) forest areas on the slopes of the primary banks of river valleys with a steepness of more than 20 degrees;
3) forests located on the landslide banks of beams, river valleys;
4) strips of forests 50 - 100 m wide, adjacent to the edges of cliffs, screes and landslides;
5) strips of forests 100 - 200 m wide along permanent channels snow avalanches and mudflows;
6) forest areas in mountainous areas located on slopes with a steepness of 30 degrees. and more;
7) forests in karst areas and strips of forests 60 - 100 m wide around karst areas;
8) forests on stony placers;
9) forests in reclaimed quarries and dumps.
In anti-erosion forests during reforestation work on slopes with a steepness of more than 6 degrees. continuous dump plowing of lands is not allowed. Under these conditions, non-moldboard plowing of the soil or moldboard plowing in strips, terraces, furrows no more than 4 m wide, directed along the horizontal lines and alternating with strips of uncultivated land of the same or greater width, as well as soil preparation by sites (clause 14 of the Peculiarities of the use of forests) .
The purpose of forests located in desert, semi-desert, forest-steppe, forest-tundra zones, steppes, mountains is to perform various climatic and environmental functions. Thus, ravine forests (i.e., isolated areas of forests in the forest-steppe, steppe, desert and semi-desert zones (chopping), as well as natural or artificially created forest areas in such zones, confined to the hydrographic network) are of great protective importance. The forests adjacent to the tundra zone are carried out in harsh climatic conditions Far North protective and climate control functions. Alpine forests growing in the subalpine altitudinal belt on the border with the upper treeless part of mountain peaks and ridges (sparsely forested mountain areas) have a soil-protective, anti-erosion purpose. The dimensions and boundaries of the latter are determined taking into account local geological, hydrogeological, soil and other natural conditions(clause 25 of the Forest Inventory Instruction). In the forests of the zone of near-tundra forests and sparse taiga thinnings of low intensity are carried out. It is allowed to cut down old trees in separate strips. Maintenance felling with the use of machinery in the tundra forests is carried out only in winter period on frozen soil to exclude its damage, leading to the development of erosion processes. In forest strips along its northern border, in mountainous conditions, thinning as a systemic event is not carried out, if necessary, only dying trees are cut down (paragraph 66 of the Rules for Forest Care).
The most important functions of tape burs are climate control, soil protection, water protection functions. Belt pine forests, clause 29 of the Forest Inventory Instructions, include forests of a belt-island type, historically formed in Western Siberia, in severe soil and climatic conditions among treeless steppe, semi-desert and desert spaces. In tape forests, reconstruction felling is prohibited (paragraph 3, clause 26 of the Peculiarities of Forest Use).
Forests of scientific importance are forests that are examples of the achievements of forestry science and practice, objects of research for the long term, as well as forests that are unique in genetic qualities (genetic reserves), and forests that are unique in productivity.
In accordance with Art. 40 of the RF LC, one of the types of use of forests is their use for research activities. For these purposes, forest plots are provided government agencies, municipal institutions for permanent (perpetual) use, to other scientific organizations, educational organizations- for rent. The use of forests for research activities includes experimental or theoretical activity aimed at obtaining new knowledge about the ecological system of the forest, conducting applied scientific research aimed mainly at the application of this knowledge to achieve practical goals and solve specific problems in the field of use, protection, protection and reproduction of forests. Rules for the use of forests for research activities, educational activities are approved by Rosleskhoz in accordance with clause 5.3.13 of the Regulations on the Federal Forestry Agency. At present, the Rules for the use of forests for research activities, educational activities, approved by the Order of the Ministry of Natural Resources of Russia dated May 28, 2007 N 137, continue to operate.
Forests of historical significance are located within the boundaries of the territories of cultural heritage objects (monuments of history and culture). In accordance with Art. 5 of the Federal Law of June 25, 2002 N 73-FZ "On objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation" land within the boundaries of the territories of objects of cultural heritage belong to the lands of historical and cultural purpose. Accordingly, the legal regime of forests located within the boundaries of such territories is subject to legal regime specified category of land. For example, on certain lands of historical and cultural purpose, including lands of cultural heritage objects subject to research and conservation, any economic activity may be prohibited (clause 3, article 99 of the Land Code of the Russian Federation).
In addition, on the territory associated with the object of cultural heritage, zones of protection of the object of cultural heritage are established: a buffer zone, a zone for regulating development and economic activity, a zone of protected natural landscape, different according to the regime established in them for carrying out economic and other activities. Thus, in the zone of protected natural landscape, a land use regime is established that prohibits or restricts economic activity, construction and reconstruction of existing buildings and structures in order to preserve (regenerate) the natural landscape, including river valleys, reservoirs, forests and open spaces, compositionally related to cultural heritage sites (see Article 34 of the Federal Law "On Cultural Heritage Objects (Historical Monuments) and culture) of the peoples of the Russian Federation").
