Forests are subject to protection from fires, illegal logging, violation of forest management procedures, pests, diseases, pollution, damage, and other actions that cause harm to them.
The protection and protection of forests is carried out by state authorities and local governments within the limits of their powers.
According to Article 1 of the Forest Code of the Russian Federation, ensuring the protection and protection of forests is one of the principles of forest legislation and, therefore, serves as the basis for forest legislation and other normative legal acts regulating forest relations.
In the legal literature, when considering issues of legal protection of forests, their multifunctional significance is noted.
“In ecological terms, a forest is a complex of ecological systems that unite flora and fauna, land and water resources into one whole. It performs climate-regulating, environmental protection, soil protection, water protection, sanitary and health functions, serves as a source of replenishing the atmosphere with oxygen reserves, filters industrial waste and purifies the air, and is a habitat for animals and birds, insects and other animals. The economic function of the forest is manifested in the fact that it acts as a source of timber and other forest products necessary to meet the needs of National economy and population. The cultural, aesthetic, scientific, educational, recreational and health value of forests in human life is great.”
As a result, the legal protection of forests is currently considered in forest law as a system of measures aimed at preserving forests from weakening, damage, destruction and other similar negative consequences. It does not matter whether this is due to unfavorable natural phenomena or human activity.
According to long-standing practice, the reasons for the negative impact on forests are forest fires, the spread of harmful organisms, pollution, illegal logging, etc.
In a broad sense, the concept of “forest protection” has not been used in forestry legislation for a long time. Reproduction of forests and afforestation, organization of rational use of forests, division of forests according to their intended purpose, responsibility for violations of forest legislation and other institutions of forest law, designed, among other things, to ensure the conservation of forests, are not usually called forest protection in regulatory legal acts.
General provisions for the protection and protection of forests are contained in Chapter 3 of the Forest Code of the Russian Federation. At the same time, for each type of forest protection and protection, lists of activities carried out are indicated. When applying the norms of the LC RF on forest protection, we must not forget that forest conservation is not limited to carrying out the activities provided for in this chapter.
In this regard, it is appropriate to pay attention to how the concept of “forest protection” is viewed from the point of view of the legal science of forest law: “In the broad sense of the word, forest protection covers the entire process of their use on the basis of “cutting - restoration”, taking into account the protective properties of forest plantations or , in other words, coincides with the process of rational use. Forest protection in the proper sense of the word usually means their protection from natural phenomena and from unlawful human influence on forests through unauthorized use.”
Based on such ideas about the legal protection of forests, some scientists in the field of forest law proposed to distinguish the following three types of activities:
- · protection of forests from insect pests, diseases and other natural phenomena;
- · protection of forests from fires that occur both as a result of natural phenomena and, mainly, due to unlawful human actions (inaction);
- · protection of forests from unlawful human actions.
The protection of forests from fires is carried out in accordance with the Forest Code of the Russian Federation and the Federal Law of December 21, 1994 No. 69-FZ “On Fire Safety”.
In order to ensure fire safety in forests, the following is carried out:
- - fire-fighting arrangement of forests, including construction, reconstruction and maintenance of fire-fighting roads, landing sites for aircraft, helicopters used for the purpose of carrying out aviation work for the protection and protection of forests, laying clearings, fire breaks;
- - creation of systems, means of preventing and extinguishing forest fires (fire fighting equipment and equipment, fire equipment and others), maintenance of these systems, means, as well as the formation of reserves of fuels and lubricants for periods of high fire danger;
- - fire hazard monitoring;
- - development of plans for extinguishing forest fires;
- - extinguishing forest fires;
- - other fire safety measures in forests.
Protection of forests from harmful organisms is classified as quarantine objects. It is carried out in accordance with the Federal Law of July 15, 2000. No. 99-FZ “On plant quarantine”.
