For the first time in the pages of “HORN” question about forest lease for hunting purposes, was raised three years ago.
I suggest to remember how it was. In room # 32 in 2014 published an open letter to the Deputy Minister of natural resources and ecology of the Russian Federation, head of the Federal forestry Agency Lebedev Vladimir Albertovich, in which the author proposed to Supplement Federal law “About hunting…” and Forest code of the Russian Federation regarding the conclusion of lease contracts of forest plots for hunting purposes, if it is not necessary to produce the felling of trees for construction of objects of hunting infrastructure.
An open letter remained unanswered, what was the reason for the appeal to the Prosecutor General of the Russian Federation on violation the official of the Ministry of Russia of the Federal law of 02.05.2006 № 59-FZ “On procedure of consideration of citizens of the Russian Federation”.
The Prosecutor General of the Russian Federation ordered the Russian Ministry of natural resources reply to the open letter. The author of the open letter received a response the Ministry of natural resources, signed by I. V., a Valentine, who by that time was replaced by V. A. Lebedev on a post of the Deputy Minister — the head of the Federal forestry Agency.
From the response indicated that the Ministry of Russia is considering the question of changes in the legislation of the Russian Federation in terms of eliminating the need for the conclusion of contracts of forest plots in the implementation of biotechnical measures not requiring the construction of objects of capital construction and felling of forest plantations in forest areas.
Response the Ministry of natural resources was published on the pages of “HORN” in No. 7 for the year 2015.
As time went on, the hunters ‘ organisations were looking forward to the results of legislative work of the Ministry of Russia. Waited, when the State Duma will adopt amendments into the acting legislation, the Ministry of natural resources and ecology of the Tver region the gift of time is not lost trying to impose administrative fines public organization of hunters for violation of article 25 of the Federal law “About hunting…”, that is, for the lack of leases of forest land for hunting needs.
Tver Interdistrict environmental Prosecutor’s office, after reviewing the results of scheduled inspections conducted by the Ministry of natural resources and ecology of the Tver region, the requirements presented for compulsory execution, in his letter of 03.09.2015 No. 104ж-2015 stated: “the Analysis of the current legislation showed that there is a gap in the legal regulation in this sphere”.
The Prosecutor’s office to punish public associations of hunters for the lack of rental agreements came to the defense of hunting organizations.
But for the Ministry of natural resources and ecology of the Tver region protection organizations of hunters from the Tver Interdistrict environmental Prosecutor’s office was the go-ahead for the implementation of the illegal activities in respect of hunting associations. Even the long-awaited Federal law of 23.06.2016 No. 206-FZ “On amendments to certain legislative acts of the Russian Federation concerning the management of forests and lands to carry out activities in the sphere of hunting economy”, which will take effect from 1 January 2017, only poured oil on the fire.
4 August 2016 the Ministry of natural resources and ecology of the Tver region conducts regular checks and is protocols on involvement of Public associations of hunters and fishermen and their leaders to administrative responsibility for failure to comply with regulations about necessity of the conclusion of lease contracts of forest plots for implementation of activities in the sphere of hunting.
The court has considered the statements invalidate protocols on the involvement of NGOs and their leaders to administrative responsibility in the form of a fine, fully satisfied the statement and declared illegal and subject to cancellation protocols on bringing to administrative responsibility, compiled by workers of the Ministry of natural resources and ecology of the Tver region.
Wonder how should not respect themselves in public service, so rude, to reproach the recommendations of the prosecution and the requirements of the legislative acts of the Russian Federation.
I want to note that in accordance with article 68 of the Federal law dated 27.07.2004 No. 79-FZ “On state civil service of the Russian Federation” the persons guilty of violation of the legislation of the Russian Federation on state civil service of the Russian Federation shall be prosecuted in the manner prescribed by this Federal law and other Federal laws.
Whether the perpetrators are brought to justice, hard to say. To date, the Shuvaev Vadim, Yuditskii Sergey and his team remain at the helm of the Ministry of natural resources and ecology of the Tver region.
It would be very desirable that the newly elected Governor of the Tver region Rodina Igor Mikhailovich gave a legal assessment of the performances of officials from hunting of the Ministry of natural resources and ecology of the Tver region, especially since the court’s decision is the legal basis for the legal solution of this issue.
Note to hunters and hunting users. Federal law of 23.06.2016 No. 206-FZ “On amendments to certain legislative acts of the Russian Federation concerning the management of forests and lands to carry out activities in the sphere of the hunting economy”, will take effect from 1 January 2017. But there is another obstacle to the conclusion of the contract of rent of forest land for activities in the sphere of hunting.
In accordance with paragraph 1 of article 4.1. Federal law of 04.12.2006 № 201-FZ “On introduction of the Forest code of the Russian Federation” (as amended on 29.12.2014) from 1 January 2015 rent includes forest areas which have undergone state cadastral registration.
Statement on state cadastral registration is the owner of the land (forest) parcel, or an interested party, in accordance with the Federal law of 24.07.2007 № 221-FZ “On state real estate cadastre”.
And when the end statement on the state cadastral account, is hard to say. The state, as always, there are no funds.