In forests of scientific or historical significance, low-intensity thinning is carried out with the felling of only single dead trees in cases that do not contradict the purposes of forest use (paragraph 58 of the Rules for Forest Care).
The next group of valuable forests has a special economic purpose. These are, firstly, forests of walnut commercial zones, which include cedar forests, which have importance as raw material base for the preparation of nuts, as well as the organization of hunting for fur-bearing animals (paragraph 27 of the Forest Inventory Instruction).
Secondly, these are forest fruit plantations. As part of forest fruit plantations, valuable fruit and berry and nut-fruit species of trees and shrubs grow (paragraph 28 of the Forest Inventory Instruction). In accordance with Art. 39 of the Tax Code of the Russian Federation, the cultivation of forest fruit and berry plants is one of the types of use of forests and is entrepreneurial activity, for the implementation of which the relevant forest plots are leased.
At the same time, for these purposes, first of all, non-forest lands from the composition of the forest fund lands, as well as unforested cutting areas, clearings and other lands not covered with forest vegetation, on which natural reforestation is impossible before planting forest crops on them, are primarily used; lands subject to reclamation (depleted peatlands, etc.). For the cultivation of forest fruit and berry plants under the forest canopy, areas of low-value plantations that are not planned for reconstruction can be used. The use of protective forests and specially protected areas of forests for growing forest fruit, berry plants is prohibited (Section III of the Rules for the Use of Forests for Growing Forest Fruit, Berry, ornamental plants, medicinal plants, approved by Order of the Ministry of Natural Resources of Russia dated April 10, 2007 N 85).
In the forests of the walnut-commercial zones and forest fruit plantations, thinning of high and very high intensity can be carried out if it is necessary to form young stands. In walnut-commercial zones of cedar forests main task thinnings are the formation of walnut forest plantations, the creation of favorable conditions for their fruiting and timely rejuvenation (paragraph 59 of the Forest Care Rules). At the same time, in the nut-commercial zones according to general rule reconstruction felling is not allowed (clause 26 of the Peculiarities of Forest Use). However, in forest stands that do not meet the intended purpose of forests (low-productive, low-yielding, damaged by pests, fires, as a result of other negative impacts), with an insufficient number of viable cedar trees in all tiers, reconstruction felling can be carried out in combination with reforestation activities (paragraph 59 of the Rules for Forest Care).
Forbidden strips of forests located along water bodies, and spawning strips of forests were identified as separate types of valuable forests by Federal Law No. Federation". In accordance with the Forest Inventory Instruction, these forests are classified as state protective forest belts (paragraph 23).
In state protective forest belts, anti-erosion forests, in forbidden forest belts located along water bodies, spawning forest belts, forests located in desert, semi-desert, forest-steppe, forest-tundra zones, steppes, mountains, tape forests, as well as in forests of walnut-commercial zones and forest fruit plantations, selective felling of forest plantations is carried out at very low, low and moderate intensity, with the exception of sanitary felling, the intensity of which for felling dead, damaged and low-value plantations can reach a very high intensity, established by the Timber Harvesting Rules (paragraph 26 of the Peculiarities of Forest Use) .
3. Establishing the features of the use, protection, protection, reproduction of valuable forests in accordance with part 4 of the commented article is within the competence of federal government bodies. Currently, the features of the use, protection, protection, reproduction of valuable forests are approved by the Federal Forestry Agency (see clause 5.3.26 of the Regulations on the Federal Forestry Agency). On January 30, 2011, the Peculiarities of the use, protection, protection, reproduction of forests located in water protection zones, forests performing the functions of protecting natural and other objects, valuable forests, as well as forests located in especially protective forest areas "approved by the Order Rosleskhoz of December 14, 2010 N 485.
There are more than 30 names of various categories of protective forests identified in different countries. In 1943 (by Decree of the Council of People's Commissars of the USSR dated 23.IU.1943, Z 430), the forests of the country were divided into three groups according to their national economic purpose.
The first group included forest reserves, field protection, resort, green areas around industrial centers and cities, as well as ribbon forests in Western Siberia and steppe groves. In the forests of the first group, the most strict regime aimed at their preservation and improvement of protective functions.
The forests of the second group include forests of densely populated areas with limited forest resources. Felling in them is regulated by the average annual growth, carried out with the expectation not only of obtaining wood, but also of preserving and restoring the protective properties of the forest, especially increasing its water protection functions.