To ensure sanitary safety in forests, the following is carried out:
- - forest protection zoning (determination of zones of weak, medium and strong forest pathological threat);
- - forest pathological examinations and forest pathological monitoring;
- - sanitary and health measures (cutting down dead and damaged forest plantations, cleaning forests from litter, pollution, and other negative impacts);
- - aviation and ground work to localize and eliminate outbreaks of pests;
- - establishment of sanitary requirements for the use of forests.
Sanitary safety rules in forests are established by the Government of the Russian Federation.
In order to protect and protect forests, information is collected, analyzed and used on the forest pathological state of forests, including outbreaks of pests classified as quarantine objects (forest pathological monitoring).
To preserve rare and endangered plant species listed in the Red Book Russian Federation or red books of subjects, it may be prohibited to carry out activities, the negative impact of which will lead or may lead to a reduction in such species and (or) deterioration of their habitat, or restrictions on the implementation of such activities may be established.
Thus, legal protection and protection of forests is the key to their conservation.
The legal basis of forest legislation is the Forest Code of the Russian Federation, other federal laws and other regulatory legal acts of the Russian Federation, as well as laws and other regulatory legal acts of the constituent entities of the Russian Federation.
Goals and objectives forestry legislation is to ensure:
rational use of forests;
protection, protection and reproduction of forests;
conservation of biological diversity of forest ecosystems;
increasing the ecological and resource potential of forests;
meeting society's needs for forest resources based on scientifically based multi-purpose forest management.
Forestry legislation and other regulatory legal acts regulating forest relations are based on the following principles:
sustainable forest management, conservation of forest biological diversity, increasing their potential;
preservation of the environment-forming, water-protective, protective, sanitary-hygienic, health-improving and other useful functions of forests in the interests of ensuring everyone’s right to a favorable environment;
the use of forests taking into account their global environmental significance, as well as taking into account the duration of their cultivation and other natural properties of forests;
ensuring multi-purpose, rational, continuous, sustainable use of forests to meet the needs of society for forests and forest resources;
reproduction of forests, improvement of their quality, as well as increasing forest productivity;
ensuring the protection and protection of forests;
participation of citizens and public associations in the preparation of decisions, the implementation of which may have an impact on forests during their use, protection, protection, reproduction, in the manner and forms established by the legislation of the Russian Federation;
use of forests in ways that do not harm the environment and human health;
dividing forests into types according to their intended purpose and establishing categories of protective forests depending on the useful functions they perform;
inadmissibility of the use of forests by state authorities and local governments;
payment for forest use.
Forests are considered to be a collection of land, trees, shrubs and other types of vegetation, animals, microorganisms and other components of nature, biologically interconnected and influencing each other in their development.
The use, protection, protection, and reproduction of forests are carried out based on the concept of the forest as an ecological system or as a natural resource.
Forests are located on forest fund lands and lands of other categories. The use, protection, protection, and reproduction of forests are carried out in accordance with the intended purpose of the lands on which these forests are located. The boundaries of forest fund lands and the boundaries of lands of other categories on which forests are located are determined in accordance with land legislation, forestry legislation and legislation on urban planning activities.
Forest areas within the forest fund lands are federal property.
Art. 9 of the Forest Code of the Russian Federation defines the right of permanent (indefinite) use of forest plots, the right of limited use of other people's forest plots (easement), the right to lease forest plots, as well as the right of free fixed-term use of forest plots, which arises and is terminated on the grounds and in the manner provided civil legislation, legislation of the Russian Federation on concession agreements and land legislation.
Forestry legislation regulates the procedure for the protection of forests, their division according to their intended purpose, depending on the environmental, soil protection, health-improving and other functions performed, linking with this the right to use forests and establishing restrictions on the use of forests.
Forests located on forest fund lands are divided into protective, operational and reserve forests according to their intended purpose. Forests located on lands of other categories can be classified as protective forests.
Towards protective forests include forests that are subject to development in order to preserve the environment-forming, water-protective, protective, sanitary-hygienic, health-improving and other useful functions of forests with the simultaneous use of forests, provided that this use is compatible with the intended purpose of protective forests and the useful functions they perform.
