October 2, 2015 entered into force decision of the Government of the Russian Federation on September 21, 2015 №1003, approving a standard form lease agreement.
Previously applied model form lease agreement, approved by the federal executive authority. Such a document carried only advisory in nature, and therefore, the parties entered into lease agreement were not obliged to adhere to its provisions clearly that gave rise to the appearance of conflicts of interest, pre-contractual disputes and has often led to the violation of the rights and legitimate interests of the parties.
Now, throughout the territory of the Russian Federation is a single, mandatory for all, the shape of a typical lease agreement used for all types of forests, including timber, construction, reconstruction and operation of linear objects.
In accordance with the standard contract the landlord on the basis of a protocol on the results of the relevant auction (either on the basis of the decision of the authority) is obliged to provide, as a tenant — take temporary use of forest land owned by the state or municipal property.
Treaty determined the amount of rent, the rights, duties and responsibilities of the parties, duration and other conditions.
The contract specifies the size and location of forest area, as well as individual applications — scheme of its location, characteristics, and the annual volume of timber.
In addition, a separate annex to the agreement is the calculation of the rent and the procedure for making and — an act of acceptance and transfer of forest land.
Model Treaty greatly expanded and specified the duties of tenants and established a very substantial penalty for non-compliance.
In contrast to the previously applied model contract forms, the lessee assigned additional responsibilities, with specific deadlines.
Under responsibility of the parties set the amount of penalties in the total population of 17 violations of contractual obligations.
For example, the tenant is given six months to develop a project of forest development and supply it to the state examination. For delay in the development of the forest development plan provides for a penalty in the amount of 150 thousand rubles (for legal entities) for each month of delay.
For failure of cleaning logging sites and cluttering felling adjacent to the 50-meter bands entered the penalty in the amount of 5 times the value of the expenditure required for the clean-up of standards in the field of forestry, and in the absence of such standards — according to the calculation of the lessor.
For the use of the forest area without feeding forest declaration — a penalty of 20 thousand. rubles (for a natural person or an individual entrepreneur) or 70 thousand. rubles (for legal entities).
Total number of felled or damaged to the extent of the cessation of growth of the trees outside the cutting areas adjacent to them on the 50-meter bands — 10-fold the cost of damaged or felled trees, as determined by the rates of payment for the unit of forest resources, established by the Government of the Russian Federation for the timber forest plantations under the first category taxes in all areas of forest tax.
Until October 2, 2015 model form lease agreement did not provide for the prescribed amount of a penalty for breach of contractual obligations of the parties.
October 15, 2015 at 11:20