Principles of Forest Legislation

Supreme Soviet, Principles of Forest Legislation of the USSR and the Union Republics. June 19, 1977

 

Original Source: Izvestiia, 19 June 1977, pp. 2-3.

As a result of the victory of the Great October Socialist Revolution, the forests, like the other natural resources of our country, were nationalized and became the people’s property. The All-Russian Central Executive Committee’s May 27(14), 1918, Decree on Forests defined the basic principles of the socialist organization of forestry with a view to the utilization of the forests in the interests of all the people.

State ownership of forests in the USSR is the basis of forest relations, i. e. , of social relations in the field of the utilization, reproduction and conservation of forests, and is the main prerequisite for rational forest management.

Forests in the USSR play an important role in developing the economy, improving the environment and increasing the people’s well-being. They are the source of the satisfaction of the country’s requirements for wood and other forest products, they have a favorable effect on the climate, the atmosphere and the hydrological regime of rivers and other bodies of water, they protect the soil against wind and water erosion, and they have other useful natural properties. Forests are being used more and more for health-improvement purposes and for satisfying the population’s cultural and aesthetic needs.

The multifaceted importance of forests and the length of time it takes for them to grow makes the rational utilization, conservation and multiplication of forest resources a nationwide task.

Soviet forest legislation is called upon actively to promote the scientifically substantiated and comprehensive utilization of forests and their planned reproduction and effective protection in the interests of the present and future generations, and to foster in Soviet people a spirit of high responsibility for a zealous, proprietary relationship toward forests as an important component of our homeland’s natural resources.

I. General Provisions.

Art. 1. The Goals of Soviet Forest Legislation. -The goals of Soviet forest legislation are to regulate forest relations with a view to ensuring the rational utilization of forests and their conservation, protection, reproduction and increased productivity to satisfy the requirements of the national economy and the population for wood and other forest products, to enhance the water-conservation, protective, climate-regulation, sanitary-hygienic, health-improvement and other useful natural properties of forests, as well as to protect the rights of enterprises, organizations, institutions and citizens and to strengthen legality in the field of forest relations.

Art. 2. Forest Legislation of the USSR and the Union Republics. &endash;Forest relations in the USSR are regulated by these Principles, by other USSR acts of forest legislation and by the Union republics’ forest codes and other acts of forest legislation issued in accordance with them.

Land, water and mining relations are regulated by appropriate USSR and Union-republic legislation.

Art. 3. State Ownership of Forests in the USSR. -In accordance with the USSR Constitution, forests in the Union of Soviet Socialist Republics are state property, i.e., are the property of all the people.

Forests in the USSR are the exclusive property of the state and are assigned only for use. Actions that overtly or covertly violate the right of state ownership of. the forests are prohibited.

Art. 4. The Single State Forest Fund. Lands of the State Forest Fund. -All the forests in the USSR form a single state forest fund.

The single state forest fund consists of:

(1) state forests, i.e., forests that are under the jurisdiction of state forestry agencies, urban forests, assigned forests and the forests of nature reserves;

(2) collective farm forests, i.e., forests located on lands made available to collective farms to be used by them for an indefinite period.

In accordance with the Principles of Land Legislation of the USSR and the Union Republics, forested lands and unforested lands that have been designated for forestry needs are deemed lands of the state forest fund. The boundaries that divide lands of the state forest fund from lands of other categories are determined according to established procedure.

Art. 5. Trees and Shrubs Not Included in the State Forest Fund. -The state forest fund does not include:

  • trees and groups of trees, as well as woody and shrubby vegetation, on agricultural lands;
  • protective plantings on strips of land set aside for railroads, highways and canals;
  • trees and groups of trees, as well as landscape plantings in cities and other population centers, growing on lands not occupied by state forests;
  • trees and groups of trees on household, dacha and orchard plots.

The creation of the indicated plantings and their maintenance and utilization is carried out according to procedures defined by USSR and Union-republic legislation.

Art. 6. The Jurisdiction of the USSR in the Field of the Regulation of Forest Relations. -The jurisdiction of the USSR in the field of the regulation of forest relations encompasses the following:

(1) the administration of the single state forest fund within the limits necessary for the exercise of the USSR’s authority in accordance with the USSR Constitution;

(2) the establishment of basic regulations in the field of the use and reproduction of forests, increasing their productivity, and forest conservation and protection;

(3) the establishment of the size of the USSR’s timbercutting fund and of procedures for distributing it and for allocating standing timber;

(4) the establishment of basic guidelines and long-range plans for the development of the country’s forestry and for the utilization of forest resources and the forests’ useful natural properties;

(5) the planning of all-Union measures in the field of the rational utilization and reproduction of forests, increasing their productivity, and forest conservation and protection;

(6) the establishment of procedures for assigning forests to appropriate groups and for transferring them from one group to another;

(7) the establishment in the USSR of uniform systems of forestry organization and the registration of forests and of a procedure for conducting the state forest cadastral survey;

(8) state control over the condition, use, reproduction, conservation and protection of forests and the establishment of procedures for exercising this control.

Art. 7. The Union Republics’ Jurisdiction in the Field of the Regulation of Forest Relations. -The Union republics, jurisdiction in the field of the regulation of forest relations, outside the limits of USSR jurisdiction, encompasses: the administration of the single state forest fund within a republic’s territory; the establishment of procedures for the utilization and reproduction of forests, increasing their productivity and forest conservation and protection; the establishment of long-range plans for the development of forestry and for the utilization of forest resources and the useful natural properties of forests; the planning of republic measures in the field of the rational utilization and reproduction of forests, increasing their productivity, and forest conservation and protection; the exercise of state control over the condition, utilization, reproduction, conservation and protection of forests, and the regulation of forest relations with respect to other questions, if they have not been assigned to -USSR jurisdiction.