In protective forests and in especially protected areas of forests, a particularly strict forest management regime has been established. They prohibit the implementation of activities incompatible with their intended purpose and useful functions.
To production forests include forests that are subject to development for the purpose of the intended sustainable, most efficient production of high-quality wood and other forest resources, their processed products, ensuring the preservation of the useful functions of forests.
Towards reserve forests include forests in which no timber harvesting is planned for twenty years. In such forests, aerial work is carried out to protect and protect forests.
The classification of forests as valuable, operational and reserve forests, and the establishment of their boundaries are carried out by state authorities and local governments within the limits of their powers.
The basis for the use, protection, defense, and reproduction of forests located within the boundaries of a forest district or forest park is the forestry regulations of the forest district or forest park, which are drawn up for a period of up to 10 years.
Activities to check the condition of forests, their quantitative and qualitative characteristics are called the state forest inventory.
The State Forest Register is a systematic collection of documented information about forests, their use, protection, protection, reproduction, forest areas and forest parks.
The use of forests in the Russian Federation is paid. For the use of forests, a rent or payment is made under a forest purchase and sale agreement.
Forests are subject to protection from fires, pollution (including radioactive substances) and other negative impacts, as well as protection from harmful organisms.
A statement regarding the use of forests in accordance with a forest development project is called a forest declaration. Every year, a forest declaration is submitted to state authorities, local authorities within the limits of their powers, by persons to whom forest areas are provided for permanent (indefinite) use or lease.
Forest plots in state or municipal ownership are provided to legal entities for permanent (indefinite) use, lease, free-term use, and for lease, free-term use - to citizens.
Failure by citizens and legal entities involved in the use of forests to comply with forestry regulations and forest development projects is grounds for early termination of forest lease agreements or purchase and sale agreements for forest plantations, as well as forced termination of the right to permanent (indefinite) use of a forest area or gratuitous temporary use of forest land. plot.
Compliance with forest legislation is ensured through state forest control and supervision.
Persons guilty of violating forest legislation bear legal liability established by law. Administrative and criminal. Prosecution for violation of forestry legislation does not relieve the perpetrators of the obligation to eliminate the identified violation and compensate for the damage caused by these persons.
Legal protection of forests.
Forest protection is carried out taking into account their biological and regional characteristics, and includes a set of measures aimed at the rational use of the forest fund, preservation from destruction, damage and other harmful effects .
The basic regulatory act in the system of forest legislation is the Forest Code of the Russian Federation. In accordance with Article 51 of the RF LC, forests are subject to protection from fires, from pollution and from other negative impacts, as well as from harmful organisms. The conservation and protection of forests is carried out by state authorities and local governments within the limits of their powers.
Of primary importance for the protection of forests are the basic requirements for forestry management. Organizations involved in forestry are entrusted with the functions of accounting for the forest fund, organizing rational and targeted use, monitoring the work carried out by forest users, suppressing violations of forest management norms and rules, and fire safety and sanitary development of the forest fund territory.
As for citizens and legal entities whose activities may have or are having a negative impact on the condition of forests, they are charged by law with the obligation to carry out technological, sanitary and other measures for the protection and protection of forests, agreed upon with forestry management bodies and the authorities of the constituent entities of the Russian Federation.
According to the Forest Code of the Russian Federation, in order to prevent forest fires, combat them, as well as pests and forest diseases public authorities are entrusted with the responsibility˸
1.organize annually the development and implementation of action plans for the prevention of forest fires, fire-fighting arrangement of the forest fund and forests not included in the forest fund;
2. ensure the preparedness of organizations entrusted with the protection and protection of forests, as well as forest users, for the fire season;
3. establish a procedure for attracting the population, employees of commercial and non-profit organizations, as well as fire-fighting equipment, transport and other means of these organizations to extinguish forest fires, provide citizens involved in this work with means of transportation, food and medical care;
4. organize fire prevention propaganda;
Legal protection of forests. - concept and types. Classification and features of the category "Legal protection of forests." 2015, 2017-2018.
