Protective forests. Forest groups and forest protection categories of the first group See what "Protective forests" are in other dictionaries

1. Protective forests include forests that are subject to development for the purposes provided for by paragraph 4 of Article 12 of this Code.

2. Taking into account the peculiarities of the legal regime of protective forests, the following categories of these forests are determined:

1) forests located on specially protected natural areas;

2) forests located in water protection zones;

3) forests that perform the functions of protecting natural and other objects:

a) forests located in the first and second zones of the sanitary protection zones of sources of drinking and domestic water supply;

b) protective strips of forests located along public railways, federal highways public roads, public roads owned by entities Russian Federation;

c) green areas;

c.1) forest park zones;

d) urban forests;

e) forests located in the first, second and third zones of the districts of sanitary (mountain-sanitary) protection of health-improving areas and resorts;

4) valuable forests:

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.

3. Specially protected areas of forests include:

1) coast protection, soil protective areas forests located along water bodies, slopes of ravines;

2) forest edges bordering on treeless spaces;

3) forest seed plantations, permanent forest seed plots and other objects of forest seed production;

4) protected forest areas;

5) forest areas with the presence of relict and endemic plants;

6) habitats of rare and endangered wild animals;

7) other specially protected areas of forests.

4. Particularly protective forest areas may be identified in protective forests, operational forests and reserve forests.

5. In protective forests and in specially protected areas of forests, it is prohibited to carry out activities that are incompatible with their intended purpose and useful functions.

6. The assignment of forests to protective forests and the allocation of especially protective forest plots, and the establishment of their boundaries are carried out by the authorities state power, local self-government bodies within their powers, determined in accordance with Articles 81 - 84 of this Code.

Comments to Art. 102 LK RF

In accordance with Art. 10 of this Code, forests located on the lands of the forest fund, according to intended purpose are divided into protective forests, operational forests and reserve forests. Forests located on lands of other categories can be classified as protective forests. Such an approach, as a kind of alternative to the previously existing three groups of forests, makes it possible to compare the previously existing categories of forest protection of group I, established by Art. 56 of the RF LC of 1997, and the categories of protective forests established by this Code.

Table 1

┌─────────────────────────────────┬───────────────────────────────┐

│ Forest Code of the Russian Federation 2006 │ Forest Code of the Russian Federation 1997 │

│ forests (clause 2, article 102) │ the following categories │

│ │ protective (art. 56) │

│1. Forests located in protected areas │Natural monuments; forests│

│ │state natural │

│ │ nature reserves; national forests│

│ │parks; forests natural parks; │

│ │ reserved forest areas │

├─────────────────────────────────┼───────────────────────────────┤

│2. Forests located in │Forbidden forest zones by │

│water protection zones │banks of rivers, lakes, reservoirs│

│ │ and other water bodies; │

│ │forbidden strips of forests, │

│ │ protecting spawning grounds of valuable │

│ │commercial fish │

│3. Forests that perform functions │ │

│ protection of natural and other objects: │ │

│forests located in the first and │Forests of the first and second belts │

│the second zone of sanitary zones │sanitary protection zones │

│protection of sources of drinking water and │sources of water supply │

│household │ │

│water supply │ │

│protective belts of forests, │Protective belts of forests along │

│located along │railways, │

│general railways │roads │

│use, federal │federal, republican │

│roads of general │and regional significance │

│use, highways │ │

│ public, located in │ │

│property of subjects of the Russian Federation │ │

│green zones, forest parks │Forests of green zones of settlements │

│ │and economic objects │

│urban forests │ - │

│Forests located in the first, │Forests of the first, second and third │

│the second and third zones of districts │zones of sanitary districts (mining │

│sanitary (mountain-sanitary) │sanitary) protection of resorts │

│protection of health-improving │ │

│places and resorts │ │

│4. Valuable forests: │ │

│State protective forest │State protective forest│

│bands │bands │

│erosion control scaffolding │erosion control scaffolding │

│Forests located in the desert, │Forests in the desert, │

│ semi-desert, forest-steppe, │ semi-desert, steppe, │

│forest-tundra zones, steppes, │forest-steppe and sparsely forested mountainous │

│mountains │territories with important │

│ │ value for environmental protection │

│ │natural environment; tundra │

│ │forests │

│forests with scientific or │Forests with scientific or │

│historical value │historical value │

│walnut-commercial zones │Nut-commercial zones │

│forest fruit plantations │forest fruit plantations │

│ band burs │ band burs │

└─────────────────────────────────┴───────────────────────────────┘

As we can see, forests that perform the functions of protecting natural and other objects, and valuable forests are generalized into an integral category of the regime of protective forests included in it. In general, the changes relate to clarifying or changing the terminological basis and concepts of the new forest legislation. Completely new to the list are urban forests. This is understandable, because the previous legislation did not divide urban forests into groups of forests at all, because they had nothing to do with the lands of the forest fund, and the categories of protection were established only for forests of group I. Now forests can be located on other categories of land.