Art. 8. State Administration in the Field of the Utilization Reproduction, Conservation and Protection of Forests. -State administration in the field of the utilization, reproduction, conservation and protection of forests is carried out by the USSR Council of Ministers, the Union-republic Councils of Ministers, the autonomous-republic Councils of Ministers and the local Soviet executive committees, as well as by state forestry agencies and other state agencies, in accordance with USSR and Union-republic legislation.

Art. 9. State Control Over the Condition, Utilization, Reproduction, Conservation and Protection of Forests. -State control over the condition, utilization, reproduction, conservation and protection of forests has the goal of ensuring that all ministries and departments, state, cooperative and public enterprises, organizations and institutions and citizens observe the established procedures for forest use and the rules governing forest management, the reproduction of forests and their registration and conservation, as well as other rules and norms stipulated in forest legislation.

State control over the condition, utilization, reproduction, conservation and protection of all forests is exercised by the Soviets and their executive and administrative agencies, as well as by state forestry agencies and other specially authorized state agencies, in accordance with procedures established by USSR legislation.

Art. 10. The Participation of Public Organizations and Citizens in Implementing Measures for the Rational Utilization, Reproduction, Conservation and Protection of Forests. Trade unions, young people’s organizations, conservation societies, scientific societies and other public organizations, as well as citizens, assist state agencies and collective farms in implementing measures for the rational utilization, reproduction, conservation and protection of forests.

Public organizations take part in activities aimed at ensuring the rational utilization, reproduction, conservation and protection of forests, in accordance with their charters (statutes) and USSR and Union-republic legislation.

In implementing measures for the rational utilization, reproduction, conservation and protection of forests, state agencies are required to give thorough consideration to proposals by public organizations and citizens.

Art. 11. Basic Requirements for Forest Management. -Taking into account the national-economic significance of forests and natural resources, state agencies, enterprises, organizations and institutions carrying out the planning, organization and management of forestry and the utilization of forest resources are required to ensure:

  • the enhancement of the water-conservation, protective, climate-regulation, health-improvement and other useful natural properties of forests in the interests of protecting people’s health, improving the environment and developing the national economy;
  • the continuous, nondepletive and rational use of forests for the planned satisfaction of the requirements of the national economy and the population for wood and other forest products;
  • the expanded reproduction of forests, the improvement of their species composition and quality, and an increase in their productivity;
  • the preservation of forests and their protection against fires, pests and diseases;
  • the rational utilization of lands of the state forest fund and other forested lands;
  • an increase in the efficiency of forestry production on the basis of a uniform technical policy and scientific and technical achievements.

Forest maintenance, as well as the protection of forests against pests and diseases, should be carried out by ways and means that are not harmful to man and the environment.

Forest management measures are stipulated in state plans for the development of the national economy with an eye to the long-term future and are implemented by the appropriate ministries, departments and forestry enterprises.

Art. 12. The Rights and Duties of State Forestry Agencies in the Field of Land Use and Conservation. -State forestry agencies and the forestry enterprises under their jurisdiction organize the utilization for specific purposes and ensure the conservation of lands in the usufruct of these enterprises, define the areas within which various types of forest use are to take place and measures for the reproduction and maintenance of forests are to be carried out, make available -in accordance with the second part of Art. 22 of these Principles parcels of land for forest use and related needs, allocate plots for the establishment of forest nurseries, tree stands, etc., and may also have other rights and duties in the field of the utilization and conservation of the indicated lands in accordance with USSR and Union-republic legislation.

The rights and duties stipulated in the first part of this article also extend to other enterprises, organizations and institutions engaged in forestry and to the agencies to which they are subordinate.

USSR and Union-republic state forestry agencies exercise control over the utilization of lands of the state forest fund in accordance with their designated purpose and over the conservation of these lands in accordance with procedures established by USSR legislation.

Art. 13. Forest Management in State Forests Forest management in state forests is assigned to:

  • the state forestry agencies’ forestry enterprises (except for urban forests, assigned forests and the forests of nature reserves);
  • in urban forests -to the city and borough Soviet executive committees’ forestry and other enterprises, organizations and institutions. Forest management in urban forests may be carried out in conjunction with the state forestry agencies’ forestry enterprises;
  • in assigned forests -to the forestry and other enterprises, organizations and institutions of the ministries and departments to which these forests have been assigned;
  • in the forests of nature reserves -to the reserves.

The enterprises, organizations and institutions that engage in forest management in state forests are charged with the reproduction, conservation and protection of forests, improving the sanitary condition of forests, their maintenance, increasing the productivity of forests and the fertility of forest soils, organizing forest use, the registration of forests and other forest-management duties established by USSR and Union-republic legislation.

The rules, instructions and directives of the USSR and Union-republic state forestry agencies are, within the limits of the rights established by USSR and Union-republic legislation, binding on ministries, departments, enterprises, organizations and institutions charged with forest management, on forest users, and also on enterprises, organizations, institutions and citizens that carry out, in forests and on unforested lands of the state forest fund, operations not connected with forest management and forest use.

Enterprises, organizations and institutions engaging in forest management in state forests may, in accordance with established procedures, exercise forest use as stipulated in Art. 21 of these Principles.

Art. 14. Forest Management in Collective Farm Forests. Forests located on lands made available to collective farms for their indefinite use and registered, in accordance with established procedure, in land-registration documents are deemed to be collective farm forests.

Collective farm forests are in the indefinite usufruct of collective farms.

Forest management in collective farm forests is conducted by collective farms in accordance with the Statute on Collective Farm Forests confirmed by the USSR Council of Ministers. Collective farms may engage in forest management in conjunction with other collective farms, state farms and other enterprises, organizations and institutions in accordance with procedures defined by USSR and Union-republic legislation.

Guidance of the organization and conduct of forest management in collective farm forests is exercised by state agricultural agencies.

State forestry agencies provide assistance to collective farms in planning and organizing forest management and, when necessary, organize the performance of forestry, silviculture and forest-protection work by enterprises under their jurisdiction in accordance with contracts with collective farms (or with organizations engaging in forestry in collective farm forests).