The third group includes forests of densely forested, poorly developed areas. Large industrial logging is carried out in them (with the exception of reserve forests, that is, forests that have not yet been developed and are not involved in exploitation).
In 1959, protective belts of pre-tundra forests were identified (Resolution of the Council of Ministers of the RSFSR 16.U.1959 No. 798), which are also assigned to the first group of forests.
In 199-7, in the Forest Code of the Russian Federation, forests state importance divided into the first, second and third groups. This division of forests into groups, while retaining, in general, the old basis, is further development and deepening their content in accordance with the national economic significance of forests, their location and functions.
“The first group includes forests that perform mainly the following functions:
water protection (forbidden strips of forests along the banks of rivers, lakes, reservoirs and other water bodies, including forbidden strips of forests protecting spawning grounds for valuable commercial fish);
protective forests (anti-erosion forests, including forest areas on steep mountain slopes, state protective forest belts, belt forests, steppe splits and gully forests, protective forest belts along railways, highways nationwide, republican and regional significance, especially valuable woodlands);
sanitary-hygienic and health-improving (urban forests, forests of green areas around cities, other settlements and industrial enterprises, forest zones sanitary protection water sources and resorts).
The first group also includes forests of reserves, national and natural parks, protected forest areas, forests of scientific or historical significance, natural monuments, forest parks, forests of walnut commercial zones, forest fruit plantations, tundra and subalpine forests.
The second group includes forests in areas with a high population density and a developed network of transport routes that have a protective and limited operational value, as well as forests with insufficient forest resources, for the preservation of the protective functions of which, the continuity and inexhaustibility of their use, a more stringent forest management regime is required.
The third group includes forests of densely forested areas, which are of primary operational importance and are designed to continuously meet the needs National economy in wood without compromising the protective properties of these forests.
The forests of the third group are divided into developed and reserved. The criteria for classifying forests of the third group as reserve forests are established by the federal forest management body.
Depending on the group of forests, the order of management in them, the use of forests and corresponding lands is established.
In the forests of the first and second groups and in the mountain forests of all groups, especially protective areas with a limited forest management regime can be allocated” (Forest Code of the Russian Federation, 1997).
In accordance with the "Forest Code of the Russian Federation" (1997), forests of the first group are divided into the following categories of protection:
forbidden strips of forests along the banks of rivers, lakes, reservoirs and other water bodies;
Forbidden strips of forests that protect the spawning grounds of valuable commercial fish;
anti-erosion forests;
- -- protective belts of forests along railway lines, highways of federal, republican and regional significance;
- -- state protective forest belts;
- - tape burs;
- -- forests in desert, semi-desert, steppe, forest-steppe and sparsely forested mountain areas, which are important for protecting the environment natural environment;
- -- forests of green zones of settlements and economic objects;
- -- forests of the first and second belts of zones of sanitary protection of water supply sources;
forests of the first, second and third zones of districts of sanitary (mountain and sanitary) protection of resorts;
- -- especially valuable forest areas;
- -- forests of scientific or historical significance;
- - monuments of nature;
- - walnut-commercial zones;
- -- forest fruit plantations;
- - tundra forests;
- -- forests of state natural reserves;
- -- forests of national parks;
- -- forests of natural parks;
- - protected forest areas.
. Protective forests and specially protected areas of forests
Commentary on Article 102 of the Tax Code of the Russian Federation:
1. The Forest Code of the Russian Federation of 2006 classifies forests according to the principle of their intended use, subdividing them into protective, operational and reserve (see Article 10 of the Forest Code of the Russian Federation). Since one of the most important principles of forest legislation in accordance with is the preservation of environment-forming, water-protective, protective, sanitary-hygienic, health-improving and other useful functions of forests in the interests of ensuring the right of everyone to a favorable environment, this makes it necessary to allocate protective forests in the forest fund and especially protective areas of forests with additional restrictions on forest use.
The Forest Code of the Russian Federation of 1997, which was previously in force, established a different classification of forests. Forests were divided into three groups depending on their economic, ecological, social value, location and functions performed.
The first group included forests, the main purpose of which was to perform water protection, protective, sanitary and hygienic, recreational, and other functions, as well as forests of specially protected natural areas. The forests of the first group were divided into 20 protection categories.
The forests of the second group included forests in regions with a high population density and a developed network of land transport routes, forests of limited operational importance, as well as forests in regions with insufficient forest resources, the conservation of which required a restriction of the forest management regime.
The forests of the third group included forests of richly forested regions, which are of predominantly operational importance. In turn, such forests were divided into two types: mastered and reserved.
In the forests of all three groups, especially protective forest areas with a limited forest management regime could be distinguished.