In accordance with Art. 8 federal law"On the Enactment of the Forest Code of the Russian Federation" forests of group I and forest protection categories of group I are recognized as protective forests and categories of protective forests, provided for in Art. 102 LK RF.

1. Protective forests include forests that are subject to development for the purposes provided for by paragraph 4 of Article 12 of this Code.

2. Taking into account the peculiarities of the legal regime of protective forests, the following categories of these forests are determined:
1) forests located in specially protected natural areas;
2) forests located in water protection zones;
3) forests that perform the functions of protecting natural and other objects:
a) forests located in the first and second zones of the sanitary protection zones of sources of drinking and domestic water supply;
b) protective belts of forests located along public railways, federal public roads, public roads owned by constituent entities of the Russian Federation;
c) green areas;
c_1) forest park zones;
d) urban forests;
e) forests located in the first, second and third zones of the districts of sanitary (mountain-sanitary) protection of health-improving areas and resorts;
4) valuable forests:
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 of scientific or historical importance;
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.

3. Specially protected areas of forests include:
1) coastal protection, soil protection areas of forests located along water bodies, slopes of ravines;
2) forest edges bordering on treeless spaces;
3) forest seed plantations, permanent forest seed plots and other objects of forest seed production;
4) protected forest areas;
5) forest areas with the presence of relict and endemic plants;
6) habitats of rare and endangered wild animals;
7) other specially protected areas of forests.

4. Particularly protective forest areas may be identified in protective forests, operational forests and reserve forests.

5. In protective forests and in specially protected areas of forests, it is prohibited to carry out activities that are incompatible with their intended purpose and useful functions.

6. The assignment of forests to protective forests and the allocation of especially protective forest plots and the establishment of their boundaries are carried out by state authorities, local governments within their powers, determined in accordance with Articles 81-84 of this Code.

Commentary on Article 102 of the Tax Code of the Russian Federation

1. Part 1 of the commented article contains general provisions, which determine the composition of protective forests. At the same time, the norm of part 1 of the commented article is by its nature a reference, since it determines that protective forests are all those forests that are developed for the purposes specified in part 4 of Art. 12 LK RF (see commentary to Art. 12 LK RF). Thus, nevertheless, the general provisions on the composition of protective forests are defined in Article 12 of the RF LC, and not in the commented article.