Art. 15. The Division of Forests Into Groups. – The division of forests into groups is established in accordance with the forests’ national-economic significance, location and functions. State forests are divided into first, second and third groups, and collective farm forests are divided into first and second groups.

The first group includes forests that perform primarily the following functions:

  • water-conservation (restricted strips of forest along the shores of rivers, lakes, reservoirs and other bodies of water, including restricted forest strips protecting the spawning grounds of valuable commercial fish);
  • protective (antierosion forests, including forest tracts on steep mountain slopes, state protective forest strips, riverine strips of scrub conifers, steppe groves, trees planted along the tops and slopes of gullies, protective forest strips along railroads and state, republic and province highways, and especially valuable forest tracts);
  • sanitary-hygienic and health-improvement (urban forests, forests in green zones around cities, other population centers and industrial enterprises, and forests in the sanitary-protection zones of water-supply sources and the sanitary-protection districts of health resorts).

The first group also includes the forests of nature reserves, national parks and nature parks, restricted forest areas, forests of scientific or historical importance, natural monuments, suburban parklands, forests in zones where nuts are harvested commercially, fruit-tree stands, forests adjoining tundra regions and subalpine forests.

The second group includes forests in regions with high population density and a developed transportation network, forests intended for protective purposes and limited exploitation, and forests with inadequate raw timber resources that require a stricter forest-use regime in order to maintain their protective functions and continuous and nondepletive use.

The second group also includes all collective farm forests not included in the first group.

The third group includes forests in heavily forested regions that are used primarily for exploitation and are set aside for the continuous satisfaction of the requirements of the national economy and the population for wood, without detriment to these forests’ protective properties.

Forests in the third group are subdivided into developed and reserve forests.

Forests that have not been drawn into exploitation because of their remoteness from transportation routes and for other reasons are considered reserve forests.

At the same time that forests are assigned to appropriate groups, the boundaries of the lands occupied by forests in each group are determined. Procedures for the conduct of economic activity within forests and for utilizing forests and related lands, as well as procedures for withdrawing these lands for state or public needs, are established in accordance with the groups to which the forests belong.

Special protective sectors with a restricted forest-use regime may be set aside in forests of the first and second groups and in mountain forests of all groups.

The assignment of forests to groups, their transfer from one group to another, the determination of the width of restricted and protective strips, the designation of forest areas located on steep mountain slopes as protective forests, and the designation of special protective forest sectors is done on the basis of the forests’ national-economic significance, their location, the functions they perform and of economic substantiation, according to a procedure established by USSR legislation. The transfer of forests from one group to another in connection with the construction of major national-economic facilities is to be done before the construction of such facilities begins.

Art. 16. The Redesignation of Forest Areas as Nonforest Areas. -In the composition of lands of the state forest fund, the following distinctions are made:

  • forest areas (forested, as well as unforested -cutting areas that have not been reforested, burned-over spots, clearings, glades, wasteland, etc.); and
  • nonforest areas (agricultural land, roads, cleared strips, etc.).

The redesignation of forest areas as nonforest areas to be used for purposes unrelated to forest management and forest use is done:

  • in forests of the first group -in exceptional cases, by a resolution of a Union-republic Council of Ministers;
  • in forests of the second and third groups – according to procedures established by USSR and Union-republic legislation.

When forested parcels of land are withdrawn for state or public needs, the state agencies that make the decisions on withdrawal simultaneously decide the questions of whether the forests should be preserved or cut down and, when the decision is to cut, of the procedures for utilizing the wood obtained thereby.

Art. 17. The Utilization of Land for the Erection of Production Facilities Related to Forest Management – Enterprises, organizations and institutions engaged in forest management in state forests may, in accordance with established procedure, erect, within the forests and on unforested lands of the state forest fund, production facilities related to forest management; when necessary in such cases, forest areas are to be redesignated as nonforest areas (with authorization from the agencies to which these enterprises, organizations and institutions are subordinate) with authorization from district or city Soviet executive committees, collective farms that have forests in their usufruct may erect, on lands of the state forest fund made available to them for indefinite use, production facilities related to forest management.

Art. 18. The Siting, Designing, Construction and Putting into Operation of Enterprises, Structures and Other Facilities That Affect the Condition and Reproduction of Forests. -When new and reconstructed enterprises, structures and other facilities that affect the condition and reproduction of forests are sited, designed, constructed and put into operation, and also when new technological processes having the same effect are introduced, measures ensuring the protection of the forests against the negative influence of effluents, chemical substances and industrial, municipal and domestic emissions, wastes and refuse must be provided for and implemented.

The determination of the construction sites of enterprises, structures and other facilities that affect the condition and reproduction of forests is coordinated with local Soviet executive committees, state forestry agencies and other agencies in accordance with USSR and Union-republic legislation. Designs for the construction of the indicated enterprises, structures and other facilities are subject to coordination with state forestry agencies and other agencies, in instances and according to procedures established by USSR legislation.

The putting into operation of new and reconstructed enterprises, shops, aggregates, transportation routes and municipal and other facilities that are not equipped with devices to prevent harmful effects on the condition and reproduction of forests is prohibited.

Art. 19. Procedures for Carrying Out in Forests Work That Is Unrelated to Forest Management and Forest Use. -In forests, as well as in unforested lands of the state forest fund, construction work, work with explosives, the extraction of useful minerals, the laying of cables, pipelines and other utility lines and drilling and other work that is unrelated to forest management and forest use is done in coordination with the local Soviet executive committees, state forestry agencies and other agencies, in accordance with USSR and Union-republic legislation.

The indicated work should be done by methods that cause no deterioration in the fire-prevention and sanitary condition of forests or in the conditions for their reproduction.

II. Forest Use

Art. 20. Forest Users. – Forest users may be state, cooperative and public enterprises, organizations and institutions, as well as citizens of the USSR.

In cases stipulated by USSR legislation, other organizations and individuals may also be land users.

