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Article 4. The basic concepts used in this Code of the Forest Code of the Republic of Kazakhstan

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 4. The basic concepts used in this Code of the Forest Code of the Republic of Kazakhstan  

     The following basic concepts are used in this Code:

     1) agroforestry plantation is a protective forest plantation that reduces the impact of natural factors unfavorable to agriculture.;

     2) breeding of tree and shrub species (forest breeding) – a set of measures for the selection in natural populations or the artificial production of forms and varieties of forest species having economic and other value;

     3) logging is a forest area where a plantation has been cut down, but a new generation of forest has not yet formed.;

     4) illegal logging is the felling of trees and shrubs in the forest fund of the Republic of Kazakhstan, including those damaged and killed as a result of natural, anthropogenic and man–made factors: without a logging ticket; according to a logging ticket made in violation of the rules for logging in areas of the state forest fund, committed in violation of the deadlines set in the logging ticket; logging in sizes exceeding the estimated cutting area;

     5) a clearing is a forest area devoid of trees, but retaining elements of forest vegetation.;

     6) logging of intermediate use – logging of forest maintenance, selective sanitary logging and logging associated with the reconstruction of low-value forest plantations, as well as plantations losing protective, water protection and other functions, cutting of single trees in young forests;

     7) plantation plantations for special purposes – artificial plantations grown for industrial, energy, food and other purposes;

     8) a plus tree is a tree that significantly surpasses in one or more economically valuable features and properties the surrounding trees of the same age and phenological shape, growing with it in the same forest conditions.;

     9) archives of clones of plus trees – plantings created using vegetative offspring of plus trees in order to preserve their gene pool and study hereditary properties;

     10) a positive plantation is a highly productive and sustainable plantation for certain forest conditions;

     11) especially valuable woodlands – forests that are unique in their rock composition, with the presence of relict and endemic species; forests that are unique in productivity and genetic qualities; forests that perform important protective functions in difficult natural conditions;

     12) aerial photography – photographing an area from aircraft and other aircraft using an aerial camera in order to use aerial photographs for mapping, defining land boundaries; studying the environment and monitoring it;

     13) cutting of main use – cutting of ripe and over-ripe stands for harvesting wood;

     14) biological diversity – the variability of living organisms from all sources, including terrestrial, marine and other aquatic ecological systems and ecological complexes of which they are a part, including diversity within species, between species and diversity of ecological systems;

     15) biocenosis – a set of plants, animals and microorganisms inhabiting a certain, relatively homogeneous land or body of water and interacting with each other;

     16) gene pool – a set of genes of one group of individuals (population, group of populations or species), within which they are characterized by a certain frequency of occurrence;

     17) geographical crops are experimental crops created using special methods by seed offspring of the most characteristic populations of several ecotypes (climatypes) in order to test them in new conditions;

     18) derivative – a derivative of a plant and products made from it and its derivative;

     19) the economic threshold of harmfulness is the density of forest pests, at which the damage caused to forest resources exceeds the cost of combating these pests.;

     20) negative planting – planting of low productivity and poor quality for certain forest conditions;

     21) cutting area – a section of forest designated for logging of all types or under logging;

     22) allotment of cutting areas – measures to determine the boundaries in kind and taxation of cutting areas, marking of trees to be cut down, material and monetary assessment of the timber recorded in the cutting area;

     23) extra–cutting clutter is the natural loss of wood (trunks and branches) lying on the ground outside the cutting areas and not harvested for industrial purposes;

     24) felling age – the age of the stand, starting from which it goes from the category of ripe to the category of ripe and can be assigned to the main use cabin.;

     25) under–felling - trees or forest plots assigned to logging, but not cut down within the time stipulated by the logging ticket;

     26) urban forests are natural and (or) artificial plantings that perform primarily sanitary, hygienic and recreational functions, grow within the boundaries of an urban settlement and are part of the state forest fund.;

     27) normal planting – planting of high and medium productivity, good and medium quality for certain forest conditions;

     28) secondary wood resources (materials) (hereinafter referred to as secondary wood resources) – bark, branches, stumps, roots, leaves, buds of trees and shrubs;

     29) lands of the state forest fund – land plots allocated as part of the state forest fund under forest management for the purposes of state accounting of the forest fund, special mapping and planning of forestry activities;

     30) the category of the state forest fund is a part of the state forest fund allocated in accordance with the procedure established by the legislation of the Republic of Kazakhstan with a special protective, water protection, sanitary, hygienic, recreational, scientific or other special purpose, on the territory of which a special regime of forestry and forest management is established.;

     31) state forest management organization is a republican state–owned enterprise established by decision of the Government of the Republic of Kazakhstan;

