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SCIENTIFIC AND THEORETICAL ANALYSIS OF THE RIGHT TO
USE FOREST LAND
O.NARZULLAEV
TASHKENT STATE UNIVERSITY OF LAW
Abstract.
This article on the basis of new definitions, improvement of
regulatory documents and their analysis reveals suggestions and comments on the
development of new legislation related to the use of forest lands. It also analyzes
the most important issues that will serve the further development of the theory of
land law. In terms of environmental law researched the legal regulation of legal
protection and use of forest lands, the role and importance of forest lands in the
system of natural resources, the origin of the right to protect and use forest lands
in the context of research, legal relationship related to compliance the norms, the
content of the norms aimed at regulating them, essence and problems of
application in practice, management system in the field of forest fund land use
and protection, powers of governing bodies, as well as the issue of legal liability
for violations of the legislation on the use of forest lands.
1.Introduction
The beginning of the third millennium is marked by two important trends.
First, modern civilization has faced global environmental challenges (climate
change, deforestation, ozone depletion, scarcity and pollution of fresh drinking
water, loss of soils and biodiversity, waste generation and the problem of
disposing of them). Second, the world is changing at a rapid pace. It is therefore
impossible to objectively assess the current situation by yesterday’s criteria.
Forests are one of the most common geographical landscapes on the planet’s
surface. Globally, about 29% of the land area, or more than 3,700 million hectares,
is occupied by forests, of which about one-third are farmed, and the rest is located
on non-productive or difficult-to-produce land. About 80% of the forests are
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situated in Latin America, Russia, Africa and North America, while the rest are
in Asia, Europe, Australia and Oceania. [1].
The forestry of our country is distinguished by the abundance and diversity
of flora, including unique ornamental and fruit trees, as well as medicinal plants.
Today, more than 300 species of plants and more than 180 species of animals of
the forest fund are included in the Red Book [2]. During the years of
independence, as a result of the implementation of fundamental reforms in the
field of forestry in Uzbekistan, the volume of forest land in the country has
increased significantly. Today, the volume of lands of the state forest fund is
25.2% of the total land area of the republic. In addition, the material and technical
base of the industry is physically and spiritually outdated and insufficiently
modernized, the work of attracting grants from international financial institutions
and donor organizations is slow, the lack of highly qualified specialists in this
field, the practical significance of some norms of forest legislation and lack of the
implementation mechanisms are causing difficulties in the development of the
sector, the reproduction, protection and efficient use of forests.
Forests are a source of fresh water, soil and air moisture, timber, by-products,
fruits, medicinal and food plants. Forests help to preserve and increase flora and
fauna, mitigate climate change, prevent the risk of cliffs in the mountains, solve
the problem of water scarcity, as well as has great importance in prevent the
catastrophic consequences of floods, combat soil erosion, stop the movement of
sand in desert areas, prevent wind erosion, improving the reclamation condition
(salinization, desertification, etc.) increasing pasture productivity. Most
importantly, has particular importance in improving the environmental situation
and preventing its negative consequences and ending them.
In the last three years, if we focus on the development trends of forest (plant)
legislation, about 30 normative legal acts have been adopted. In particular, the
Law of the Republic of Uzbekistan "On Forests" (new edition), Resolutions of the
President of the Republic of Uzbekistan "On the organization of the State
Committee of Forestry of the Republic of Uzbekistan", "On additional measures
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to increase forest use in the Republic", The concept of development of the forestry
system in the Republic of Uzbekistan until 2030, the resolution of the Cabinet of
Ministers "On measures to further improve the financing of forestry
development." They are, of course, aimed at regulating issues related to the
formation of modern forest legislation, the legal regulation of biodiversity and its
protection.
2. Materials and methods
Philosophy on the right to protect and use forest lands, economic and legal
doctrines, the interdependence of subjectivity and objectivity in the regulation of
social relations, taking into account the environmental factor in the socio-
economic development of society. In writing this article, the author used methods
such as comparative-legal, logical analysis, generalization of practical materials.
The problems associated with the research in the context of this article have
been studied to some extent by some legal scholars in the past on a general basis.
