The procedure for using forests for agriculture. Use of forests for agriculture

Forests can be used for haymaking, grazing farm animals, beekeeping, reindeer herding, growing crops and other agricultural activities. economic activity.

Use of forest plots for maintenance Agriculture carried out in accordance with the forest plan of the subject Russian Federation and forestry regulations of the forestry. At the same time, farming in green areas and forest parks is prohibited, and the use of forest plots for farming should not interfere with the right of citizens to freely and free of charge stay in forests.

Citizens and legal entities using forests for agriculture have the right to:

Receive information about a forest plot transferred for permanent (perpetual) use, gratuitous fixed-term use or for rent;

Place beehives and apiaries in forest areas, erect fences, sheds and other temporary structures;

Have other rights that do not contradict the requirements of the legislation of the Russian Federation.

Persons using forests for agriculture are obliged to:

To draw up, when providing forests for permanent (perpetual) use or lease, a forest development project;

To carry out the use of forests in accordance with the forest development project and the forestry regulations of the forestry (forest park);

Prevent harm to the health of citizens, the natural environment;

Prevent soil erosion when using forests, exclude or limit negative impacts on the state and reproduction of forests, as well as on the state of water and other natural objects;

Follow the rules fire safety, rules for sanitary safety, rules for reforestation and rules for forest care;

Submit an annual report on use, conservation, protection and reproduction;

Provide in without fail documented information for maintaining the state register;

Perform other duties prescribed by law.

For haymaking, non-forest lands are used, as well as unafforested cutting areas, clearings and other lands not covered with forest vegetation until reforestation is carried out on them. In necessary cases, suitable for this purpose, areas of low-value plantations that are not planned for reconstruction can be used for haymaking.

For grazing farm animals, non-forest lands, unafforested cutting areas, clearings, clearings and other lands not covered with forest vegetation are used until reforestation is carried out on them.

Grazing of farm animals is not allowed in the areas:

Occupied by forest plantations, natural young stands of valuable species, plantations with developed viable undergrowth until they reach a height that excludes the possibility of damage to the tops by livestock;

Selective forest seed, pine, spruce-fir, willow, hardwood, walnut plantations;

With projected measures for natural reforestation and reforestation of coniferous and hardwood species;

With easily eroded and dispersed soils. Farm animal owners provide:

Fencing of livestock passes or pastures to avoid damage to forest crops, nurseries, young stands of natural origin and other valuable forest areas;

Grazing of farm animals by a shepherd (with the exception of grazing in fenced areas or on a leash).

Goat grazing is allowed only in forest areas previously fenced by the owner or on a leash.

3. As a food base for honey bees, forest areas are used, on which honey plants are present in the tree, shrub or grass-shrub layer. Forest plots for the placement of beehives and apiaries are provided primarily on the edges of the forest, clearings and other lands not covered with forest vegetation.

4. For reindeer breeding, forest areas of forest areas located within the forest zone of near-tundra forests, sparse taiga and taiga forest zone are used as a food base. At the same time, the protection of the original habitat of the indigenous peoples of the North, Siberia and the Far East and their traditional way of life should be ensured.

In forest areas provided for reindeer herding, pasture rotation is used, which does not lead to deterioration of the ground cover and soil surface of such areas.

5. For growing crops and other agricultural activities, non-forest lands, unafforested cutting areas, clearings and other lands not covered with forest vegetation are used until reforestation is carried out on them. When growing crops and other agricultural activities, chemical and biological preparations are used in accordance with the federal law "On the safe handling of pesticides and agrochemicals".

1. The use of forests for agriculture (haymaking, grazing of farm animals, beekeeping, reindeer husbandry, antler deer husbandry, commercial aquaculture (commercial fish farming), cultivation of crops and other agricultural activities) is carried out with or without the provision of a forest plot, the establishment or without establishing an easement, a public easement.