2. Part 2 of the commented article defines the composition of protective forests, namely, it divides them into categories. In fact, categories of protective forests are groups of protective forests depending on the functions they perform. The categories of protective forests are as follows:
1) forests located in specially protected natural areas. According to the preamble of the Federal Law "On Specially Protected Natural Territories", specially protected natural territories are areas of land, water surface and airspace above them, where natural complexes and objects are located that have a special environmental, scientific, cultural, aesthetic, recreational and health value, which are withdrawn by decisions of state authorities in whole or in part from economic use and for which a regime of special protection has been established;
2) forests located in water protection zones. Water protection zones according to Part 1 of Art. 65 of the Civil Code of the Russian Federation - these are territories that are adjacent to the coastline of seas, rivers, streams, canals, lakes, reservoirs and on which a special regime for the implementation of economic and other activities is established in order to prevent pollution, clogging, siltation of these water bodies and depletion of their waters, as well as the conservation of aquatic habitats biological resources and other animal objects and flora;
3) forests that perform the functions of protecting natural and other objects. Such forests include forests that have such properties and characteristics that allow them to ensure, in turn, the preservation of the properties and characteristics of other natural and other objects. Clause 3 of part 2 of the commented article refers to such forests as follows:
a) forests located in the first and second belts of the zones of sanitary protection of sources of drinking and household water supply. Under such zones, based on the water legislation, one should understand the territories where special conditions for use are established, and within which any economic activity, which can cause harm to water bodies;
b) protective belts of forests located along public railways, federal public roads, public roads owned by the constituent entities of the Russian Federation. In accordance with clause 22 of the Forest Inventory Instruction, such forests include forests located on the territory of protected zones railways and roadside lanes of motor roads established in accordance with the requirements of the legislation on railway transport about road transport. However, in this part, the commented article establishes the requirement that these protection strips should be located along public roads. We believe that the federal legislator made such a decision in order to ensure priority precisely to those forests that provide, in turn, the protection of natural and other objects from those negative factors that occur in connection with the operation of public roads. Clause 3 of part 2 of the commented article refers to such roads:
- public railway tracks - railway tracks in the territories railway stations, open to perform operations for the reception and departure of trains, the reception and delivery of goods, luggage, cargo luggage, for servicing passengers and performing sorting and shunting work, as well as railway tracks connecting such stations (Article 2 of the Charter of the Railway Transport of the Russian Federation);
- highways of general use owned by the Russian Federation and owned by constituent entities of the Russian Federation. Based on Part 3 of Art. 5 of the Federal Law "On highways and road activities in the Russian Federation and on amendments to certain legislative acts of the Russian Federation" such roads are roads intended for the movement of vehicles of an unlimited number of persons;
c) green areas. This concept, more precisely the legal definition this concept not included in federal law. Meanwhile, it seems that it can be understood as territories with special ecological characteristics that perform a protective function;
d) forest park zones. Forest park zones should be understood as areas occupied by forests and intended for recreation. In accordance with the Regulations on the definition of functional zones in forest park zones, the area and boundaries of forest park zones, green zones, approved by Decree of the Government of the Russian Federation of December 14, 2009 N 1007, forest park zones are established in order to organize recreation for the population, preserve sanitary, hygienic, health and aesthetic values of natural landscapes, and green areas are established in order to ensure the protection of the population from adverse natural and man-made impacts, conservation and rehabilitation environment;
e) urban forests. According to the Forest Inventory Instruction, urban forests include forests located on the lands of settlements;
f) forests located in the first, second and third zones of the districts of sanitary (mountain-sanitary) protection of health-improving areas and resorts. Again, in accordance with paragraph 25 of the Forest Inventory Instruction, forests located in the first, second and third zones of the districts of sanitary (mountain-sanitary) protection of health-improving areas and resorts include forests located within the boundaries of the zones of districts of sanitary (mountain-sanitary) protection of health-improving areas and resorts established in compliance with the requirements of the legislation on natural healing resources, health-improving areas and resorts;
4) valuable forests. TO valuable forests, we believe that such categories of forests should be attributed, which are of particular value in ecological, natural aspects, as well as in terms of importance for environmental protection. According to clause 4, part 2 of the commented article, such forests include
a) state protective forest belts; Based on clause 26 of the Forest Inventory Instruction, these are forest plantations of a linear type artificially created in the forest-steppe, steppe and semi-desert regions, performing climate-regulating, soil-protective, anti-erosion and water protection functions and of national importance
b) anti-erosion forests. Based on clause 27 of the Forest Inventory Instruction, anti-erosion forests include forests intended to protect territories from water and wind erosion;
c) forests located in desert, semi-desert, forest-steppe, forest-tundra zones, steppes, mountains. This category of forests, on the basis of clause 28 of the Forest Inventory Instruction, includes:
- isolated areas of forests in the forest-steppe, steppe, desert and semi-desert zones (splits), as well as natural or artificially created forest areas in such zones, confined to the hydrographic network (gully forests), performing protective functions;
- forests adjacent to the tundra zone, performing in harsh climatic conditions Far North protective and climate control functions;
- alpine forests growing in the subalpine altitudinal zone on the border with the upper treeless part of mountain peaks and ridges (sparsely forested mountain areas), which have a protective and anti-erosion value, the size and boundaries of which are determined taking into account local geological, hydrogeological, soil and other natural conditions;
d) forests of scientific or historical importance. This category of forests consists of:
- forests located within the boundaries of the territories of objects cultural heritage(monuments of history and culture);
- forests, which are examples of the achievements of forestry science and practice, objects of research for the long term;
- forests with unique genetic qualities (genetic reserves);
- forests with unique productivity;
e) walnut commercial zones - cedar forests having importance as a raw material base for the harvesting of nuts, as well as the organization of hunting fur animal(clause 30 of the Forest Inventory Instruction);
f) forest fruit plantations - natural or artificially created forests, in which valuable fruit and berry and nut-fruit species of trees and shrubs grow (clause 31 of the Forest Inventory Instruction);
g) ribbon forests - forests of a ribbon-island type, historically formed in harsh soil and climatic conditions among treeless steppe, semi-desert and desert spaces, which have an important climate-regulating, soil-protective and water-protective value (clause 32 of the Forest Inventory Instruction);
h) forbidden strips of forests located along water bodies - forests located along the banks of rivers, lakes, reservoirs and other water bodies, adjacent directly to the riverbed or the bank of another water body, and in case of a treeless floodplain - to the floodplain of the river (paragraph 33 of the Forest Inventory Instruction);
i) spawning belts of forests - forests located along the banks of rivers, lakes and other water bodies that are spawning places for valuable commercial fish, adjacent directly to the riverbed or the bank of another water body, and in case of a treeless floodplain - to the floodplain of the river (clause 34 of the Forest Inventory instructions).