In Art. 8 of the Federal Law of 04.12.2006 N 201-FZ "On the Enactment of the Forest Code of the Russian Federation" provides that forests of the first group and categories of protection of forests of the first group with the adoption of the new Forest Code of 2006 are recognized as protective forests and categories of protective forests specified in commented article.
2. Part 2 of the commented article suggests the distribution of protective forests into four categories depending on their location and purpose. These categories are:
Forests located on specially protected natural areas;
Forests located in water protection zones;
Forests that perform the functions of protecting natural and other objects;
Valuable forests.
In forests located in specially protected natural areas, forest management is carried out taking into account the legal regime certain types specially protected natural areas. Order of Rosleskhoz dated 04.07.2007 N 326 "On the organization of work on classifying forests as valuable forests, commercial forests, reserve forests and establishing their boundaries" (hereinafter - Order N 326) (lost force on March 19, 2008 in connection with the publication of the Order Rosleskhoz dated 03.20.2008 N 83) recommended to include forests that previously belonged to the forest protection categories of the first group "forests of state natural reserves", "forests of national parks", "forests of natural parks", as well as "natural monuments" to this category of protective forests located in specially protected natural areas of the same name. Forests located within the boundaries of other specially protected natural areas, according to the above Order of the Federal Forestry Service, may be classified as other categories of protective forests, especially protective forest areas, operational or reserve forests.
Legal regulation of forest management in forests of this category is carried out by the norms of the Forest Code of the Russian Federation, Federal Laws of 14.03.1995 N 33-FZ "On Specially Protected Natural Territories", of 10.01.2002 N 7-FZ "On Protection environment", Order of the Ministry of Natural Resources of Russia dated July 16, 2007 N 181 "On approval of the Features of the use, protection, protection, reproduction of forests located in specially protected natural areas" (hereinafter - Order N 181), as well as regulatory legal acts on certain types of specially protected natural territories (for example, the Regulation on state nature reserves in the Russian Federation, approved by Decree of the Government of the RSFSR of December 18, 1991 N 48, Regulations on national natural parks of the Russian Federation, approved by the Decree of the Council of Ministers - the Government of the Russian Federation of 10.08.1993 N 769, General position on state natural reserves of republican (federal) significance in the Russian Federation, approved by Order of the Ministry of Natural Resources of Russia dated 01.25.1993 N 14), etc. The use of forests located in specially protected natural areas must comply with the goals of creating such natural areas, otherwise the use of forests limited or prohibited.
The legal regime of forest management in forests located in water protection zones is established by the Forest Code of the Russian Federation, the Water Code of the Russian Federation, the Land Code of the Russian Federation, as well as the Order of the Federal Forestry Service of December 14, 2010 No. zones, forests that perform the functions of protecting natural and other objects, valuable forests, as well as forests located in specially protected areas of forests" (hereinafter - Order N 485), which entered into force on January 30, 2011.
In accordance with the Order of Rosleskhoz N 326, forests located in water protection zones, it was advisable to single out from the forests of the forest protection categories of the first group "forbidden forest belts along the banks of rivers, lakes, reservoirs and other water bodies" and "forbidden forest belts protecting spawning grounds of valuable commercial fish." The remaining areas of forests of the indicated categories of protection of forests of the first group could be attributed to other categories of protective forests, especially protective areas of forests or commercial forests.
Forests that perform the functions of protecting natural and other objects include:
Forests located in the first and second zones of the zones of sanitary protection of sources of drinking and domestic water supply. Decree No. 326 recommended to include forests that previously belonged to the category of protective forests of the first group "forests of the first and second belts of zones of sanitary protection of water supply sources" to this category of protective forests;
Protective forest belts located along public railways, federal public roads, public roads owned by the constituent entities of the Russian Federation. In this category of protective forests, Rosleskhoz considered it appropriate to allocate forests that previously belonged to the category of protective forests of the first group "protective belts of forests along railway lines, highways of federal, republican and regional significance", taking into account the parameters established in accordance with GOST 17.5.3.02- 90 "Nature Protection. Lands. Norms for the allocation of protective forest belts along railways and highways on the lands of the state forest fund." If there is an appropriate justification, forests that previously belonged to other groups of forests and categories of forest protection of the first group may be assigned to the specified category of protective forests (see Peculiarities of classifying forests as categories of protective forests, approved by Order No. 326);
Green zones;
Forested areas. Previously, green areas and forest parks were combined into one category. Federal Law No. 32-FZ of March 14, 2009 "On Amendments to the Forest Code of the Russian Federation and Certain Legislative Acts of the Russian Federation" divided this category into two independent ones - green areas and forest park areas;
City forests. This category of protective forests includes forests that were previously located on the lands of settlements (Order N 326);
Forests located in the first, second and third zones of the districts of sanitary (mountain-sanitary) protection of health-improving areas and resorts. In this category of protective forests, Rosleskhoz recommended to include forests that previously belonged to the category of protective forests of the first group "forests of the first, second and third zones of districts of sanitary (mountain-sanitary) protection of resorts", taking into account the requirements of the Federal Law of 23.02.1995 N 26-ФЗ "On natural healing resources, health-improving areas and resorts" (Order N 326).
