Olenina T. Prospects of development of legal regulation of permanent (indefinite) use of forest plot // Principy èkologii. 2018. № 2. P. 103‒107. DOI: 10.15393/j1.art.2018.7302


Issue № 2

Original research

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Prospects of development of legal regulation of permanent (indefinite) use of forest plot

Olenina
   Tat
PhD, Petrozavodsk State University; North Institute (branch) of The All-Russian State University Justice (RPA of The Ministry of Justice of Russia)" in Petrozavodsk, Petrosavodsk, Prospekt Lenina, 33; Onezhskoj embankment flotilla 51, tyolenina@mail.ru
Keywords:
regulation of permanent (indefinite) use of a forest plot
site
forestry legislation
forestry codeх
proprietary right.
Summary: The forestry legislation of Russia needs constant improvement in terms of the legal regulation of permanent (indefinite) use of a forest plot (LRPUFP). However, the topic is practically unexplored by modern legal science. In the development of the the ideas of sustainable progress, the new law of LRPUFP being in the state or municipal property was introduced. The purpose of the paper is to define the legal framework of LRPUFP. The study supports the right of legal persons to use permanently (indefinitely) forest plots. Data obtaining methods are modern scientific and special legal methods of cognition, in particular, analysis, synthesis, systemic, functional, technical legal method, which consists in defining legal concepts, identifying their characteristics, sociological analysis of documents, studies on forest law and others. The novelty of the research is that the author subjected many issues to thorough scientific analysis and investigated them in great detail for the first time. Current Russian legislation is not absolutely systematized in this field, but regulatory enforcement is not spread very much. In present-day conditions wit Russian legislation there is no need in LRPUFP, and it would be more optimal to abolish the rules concerning it from the forestry legislation. It is necessary to re-register the existed regulation into agreement on the lease of a forest plot or purchase and sale agreement of forest plantations. Further in transition to the lease basis it is necessary to provide some benefits on payment for the legal persons who have the LRPUFP or even grant them a remission of taxation.

© Petrozavodsk State University

Reviewer: D. V. Kozlov
Reviewer: L. Pavlova
Received on: 18 December 2017
Published on: 25 June 2018

References

Abanina E. N. The ideas of sustainable growth in Russian forest legislation: terms, legal confirmation, realization, Evraziyskiy yuridicheskiy zhurnal. 2016. No. 10 (101). P. 206–209.

Maksimov A. A. On the problem of systematization of natural resource and ecological legislation, Samye aktual'nye problemy zemel'nogo i lesnogo zakonodatel'stva: Sbornik statey mezhdunar. nauchno-prakt. konf., Otv. red. T. Yu. Olenina. Petrozavodsk, 2014. P. 75–79.

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