     32) forest is a natural complex formed in a certain territory, based on a combination of woody and shrubby vegetation and other components of wildlife, interacting with the environment and having important ecological, economic and social significance.;

     33) forest diseases are pathological processes caused by unfavorable environmental factors or organisms that can be transmitted from diseased plants to healthy ones, and lead to changes in the structure of plants or their death;

     34) forest crops – artificially created plantations of forest tree and shrub species;

     35) forest and cultural fund – uncovered forest lands (deforestation, burning, clearings, redlands) and non-forest lands, afforestation of which is possible only through artificial forest cultivation;

     36) forest pests – organisms that damage forest plantations;

     37) forest ownership – the right of ownership and use of state forest fund plots granted by the Government of the Republic of Kazakhstan to state forest owners for forestry and forest management, operation of specially protected natural territories, as well as the right of ownership, use and disposal of private forest fund provided to private forest owners in accordance with the procedure established by this Code;

     38) forest owners are state organizations to which plots of the state forest fund are granted on the right of permanent land use, as well as citizens of the Republic of Kazakhstan and non–governmental legal entities of the Republic of Kazakhstan without foreign participation, whose property includes plots of private forest fund in accordance with this Code.;

     39) forest bypass – a part of the forestry territory assigned to one forester for its protection, determined in accordance with the procedure established by this Code and other regulatory legal acts of the Republic of Kazakhstan;

     40) state control in the field of protection, protection, use of the forest fund, reproduction of forests and afforestation – the activity of the authorized body in the field of forestry to check and monitor the inspected entities for compliance with their activities with the requirements established by the legislation of the Republic of Kazakhstan, during the implementation and as a result of which law-restrictive measures may be applied without prompt response;

     40-1) state supervision in the field of protection, protection, use of the forest fund, reproduction of forests and afforestation – the activity of the authorized body in the field of forestry to verify and monitor compliance by the audited entities with the requirements of the legislation of the Republic of Kazakhstan, during the implementation and as a result of which law-restrictive measures may be applied, including prompt response;

     41) excluded by the Law of the Republic of Kazakhstan dated 05/24/2018 No. 156-VI (effective ten calendar days after the date of its first official publication);  

     42) use of the forest fund is the right of individuals and legal entities established by legislative acts of the Republic of Kazakhstan to use forests, as well as to use lands, waters and widespread minerals on the territory of the forest fund for economic and other purposes;

     43) inventory of the forest fund – a set of works on the description, mapping and determination of quantitative and qualitative indicators of individual forest fund sites;

44) a forest quarter is a part of the territory of the forest fund, delimited on the ground by clearings, natural boundaries (river banks, mountain ranges, roads, etc.), which serves for the organization of forestry;

     45) forest fire station – an object of the state forest owner, intended to accommodate the fire service and equipment, ensuring the implementation of measures to prevent forest fires and their timely elimination;

     46) afforestation – creation and cultivation of artificial forest plantations in territories that were not previously under forest;

     47) forest management is a legally and economically regulated activity for the use of forest resources and useful properties of forests;

     48) forest user – a natural or legal person who has been granted the right to temporary forest use in accordance with the procedure established by this Code;

     49) forest nursery – a plot of the territory of the forest fund intended for growing planting material of tree and shrub species;

     50) clearing – a strip freed from woody and shrubby vegetation laid out to mark the boundaries of forest areas or for other purposes;

     51) a forest allotment is a part of the territory of a forest quarter, homogeneous in terms of taxation characteristics, soil–typological conditions and economic significance, which is the primary forestry accounting unit.;

     52) a forest–seed plantation is an artificially created plantation of plants planted according to a special genetic scheme, which are seed or vegetative offspring of positive trees, intended for regular production (for a long time) of varietal, elite or hybrid seeds with specified hereditary properties and high sowing qualities.;

     53) forest seed production is a complex of measures for harvesting, processing, storage and use of forest seeds, control over their quality and origin, aimed at obtaining seeds with valuable hereditary properties and high sowing qualities;

     54) forestry is a branch of the economy engaged in the study and accounting of the forest fund, including measures for its protection and protection, forest reproduction and afforestation, regulation of forest management and control over its implementation;

     55) forestry engineering – a complex of works on the design of forestry, agroforestry, fire protection measures, construction of forestry and hunting facilities;

     56) forestry roads are forestry facilities with forestry and fire protection purposes that ensure the accessibility of forest areas for forestry and forest management;

     57) the state forestry institution (hereinafter referred to as the forestry institution) is an institution established in accordance with the procedure established by the legislation of the Republic of Kazakhstan for the implementation of measures for the protection and protection of the state forest fund, forest reproduction and afforestation, regulation of forest use;

