Legal measures of forest protection

Types of forest use rights

The concept and content of the right of forest use

Features of the legal regime of separate categories of forests

The concept and structure of the forest fund

Lecture 11.

Subject: Legal regime of forests and their protection.

The Plan:

Keywords: flora, forest law, types of forest use rights, the legal regime.

Plant world - a collection of wild plants (terrestrial and aquatic), native to the state of natural liberty in the territory of the state, as well as within its continental shelf.

The legal concept of forest defined by the Forest Code of the Republic of Kazakhstan 8.07.03.g. - The forest is a collection of forest vegetation, soil, wildlife, and other components of the natural environment, which is of great ecological, economic and social importance.

The legal concept of "forest", based on an analysis of the scope and content of the forest legislation Law Institute of forest management, can be defined as the totality of all plant organisms, trees, shrubs, grasses and other plants (mosses, lichens, and so on. N.).

It should be clarified that it is a set of named species growing within the forestlands of Kazakhstan; in the forests outside the forest fund, located on defense lands, urban forests, trees and shrubs located on lands:

- For agricultural purposes, including lands granted for gardening and personal farms;

- Transport (on ROW railways and highways);

- Settlements (villages), including provision for the holiday, housing and other construction (except for urban forests);

- Water Fund (on ROW channels);

- Other categories.

Based on the ecological, economic, and spiritual significance of a forest and vegetation outside the forest, as well as biodiversity conservation, legislation based on the principle that the legal protection shall be subject to all kinds of wild plants, regardless of whether they are helpful or harmful.

A feature of the legal regime of the forests is that the Forest Fund and forests located on defense lands, owned by the state. Part of the forest fund can be transferred to the ownership of the subjects of the law of RK. The owner is in compliance with the Forest Code of the Republic of Kazakhstan has the burden of the cost of safety, protection, reproduction and rational use of organization belonging to him objects of forest relations. He also has the right to receive income from the use of forest resources and forest outside the forest fund. For example, in Russia, taking into account ecologically and socially important functions of forests in the forests of the forest stand I-II-III groups. At the same time forest group, I are separated by category of security. In the forest, legislation defines the criteria for inclusion of certain forests to these groups. In accordance with LC, where two groups of. Forests of the I group are the most environmentally and socially valuable forests, the primary purpose of which is the implementation of water protection, sanitation, health and other functions, as well as forests of specially protected areas.

Forests Group II includes forests in areas with high population density and extensive network of ground transportation routes, forests operating water protection, conservation, sanitation, health and other functions that have limited operational significance, as well as forests in regions with insufficient forest resources for conservation, which requires limiting forest regime.

Finally, to the forests of group III according to the Russian forests are numerous regions with predominantly operational significance. Regarding the use of this group of forests, Forest Code of RK establishes a requirement that during harvesting must maintain the ecological functions of these forests. In turn, the forests of Group III are divided into developed and reserve forests on the criteria defined by the public agency forest management.

Features of legal regulation of relations on the forest is that the forestry legislation establishes requirements for forest protection.

Forests are protected from fires, illegal logging (felling), violations of the established order of forest management and other activities damaging forest resources and outside forests. At the same time regulates the protection of forests from pests and diseases.

Particularly those with the legal regulation of the use, protection and reproduction of forests outside the forest fund, as well as the use, protection and reproduction of trees and shrubs.

Progressive experience gained in the world, shows that excessive rates of utilization of forest resources in reality is not so necessary. Volumes felling of forests can be significantly reduced gain control of waste and increase the use of recycled materials.

Regarding the flora outside the forest, the relationship regarding his fragmentary objects regulated land, water, mining legislation on specially protected natural territories. Thus, the Water Code of the Republic of Kazakhstan establishes responsibilities of users to prevent the deterioration of habitats of flora. For the conservation and restoration of rare and endangered plant species, including valuable species in the economic, scientific and cultural relations, the Law "On Specially Protected Natural Areas" provides for the establishment of botanical state reserves, and in order to preserve the diversity and enrichment plant world - arboretums pair’s and botanical gardens. Rare and endangered plant species recorded in the Red Book of the Republic of Kazakhstan, which has a mode of use and protection.

Features of the legal regime of the plant world outside the forest.

Article 77 of the Forest Code of the Republic of Kazakhstan. Titled: "The responsibility for the destruction or damage to trees and shrubs are not included in the forest fund, which states that those responsible for the illegal destruction of or damage to trees and shrubs are not included in the forest fund, other than specified in para. 4 of the second Art. 3 of the present Code, shall be liable under the legislation of the Republic of Kazakhstan. "

Regulatory and legal acts regulate the collection and sale of raw materials from wild medicinal plants (except plants belonging to the species listed in the Red Book). In accordance with the Regulation on licensing of collection and sale of raw materials from wild medicinal plants, legal entities and natural persons only under license may carry out such activities. Licensing by the bodies of executive power.

Already in the 70s. Scientists have proved the need for a separate law "On protection and use of forest vegetation outside."

AB devoted his research protection of flora, believes that such a law should:

- Establish ecologically sound rules and regulations for the protection, rational use and reproduction of flora;

- Introduce prohibitions and restrictions on the use of flora, including restrictions collection of wild plants, their colors, etc. for the needs of the population and the national economy, as well as botanical collections and other scientific purposes;

- Consider measures to prevent and combat the unauthorized use or other violations of the order of use foliage;

- To establish measures to ensure the preservation of favorable growing environment of wild plants as well as other measures.

Дата добавления: 2014-12-16