The future of Russian forests

The Presidium of the Supreme Arbitration Court of the Russian Federation by the Decision dated 17.12.2013 № 12157/13 finally confirmed the lack of opportunity to amend the lease contracts of forest plots for timber referring to the correct application of part 2 of article 74 of the Forest code of the Russian Federation, which indicates that at the conclusion of the lease contract of the forest plot which is in state or municipal ownership, the results of the auction change of conditions of auction on the basis of the agreement of the parties to such agreement or at the request of one of its sides is not permitted, except as provided by part 7 of article 53.7 of this Code.

I.e. to make changes to the rental contract may make the case that the effects of an emergency (related to forest fires) led to a significant change of circumstances from which the parties to the contract of lease existing at the conclusion of the contract (in short have to hurry to burn the forest to emergencies and the ability to modify and terminate the contracts).
This decision calls into question the entire future of forests.

The forest is a living organism changing groups and age classes. Accordingly, in one of the revision period (10 years), the volume of cuttings can be alone, and when the next forest management they can change and by categories and types. The annual amount of forest use may be less or more. The goal of cuttings is the formation of optimal age structure of stands towards a balance of young, middle-aged, maturing and Mature stands. Old plantings die off and pass into subsequent to the discharge of the dead (sanitary cuttings).
And that's what happens. Now it is almost impossible to conduct forestry according to the volumes prescribed in the forest management and forestry regulations, because you cannot make changes to the lease agreements.

However, other orders of all forest management activities are not provided:
To run the leased territory other third parties under contracts of sale of forest plantations for timber, the legislator does not give;
The same forest plot cannot be transferred in rent for the same type of forest use;
Part 2 of article 55 of the Forest code of the Russian Federation clearly indicates that health activities (felling of dead and damaged forest stands, clearing of forests from debris, pollution and other negative impacts) is conducted by tenants on the basis of the forest development project.
Here's the thing. Change the contract will not give. And the forest is already beginning to fall. The townsfolk blame the tenants for the windfall, the windfall, the clutter of woods, dead wood, and to blame our Russian LAW. And there's all this and will start to burn - the dry and wind-fallen. In short people like our stuff......

Translated by «Yandex.Translator»

Hello!
Indeed this decree of the Presidium of the Supreme Arbitration Court of the Russian Federation finally put an end to the impossibility to amend the lease on harvesting volumes and rents.
And what about those who:
- passed the forest and changed the volume or upwards or downwards;
- began to deteriorate sanitary condition of forests and the necessity of carrying out sanitary felling;
- and in other similar cases.
Because the forest is a living organism and it is impossible to predict what will happen over 49 years (the term of which usually sign the rental contract). And now it turns out that one solution is to terminate the lease agreement, conduct a forest inventory and then re-hold the auction to sell the right to conclude the lease agreement for timber harvesting.
Maybe someone has found a way out of this situation, prompt...
Translated by «Yandex.Translator»

Edited Директор (Feb. 22, 2014 10:56:27)

The tenants of the forest were allowed to pay for the actual wood

The Federation Council approved amendments to the articles of the Forest code, allowing the tenants of the forest to change fees when you change the actual volumes of timber through the courts.
Since 2007, the forest plots located on the territory of the Kirov region began to actively lease at auction. The main document in the conduct of the auction is conducted forest taxation - in other words, the survey and evaluation plots: the size, the quality of trees, volumes of timber. These indicators define, how many each year, you can cut down on this part of the forest, and therefore, what profit will be received by the tenant.

After the forest areas were leased, tenants filed in the Department of forestry Declaration of the results of their surveys of forest plots. And then there was a significant discrepancy of volume of harvested timber. Turned out that the real stock of timber, in most cases, was less than on paper. For example, on auction 62 thousand cubic metres, won the auction and when the entrepreneur has entered the forest, he saw at the root of all 32 thousand cubic meters. In the forestry Agency were forced to sign additional agreement on reduction of rent payments for the forest. But against such agreements were made by the Prosecutor, and the court found its arguments to be substantiated.

In the end, the Rangers got on many millions of rubles. For example, in Afanasyevsky district to "trap" were 13 tenants. Each of them depending on the volume of allowable cut "hit" is not their fault in the amount of from one to 15 million rubles. As told by a local forest, the lessee, if the average price of a cube when the real forest is about 50 rubles, while the "paper Christmas trees" - 800. Cube forests for another Vyatka woodcutter cost in terms of rent for three years to 1.8 thousand rubles. While this does not include the cost of harvesting, hauling, processing.

Member of the Council of Federation of the Kirov region Oleg Kazakovtsev was twice submitted to the State Duma bills on legal settlements of disagreements, but they were rejected. Finally, on 9 July, the legislature passed amendments to articles 74 and 81 of the Forestry code. They soon must be signed by the President of Russia. These amendments allow tenants to apply to the arbitration court for settlement of the respective legal relations with deplasata, if the auction results do not match with the real forest.

http://www.newsler.ru/
Translated by «Yandex.Translator»