Art. 2 1. -Types and Time Periods of Forest Use. – Provided that the requirements and conditions stipulated by legislation are observed, the following types of forest use may be carried out in forests and on unforested lands of the state forest fund:

(1) the procurement of timber;

(2) the procurement of turpentine oleoresins;

(3) the procurement of secondary forest materials (stumps, bast, bark, etc.);

(4) ancillary forest use – haymowing, livestock grazing, the placement of beehives and apiaries, the procurement of tree sap, and the procurement and gathering of wild fruits, nuts, mushrooms, berries, medicinal plants and industrial raw materials. Haymowing and livestock grazing on agricultural land included in the state forest fund is carried out in accordance with the requirements of USSR and Union-republic land legislation and with consideration for the interests of forestry. Union-republic legislation may also provide for other forms of ancillary land use;

(5) forest use for purposes of scientific research;

(6) forest use for cultural and health-improvement purposes;

(7) forest use for the needs of commercial hunting and trapping.

Time periods for forest use are established:

  • for the procurement of timber and turpentine oleoresins -by USSR legislation;
  • for other forest uses -by USSR and Union-republic legislation.

Art. 22. Procedures for Granting the Right to Forest Use. -In accordance with established procedure, enterprises, organizations and institutions engaged in forest management make available to forest users undeveloped parcels for the procurement of timber, turpentine oleoresins and secondary forest materials and for haymowing, livestock grazing and other forest uses.

Forest use (with the exceptions stipulated in Art. 35 of these Principles) is permitted only in accordance with a special authorization – a timber-cutting permit (certificate) or a forest permit, the forms of which are approved according to procedures established by the USSR Council of Ministers. The timber-cutting permit (certificate) or forest permit authorizes the use of sectors of land needed for forest use. Forest users are entitled to utilize such areas only for the forest uses for which they have been issued a timber-cutting permit (certificate) or forest permit.

Timber-cutting permits (certificates) and forest permits are issued by enterprises, organizations and institutions engaged in forest management.

When enterprises, organizations and institutions conducting forest management engage in forest use, they are required to officially establish their right to forest use on the same basis as everyone else.

The procedure for issuing authorizations for the siting of tourist camps, outdoor recreation centers and other such facilities entailing the erection of nonpermanent structures is regulated by Union-republic legislation.

The procedure for granting the right to forest use for purposes of scientific research and for the needs of commercial hunting and fishing is established by USSR and Union-republic legislation.

Art. 23. Procedures for the Procurement of Timber. -The procurement of timber in forests is carried out according to the procedures for primary-use cutting (including forest-restoration cutting) in mature stands.

Timber is also procured through conducting intermediate use cutting (forest-maintenance cutting, sanitary cutting and cutting related to the reconstruction of low-value forest stands) and other types of cutting (the clearing of forest areas in connection with the construction of hydraulic-engineering complexes, pipelines and roads, as well as the creation of cleared strips, firebreaks, etc.). The procurement of timber through intermediate-use cutting and other types of cutting is conducted in forests of all groups.

Primary-use cutting in forests of the third group is carried out by methods that are aimed at the efficient exploitation of forests and that facilitate the restoration of economically valuable species of trees.

In forests of the second group, primary-use cutting is carried out by methods that are aimed at the restoration of forests consisting of economically valuable species of trees and the preservation of the forests’ protective and water-conservation properties and, in addition, permit the efficient exploitation of the forests.

In accordance with a procedure defined by the USSR Council of Ministers, in forests of the first group forest- restoration cutting is carried out by methods aimed at improving the forest environment, the condition of timber stands and the water-conservation, protective and other properties of forests and at the timely and rational utilization of mature timber.

In the forests of nature reserves, national parks and nature parks, restricted forest sectors, forests of scientific or historical importance, natural monuments, forest parks, forests in zones where nuts are gathered commercially, fruit-tree stands, municipal forests, the forest-park sections of green zones, forests in the sanitary-protection zones of water-supply sources and the sanitary-protection districts around health resorts, state forest belts, antierosion forests and especially valuable forest tracts, only forest-maintenance cutting and sanitary cutting are permitted.

In the restricted forest belts that protect the spawning grounds of commercially valuable fish, forest-maintenance cutting and sanitary cutting are carried out, and, in accordance with a procedure determined by the USSR Council of Ministers, selective forest- restoration cutting is permitted.

In mountain forests, cutting methods are used that take into account these forests’ special protective, antierosion and water- regulation significance.

In special protective forest sectors, clear-cutting and, if necessary, other methods of primary-use cutting maybe completely or partially prohibited.

The procedures for timber procurement are established by the Regulations for the Allocation of Standing Timber in USSR Forests, which are confirmed by the USSR Council of Ministers.

The regulations for cutting timber are confirmed in accordance with a procedure established by the USSR Council of Ministers.

Art. 24. Determination of the Amounts of Timber to Be Procured. -The planning and implementation of timber procurement through primary-use cutting is based on the necessity of satisfying the national economy’s requirements for timber within the limits of the calculated amounts of timber to be cut annually.

Primary-use cutting in amounts exceeding the calculated amount of timber to be cut annually may be permitted when necessary in forests of the third and second groups, in accordance with a procedure determined by the USSR Council of Ministers.

The amount of timber to be procured through intermediate use cutting is determined on the basis of the need to improve the species composition and quality of forests, and the amount of timber to be procured through other types of cutting is determined according to the volume of work required to clear forest areas, create clear strips, etc.

Art. 25. The Timber-Cutting Fund. -The timber-cutting fund consists of the reserves of mature stands designated for procurement as timber.

The amount of the timber-cutting fund that is allocated each year is determined, separately for each group of forests, in the state plans for the development of the national economy.

The transfer of the timber-cutting fund in undeveloped areas (the allocation of areas to be cut) to forest users (timber cutters) is done by enterprises, organizations and institutions engaged in forest management.