In the new Forest Code of the Russian Federation, which came into force on January 1, 2007, the approach of the federal legislator to establishing the conditions for forest use by organizations engaged in agriculture has changed. Having provided for certain features of the use of forests for agriculture, the legislator at the same time abandoned the special procedure for granting forest plots to agricultural organizations and indicated that citizens and legal entities use forests for agriculture on the basis of lease agreements for forest plots (part 3 of article 38 as amended by the Federal Law of March 14, 2009 N 32-FZ). In addition, as general rule it has been established that citizens and legal entities use forests for the purpose of harvesting timber on the basis of forest lease agreements (part 8 of article 29 of the Forest Code of the Russian Federation as amended by Federal Law No. 32-FZ of March 14, 2009), and the possibility of providing forest in state ownership, for permanent (unlimited) use is provided only for federal state institutions in cases where federal laws allow them to harvest timber.


1. Forests can be used for agriculture (haymaking, grazing of farm animals, beekeeping, reindeer herding, growing crops and other agricultural activities).

2. On forest plots provided for agriculture, it is allowed to place beehives and apiaries, erect fences, sheds and other temporary structures.

3. Citizens, legal entities use forests for agriculture on the basis of forest lease agreements.

3.1. For the use of forests by citizens for the purpose of carrying out agricultural activities (including beekeeping) for their own needs, forest plots are provided for free use or an easement is established in cases specified by the Land Code of the Russian Federation and Civil Code Russian Federation. (Part additionally included from March 17, 2009 federal law dated March 14, 2009 N 32-FZ; as amended by Federal Law No. 171-FZ of June 23, 2014, effective from March 1, 2015.

Commentary on Article 38 of the Tax Code of the Russian Federation

1. The commented article directly provides that forests can be used for agriculture (haymaking, grazing of farm animals, beekeeping, reindeer husbandry, growing crops and other agricultural activities). The list of agricultural activities is open.

It should be said that in this case we are talking more about land use than about forest use in its purest form.

2. On forest plots provided for agriculture, it is allowed to place beehives and apiaries, erect fences, sheds and other temporary structures. It should be said that such buildings should not have a main, but an auxiliary character.

3. Citizens, legal entities use forests for agriculture on the basis of forest lease agreements. Accordingly, no other permits are provided. At the same time, for the use of forests by citizens for the purpose of carrying out agricultural activities (including beekeeping) for their own needs, forest plots are provided for free fixed-term use or an easement is established in cases specified by the Land Code of the Russian Federation and the Civil Code of the Russian Federation (see commentary to Article 9 of the LC RF).

4. Rules for the use of forests for agriculture are established by the authorized federal body executive power.

Currently, the order of Rosleskhoz of December 5, 2011 N 509 "On approval of the Rules for the use of forests for agriculture" is in force. In accordance with it, agriculture is prohibited in forests located in water protection zones, with the exception of haymaking and beekeeping.

Within the boundaries of coastal protective strips, it is prohibited to plow land, graze farm animals and organize for them summer camps, bath. Farming is prohibited in forested areas.

In green zones, agriculture is prohibited, with the exception of haymaking and beekeeping, as well as the erection of fences for the purpose of haymaking and beekeeping. Farming is prohibited in urban forests.

Agriculture is prohibited in protected forest areas. In specially protected areas of forests, with the exception of protected forest areas, agriculture is prohibited, with the exception of haymaking and beekeeping.

Forests can be used for agriculture (haymaking, grazing of farm animals, beekeeping, reindeer herding, growing crops and other agricultural activities). Citizens, legal entities use forests for agriculture on the basis of forest lease agreements.

The use of forests for agriculture may be limited in cases provided for in Part 2 of Art. 27 LK RF.

Citizens, legal entities using forests for agriculture have the right to:
- carry out the use of forests in accordance with the terms of the lease agreement for a forest plot (agreement for gratuitous fixed-term use);
- create in accordance with Part 1 of Art. 13 LC RF forest infrastructure (forest roads, timber warehouses and others);
- place in accordance with Part 2 of Art. 38 LK RF on the provided forest plots, beehives and apiaries, erect fences, sheds and other temporary structures;
- have other rights, if their implementation does not contradict the requirements of the legislation of the Russian Federation.