The procedure for forest management in such forests is regulated, in addition to the norms of the Forest Code of the Russian Federation, also by the norms of the Town Planning Code, the Land Code, the Federal Laws "On natural medicinal resources, health-improving areas and resorts", dated 10.01.2003 N 17-FZ "On railway transport in the Russian Federation", Regulations on the districts of sanitary and mountain sanitary protection of medical and health-improving areas and resorts of federal significance, approved by Decree of the Government of the Russian Federation of 07.12.1996 N 1425, Order N 485 and other acts.
3. The intended purpose of the valuable forests specified in paragraph 4 of part 2 of the commented article consists, on the one hand, in the performance of their protective functions (for example, state protective forest belts or anti-erosion forests), on the other hand, economic (for example, walnut- commercial zones, forest fruit plantations). In addition, the significance of valuable forests and the need to establish their special legal regime may be due to the scientific or historical significance of such forests.
Paragraph 4, part 2 of the commented article contains a list of forest categories related to valuable forests. It:
a) state protective forest belts. This category corresponds to the previously established forest protection category of the first group "state protective forest belts";
b) anti-erosion forests. It also corresponds to the previously established category of forests of the first group "anti-erosion forests" (Order N 326);
c) forests located in desert, semi-desert, forest-steppe, forest-tundra zones, steppes, mountains. In accordance with Order No. 326, it was expedient to include forests of the previously established categories of forest protection of the first group "forests in desert, semi-desert steppe, forest-steppe and sparsely forested mountain areas, which are important for the protection of the natural environment", "tundra forests" in this category;
d) forests of scientific or historical importance. This category could include forests of previously established categories of forest protection of the first group "forests of scientific or historical significance" and "especially valuable forest areas" (Order N 326);
e) walnut commercial zones. This category corresponds to the previously established category of forest protection of the first group "walnut-commercial zones". If there was an appropriate justification, the specified category of protective forests included forests that previously belonged to other groups of forests and categories of forest protection of the first group (Order No. 326);
e) forest fruit plantations. This category could include forests of the previously established category of forest protection of the first group "forest plantations", and if there is an appropriate justification, forests that previously belonged to other groups of forests and categories of forest protection of the first group (Order N 326);
g) tape burs. Corresponds to the previously established category of forest protection of the first group "ribbon forests";
h) forbidden strips of forests located along water bodies;
i) spawning belts of forests.
Forbidden strips of forests located along water bodies and spawning strips of forests supplemented the list of valuable forests with the adoption of the Federal Law of July 22, 2008 N 143-FZ "On Amendments to the Forest Code of the Russian Federation and the Federal Law" On the Enactment of the Forest Code of the Russian Federation ".
The current forest legislation has retained the category of specially protected forest areas. The allocation of especially protective areas is carried out in the process of forest management in forests of all types - in production forests, in protective forests and in reserve forests for the purpose of preserving and protecting the useful functions of forests. The boundaries of specially protected forest areas are established along quarterly clearings and the boundaries of forest quarters, taking into account natural boundaries, as well as along forest taxation sites, fixed on the ground with the help of forest inventory, forest management signs and (or) indicated on forest maps. When designing specially protected forest areas, lists of designed areas are drawn up indicating the numbers of forest blocks and forest taxation areas, as well as an explanatory note with the rationale for the allocation of especially protective forest areas. The design of especially protective forest areas and fixing the location of their boundaries on the ground are provided by the Federal Forestry Agency (see the Rules for conducting forest management, approved by Decree of the Government of the Russian Federation of 06.18.2007 N 377).
4. The list of specially protected areas of forests, given in part 3 of the commented article, is open, which makes it possible to identify other categories of especially protected areas, depending on the emerging need for the protection and protection of certain forests. Previously, the list of specially protected forest areas was approved by the Federal Forestry Service of the Russian Federation (see part 2 of article 59 of the Forest Code of 1997, clause 11, clause 7 of the Regulations on Federal Service forestry of Russia, approved. Decree of the Government of the Russian Federation of February 10, 1998 N 173). Until now, the Order of Rosleskhoz dated December 30, 1993 N 348 "On approval of the Basic Provisions for the allocation of especially protective forest plots" continues to operate.