The procedure for transferring the timber-cutting fund to forest users is established by the Regulations on the Allocation of Standing Timber in USSR Forests.

Art. 26. The Assignment of Reserves of Standing Timber to Timber – Procurement Enterprises. – In order to ensure the planned and sustained industrial exploitation of forests, in forests of the third and second groups reserves of standing timber in specific areas (raw-timber bases) and a timber-cutting fund for long-term use are assigned to timber-procurement enterprises for economically substantiated periods of time.

In cases determined by the USSR Council of Ministers, reserves of standing timber in the form of a timber-cutting fund for long-term use are assigned to timber-procurement enterprises in forests of the first group as well (with the exception of the forests of nature reserves, national parks and nature parks, restricted forest sections, forests of scientific or historical importance, natural monuments, forest parks, forests in zones where nuts are gathered commercially, fruit-tree stands, urban forests, the forest-park sections of green zones, forests in the sanitary-protection zones of water-supply sources and the sanitary-protection districts around health resorts, state forest belts, antierosion forests, especially valuable forest tracts, and restricted zones of forests protecting the spawning grounds of commercially valuable fish).

Raw-timber bases and the timber-cutting fund for long-term use are assigned first of all to timber-procurement enterprises of the timber industry.

The procedures for assigning and exploiting reserves of standing timber are established in accordance with the forest groups.

When reserves of standing timber are assigned to timber-procurement enterprises, provision is to be made for satisfying local requirements for wood.

In the raw-timber bases and the timber-cutting funds for long-term use fund assigned to them, timber-procurement enterprises carry out the procurement of timber in accordance with Arts. 22, 23, 24 and 25 of these Principles.

The assignment, reassignment and withdrawal of raw-timber bases and timber-cutting funds for long-term use is carried out according to procedures established by the USSR Council of Ministers.

Art. 27. The Allocation of Standing Timber. -Standing timber in forests is allocated on payment of a fee based on fixed rates. The allocation of standing timber in collective farm forests for the needs of the collective farms’ communal sector is carried out free of charge.

Enterprises, organizations and institutions engaged in forest management are not required to pay for timber obtained during the implementation of forest maintenance and other forest-management measures.

The procedures for paying for allocated standing timber, for the establishment of fixed rates, and for the partial or complete exemption in certain instances of state, cooperative and public enterprises, organizations and institutions and citizens from payment for standing timber are determined by USSR legislation.

Art. 28. Procedure for the Procurement of Turpentine Oleoresins. – The procurement of turpentine oleoresins in forests may be carried out only by state and cooperative enterprises, organizations and institutions. The procedure for paying for the procurement of turpentine oleoresins is established by USSR legislation.

Primary-use cutting is prohibited before the completion of tapping periods in coniferous stands that have been designated, according to established procedure, for the procurement of turpentine oleoresins. The cutting of the indicated stands before they have been tapped, as well as the preschedule withdrawal of the stands from tapping, may be permitted, by way of exception, according to a procedure determined by the USSR Council of Ministers.

Art. 29. Procedure for the Procurement of Secondary Forest Materials. – The procurement of secondary forest materials for industrial processing, the development of forest industries and the satisfaction of the population’s needs must be accomplished without damage to the forest.

The procedures for the procurement of secondary forest materials and for the confirmation of fixed rates for these materials or exemption from paying them are determined by USSR and Union-republic legislation.

Art. 30. Procedure for Carrying Out Ancillary Forest Use. – Ancillary forest use is carried out free of charge, with the exception of the commercial procurement of tree sap, wild fruits, nuts, mushrooms, berries and industrial raw materials. Fixed rates for the indicated products are established by Union-republic legislation.

Enterprises, organizations and institutions engaged in forest management carry out all types of ancillary forest use free of charge.

All ancillary forest uses are to be carried out without damage to the forests.

Haymowing and livestock pasturing in forests and on unforested lands of the state forest fund are prohibited in sectors where this may harm the forest.

In state forests, hayfields and pastures not used for the needs of forestry and the timber -procurement industry are put at the disposal of collective farms and state farms, other enterprises, organizations and institutions and citizens for their temporary use, if such use is compatible with the interests of forestry. The assignment of hayfields and pastures is carried out in compliance with the requirements of land legislation.

The procedure and conditions for the implementation of ancillary forest use are established by USSR and Union-republic legislation.

Art. 31. Procedure for the Use of Forests for Purposes of Scientific Research. – Special sectors may be allocated to appropriate enterprises, organizations and institutions for conducting scientific research projects in forests. The use of the allocated forest sectors by other enterprises, organizations and institutions, as well as by citizens, may be restricted or entirely prohibited if it is incompatible with the objectives of the research projects in question.

The procedure for the use of forests for research purposes is established by USSR and Union-republic legislation.

Art. 32. Procedure for the Use of Forests, for Cultural and Health-Improvement Purposes. -With a view to the organization of public recreation, local Soviet executive committees, the forestry enterprises of state forestry agencies, and – with the agreement of these bodies – other enterprises, organizations and institutions in green-zone forests and other forests used for public recreation carry out measures for the upkeep of forest sectors and the provision of cultural and consumer services to the population, taking into account the need for preservation of the forest environment and natural landscapes and complying with the architectural layouts of suburban zones and sanitary requirements.

The procedure for the use of forests for cultural and health improvement purposes is established by USSR and Union-republic legislation.

Art. 33. Procedure for the Use of Forests for the Needs of Commercial Hunting and Trapping. – Forest use and forest-management measures in forests are to be carried out with consideration for the need to preserve favorable living conditions for wild animals.

The animal population in the forests is regulated within the bounds of permissible density for forest land, so that the animals do not harm forestry and agricultural operations.

The procedure for the use of forests for the needs of commercial hunting and trapping is established by USSR and Union-republic legislation.

Art. 34. The Rights and Duties of Forest Users. – Forest users have the right and duty to use the forests only in the ways for which they have received authorization.