Citizens, legal entities using forests for agriculture are obliged to:
- draw up a project for the development of forests in accordance with Part 1 of Art. 88 LC RF;
- to carry out sanitary and recreational activities (cutting down dead and damaged forest plantations, cleaning forests from littering, pollution and other negative impacts) in accordance with paragraph 4 of part 1 of Art. 55 LK RF;
- comply with the terms of the lease agreement for a forest plot (agreement for gratuitous fixed-term use);
- comply with fire safety requirements in forests;
- in accordance with Part 2 of Art. 26 of the Tax Code of the Russian Federation to submit annually a forest declaration;
- in accordance with Part 1 of Art. 49 of the Tax Code of the Russian Federation to submit a report on the use of forests;
- in accordance with Part 1 of Art. 60 of the RF LC to submit a report on the protection and protection of forests;
- in accordance with Part 4 of Art. 91 of the RF LC to submit to the state forest registry in the prescribed manner documented information, under Part.2 Article. 91 LK RF;
- perform other duties stipulated by the forest legislation of the Russian Federation.

New Rules for the use of forests for agriculture, approved by the order of the Federal Forestry Service dated December 5, 2011 No. 509, have been registered with the Ministry of Justice. The rules have not yet been officially published and have not entered into force. According to the Forest Forum of Greenpeace Russia, the new rules are very close to the old ones, approved by the order of the Ministry of Agriculture of the Russian Federation dated May 14, 2010 No. 161. In fact, the adoption of new rules has an exclusively bureaucratic meaning: since now the approval of forest norms and rules is within the competence of the Federal Forestry Agency, and not the Ministry of Agriculture, one of these departments accepts new documents, the other cancels the same old ones, and it seems like everyone is in business. Most likely, in May 2012 the system federal bodies the executive branch will change again, and the process of re-approval of forest standards will begin from the beginning, predicts the Forest Forum of Greenpeace Russia.

The more or less significant differences between the new rules and the old ones include the following (in fact, the new wording of the rules duplicates the norms of the Forest Code and other legal acts, which are already considered valid).

1. Instead of a clear wording of the old rules concerning the access of citizens to forests used for agriculture, the new rules simply give the wording from Article 11 of the Forest Code of the Russian Federation. The old rules stated that "the use of forest plots for agriculture should not, in accordance with Part 1 of Article 11 of the Forest Code of the Russian Federation, interfere with the right of citizens to freely and free of charge stay in the forests." The new ones state that “citizens have the right to freely and free of charge stay in forests and for their own needs to harvest and collect wild fruits, berries, nuts, mushrooms, other forest resources suitable for human consumption (forest food resources), as well as non-timber forest resources" (this phrase is borrowed from the Forest Code, and therefore does not carry any new semantic load).

2. In accordance with the new Rules, persons engaged in the use of forests for agriculture are obliged to "carry out sanitary and recreational activities (cutting down dead and damaged forest plantations, cleaning forests from littering, pollution and other negative impacts) in accordance with paragraph 4 parts 1 article 55 of the Forest Code of the Russian Federation".

3. The new rules clarify that persons who use forests for agriculture are required to "comply with the requirements of paragraph 13 of the Rules for fire safety in forests approved by Decree of the Government of the Russian Federation of June 30, 2007 No. forest users are obliged to comply with the norms for the availability of means of preventing and extinguishing forest fires, keeping the means of preventing and extinguishing forest fires in readiness during the fire season, as well as to take possible measures to prevent the spread of a forest fire when it is detected in the corresponding forest area.

