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Forest Code (No.3852-XII of 1994).

Country/Territory
Ukraine
Document type
Legislation
Date
1994 (2019)
Source
FAO, FAOLEX
Subject
Forestry
Keyword
Framework law Public forest Private forest Protection forest Afforestation/reforestation Forest service/forest officers Forest management/forest conservation Offences/penalties Registration Dispute settlement
Geographical area
Black Sea, CIS (Commonwealth of Independent States), Eastern Europe, Europe, Europe and Central Asia
Entry into force notes
The Act enters into force from the date of its official publication.
Abstract

Forest relations in Ukraine are regulated by the present Forest Code, Law on environmental protection and other legislative acts of Ukraine. The purpose of Forest Code is the regulation of legal relations with the view of ensuring raising forest productivity, forest protection and afforestation, useful qualities, satisfaction of the needs of society in forest resources on the basis of their scientifically substantiated rational use. Forest land includes forest land on which forest plots are located and non-forest land occupied by agricultural land, waterbodies and swamps, buildings, communications, unproductive land, etc., which are allotted in the prescribed manner and used for forestry needs. Forest land shall not include land on which protective forest strips are located (art. 5). The right of private ownership of forests of citizens and legal entities of Ukraine arises from the date of state registration of ownership of land. Forests inherited by foreign nationals, stateless persons and foreign legal entities are subject to expropriation within one year. (art. 13). The right to forest management shall be exercised on condition of permanent and temporary forest management (art. 16). Specialized state forestry enterprises, other state enterprises, institutions and organizations in which specialized forestry subdivisions have been established shall be granted the right of permanent forest management with the allotment of forest located on public land (art. 17). The Act consists of 10 Sections, sub-divided into 23 Chapters that contain 103 articles. Section 1 (arts. 1-22) lays down general provisions. Section 2 (arts. 23-32) regards state management and state control in the sphere of safeguarding, protection, management and afforestation. Section 3 (arts. 33-47) regards organization of forest management. Section 4 (arts. 48-80) regards management of forest resources and the use of the plots of land pertaining to the stock of forest. Section 5 (arts. 81-84) regards afforestation and raising productivity of forests. Section 6 (arts. 85-88) regards safeguarding and protection of forests and forest service. Section 7 (arts. 89-92) regards fees for the use of forest resources and for the use of the plots of land pertaining to the stock of forest, subsidies for safeguarding, protection, rational use of forest and afforestation. Section 8 (arts. 93-96) regards forest management, state registration of the stock of forest and state forest cadastre. Section 9 (arts. 97-102) regards dispute settlement in the sphere of safeguarding, protection of forests and afforestation. It also establishes liability for the infringement of forest legislation. Section 10 (art. 103) regards international cooperation.

Full text
Ukrainian

References - Legislation

Implemented by

Ministerial Decree No. 557 regarding validation of the regulation on the modalities of classification of forests by groups, by categories of protection and selection of especially protected plots of forest land.

Legislation | Ukraine | 1995

Keyword: Classification/declassification, Protected area, Protection forest, Recreational forest, Timber extraction/logging, Forest management/forest conservation

Source: FAO, FAOLEX

Ministerial Decree No. 185 regarding validation of the Regulation on procurement of soft resin.

Legislation | Ukraine | 1996

Keyword: Forest management/forest conservation, Non-timber products

Source: FAO, FAOLEX

Ministerial Decree No. 44 regarding validation of rates of payment for forest standing timber and soft resin.

Legislation | Ukraine | 1997 (1999)

Keyword: Timber, Timber extraction/logging, Forest species, Environmental fees/charges, Land clearing, Non-timber products, Forest management/forest conservation

Source: FAO, FAOLEX

Ministerial Decree No. 767 regarding validation of the Regulation on state registration of forests and keeping state forest cadastre.

Legislation | Ukraine | 1995

Keyword: Afforestation/reforestation, Registration, Data collection/reporting, Classification/declassification, Forest management/forest conservation

Source: FAO, FAOLEX

Ministerial Decree No. 1378 regarding validation of the Regulation on the modalities of supply of standing timber.

Legislation | Ukraine | 1999

Keyword: Timber, Timber extraction/logging, Transport/storage, Authorization/permit, Offences/penalties, Forest management/forest conservation

Source: FAO, FAOLEX

Joint Order No. 91/241/129/236/565 of the State Forestry Committee, the Ministry of Finance, the Ministry of Economy, the Ministry of Environmental Protection and Nuclear Safety and State Tax Inspection regarding validation of the Regulation on the mechanism of collection of charges for special management of forest resources and plots of forest land.

Legislation | Ukraine | 1999

Keyword: Forest management/forest conservation, Environmental fees/charges

Source: FAO, FAOLEX

Ministerial Decree No. 559 regarding validation of the Regulation on main use felling.

Legislation | Ukraine | 1995 (2000)

Keyword: Timber extraction/logging, Land clearing, Afforestation/reforestation, Offences/penalties, Forest management/forest conservation

Source: FAO, FAOLEX

Ministerial Decree No. 535 regarding validation of the Regulation on felling related to forest management and other types of cutting.

Legislation | Ukraine | 1996

Keyword: Timber, Land clearing, Forest management/forest conservation, Timber extraction/logging

Source: FAO, FAOLEX

Ministerial Decree No. 97 regarding validation of the Regulation of afforestation and reforestation.

Legislation | Ukraine | 1996

Keyword: Afforestation/reforestation, Forest management/forest conservation

Source: FAO, FAOLEX

Ministerial Decree No. 449 regarding validation of the Regulation on the modalities of procurement of secondary forest materials and carrying out secondary forest management.

Legislation | Ukraine | 1996

Keyword: Forest management/forest conservation, Non-timber products

Source: FAO, FAOLEX

Ministerial Decree No. 1012 regarding validation of the Regulation on charges for special management of forest resources and use of plots of forest land.

Legislation | Ukraine | 1998

Keyword: Forest management/forest conservation, Timber extraction/logging, Environmental fees/charges, Non-timber products

Source: FAO, FAOLEX

Resolution No. 112 of the Cabinet of Ministers validating the Procedure for the performance of forest management.

Legislation | Ukraine | 2023

Keyword: Forest management/forest conservation, Public forest, Private forest, Inventory, Survey/mapping, Local government, Contract/agreement

Source: FAO, FAOLEX

Resolution No. 105 of the Cabinet of Ministers validating the Procedure for felling trees and shrubs and using the extracted timber in the event of a change in the purpose of forest land plots or the establishment of servitude for their use for purposes not related to forestry management, and transfer of forest land to non-forest land.

Legislation | Ukraine | 2023

Keyword: Forest management/forest conservation, Public forest, Timber, Timber extraction/logging, Servitude, Transfer, Public land, Private land

Source: FAO, FAOLEX

Amended by

Law No. 2063-VIII “On amendments to some legislative acts related to protection of forests in accordance with Framework Convention on the Protection and Sustainable Development of the Carpathians.

Legislation | Ukraine | 2017

Keyword: Protected area, Ecosystem preservation, Forest management/forest conservation, Timber, Timber extraction/logging, Hunting/capture

Source: FAO, FAOLEX

Law No. 2321-IX on amendments of some legislative acts.

Legislation | Ukraine | 2022

Keyword: Forest management/forest conservation, Public forest, Private forest, Afforestation/reforestation, Forest species, Protected area, Soil conservation/soil improvement, Local government, Classification/declassification, Business/industry/corporations, Land tenure, Public land, Private land, Agricultural land, Farming, Land-use planning, Agricultural development

Source: FAO, FAOLEX