New Rules for Forested Area Leases.

21.10.2011

Legal Update No. 281.

Goltsblat BLP advises that a new Procedure has been approved for preparing and concluding leases for state/municipally-owned forested areas, as well as templates for these (hereinafter - the Procedure).

The change in the Procedure was triggered by redistribution of powers between the Russian Ministry of Agriculture and the Federal Forestry Agency, as well as amendments to the forest legislation. The previous procedure adopted by Order No. 48 of the RF Ministry of Agriculture, dated 12 February 2010, expired on 16 October 2011.

Key changes in preparation and conclusion of forested area leases:

1. There is an inexhaustive list of purposes for which forested areas may be leased - other forest use situations are possible, depending on the designated purpose of the land plot accommodating these forests.

2. If a lease is concluded without a tender (for example, for (re)construction or maintenance of linear facilities), the forest lease application should be accompanied by:

  • Copies of enabling or entitling documents to the facilities to be reconstructed (if the forested areas are leased for reconstruction of linear facilities);
  • An On-site Technical Survey Certificate for the forested area if the latter is provided without registration in the State Cadastre.

Order No. 319 of the Federal Forestry Agency, dated 26 July 2011, came into effect on 24 October 2011 (registered under No. 21965 on 3 October 2011 by the Russian Federation Ministry of Justice).

For additional information, please contact:

Vitaly Mozharowski
Partner, Real Estate and Construction, Goltsblat BLP
T: +7 (495) 287 44 44,
E: info@gblplaw.com

Yuri Chernobrivtsev
Partner, Real Estate and Construction, Goltsblat BLP
T: +7 (495) 287 44 44,
E: info@gblplaw.com

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