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Legislative and regulatory documents of forestry

The main normative acts that form the forestry’s legislation system are the Constitution of Ukraine, Law of Ukraine “On environmental protection”, The Forest Code of Ukraine, The Law of Ukraine “On Flora”. The Law of Ukraine "On protection of the environment" is the basic legislative act, which regulates legal relations in the sphere of protection, use and reproduction of natural resources, environmental safety, prevention and mitigation the negative impact of economic and other activities on the environment.

The article 38 of the Law in its’ second and third part declares that Ukrainian legislation guarantees to its’ citizens a right for common use of natural resources to meet vital needs (aesthetic, health-improving, recreational, financial) for free, without allotting them to individuals and giving appropriate permissions, except restrictions foresee by the legislation of Ukraine.

At the same time according to the order of special natural resources use, citizens, enterprises, institutions and organizations, receive by charge natural resources in possession, use or leasethrough registered in the prescribed manner special permissions for implementation their productive and others activities. Also they may receive it on favorable terms in cases stipulated by legislation of Ukraine.

Forest resources of state meaning are recognized as the natural resources of nationwide significance by point “e” of the article 39 of The Law of Ukraine "On protection of the environment".

The special legislative act in the sphere of forest regulation issues is the Forest Code of Ukraine which is set out in new edition by the Law of Ukraine “On changes to the Forest Code of Ukraine” from February 8, 2006 ?3404-IV. Changes made to the Code determine features of forest resources use, depending on their species, in general and special order.

General use of forest resources includes the right of free staying in the forests of state and municipal property (staying in the forests of private property requires the consent of the owner). Besides there is no need to have a permission for gathering of wild growing plants, flowers, berries, mushrooms and other forest resources for own consumption except cases stipulated by the Forest Code of Ukraine and other legislative acts of Ukraine.

So, gathering of these forest resources is free of charge, but the authorized bodies of executive power determine maximum quotas which ensure not exhausting use of forest resources and promote their natural reproduction. The executive power bodies and local governments should ensure informing the community through media about these maximum quotas for free gathering of wild growing plants, flowers, berries, mushrooms and other forest resources.

The role of forests which are used as natural resources is the basis of classification on types of special use of forests. It consists in the value of forests as a source of wood, soft resin and other forest resources and specific qualities: medical, recreational and aesthetic. Accordingly there are such types of special forest use by purpose:

  1. The use of wood forest resources – storing up of wood by cutting in main use, secondary forest materials (bole, phloem, bark);
  2. Secondary forest use – hay mowing, pasturage, placing beehives and apiaries, harvesting forest products, gathering of plants and mushrooms, cane harvesting, gathering forest floor;
  3. Forest use for culture and health improving purposes, recreation, sport and tourism, educational and scientific - research purposes.
  4. Use of forest useful properties for hunting, creating favorable conditions for the populations of wild animals.

The main demand for the citizens in common and special order of forest use is compliance with fire safety in forests, according to the Rules of fire safety in the forests of Ukraine confirmed by the order of the State Forestry Committee of Ukraine of 27 December 2004 ? 278 which is registered at the Ministry of Justice of Ukraine on March 24, 2005 under ? 328/10608.

Thus, the activities of forest users associated with the use of forest resources also should be subjected to the requirements of the Cabinet of Ministers Decree of 27 July 1995, ? 555. There are approved sanitary rules in the Ukrainian forests, which are a set of norms of sanitary and health measures and requirements established for the protection of forests from impact of forestry, forest resources use and work not associated with a forest use.

All forest users according to legislation and permits’ conditions are granted with rights and obligations. They have the right to use forest only that they are allowed and to use only those resources for which they are given special permission and within certain deadlines.

All kinds of forest use (except common) foresee compliance with the permit procedure, that is a special permission called woodcutting or forestry card.

It should also be noted that the right of special forest use has a fixed date nature (usually for a year). After the deadline it is necessary to make a re-registration.