The Greenpeace Russia Forest Forum presents the new Rules for the use of forests for agriculture:

FEDERAL FOREST AGENCY

ON THE APPROVAL OF THE RULES FOR THE USE OF FORESTS FOR AGRICULTURE

In accordance with Article 38 of the Forest Code of the Russian Federation (Collected Legislation of the Russian Federation, 2006, N 50, Art. 5278; 2008, N 20, Art. 2251, N 30 (Part I), Art. 3597, Art. 3599, N 30 (part II), art. 3616, No. 52 (part I), art. 6236; 2009, No. 11, art. 1261, No. 29, art. 3601, No. 30, art. 3735, No. 52 (part I), article 6441; 2010, N 30, article 3998; 2011, N 1, article 54, N 25, article 3530, N 27, article 3880, N 29, article 4291, N 30 ( part I), art. 4590) I order:

approve the attached Rules for the use of forests for agriculture.

Head V.N. Maslyakov

Approved by order of the Federal Forestry Agency dated December 05, 2011 No. 509

REGULATIONS FOR THE USE OF FORESTS FOR AGRICULTURE

I. General provisions

1. These Rules for the use of forests for agriculture (hereinafter referred to as the Rules) are developed in accordance with Article 38 of the Forest Code of the Russian Federation (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 2006, N 50, Art. 5278; 2008, N 20, Art. 2251, N 30 (Part I), Article 3597, Article 3599, No. 30 (Part II), Article 3616, No. 52 (Part I), Article 6236; 2009, No. 11, Article 1261, No. 29 , Article 3601, No. 30, Article 3735, No. 52 (Part I), Article 6441; 2010, No. 30, Article 3998; 2011, No. 1, Article 54, No. 25, Article 3530, N 27, Article 3880, N 29, Article 4291, N 30 (Part I), Article 4590) (hereinafter referred to as the Forest Code of the Russian Federation) and regulate relations arising from the use of forests for agriculture.

2. In forests located in water protection zones, agriculture is prohibited, with the exception of haymaking and beekeeping.

Within the boundaries of coastal protective strips, plowing of land, grazing of farm animals and the organization of summer camps and baths for them is prohibited.

Farming is prohibited in forested areas.

In green zones, agriculture is prohibited, with the exception of haymaking and beekeeping, as well as the erection of fences for the purpose of haymaking and beekeeping.

Farming is prohibited in urban forests.

Agriculture is prohibited in protected forest areas.

In specially protected areas of forests, with the exception of protected forest areas, agriculture is prohibited, with the exception of haymaking and beekeeping.

3. Citizens have the right to freely and free of charge stay in the forests and for their own needs to carry out the preparation and collection of wild fruits, berries, nuts, mushrooms, other forest resources suitable for human consumption (food forest resources), as well as non-timber forest resources.

4. Forests can be used for agriculture (haymaking, grazing of farm animals, beekeeping, reindeer herding, growing crops and other agricultural activities.

5. Citizens, legal entities use forests for agriculture on the basis of forest lease agreements.

6. For the use of forests by citizens for the purpose of carrying out agricultural activities (including beekeeping) for their own needs, forest plots are provided for free fixed-term use or an easement is established in cases specified by the Land Code of the Russian Federation and the Civil Code of the Russian Federation.

7. Non-compliance by citizens, legal entities engaged in the use of forests with the forestry regulations and the forest development project is the basis for early termination of the lease agreement for a forest plot, as well as forcible termination of the right to permanent (unlimited) use of a forest plot or gratuitous fixed-term use of a forest plot.

8. The use of forests for agriculture may be limited in cases provided for by Part 2 of Article 27 of the Forest Code of the Russian Federation.

9. These Rules for conducting agriculture are applied in all forest regions of the Russian Federation (except for reindeer husbandry). Reindeer breeding is carried out in forest areas located in the forest zone of near-tundra forests and sparse taiga and taiga forest zone of the Russian Federation.

II. Rights and obligations of citizens, legal entities using forests for agriculture

10. Citizens, legal entities using forests for agriculture have the right:

carry out the use of forests in accordance with the terms of the lease agreement for a forest plot (agreement for gratuitous fixed-term use);

create, in accordance with Part 1 of Article 13 of the Forest Code of the Russian Federation, forest infrastructure (forest roads, timber warehouses, etc.);

place beehives and apiaries in accordance with Part 2 of Article 38 of the Forest Code of the Russian Federation on the provided forest plots, erect fences, sheds and other temporary structures;

have other rights, if their implementation does not contradict the requirements of the legislation of the Russian Federation.