3. Part 3 of the commented article determines the composition of especially protective forest areas. According to clause 36 of the Forest Inventory Instruction, especially protective forest areas are designed in order to preserve the protective and other ecological functions of forests located in such areas, with the establishment of an appropriate forest management and forest use regime in them. Particularly protective areas of forests can be identified in protective, operational and reserve forests. The composition of specially protected forest areas is as follows:
- coastal protection, soil protection areas of forests located along water bodies, slopes of ravines;
- edges of forests bordering on treeless spaces;
- forest seed plantations, permanent forest seed plots and other objects of forest seed production;
- protected forest areas;
- forest areas with relict and endemic plants;
- habitats of rare and endangered wild animals;
- other specially protected areas of forests.

As for the signs, on the basis of which forests are classified as forest types of the category of especially protective forest plots, they are defined in Appendix No. 4 "Standards and signs for the allocation of especially protective forest plots" to the Forest Inventory Instruction.

4. The provision of part 4 of the commented article concerns only protective forest plots and provides for the possibility of allocating such plots not only in protective forests, but also in production forests and reserve forests. We consider this provision of part 4 of the commented article justified, both from a legal and practical point of view, since those types of forests that are classified as especially protective forest areas can grow both in operational forests and in reserve forests.

5. Part 5 of the commented article contains a provision aimed at ensuring the protection of protective forests and especially protective forest areas. This provision consists in a ban on the implementation of activities that are incompatible with their intended purpose and useful functions. In other words, this is an activity that can harm these types of forests, as a result of which they can lose their useful functions and properties (see example from judicial practice- decision of the Federal Arbitration Court of the West Siberian District of February 4, 2011 in case N A70-5653 / 2010).

6. Part 6 of the commented article defines the subjects that carry out the assignment of forests to protective forests and the allocation of especially protective forest areas, and the establishment of their boundaries. These entities are:
- government departments;
- local self-government bodies.

Boundary setting is the activity of defining lines marked on land plot, on which the indicated types of forests are located, within which forests of these types are located.

Consultations and comments of lawyers on Article 102 of the Tax Code of the Russian Federation

If you still have questions on Article 102 of the Tax Code of the Russian Federation and you want to be sure that the information provided is up-to-date, you can consult the lawyers of our website.

You can ask a question by phone or on the website. Initial consultations are free of charge from 9:00 to 21:00 Moscow time daily. Questions received between 21:00 and 09:00 will be processed the next day.

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 was divided into 20 categories of protection.

The forests of the second group included forests of regions with a high population density and a developed network of land transport routes, forests with insufficient forest resources requiring restrictions on 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 RF LC introduced a new classification of 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, which are interconnected with forests, land, water, objects of flora and fauna 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 certain types 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 nature reserves in the Russian Federation" (as 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 Russian Federation "* (171) and others.

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, such as anti-erosion, field protection, but can also be of scientific, historical value or have 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.

IN modern world forests are not just part of the world's flora, but also a source natural resources and large areas of land. In order to establish and streamline the implementation of forestry activities, all lands were divided and classified according to several criteria, including forests of the first category and others.

All categories of forests by purpose

By their nature, forests are divided into natural and artificial. The first type is virgin, spontaneous and natural economic lands. Artificial forests are widespread in Central Europe and are also intended for the household industry.

One of the most important classifications of forest areas is according to their purpose: protective forests - the first group, operational and reserve forests - the second and third groups, respectively.

The function of the first group is to protect certain objects from negative natural and anthropogenic (human) influences. Any type of forest can perform a protective function, but the lands of the first group are looked after with a special approach: trees are cut down in such a way as to ensure their growth and the preservation of the environment as a whole. Cutting is carried out for purely sanitary reasons. The main functions of protective forests are as follows: water protection - protection of reservoirs from filling with silt and destruction of the banks; protective; sanitary-hygienic and health-improving. In turn, the lands of the first category are divided into field-protective and anti-erosion.

In the first group, protection categories are also classified. These include all kinds of forest belts planted along the perimeter of reservoirs, lakes, rivers and other water bodies, as well as protecting the spawning grounds of fish species important for industry. This also includes anti-erosion types, woodland in mountainous regions, lanes along large highways and motorways, resort forests.

The second group performs a limited operational function. This is a forested area, common in densely populated built-up areas. Such forests perform all the same functions as protective ones, but in relation to settlements. They are also used for cutting wood.

The third group represents the lands of the regions in which nature occupies more space than a person, and is divided into developed and reserve areas. This is where the main resources are mined.

Depending on which category or group the forest belongs to, procedures for the care of the territory and its processing are assigned. The policy of managing the economy and the use of natural resources are also determined.