Forests are one of the objects of environmental protection and nature management. The main requirements for the protection and conservation of forests are to strengthen measures against fires, pollution (including radioactive substances and other negative impacts), and... .
The Forest Code distinguishes between conservation and protection. Forests are subject to protection from fire, from pollution, including radioactive substances and from other negative impacts, as well as protection from harmful organisms. Failure of citizens, legal entities carrying out...
General provisions
Article 1 of the LC considers the protection and protection of forests as the main principle of forest legislation. This principle is reflected in the Code in the context of the main ideas that permeate the content of almost all of its norms.
The concept of “forest protection” includes measures to protect forests from fires, pollution, including radioactive pollution, and other harmful effects.
The approach to defining the concept of “forest protection” in the new and previously valid forest legislation is different. According to the 1997 LC, forests were subject to protection from fires, illegal logging (cutting), violations of the established forest management procedures and other actions causing harm to the forest fund and forests not included in the forest fund, as well as protection from forest pests and diseases.
The conservation and protection of forests is carried out taking into account their biological and other characteristics and includes a set of organizational, legal and other measures for the rational use of the forest fund and forests not included in the forest fund, the preservation of forests from destruction, damage, weakening, pollution and other negative impacts .
Unlike the Forest Code of 1997, the Forest Code of 2006 does not consider the protection of forests from illegal logging (cutting), violations of the established forest management procedures and other actions harmful to forests as elements of a system of forest protection measures. The fact is that Part 1 of Article 19 of the LC 2006 imposes on the tenants of forest plots in certain cases the obligation to carry out measures to protect forests. In particular, such fire safety measures in forest areas provided for lease, such as:
fire-fighting arrangement of forests, including the construction, reconstruction and maintenance of fire-fighting roads, landing sites for aircraft, helicopters used for the purpose of carrying out aviation work for the protection and protection of forests, laying clearings, fire breaks;
the creation of systems, means of preventing and extinguishing forest fires (fire fighting equipment and equipment, fire equipment and others), the maintenance of these systems, means, as well as the formation of reserves of fuels and lubricants for periods of high fire danger, are carried out by the tenants of these forest areas on the basis of a development project forests (Part 3 of Article 53 of the Leningrad Code).
Sanitary and health measures (cutting down dead and damaged forest plantations, clearing forests of litter, pollution and other negative impacts) are also carried out by the tenants of these forest plots on the basis of the forest development project (Part 2 of Article 55 of the Labor Code).
Monitoring compliance with forestry legislation requirements, i.e. The responsibility for implementing state forest control and supervision, Part 1 of Article 96 of the Leningrad Code, rests with the relevant government bodies.
The tenant does not have the right to take any measures to protect forests, except for those the obligation to implement which is directly assigned to him by the Code (Part 1 of Article 51).
The protection of forests from forest violations is the exclusive prerogative of the authorities.
Article 81 of the LC defines the powers of government bodies of the Russian Federation to establish the procedure for organizing aviation work for the protection and protection of forests and the implementation of these works; features of protection, protection, reproduction of forests, as well as the development and implementation of preventive and rehabilitation measures in areas of radioactive contamination of forests; forms of the report on the protection and protection of forests and the procedure for its submission; the procedure for monitoring and supervising the use, protection, defense, and reproduction of forests (state forestry control and supervision); determination of the features of use, protection, protection, reproduction of forests located on lands of specially protected natural areas.
An important role in forest protection is played by the fulfillment by forest users of the duties established for them by law.
The requirements of legislation on environmental protection, which provide for the need to provide production facilities with treatment facilities and devices, serve to prevent harmful effects on forests Wastewater, chemicals, industrial and municipal emissions and waste.