The legal regime of especially protective forest plots is considered in more detail in the commentary to Art. 107 LK RF.
Part 5 of the commented article establishes a general ban on carrying out activities in protective forests and in especially protective areas of forests that are incompatible with their intended purpose and useful functions. Since, in accordance with Part 4 of Art. 12 of the RF LC, protective forests are subject to development in order to preserve the environment-forming, water-protective, protective, sanitary-hygienic, health-improving and other useful functions of forests, the use of such forests must comply with the specified goals. Thus, the type of activity, the implementation of which is prohibited in protective forests and in specially protected areas of forests, directly depends on the functional purpose of the latter.
Thus, clear-cutting is prohibited:
In forests located on the territories of national parks, natural parks and state nature reserves, unless otherwise provided by the legal regime of functional zones established within the boundaries of these specially protected natural areas (part 3 of article 103 of the RF LC, clause 6 of Order No. 181) ;
In forests located on the territories of state nature reserves (part 2 of article 103 of the RF LC, clause 5 of Order No. 181);
In forests located in water protection zones, with the exception of cases provided for in Part 5.1 of Art. 21 LC RF (part 1 article 104 LC RF);
In forests that perform the functions of protecting natural and other objects, with the exception of cases provided for by Part 4 of Art. 17, part 5.1 of Art. 21 of the RF LC, cases of clear-cutting in areas with special conditions for the use of territories where the corresponding forests are located, if the regime of these zones provides for the felling of trees, shrubs, lianas (part 1 of article 105 of the LC of the Russian Federation);
In valuable forests, with the exception of cases provided for in Part 4 of Art. 17, part 5.1 of Art. 21 LC RF (part 1 article 106 LC RF);
In protected forest areas (part 2 of article 107 of the RF LC);
In specially protected forest areas, with the exception of cases provided for in Part 4 of Art. 17, part 5.1 of Art. 21 of the RF LC (part 2.1 of article 107 of the RF LC);
In forests located in the territories of complex (landscape), biological (botanical and zoological), paleontological, hydrological, geological state nature reserves, unless otherwise provided by the regulation on the relevant state nature reserve(clause 8 of Order No. 181);
In forests located on the territories of natural monuments and within the boundaries of their protected zones, if this entails a violation of the conservation of natural monuments (clause 9 of Order No. 181);
On the territory of the second zone of districts of sanitary and mountain and sanitary protection of medical and recreational areas and resorts of federal significance, except for sanitary cuttings (paragraph 15, clause 13 of the Regulations on the districts of sanitary and mountain and sanitary protection of medical and recreational areas and resorts of federal significance, approved by the Decree Government of the Russian Federation dated 07.12.1996 N 1425), etc.
Another type of activity, the implementation of which is prohibited by the legislator in some categories of protective forests, is the use of toxic chemicals for the protection and protection of forests, including for scientific purposes. This activity is prohibited, for example, in all forests located in specially protected natural areas, with the exception of the territories of biospheric polygons (part 5 of article 103 of the RF LC), in forests located in water protection zones (clause 2 of part 1 of article 104 RF LC), in forest park zones (clause 1, part 3, article 105 of the RF LC), as well as green areas, the first and second belts of sanitary protection zones for drinking and domestic water supply sources (clause 7 of Order N 485).
In addition to the above protection and protection measures, protective forests and especially protective forest plots are also subject to requirements for ensuring fire safety when using, guarding, protecting, reproducing, carrying out other activities in forests, as well as when citizens stay in forests, provided for by the Fire Safety Rules in forests, approved by Decree of the Government of the Russian Federation of 30.06.2007 N 417, the conditions for organizing the protection of forests from harmful organisms, as well as from negative impacts on forests, sanitary requirements aimed at ensuring sanitary safety in forests, provided for by the Rules for sanitary safety in forests, approved by Decree of the Government of the Russian Federation of June 29, 2007 N 414. water supply, are carried out in compliance with the requirements established by the legislation in the field of ensuring the sanitary and epidemiological welfare of the population.
6. In accordance with part 6 of the commented article, the powers to classify forests as protective forests, to allocate especially protective forest plots and establish their boundaries belong to state authorities and local governments.
Prior to the adoption of the Forest Code of 2006, the allocation of specially protected forest plots was attributed to the powers of the federal executive body, which performs the functions of developing public policy and legal regulation in the field of forestry, i.е. Federal Forestry Service (part 2, article 59 of the Forest Code of 1997, paragraph 11, paragraph 7 of the Regulations on the Federal Forestry Service of Russia, approved by Decree of the Government of the Russian Federation of February 10, 1998 N 173). The parameters of specially protected forest areas were approved by the territorial bodies of Rosleskhoz on the basis of forest management materials or a special survey (part 2 of article 59 of the Forest Code of 1997). Also, Rosleskhoz assigned forests to groups of forests and categories of forest protection of the first group and transferred forests from one group of forests or category of forest protection of the first group, respectively, to another group or category (clause 10, clause 7 of the Regulations on the Federal Forestry Service of Russia).