Forest users engaged in timber procurement have the right to obtain, within established periods of time, timber-cutting funds in the amounts necessary for the fulfillment of the assignments of state plans for the development of the national economy.

Depending on the type of forest use, forest users have the right, according to established procedure, to build roads, to equip sites for the storage of forest products, to erect buildings for production and office use, to install equipment and devices for dressing and processing timber, to set up parking lots, etc.

In instances stipulated by USSR and Union-republic legislation, the rights of forest users may be restricted in the interests of the state, as well as in the interests of other forest users.

The use of forests to derive unearned income is prohibited.

Violated rights of forest users are subject to restoration, and losses they have suffered are subject to reimbursement according to the procedure established by these Principles and by other USSR and Union-republic legislation.

Depending on the type of forest use, forest users are required:

  • to make the fullest and most rational use of timber-cutting areas, timber stands set aside for tapping, forest hayfields and other forest land turned over to them;
  • not to leave undercut areas (timber-cutting areas only partially cut) or felled timber at cutting sites or in forests after the expiration of procurement and removal deadlines established by the Regulations for the Allocation of Standing Timber in USSR Forests;
  • to conduct work by methods that prevent soil erosion from starting and that rule out or restrict the negative effect of forest use on the condition and reproduction of the forests, as well as on the condition of bodies of water and other natural objects;
  • to observe fire safety, to carry out fire-prevention measures in work areas, and, if forest fires break out, to extinguish them;
  • not to allow the loss of timber, the use of commercial timber as firewood, or the use of commercial timber for purposes other than those for which it was intended;
  • to clean up timber-cutting areas and, at their own expense, to put the land areas they have disturbed as a result of forest use into a condition suitable for proper utilization;
  • to fulfill the other requirements established by the Regulations for the Allocation of Standing Timber in USSR Forests and by the Regulations for the Cutting of Timber.

The state agency of the USSR timber industry, observing the requirements of these Principles, determines a technical policy that is mandatory for all timber cutters, a policy based on the use of progressive technological processes, machines and mechanisms.

Art. 35. Citizens’ Presence in Forests. -Citizens have the right of free presence in forests and the right to gather wild fruits, nuts, mushrooms, berries, etc.

Citizens are required to observe the rules of fire safety in the forests and not to allow trees and bushes to be broken or cut down, forest crops to be damaged, forests to be littered, or anthills, birds’ nests, etc.,. to be destroyed.

Citizens’ presence in forests and the gathering of wild fruits, nuts, mushrooms, berries, etc., may be restricted, according to a procedure determined by USSR and Union-republic legislation, in the interests of fire safety and of commercial nut growing and fruit-tree or seedling farms, and citizens’ presence in the forests of nature reserves and other forests may be restricted in connection with the specially established procedure for the use of these forests.

Art. 36. Grounds for Terminating the Right of Enterprises, Organizations and Institutions to Forest Use. -The right to forest use of enterprises, organizations and institutions is subject to complete or partial termination in the event that:

(1) there is no further need for forest use;

(2) the time period for forest use expires;

(3) the enterprises, organization or institution no longer exists.

The right to forest use of enterprises, organizations and institutions may also be terminated in the event that lands of the state forest fund or other forested lands are withdrawn for other state or public needs or in the event that the forest is not being used in accordance with the purposes or requirements stipulated in the timber-cutting permit (certificate) or forest permit.

Other grounds for terminating the right to forest use of enterprises, organizations and institutions may be stipulated by USSR and Union-republic legislation.

Art. 37. Grounds for Terminating the Right of Citizens to Forest Use. -Citizens’ right to forest use is subject to coraplete or partial termination in the event of:

(1) voluntary waiver of forest use;

(2) expiration of the time period for forest use;

(3) forest use that is not in accordance with the purposes or requirements stipulated in the timber-cutting permit (certificate) or forest permit.

Citizens’ right to forest use may also be terminated if lands of the state forest fund or other forested lands are withdrawn for state or public needs.

Other grounds for terminating the right of citizens to forest use may be stipulated by USSR and Union-republic legislation.

Art. 38. Special Features of Forest Use in Urban Forests -Urban forests are used primarily for cultural and he improvement purposes and for public recreation.

Timber procurement in the form of primary-use cutting and the procurement of turpentine oleoresins and tree sap in urban forests are prohibited.

Union-republic legislation may prohibit other types of forest use in urban forests if they are incompatible with the conduct of cultural and health-improvement measures or with the organization of public recreation.

The provisions of this article apply also to forests in population centers that, under Union-republic legislation, are placed in the category of urban-type settlements.

Art. 39. Special Features of Forest Use in Assigned Forests. -Enterprises, organizations and institutions of ministries and departments to which forests have been assigned for performing scientific, educational and other tasks have a preferential right to engage in the designated types of forest use in these forests, according to established procedure.

In assigned forests, forest use by other enterprises, organizations and institutions, as well as by citizens, may be restricted or totally prohibited if it is incompatible with the purposes for which the forests have been assigned.

The procedure for assigning forests and the procedure for forest use in assigned forests are established by USSR and Union-republic legislation.

Art. 40. Restrictions on Forest Use in the Forests of Nature Reserves – Primary-use cutting, the procurement of turpentine oleoresins and other forest uses incompatible with the objectives of reserve status are prohibited in the forests of nature reserves.

The procedure for forest use in the forests of nature reserves is determined by USSR and Union-republic legislation.

Art. 41. Special Features of Forest Use in Collective Farm Forests. – Forest use in collective farm forests is carried out primarily by collective farms and collective farmers.

Collective farms (inter- collective farm forestry organizations) carry out all types of forest use in collective farm forests for the needs of the communal sector free of charge. Collective farm members carry out forest use in these forests on preferential terms or free of charge.

After satisfying the requirements of the collective farm’s communal sector and the collective farmers’ needs for wood and other forest products, the collective farm may permit other forest users to carry out forest use. The collective farm is paid for the products procured by these forest users in collective farm forests according to the fixed rates established for state forests. Money earned from forest use in collective farm forests is spent on forestry operations.

