According to the legislation in force until 01.04.2010, ie before the entry into force of the law “On the hunt …”, namely in accordance with Article 36 of the Forestry Code of the Russian Federation for the use of forest fund for the purpose of hunting management between the State and the person leading hunting, it was required to conclude lease forest plots of the forest fund.
Photo by Ilya Antonyuk
Answer V.Bodunkova article the author: With zakonom-«navigator» by «dark forest»
In the Unlike acting Currently legislation, previously did not act It was found no terms of such contracts, or compulsion of their detention, there is a person going to drive hunting, it was to make a very initiative to enter into such agreements, pre-designed plan for the development of forest and spending his state examination.
Only then can such a person could enter into lease agreement for on the basis of which the hunting ground territory of the forest areas considered to be formed, and therefore, such a person was beginning to have the right to conduct activities in ohothozyaystvennoy such forest areas.
In fact, it turned out that the previously issued long-term licenses giving the right to conclusion of lease agreement, but He did not give the right to ohothozyaystvennoy conduct activities without such contracts, the there are hunting grounds on territory of the forest began to be considered fixed only if the long-term license and lease agreement.
This hunting area itself shall decide on the the need to conduct activities in ohothozyaystvennoy the territory of the forest fund, It has taken the decision to consolidation of a forest fund through the lease agreement, or non-realization of this right.
Reference offer a selection of Article 36 of the Forest Code in force at period of issue of so-called long-term licenses.
1. Management of hunting on forest areas is an entrepreneurial-related activities the provision of services to persons engaged in hunting.
2. Forest plots allocated for game management, recognized hunting grounds.
5. Citizens and legal persons shall use forests for game management in the based on the lease agreement.
After administration Act «On the hunt…» at Forest Code was amended, and according to the current edition of the Forest Code, the right to conclusion of lease agreement in for hunting management began to have only persons with ohothozyaystvennye which have signed the agreement.
One gets such a situation, if a any hunting facility, possession of a long-term license to amending Forest Code, no were signed lease agreement, the area of forest plots, which was planned to conduct activities in ohothozyaystvennuyu time of receipt of long-term license can not be considered fixed and hunting grounds should be considered public hunting grounds, as in fact the process of consolidation of the hunting grounds located on the territory of the forest fund, legally It was brought to the end.
And if you begin to consider the situation with side of the current law «About hunting…» at under paragraph 3 of Article 71, the there is such a situation that if the owner of the long-term licenses are not enter into a lease of forest plots, seek ohothozyaystvennogo conclusion of agreement, there wants to exchange his old license for a long-term ohothozyaystvennoe Agreement, that person will be denied ohothozyaystvennogo custody agreement forest areas that are in the preparation of a long-term license would be used for game management, since no treaty relations the use of such forest areas are not lay and Paragraph 3 of Article 71 of the law «About hunting…» clearly defines the presence of an agreement on the Granting territory use.
It should be noted that some regions unscrupulous hunting grounds users, despite the what alone their initiative is not exercise the right to conclusion of lease agreement, enter into agreements with hunters on provision of hunting services forested areas, actually which are fixed to the data of the hunting farm.
This turn may lead to the fact that such bodies ranger attract hunters to administrative and Criminal liability for illegal hunting the territory of the forest areas, as the resolution and permit issued to the users of hunting grounds these forest areas, not are legal documents on the basis of which you can make hunting territory actually public land.
In turn, it should be noted that, to avoid such incidents hunters several regions of the territory of the prosecuting authorities have made use of forests in check for game management and the courts have established the illegality of the use of forest near hunting leases. TO These regions include Krasnoyarsk and Chita Region, the Altai Republic, the Republic of Khakassia, the Republic of Tatarstan.
Albert Gorbachev5 July 2014 at 00:00