If enterprises and organizations carry out work that negatively affects the condition or reproduction of forests, or do not ensure the protection of forests from fires, such work may be suspended or prohibited until the causes of these actions are eliminated.
Of fundamental importance for the rational use and protection of forests is their distribution into groups and the establishment of a felling regime and rules of protection characteristic of each of them.
In other forests, timber harvesting and other types of use are carried out, which must be carried out in compliance with the principles of continuous, sustainable and rational forest management, requirements for preserving and strengthening the environment-forming, water-protective and protective functions of forests, ensuring conditions for their reproduction, as well as scientifically based forest management standards.
This involves establishing and observing rules for timber harvesting and other uses, combating illegal use and violation of its rules, protecting forests from fires, pests and diseases.
Timber harvesting is carried out in accordance with the Rules for the supply of standing timber in the forests of the Russian Federation and must be carried out in accordance with the scientifically based norm of forest cutting, which assumes that the volume of forest cutting and timber harvesting used for the needs of the economy and the population is established taking into account the annual growth of the forest. This volume is determined by the approval by state forestry management bodies of the estimated cutting area for each enterprise engaged in forestry and timber harvesting, as well as for administrative-territorial units or forest management zones (Article 62 of the RF LC). Exceeding the established volume of timber harvesting is prohibited by law.
The implementation of the principle of sustainable forest management is also ensured by carrying out work on forest reproduction. They are carried out in areas that were previously covered with forest (clearings, burnt areas, etc.) or intended for afforestation on non-forest lands. Responsibilities for forest reproduction and afforestation are assigned both to organizations conducting forestry (forestry enterprises) and to forest users themselves (Articles 89, 90 of the RF LC).
Protecting forests from fires and ensuring fire safety in forests
Preserving the traditions of the RF LC of 1997, the legislator determined the basis for regulating relations related to the protection of forests from fires and ensuring fire safety in forests (Articles 52, 53).
The general legal, economic and social basis for ensuring fire safety in the Russian Federation is determined by the Federal Law of December 21, 1994 "On Fire Safety", which also regulates relations in the field of fire safety between government bodies, local governments, legal entities, peasant (farmer) ) farms, as well as between public associations, officials, citizens of the Russian Federation, foreign citizens, stateless persons.
Fire safety is the state of protecting individuals, property, society and the state from fires. Fire is an uncontrolled combustion that causes material damage, harm to the life and health of citizens, and the interests of society and the state.
In addition, mandatory fire safety requirements are established by the Fire Safety Rules in Forests of the Russian Federation, approved by Resolution of the Council of Ministers of the Government of the Russian Federation dated September 9, 1993 N 886 * (36); Fire safety rules in the Russian Federation (PPB-01-03), approved by order of the Ministry of Emergency Situations of Russia dated June 18, 2003 N 313 * (37). For violation of fire safety rules, the legislation provides for administrative and criminal liability (Article 8.32 of the Code of Administrative Offenses of the Russian Federation, Article 261 of the Criminal Code of the Russian Federation).
Protecting forests from fires involves implementing a set of measures to prevent, detect, limit the spread and extinguish fires in forests. The most important task of protecting forests from fires is to implement systemic measures to prevent the occurrence of forest fires, limit their spread and create conditions for successful fight against them. For this purpose, the main fire safety measures in forests are now indicated directly in the text of the Code (Part 1, Article 53)*(38). The RF LC 1997 did not contain such a list.
Objects of flora (trees, shrubs, vines and other plants) listed in the Red Book of the Russian Federation or the Red Books of the constituent entities of the Federation are subject to special protection. The content of such protection is generally defined in Art. 59 of the Code. As measures to protect rare and endangered forest plants, the Code provides for a ban on the implementation of relevant types of activities and the establishment of restrictions on their implementation.