At present, the assignment of forests to valuable forests and the allocation of especially protected forest areas is within the authority of the Federal Forestry Agency (clause 5.4.4 of the Regulations on the Federal Forestry Agency, approved by Decree of the Government of the Russian Federation of September 23, 2010 N 736). Rosleskhoz Order No. 237 of 26.08.2008 "On Approval of Temporary Guidelines for Classifying Forests as Valuable Forests, Commercial Forests, Reserve Forests" defines a temporary procedure for organizing work on classifying forests as valuable forests, commercial forests and reserve forests. The allocation of especially protective forest areas is regulated by the Order of the Federal Forestry Service dated December 30, 1993 N 348 "On approval of the main provisions for the allocation of especially protective forest areas."
24.02.2012
Forest group - a classification category of the forest fund of the Russian Federation, established by the forest legislation according to the main socio-economic and environmental significance. Forests are divided into 3 groups. Depending on the group, the legal regime of forests is determined, the procedure for conducting forestry, the use of forests and forest fund lands is established.
The first group includes forests that perform mainly water protection, protective, sanitary, hygienic and health-improving functions. The second group includes forests in areas with a high population density and a developed network of transport routes, which have protective and limited operational significance, as well as forests with insufficient forest resources, in order to maintain the protective functions of which, the continuity and inexhaustibility of their use, a stricter use regime is required than in the forests of the third group. The third group of forests includes forests of richly forested regions, which are primarily of operational importance and designed to continuously meet the needs of the economy in wood without compromising the protective properties of these forests.
The most representative is the third group of forests. As of January 1, 2003, its area in the forest fund of Russia amounted to 815.08 mln ha, or 69.4% of the area of forest fund lands. The second place is occupied by forests of the first group - 269.3 million hectares, or 23.0%. The dynamics of the absolute values of the areas indicates a gradual increase in the proportion of forests of the first and second groups. For 1966-2003 the representation of forests of these groups in the forest fund increased from 14.9 to 23.0% and from 3.8 to 7.6%, respectively. The share of forests of the third group decreased from 81.0 to 69.4%.
In the forests of the first group, depending on the functions they perform, categories of protection are distinguished. For each category of forests, in accordance with the current legislation, a certain mode of management and use of the forest is established, depending on the main purpose of the category of forest protection. The most representative category is tundra forests (34% total area forests of the first group). The next place in terms of representation is occupied by forbidden strips of forests that protect the spawning grounds of valuable commercial fish (22.4%).
In addition to the categories of protection that are distinguished only in the first group of forests, in forests, regardless of their belonging to one or another group, especially protective areas of forests with a limited forest management regime are distinguished (coast and soil protection areas of forests along the banks of water bodies, slopes of ravines and gullies of edges forests on the borders with treeless territories, habitats and distribution of rare and endangered wild animals, etc.).
Chapters 15 and 16 of the RF LC determine the legal regime of forests depending on their economic, environmental and social significance. Features of the exercise of the right to use forests have traditionally been associated with the legal regime of forests, which established the conditions for the use and protection of forests, depending on the groups of forests and categories of forest protection of the first group.
The criteria for assigning forests to groups were their role and importance they play in the "nature-society" system, location and the functions they perform. The division of forests into groups was introduced in 1943.
Forests, the main purpose of which is to perform various ecological functions, and forests of specially protected natural areas were classified as forests of the first group. This group divided into 20 protection categories.
The forests of the second group included the forests of regions with a high population density and a developed network of land transport routes, forests with insufficient forest resources requiring a restriction of the forest management regime.
The forests of the third group included forests of richly forested territories, which are of predominantly operational importance. They were divided into two types: mastered and reserve forests. In the forests of all groups, it was allowed to allocate especially protective areas with a limited forest management regime.
In accordance with Art. 10 LK RF introduced new classification forests. They are divided into protective, operational and reserve, while in relation to forests located on lands of other categories, the Forest Code of the Russian Federation allows them to be classified as protective forests.
The main purpose of protective forests is to perform various ecological functions - environment-forming, water protection, protective, sanitary and hygienic, health-improving and others. Additional restrictions on forest use in protective forests are intended to preserve natural objects that are interconnected with forests, land, water, animal and flora and the environment in general.
Protective forests are divided into four categories depending on their location and functional purpose:
Forests located in specially protected natural areas;
Forests located in water protection zones;
Forests that perform the functions of protecting natural and other objects;
Valuable forests.