11. Citizens, legal entities using forests for agriculture are obliged to:

draw up a forest development project in accordance with part 1 of article 88 of the Forest Code of the Russian Federation;

carry out sanitary and recreational activities (cutting down dead and damaged forest plantations, cleaning forests from littering, pollution and other negative impacts) in accordance with clause 4 of part 1 of article 55 of the Forest Code of the Russian Federation;

comply with the terms of the lease agreement for a forest plot (contract for gratuitous fixed-term use);

comply with the requirements of paragraph 13 of the Rules for fire safety in forests approved by Decree of the Government of the Russian Federation of June 30, 2007 N 417 6, article 671);

in accordance with Part 2 of Article 26 of the Forest Code of the Russian Federation, file a forest declaration annually;

in accordance with part 1 of article 49 of the Forest Code of the Russian Federation, submit a report on the use of forests;

in accordance with part 1 of article 60 of the Forest Code of the Russian Federation, submit a report on the protection and protection of forests;

in accordance with part 4 of article 91 of the Forest Code of the Russian Federation, submit to the state forest register in the prescribed manner documented information provided for by part 2 of article 91 of the Forest Code of the Russian Federation;

perform other duties stipulated by the forest legislation of the Russian Federation.

III. Requirements for the use of forests for agriculture

12. Use of forests for haymaking.

For haymaking, non-forest lands are used, as well as unforested cutting areas, clearings and other lands not covered with forest vegetation, until reforestation is carried out on them.

In necessary cases, suitable for this purpose areas of low-value forest plantations, which are not planned for reconstruction, can be used for haymaking.

13. Use of forests for grazing farm animals.

For grazing farm animals, non-forest lands, as well as unforested clearings, clearings, clearings and other lands not covered with forest vegetation, are used until reforestation is carried out on them.

Grazing of farm animals is not allowed in the areas:

occupied by forest crops, natural young stands of valuable tree species, plantations with developed viable undergrowth;

breeding forest seed, pine, spruce-fir, willow, hardwood, walnut plantations;

with projected activities to promote natural reforestation and reforestation with coniferous and hardwood species;

with easily eroded and dispersed soils.

Farm animal owners provide:

fencing of livestock passes or pastures to avoid damage to forest crops, nurseries, young stands of natural origin and other valuable forest areas;

grazing of farm animals by a shepherd (with the exception of grazing in fenced areas or on a leash).

Goat grazing is allowed only in forest areas previously fenced by the owners of agricultural animals or on a leash.

14. Beekeeping.

As a food base for honey bees, forest areas are used, on which there are honey plants as part of the tree, shrub or grass-shrub layer.

Forest plots for the placement of beehives and apiaries are provided, first of all, on the edges of the forest, clearings and other lands not covered with forest vegetation.

15. Reindeer breeding.

When conducting reindeer husbandry in accordance with Article 48 of the Forest Code of the Russian Federation, the protection of the original habitat of the indigenous peoples of the North, Siberia and the Far East of the Russian Federation, their traditional way of life in accordance with Federal Law of April 30, 1999 N 82-FZ "On guarantees of the rights of indigenous peoples of the Russian Federation" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 1999, N 18, item 2208; 2004, N 35, item 3607; 2007, N 27, item 3213; 2008, N 20, item 2251; 2009, N 1, item 17; N 14, item 1575).

For the implementation of reindeer breeding, forest areas in forest areas located within the forest zone of near-tundra forests and the rare taiga and taiga forest zone of the Russian Federation are used as a food base.

On forest plots provided to citizens and legal entities for conducting reindeer herding, pasture rotations are used, which do not lead to deterioration of the ground cover and soil surface of such areas.