In accordance with the Decree of the Government of the Russian Federation dated February 19, 1996 N 158 “On the Red Book of the Russian Federation” * (41) The Red Book of the Russian Federation is an official document containing a summary of information on the status and distribution of rare and endangered species (subspecies, populations) of wild animals and wild plants and fungi (objects of the animal and plant world) living (growing) on the territory of Russia, on the continental shelf and in the exclusive economic zone of the Russian Federation. The Red Book of the Russian Federation also contains the necessary measures for the protection and restoration of these objects of flora and fauna.
The list (list) of flora objects included in the Red Book of the Russian Federation was approved by order of the Ministry of Natural Resources of the Russian Federation dated October 25, 2005 N 289 “On approval of lists (lists) of flora objects listed in the Red Book of the Russian Federation and excluded from the Red Book of the Russian Federation Federation (as of June 1, 2005)"*(42).
Ministry of Education and Science of the Russian Federation
Ivanovo State University
Department of Labor and Environmental Law
Abstract on environmental law
Legal protection of forests
Completed by: 2nd year student, 2nd group d.o.
Lopatina O.V.
Checked by: senior teacher
Bulatskaya N.G.
Ivanovo 2009
Introduction
Man is unthinkable outside of nature. Since ancient times, the forest has been a habitat and a place of fishing for a huge number of ethnic groups. And in our time, it would be difficult to imagine humanity without forests and its products. One only has to look around to understand how closely we are connected. We must not forget about the spiritual side of interaction between man and forest. Who wouldn't want to take a walk through a clean, light pine forest or just touch a living birch trunk?
Forest has always been one of the easiest, cheapest objects for using natural resources. Over the entire history of civilization, 2/3 of the forests have been cut down, and now over 20 hectares of forests are being destroyed per minute. Therefore, over time, the moment came when a person had to think about replenishing the declining forest tracts, as well as protecting it from fires. “As a result of economic activity, there is a gradual depletion of the natural environment, the loss of those natural resources that serve as a source of human economic activity. The loss of forests is not only the loss of oxygen, but also the most important economic resources that people need for further activities.”
Chapter I. Forests as an object of legal protection
§1. Forest concept
The concept of forest is basic, fundamental for forestry legislation. Article 5 of the Forest Code of the Russian Federation dated December 4, 2006 stipulates that the use, protection, protection, and reproduction of forests are carried out based on the concept of the forest as an ecological system or as a natural resource.
This definition does not fully disclose the content of the defined object. Forest Code of the Russian Federation 1997 also did not contain a clear definition of the concept of forest, only in the preamble it was defined that a forest is a collection of forest vegetation, land, wildlife and other components of the natural environment that have important ecological, economic and social significance. In one of the draft Forest Codes, there was a definition of a forest as a natural object that makes up an integral set of forest vegetation, land, soil, and other components that are interconnected with each other and the external environment (forest ecosystem). In another bill, the concept of forest was tied to the size of hectares of land on which forest vegetation grows densely. Some scientists have developed the concept of forest as the main type of vegetation, the dominant layer of which is formed by trees of one or more species with closed crowns. The definition contained in Article 5 of the Forest Code of the Russian Federation is more than not specific; it only emphasizes that a forest is an ecological system, a natural resource. It does not reflect which components are included in the concept of an ecological system. The Code also does not clearly indicate that the use, reproduction and protection of forests are practically components of forest relations.
Here is one of the definitions of an ecosystem available in encyclopedic literature. “Ecosystem (ecological system) –
1) any community of living beings and habitat, united into a single functional whole, arising on the basis of the relationship and cause-and-effect relationships that exist between individual environmental components. There are microecosystems (for example, the trunk of a rotting tree, etc.), mesoecosystems (forest, pond, etc.) and macroecosystems (ocean, continents, etc.). There is one global ecosystem - the biosphere;
2) synonym for biogeocenosis. It is more correct to consider biogeocenosis as hierarchically elementary complex, i.e. consisting of a biotope and a biocenosis, an ecosystem is a kind of cell (by analogy with the cellular structure of organisms) of the biosphere;
3) an informationally self-developing, thermodynamically open set of matter and energy, the unity and functional connection of which within the time and space characteristic of a certain area of the biosphere ensure that internal regular movements of matter, energy and information in this area exceed external exchange (including between neighboring similar aggregates) and on the basis of this indefinitely long self-regulation and development of the whole under the controlling influence of biotic and biogenic components.”