With the agreement of general meetings of collective farm members or meetings of representatives specified by a resolution of the Union-republic Council of Ministers, collective farm forests may be, in whole or in part, designated as state forests.

Art. 42. Special Features of Forest Use in Border zones. – Forest use in border zones is carried out according to a procedure established by these Principles and other USSR and Union-republic legislation.

The special features of forest use in border zones are established by the proper agencies, with the agreement of the border troops command.

Art. 43. Procedure for the Resolution of Disputes Over Forest Use. -Disputes between enterprises, organizations, institutions and citizens over forest use are resolved by Union-Republic Councils of Ministers, autonomous -republic Councils of Ministers and local Soviet executive committees, as well as by state forestry agencies and other specially authorized state agencies, according to a procedure established by USSR and Union-republic legislation.

Property disputes involving forest relations are examined according to a procedure established by USSR and Union-republic legislation.

III. The Reproduction and Increased Productivity of Forests

Art. 44. The Restoration of Forests and Afforestation. -The restoration of forests is carried out on cutover, burned-over and other previously forested areas, and afforestation is carried out on other lands designated for the creation of new forests.

The volume of forest- restoration and afforestation work is stipulated in state plans for the development of the national economy.

Forest restoration and afforestation, the procurement of tree seeds and seedling cultivation is carried out by the forestry enterprises of state forestry agencies, as well as by other enterprises, organizations and institutions engaged in forest management. USSR and Union-republic legislation may also assign the performance of the indicated work to other organizations.

In the cutting and hauling of timber, timber cutters are required to observe requirements aimed at the preservation of favorable conditions for forest restoration in cutover areas. These requirements are also to be taken into account in the development of new equipment for timber cutting and hauling.

Forest-restoration work is conducted by methods that ensure the creation in the shortest possible time of highly productive forests made up of economically valuable species of trees, according to a procedure established by state forestry agencies ‘

To ensure the optimal forestation of the banks of rivers and other bodies of water and in other necessary instances, lands of other categories, above all parcels of land that are unsuitable for agricultural use (ravines, gullies, sands, etc.), as well as lands of the state reserve that are overgrown with trees and bushes, may be designated as lands of the state forest fund. The designation of lands of other categories as lands of the state forest fund is carried out according to a procedure established by USSR and Union-republic land legislation.

Art. 45. Increasing the Productivity of Forests and Forest Maintenance.. – For purposes of improving the qualitative composition of forests, forest-maintenance cutting, sanitary cutting and cutting connected with the reconstruction of low-value forest stands is to be carried out, and measures are taken to improve the age composition of forests, including measures to prevent the accumulation of overmature stands, measures to increase soil fertility and other operations that will facilitate increased forest productivity.

The forestry enterprises of state forestry agencies and other enterprises, organizations and institutions engaged in forestry are required:

  • to conduct forest maintenance, work in the selection, seed growing and varietal testing of the most economically valuable species of trees and measures to increase soil fertility, to drain excessively moist land and to prevent the water and wind erosion of soil, swamp formation, salinization and other processes that worsen the condition of the soil, and to carry out other measures aimed at improving the species structure and quality of forests and at increasing their productivity and protective properties;
  • to take steps toward the fullest possible and most effective utilization of lands of the state forest fund for the restoration of forests and the creation of new ones on areas so designated.

IV. The Conservation and Protection of Forests

Art. 46. The Conservation and Protection of Forests. -All forests are subject to protection from fires, illegal cutting, violations of established procedures for forest use and other actions that harm forests, and to conservation measures against pests and diseases.

The implementation of measures for the conservation and protection of forests is assigned:

  • in state forests – to the forestry enterprises of state forestry agencies, to other enterprises, organizations and institutions to which forest management of these forests has been assigned, and to the appropriate ministries, departments and city Soviet executive committees;
  • in collective farm forests -to the collective farms, other organizations to which forest management of these forests has been assigned, and to the appropriate agricultural agencies.

Union-republic Councils, of Ministers, autonomous-republic Councils of Ministers and local Soviet executive committees, in accordance with USSR and Union-republic legislation, ensure the implementation of measures for the conservation and protection of the forests and the combating of forest fires, enlist the population, fire-fighting equipment and vehicles in the extinguishing of forest fires, and, when necessary in periods of great fire danger, prohibit the population or vehicles from entering the forests.

Enterprises, organizations and institutions whose activity affects the condition and reproduction of forests are required, in agreement with state forestry agencies, local Soviet executive committees and other state agencies and in accordance with USSR and Union-republic legislation, to conduct technological, sanitary and other measures aimed at forest protection.

The conservation and protection of forest shelterbelts on collective farm and state farm land and of other protective or landscape stands of trees or shrubbery that are not part of the state forest fund is ensured by land users and by the appropriate ministries, departments and local Soviet executive committees.

For enterprises, organizations and institutions engaged in forestry and for forest users, material and moral incentives that will stimulate the implementation of measures for rational forest management, the improvement of forest use and the strengthening of forest conservation and protection may be established by USSR and Union-republic legislation.

Art. 47. Forest Protection in the USSR. -The conservation and protection of forests is carried out by: the USSR State Forest Protection Service; the forest protection services of the ministries and departments to which enterprises, organizations and institutions engaged in forestry belong; the forest protection services of city Soviet executive committees; and collective farm forest protection services.

In accordance with USSR and Union-republic legislation, the USSR State Forest Protection Service and the forest protection services of ministries and departments and city Soviet executive committees, as well as collective farm forest protection services, have the right to stop and to prevent violations of the rules for forest conservation and protection and of the established procedures for carrying out forest use and for the utilization of lands of the state forest fund in accordance with their designated purpose, as well as to stop and to prevent other actions that harm the forests.

The state forestry agencies are responsible for exercising control over the organization of the conservation and protection of all forests in the USSR.