16. Growing crops and other agricultural activities.

For the cultivation of crops and other agricultural activities, non-forest lands, as well as unforested cutting areas, clearings and other lands not covered with forest vegetation, are used until reforestation is carried out on them.

In forest areas used for growing crops and other agricultural activities, chemical and biological preparations are used in accordance with the Federal Law of July 19, 1997 N 109-FZ "On the safe handling of pesticides and agrochemicals" (Collected Legislation of the Russian Federation, 1997 , N 29, item 3510; 2003, N 2, item 153, item 167; 2004, N 27, item 2711; 2006, N 43, item 4412; 2008, N 26, item 3022; 2009, No. 1, article 17, article 21; 2010, No. 41 (part II), article 5189; 2011, No. 30 (part I), article 4590)."

MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT OF THE RUSSIAN FEDERATION

ORDER

On approval of the rules for the use of forests for agriculture


Document as amended by:
(Official Internet portal of legal information www.pravo.gov.ru, 11/09/2018, N 0001201811090026).
____________________________________________________________________


In accordance with (Collected Legislation of the Russian Federation, 2006, N 50, Art. 5278; 2008, N 20, Art. 2251, N 30, Art. 3597, Art. 3599, Art. 3616, N 52, Art. 6236; 2009 , N 11, item 1261, N 29, item 3601, N 30, item 3735, N 52, item 6441; 2010, N 30, item 3998; 2011, N 1, item 54, N 25, 3530, N 27, 3880, N 29, 4291, N 30, 4590, N 48, 6732, N 50, 7343, 2012, N 26, 3446, N 31 , Art.4322; 2013, N 51, Art.6680, N 52, Art.6961, Art.6971, Art.6980; 2014, N 11, Art.1092, N 26, Art.3377, Art.3386, N 30, item 4251; 2015, N 27, item 3997, N 29, item 4350, item 4359; 2016, N 1, item 75, N 18, item 2495, N 26, item 3875, item .3887, N 27, art.4198, art.4294)

I order:

Approve the attached Rules for the use of forests for agriculture.

Minister
S.E. Donskoy

Registered
at the Ministry of Justice
Russian Federation
August 24, 2017,
registration N 47937

Rules for the use of forests for agriculture

I. General provisions

1. These Rules for the use of forests for agriculture (hereinafter referred to as the Rules) are developed in accordance with Article 38 of the Forest Code of the Russian Federation and govern relations arising from the use of forests for agriculture.

2. Farming is prohibited:

in forests located in water protection zones, with the exception of haymaking and beekeeping;
________________
Paragraph 3 of Part 1 of Article 104 of the Forest Code of the Russian Federation.


in forested areas;
________________
Clause 3 of part 3 of article 105 of the Forest Code of the Russian Federation.


in green areas, with the exception of haymaking and beekeeping. Also, in green areas, the construction of fences for the purpose of haymaking and beekeeping is prohibited;
________________
Clause 2 of part 5 of article 105 of the Forest Code of the Russian Federation.


in urban forests;
________________
Part 5.1 of Article 105 of the Forest Code of the Russian Federation.

in protected forest areas;
________________
Part 2 of Article 107 of the Forest Code of the Russian Federation.


in specially protected areas of forests specified in part 2 of article 107 of the Forest Code of the Russian Federation, with the exception of haymaking and beekeeping;
________________
Part 2.1 of Article 107 of the Forest Code of the Russian Federation.

2.1. Within the boundaries of coastal protective strips, plowing of land, grazing of farm animals and the organization of summer camps and baths for them is prohibited.
________________
Paragraphs 1, 3 of part 17 of Article 65 of the Water Code of the Russian Federation (Collected Legislation of the Russian Federation, 2006, No. 3, Art. 2381; No. 50, Art. 5279; 2007, No. 26, Art. 3075; 2008, No. 29, Art. 3418; N 30, item 3616; 2009, N 30, item 3735; N 52, item 6441; 2011, N 1, item 32; N 29, item 4281; N 30, item 4590; N 30 , item 4594).