     58) the authorized body in the field of forestry (hereinafter referred to as the authorized body) is a state body performing the functions of management, control and supervision in the field of protection, protection, use of forest resources, reproduction of forests and afforestation;

     59) forestry measures - a set of organizational and technical measures for the protection, protection of the forest fund, forest reproduction and afforestation, regulation of forest management, carried out on the basis of forest management materials;

     60) a forest workshop site is a part of the forestry territory consisting of two or more forest detours assigned to one forest master and intended for carrying out forestry activities;

     61) the fire season in the forest is a part of the calendar year determined by the authorized body in the field of forestry, the regional executive body based on climatic and weather factors, during which the threat of a forest fire is possible.;

     62) afforestation – artificial reforestation or natural overgrowth of non-forested lands;

     63) forest protection – a set of measures for the prevention and control of forest fires, illegal logging and other violations of forest legislation of the Republic of Kazakhstan;

     64) logging of forest maintenance – periodic maintenance of the forest, carried out by removing trees from the plantation that have lagged behind in growth or interfere with the growth of trees of the main species, in order to form highly productive and sustainable plantations.;

     65) forest renewal is a natural process of formation of a new generation of forest under the canopy of a stand, as well as in deforestation, burning and other areas previously occupied by the forest.;

     66) forest protection – a set of measures to protect forests from pests, forest diseases and the effects of adverse factors of a natural, anthropogenic and man-made nature, carried out by land and aviation methods;

     67) forest reproduction – the creation of forest crops or the implementation of measures to promote natural regeneration in areas previously occupied by the forest, including measures to care for the forest and its improvement;

     68) forest taxation (cutting area) – an event to identify, account for, and evaluate the qualitative and quantitative characteristics of forest resources, including stands intended for logging;

     69) forest cover – the degree of forest cover of any territory, determined by the ratio of forested land to its total area, expressed as a percentage;

     70) especially dangerous forest pests are harmful organisms capable of mass reproduction and spread, in which damage is caused to forests exceeding the economic threshold of harmfulness;

     71) forest genetic reserve is a forest area with a valuable part of the population of a species or subspecies of plants in terms of genetics and breeding;

     72) Uncrossed forest crops are crops created artificially (by sowing or planting), but not transferred to forested land.;

     73) sanitary condition of the forest is a characteristic of the state of the forest, containing information about the presence of clutter, drying and dry trees, the dynamics of the number of pests and the spread of forest diseases, and other negative factors negatively affecting the state of the forest.;

     74) forestry is a structural subdivision of a forest owner located within its borders, designed to plan and implement forestry measures and calculate the volume of forest use.;

     74-1) forest ecological system services (hereinafter referred to as forest ecosystem services) – benefits derived from the use of the forest, its functions, including useful properties, by individuals and legal entities operating on the territory of the forest fund and adjacent areas;

     75) gar is a forest area where a plantation has been destroyed by fire, and a new generation of forest has not yet formed.;

     76) undergrowth is a young generation of woody plants under the canopy of a forest or left in deforestation, capable of reaching the first tier or changing the parent stand.;

     77) sanitary logging – logging (selective, continuous), carried out in order to improve the sanitary condition of the forest, in which sick, damaged, shrinking and dry trees are cut down.;

     78) redina is a stand of trees of natural formation, except for young trees of the first and second grades of age, having a fullness of 0.1-0.2;

     79) podsochka – artificial damage to tree trunks during their growing season to obtain sap and sap from them;

     80) a stand of trees is a collection of trees that are the main component of forest plantations.;

     81) fast–growing tree and shrub species - tree and shrub species used to create special-purpose plantation plantations for industrial and energy purposes with intensive agricultural cultivation techniques;

     82) audit period – the period for which a forest management project for forestry or a management plan for a specially protected natural area has been developed.;

     83) permanent forest seed base – a set of breeding and seed-growing facilities geographically allocated in the state forest fund in accordance with the procedure established by the forest legislation of the Republic of Kazakhstan for obtaining seeds with valuable hereditary properties and high sowing qualities.;

     84) permanent forest–seed plot - highly productive for these forest-growing conditions formed areas of plantations of natural origin or forest crops created from seedlings or seedlings grown from seeds harvested from plus trees, in plus plantations, on forest-seed plantations intended for obtaining seeds for a long time;

     85) homestead is a type of land of the state forest fund, related to non–forest lands, represented by land plots occupied by residential and non-residential buildings related to forestry and the functioning of specially protected natural territories.;

     86) oleoresin is a resinous substance released when coniferous trees are damaged;

     87) kolochny forests are natural forests growing in the forest–steppe zone in small (from 0.1 to 30 hectares) plots.

 

 

 

  

  

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

 

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