The allocation of categories of protective forests is due to the need for more stringent regulation of logging (clear or selective) in these forests, since it is logging that can significantly affect the entire forest ecosystem and related natural objects. In this case, it is necessary to be guided by paragraph 4 of Art. 17 of the Tax Code of the Russian Federation, according to which clear-cutting in protective forests is carried out only if selective felling does not ensure the replacement of forest plantations that are losing their environment-forming, water-protective, sanitary-hygienic, health-improving and other useful functions with forest plantations that ensure the preservation of the target the purpose of protective forests and the useful functions they perform.
The legal regime of forest management in forests located in specially protected natural areas is subject to the legal regime of certain types of specially protected natural areas.
It is established by the norms of the Forest Code of the Russian Federation, Federal Law of March 14, 1995 N 33-FZ "On Specially Protected Natural Territories" (as amended on December 4, 2006) * (168), Federal Law of January 10, 2002 N 7-FZ "On Environmental Protection" (as amended on February 5, 2007) * (169), Decree of the Government of the RSFSR of December 18, 1991 N 48 "On approval of the Regulations on state natural reserves in the Russian Federation" (with amended and supplemented on April 23, 1996) * (170), Resolution of the Council of Ministers - Government of the Russian Federation of August 10, 1993 N 769 "On approval of the Regulations on national natural parks of the Russian Federation" * (171), etc.
A special protection regime is established in specially protected natural areas, which permanently or temporarily prohibits or restricts any activity that contradicts the goals of creating a specially protected natural area.
Legal regulation of the use of forests in water protection zones is carried out in accordance with the Forest Code of the Russian Federation, the Water Code of the Russian Federation, the Land Code of the Russian Federation, Decree of the Government of the Russian Federation of November 23, 1996 N 1404 "On Approval of the Regulations on Water Protection Zones of Water Bodies and Their Coastal Protective Belts" * (172), by order of the Federal Forestry Service of March 25, 1997 N 33 "On the Regulations on the water protection zones of water bodies and their coastal protective strips."
Forests that perform sanitary, hygienic and health-improving functions are classified as protective forests depending on the type of natural or other object in respect of which they perform a protective function. They include:
Forests located in the first and second belts of the zones of sanitary protection of sources of drinking and household water supply;
Protective belts of forests located along public railways, federal public roads, public roads owned by the subjects of the Federation;
Forests of green areas, forest parks, urban forests;
Forests located in the first, second and third zones of the districts of sanitary (mountain-sanitary) protection of health-improving areas and resorts.
The legal regime of this category of protective forests is established by the norms of the Forest Code of the Russian Federation, the Land Code of the Russian Federation, the Town Planning Code of the Russian Federation, the Water Code of the Russian Federation, the Federal Law of October 6, 2003 N 131-FZ "On general principles organizations of local self-government in the Russian Federation "(as amended on December 29, 2006) * (173), Federal Law of February 23, 1995 N 26-ФЗ "On natural healing resources, health-improving areas and resorts" (in dated December 29, 2006) * (174), Federal Law of January 10, 2003 N 17-FZ "On Railway Transport in the Russian Federation" (as amended on July 7, 2003) "* (175) , Decree of the Government of the Russian Federation of December 7, 1996 N 1425 "On approval of the Regulations on the districts of sanitary and mountain-sanitary protection of medical and recreational areas and resorts of federal significance" (as amended on July 19, 2006) * (176), resolution Government of the Russian Federation of October 12, 2006 N 611 "On the procedure for establishing and using right-of-way and security zones of railways" * (177), etc.
Valuable forests perform not only protective functions, for example, anti-erosion, field protection, but can also be of scientific, historical value or have an economic purpose - walnut commercial zones, forest fruit plantations.
Forest legislation retained the concept of "especially protective areas of forests". They can be distinguished in all types of forests, since their main purpose is to preserve the protective and other ecological and social functions of forests. The presented list of names of especially protective forest areas is much narrower (only 6) than the list of names (there are 26 of them) contained in the order of the Federal Forestry Service dated December 30, 1993 N 348 "On approval of the Basic Provisions for the allocation of especially protective forest areas" (as amended. and additional dated May 27, 1997) * (178).
The list of especially protected areas of forests is open and can be supplemented or changed due to the need to protect certain types of natural objects.
The powers to classify forests as valuable forests and to allocate specially protected forest plots in forests of all types, as well as to establish their boundaries, have been transferred to state authorities and local governments in accordance with Art. 81-84 LK RF.
The legal regime for the use, protection, protection, reproduction of protective forests, especially protective areas of forests is established by the authorized federal executive body.
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