3. Citizens have the right to freely and free of charge stay in the forests and for their own needs to carry out the preparation and collection of wild fruits, berries, nuts, mushrooms, other forest resources suitable for human consumption (food forest resources), as well as non-timber forest resources.
________________
Part 1 of Article 11 of the Forest Code of the Russian Federation.

4. Forests can be used for agriculture (haymaking, grazing of farm animals, beekeeping, reindeer breeding, commercial aquaculture (commercial fish farming), growing crops and other agricultural activities).
(Paragraph as amended, entered into force on November 20, 2018 by order of the Ministry of Natural Resources of Russia dated October 17, 2018 N 526.

5. Citizens, legal entities use forests for agriculture on the basis of forest lease agreements.
________________
Part 3 of Article 38 of the Forest Code of the Russian Federation.

6. For the use of forests by citizens for the purpose of carrying out agricultural activities (including beekeeping) for their own needs, forest plots are provided for free use or an easement is established in cases specified by the Land Code of the Russian Federation (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 2001, No. 44, art. 4147; 2016, N 27, art. 4306) and the Civil Code of the Russian Federation (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 1994, N 32, art. 3301; 2017, N 14, art. 1998).
________________
Part 3.1 of Article 38 of the Forest Code of the Russian Federation.

7. Non-compliance by citizens, legal entities engaged in the use of forests with the forestry regulations and the forest development project is the basis for early termination of lease agreements for a forest plot, as well as forcible termination of the right to permanent (unlimited) use of a forest plot or free use of a forest plot.
________________
Part 2 of Article 24 of the Forest Code of the Russian Federation.

8. The use of forests for agriculture may be limited in cases provided for by Part 2 of Article 27 of the Forest Code of the Russian Federation.

9. These Rules for conducting agriculture are applied in all forest regions of the Russian Federation (except for reindeer husbandry). Reindeer breeding is carried out in forest areas located in the forest zone of near-tundra forests and sparse taiga and taiga forest zone of the Russian Federation.

II. Rights and obligations of citizens, legal entities using forests for agriculture

10. Citizens, legal entities using forests for agriculture have the right:

carry out the use of forests in accordance with the terms of the lease agreement for a forest plot (agreement for gratuitous fixed-term use);

create, in accordance with Part 1 of Article 13 of the Forest Code of the Russian Federation, forest infrastructure, including forest roads;

place beehives and apiaries in accordance with Part 2 of Article 38 of the Forest Code of the Russian Federation on the provided forest plots, erect fences, sheds and other temporary structures.

11. Citizens, legal entities using forests for agriculture are obliged to:

draw up a forest development project in accordance with part 1 of article 88 of the Forest Code of the Russian Federation;

to implement sanitary safety measures in forests, including sanitary and health-improving and preventive measures to protect forests in accordance with the legislation of the Russian Federation;
________________
.


comply with the terms of the lease agreement for a forest plot (contract for gratuitous use);

comply with the requirements of paragraph 13 of the Rules for Fire Safety in Forests, approved by Decree of the Government of the Russian Federation of June 30, 2007 N 417 (Collected Legislation of the Russian Federation, 2007, N 28, Art. 3432; 2011, N 20, Art. 2820; 2012, N 46 , art. 6339);

in accordance with Part 2 of Article 26 of the Forest Code of the Russian Federation, file a forest declaration annually;

in accordance with part 1 of article 49 of the Forest Code of the Russian Federation, submit a report on the use of forests;

in accordance with Part 1 of Article 60 of the Forest Code of the Russian Federation, submit a report on the protection of forests from fires;

in accordance with part 4 of article 91 of the Forest Code of the Russian Federation, submit to the state forest register in the manner established by law Russian Federation, documented information provided for by Part 2 of Article 91 of the Forest Code of the Russian Federation.

III. Requirements for the use of forests for agriculture

12. Use of forests for haymaking.

For haymaking, non-forest lands, as well as unforested cutting areas, clearings and other lands not covered with forest vegetation, should be used until reforestation is carried out on them.