Industry standard OST 56-108-98 “Forestry. Terms and definitions" (approved by Order of Rosleskhoz dated December 3, 1998 No. 203) contains the definition of forest established in accordance with the Forest Code of the Russian Federation of 1997: "3.1.3. Forest is an integral set of forest trees and other plants, soil, animals, microorganisms and other natural components that are in relationship with the internal and external environment."
The concept of forest contained in the Forest Code of the Russian Federation dated December 4, 2006. does not contradict this definition. In accordance with Art. 1 “Basic concepts” of the Federal Law of January 10, 2002 No. 7-FZ “On Environmental Protection”:
A natural ecological system is an objectively existing part of the natural environment, which has spatial and territorial boundaries and in which living (plants, animals and other organisms) and non-living elements interact as a single functional whole and are interconnected by metabolism and energy;
Natural resources are components of the natural environment, natural objects and natural-anthropogenic objects that are used or can be used in economic and other activities as sources of energy, production products and consumer goods and have consumer value.
A different definition was given by the recognized creator of the doctrine of forests, the classic of forestry G.F. Morozov. He was the first to reveal the essence of the forest by defining three concepts. Firstly, G.F. Morozov believed that “a forest must be understood as a set of woody plants, changed both in their external form and in their internal structure under the influence of their influence on each other, on the occupied soil and atmosphere.” Secondly, “a forest is not only a collection of plants, but also animals along with them, i.e. a complex of all living things, where all the constituent components interact with each other and with environment, constantly changing." In fact, G.F. Morozov was the first to understand the forest in this way and call it a biocenosis. Thirdly, constantly and everywhere noting that the forest is a geographical phenomenon, and emphasizing that the forest must be looked at even more broadly and deeply, namely as a landscape or part of the earth’s space together with plants and animals, G.F. Morozov says: “Following the dismemberment of the earth’s surface comes the dismemberment of the soil cover and adjacent layers of the atmosphere, and everything taken together entails the dismemberment of the vegetation cover.” And further: “The forest is a geographical phenomenon, the various forms of which and their life cannot be understood without the connection of these formations with the external or geographical environment. So close and deep is this connection that by forest, in essence, we must mean not only one set of woody plants united by mutual connections, but also that environment, that arena in which those social processes that we all collect play out, as in focus, in the concept of “forest”. The forest is an element and, like steppes, deserts, tundras, it is part of the landscape, part, therefore, of the earth’s surface, occupied, due to its certain biological properties, by corresponding forest communities.”
§2. Division of forests by intended purpose
Despite the ambiguity of the wording, the definitions of these terms, being legally enshrined, acquire a normative, mandatory interpretation. Understanding the forest as a natural object emphasizes not only its biological, but also its legal inextricable connection with the land plot.
Article 6 of the Forest Code of the Russian Federation establishes that forests are located on lands of the forest fund and lands of other categories, and the use, protection, protection, and reproduction of forests is carried out in accordance with the intended purpose of the lands on which these lands are located.
In Article 10 of the RF LC “Division of forests according to their intended purpose,” forests are divided into three components: protective forests, production forests and reserve forests.
In accordance with the Forest Code of the Russian Federation of 1997, all forests in the forest fund were divided into forests of the first, second and third groups. The division was based on the economic, environmental and social functions of forests. When dividing forests into groups, their location and functional purpose were taken into account.
The economic, and not the ecological or some other component, was recognized as dominant in the differentiation of forests into groups. The corresponding problem was solved depending on the predominance of society's needs for raw materials or non-raw materials.