V. State Registration of Forests and the State Forest Cadastre Forestry Organization

Art. 48. State Registration of Forests and the State Forest Cadastre. For the organization of the rational use of forests, their reproduction, conservation and protection, the planning of forestry development and the siting of timber-cutting funds, the state conducts the state registration of forests and keeps a state forest cadastre according to systems that are uniform throughout the USSR.

The state registration of forests is conducted, and the state forest cadastre kept, in accordance with a procedure established by the USSR Council of Ministers.

Branch records on the condition and utilization of lands of the state forest fund are kept according to a procedure established by the USSR Council of Ministers.

Art. 49. Forestry Organization. – Forestry organization includes the system of state measures aimed at ensuring the rational use, increased productivity, reproduction, conservation and protection of forests, as well as a rise in the standards of forest management.

Forestry organization includes the following forestry-organization activities:

  • the determination of the territorial boundaries of forestry enterprises and the internal economic organization of the territories of the forestry enterprises of state forestry agencies, as well as of the territories occupied by forests whose forest management is conducted by other enterprises, organizations and institutions;
  • the determination of forest resources and the species and age composition of forests as a basis for the establishment of calculated amounts of timber to be cut annually for primary use cutting areas and the amounts of other types of forest use, as well as of cutting methods;
  • the identification of sectors requiring maintenance cutting, sanitary cutting, cutting connected with the reconstruction of low-value forest stands, drainage and other forestry measures;
  • the specification of areas designated for forest restoration and afforestation, and the determination of methods of forest reproduction;
  • the categorization of forests according to the extent to which they are protected, and the substantiation of the transfer, when necessary, of forests from one group to another;
  • the implementation of topographic-and-geodesic, forest biology and other surveys and investigations, as well as other forestry-organization activities.

On the basis of forestry-organization materials, state forestry agencies or other state agencies acting in concert with them draw up and confirm, for enterprises, organizations and institutions engaged in forest management, designs that form the basis for forest management and forest use and serve as points of departure for long-range and current planning.

Calculated amounts of timber to be cut annually are computed for primary-use cutting areas on a long-term basis, with forestry organization for each enterprise, organization and institution engaged in forest management, separately by forest group and by forestry section (coniferous, hard-leafed and soft-leafed), and are determined by province, territory and republic. The procedure for confirming the calculated amounts of timber to be cut annually is established by the USSR Council of Ministers.

Forestry organization is carried out in all forests by state forestry-organization enterprises according to a system that is uniform throughout the USSR and is established by the USSR state forestry agency.

VI. Liability for the Violation of Forest Legislation

Art. 50. Liability for the Violation of Forest Legislation -Unauthorized transfer of the right of forest use or other transactions that overtly or covertly violate the right of state ownership of forests are invalid. Persons guilty of concluding such transactions or of engaging in: the illegal cutting of or damage to trees and shrubs; the destruction of or damage to forests as a result of arson or the careless use of fire; violation of the fire-safety requirements in forests; damage to forests by sewage, chemicals or industrial, municipal and domestic emissions, wastes and refuse that cause forests to dry up or become diseased;

  • destroying or damaging forest crops, seedlings or sapling, in forest nurseries and on plantations, as well as young natural growth and self-sown saplings in areas designated for forest restoration;
  • the use of land parcels of the state forest fund for stump-grubbing, erecting buildings, lumber processing, setting up storage facilities, etc. , without proper authorization for the use of these parcels;
  • unauthorized haymowing and livestock pasturing in forests and on unforested land of the state forest fund;
  • the unauthorized gathering of wild fruits, nuts, mushrooms, berries, etc., in sectors where this is prohibited or is permitted only with a forest permit;
  • violation of the established procedure for the use of the timber-cutting fund, the cutting and removal of timber and the procurement of turpentine oleoresins;
  • the destruction of or damage to boundary markers in forests;
  • the destruction of fauna that are beneficial to the forest,
  • bear criminal, administrative or other liability in accordance with USSR and Union-republic legislation.

Liability for other violations of forest legislation may be established by USSR and Union-republic legislation.

Enterprises, organizations, institutions and citizens are required to make restitution for damage caused by the violation of forest legislation, in amounts and according to the procedure established by USSR and Union-republic legislation.

Illegally obtained wood and other forest products are subject to confiscation and transfer to the appropriate enterprise, organization or institution engaged in forest management or to a forest user, if his rights have been violated. If the confiscation of illegally obtained products is impossible, its value is recovered.

When forest users violate the established procedure for forest use, the exercise of forest use may be suspended, in instances and according to a procedure determined by the USSR Council of Ministers.

In instances and according to a procedure established by USSR legislation, operations conducted by enterprises, organizations and institutions may be suspended if they present a danger to the condition and reproduction of forests in connection with the nonfulfillment, during these operations, of technological, sanitary and other measures that ensure the protection of the forests from fire and the removal of other harmful influences on the condition and reproduction of forests.

Persons guilty of the illegal destruction of or damage to forest shelterbelts on collective farm or state farm lands or other protective or landscape plantings of trees and shrubs not included in the state forest fund bear liability established by legislation for the destruction of or damage to specially protected forests of the first group, if stricter liability for the indicated actions has not been established by USSR and Union-republic legislation.

Persons guilty of the nonfulfillment of obligatory measures to restore forests and to improve their condition and species composition, to improve the forests’ productivity and to utilize resources of mature timber bear liability in accordance with USSR and Union-republic legislation.

VII. International Treaties And Agreements

Art. 51. International Treaties and Agreements. -If an international treaty or international agreement to which the USSR is a party establishes rules different from those contained in Soviet forest legislation, the rules of the international treaty or international agreement are applicable.

The same provision is applicable on the territory of a Union republic if an international treaty or international agreement to which the Union republic is a party establishes rules different from those stipulated by Union-republic forestry legislation.

Source: Current Digest of the Soviet Press. Vol. XXIX, No. 25 (1977), pp. 9-16.

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