In necessary cases, suitable for this purpose areas of low-value forest plantations, which are not planned for reconstruction, can be used for haymaking.

13. Use of forests for grazing farm animals.

For grazing farm animals, non-forest lands, as well as unforested clearings, clearings, clearings and other lands not covered with forest vegetation, should be used until reforestation is carried out on them.

Grazing of farm animals is not allowed in the areas: occupied by forest plantations, natural young growths of valuable tree species, plantations with developed viable undergrowth;

breeding forest seed, pine, spruce-fir, willow, hardwood, walnut plantations;

with projected activities to promote natural reforestation and reforestation with coniferous and hardwood species;

with easily eroded and dispersed soils.

Owners of farm animals must ensure: fencing of cattle drives or pastures to avoid damage to forest crops, nurseries, young growth of natural origin and other valuable forest areas;

grazing of farm animals by a shepherd (with the exception of grazing in fenced areas or on a leash).

Goat grazing is allowed only in forest areas previously fenced by the owners of agricultural animals or on a leash.

For the implementation of antler reindeer breeding (maral breeding), forest areas in the habitats of animals used for red deer breeding should be used as a food base.

On forest plots provided for antler reindeer breeding (maral breeding), the erection of fences is allowed.

14. Beekeeping.

As a food base for honey bees, forest areas should be used, where honey plants are present in the tree, shrub or grass-shrub layer.

Forest plots for the placement of beehives and apiaries should be provided, first of all, on the edges of the forest, clearings and other lands not covered with forest vegetation.

15. Reindeer breeding.

When using forests for the purpose of conducting reindeer herding in places of traditional residence and economic activity of persons belonging to the indigenous peoples of the North, Siberia and the Far East of the Russian Federation, the protection of the original habitat of these peoples and their traditional way of life in accordance with the Federal Law from April 30, 1999 N 82-FZ "On Guarantees of the Rights of Indigenous Peoples of the Russian Federation" (Collected Legislation of the Russian Federation, 1999, N 18, Art. 2208; 2015, N 29, Art. 4382).
________________
.


For the implementation of reindeer breeding, forest plots in forest areas located within the forest zone of near-tundra forests and the sparse taiga and taiga forest zone of the Russian Federation should be used as a food base.

On forest plots provided to citizens and legal entities for conducting reindeer herding, pasture rotation should be used that does not lead to deterioration of the ground cover and soil surface of such plots.

15.1. Commercial aquaculture (commercial fish farming).

For the implementation of commercial aquaculture (commercial fish farming), forest areas located primarily along water bodies should be used.

Forest plots for the implementation of commercial aquaculture (commercial fish farming) should be provided, first of all, on the edges of the forest, clearings and other lands not covered with forest vegetation.
(The paragraph was additionally included from November 20, 2018 by order of the Ministry of Natural Resources of Russia dated October 17, 2018 N 526)

16. Growing crops and other agricultural activities.

For growing crops, non-forest lands, as well as unforested cutting areas, clearings and other lands not covered with forest vegetation, should be used until reforestation is carried out on them.

In forest areas used for growing crops and other agricultural activities, chemical and biological preparations may be used.
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Federal Law No. 109-FZ of July 19, 1997 "On Safe Handling of Pesticides and Agrochemicals" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1997, No. 29, Art. 3510 ; 2003, N 2, art.153, art.167; 2004, N 27, article 2711; 2006, N 43, art. 4412; 2008, N 26, article 3022; 2009, N 1, article 17, article 21; 2010, N 41, article 5189; 2011, N 30, art. 4590; 2015, N 29, article 4359; 2017, N 17, article 2452).

17. It is prohibited to use lands occupied by forest plantations, natural young stands of valuable tree species, selective forest seed, pine, spruce-fir, willow, hardwood, walnut plantations, with planned measures to promote natural reforestation and reforestation with coniferous and hardwood species, with easily eroded and dispersed soils.

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