Research in this area can be viewed in the following three areas. The first
may include special studies aimed at studying the legal problems of forest fund
land protection and land use. This category of works includes works of F.S.
Namazov [3], Yu.O. Juraev [4], the second direction includes scientific research
on the rational use and management of land resources, scientific and theoretical
issues of land control, that is, the works of scientists such as M.M. Brinchuk, B.
V. Erofeev are noteworthy.
The third area is devoted to the research of issues such as environmental
protection, Forest Fund lands and philosophical problems of ecology. In this
regard, first of all, the research of scientists like A. Nigmatov, E. Hoshimova are
noteworthy. The scientific-theoretical ideas, opinions, research methods,
conceptual views developed in these studies, which are directly related to our
research, helped us to determine the goals and objectives of the article, the object
and subject of research, to determine the accuracy of the conclusions.
Legislation in the field of democratization of society and rational use and
protection of land resources is improving in independent Uzbekistan. As a result,
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international cooperation in this area has been harmonized, and the public's
interest in issues related to land use rights is growing. They are actively
cooperating with government agencies in the formation of land ownership among
the population and the protection of land. Adoption of the the Law "On Nature
Protection", Law "On amendments and additions to some legislative acts of the
Republic of Uzbekistan in order to increase the efficiency of use of agricultural
lands and forest lands", the resolution "On additional measures to increase the
efficiency of forestry in the republic" and other normative legal acts have become
very important for the protection and use of forest lands of the republic.
3. Results and discussion
We assume that the main purpose of the legislation in the field of forest
lands is,
first,
to regulate the activities of legal entities and individuals using forest
lands in accordance with the requirements of the law on forest lands;
secondly,
protection of the established law and order on forest lands from illegal actions or
omissions of legal entities and individuals who are subjects of forest fund plots
;
third,
to ensure social justice by guaranteeing the legitimate rights and interests
of the entities using the forest fund lands.
It should be noted that forest fund lands are of special ecological importance
and are forested lands, as well as lands allocated for forestry needs, even if they
are not covered by forests. The total land area of forest lands is 12020.8 thousand
hectares or 26.78% of the total land area. In the Republic of Karakalpakstan -
55.03, Navoi - 24.15, Tashkent - 4.9, Bukhara - 4.83, Kashkadarya - 3.43,
Surkhandarya - 2.70, Jizzakh - 2.41, Khorezm - 0.74; Namangan - 1.06,
Samarkand - 0.74, Fergana - 0.13, Syrdarya - 0.09, Andijan - 0.07 (in%, as of
January 1, 2020) [5].
The analysis of the system of forest land use rights (legislation) shows
that
:
From January 1, 2020, the system of lease of non-forest lands of the forest
fund was introduced;
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In January-September 2020, more than 29,000 hectares of non-forested
land of the Forest Fund were leased to 1,561 individuals and legal entities for up
to 49 years, subject to investment of 275 billion soums and more than $ 7 million,
creation of 4,300 new jobs;
From January 1, 2022, the lease of unused lands of the forest fund to
individuals and legal entities will be carried out through an electronic online
auction on the order of the State Committee for Forestry;
The following new forms of support for forest fund land users are being
introduced in order to increase the efficiency of forest fund land use, including
the establishment of new forests, job creation, encourage additional forest use,
and strengthen research activities.
Uzbekistan aims to increase forest area to 14 million hectares by 2030,
including 6 million hectares of forested land, increase the volume of seed
production to 840 tons per year, the number of bee colonies to 300 thousand, the
volume of agricultural production to 32 thousand tons per year, the volume of
medicinal plants to 11.6 thousand tons per year [6].
In this regard, it should also be noted that the legal literature focuses only on
the concept of forest and the concept of forest use rights. But we include in the
forest concept not only lands covered with trees, but also lands not covered with
trees, but allocated for these purposes. Forests play an important role in improving
the natural environment, improving human living conditions, protecting land,
water, flora and fauna, preserving them, and purifying the atmosphere.
Forest fund plots are part of the forest fund, their specific boundaries, area,
location, legal regime are recorded and shown in the drawing-cartographic
materials. The boundaries of the state forest fund plots may increase or decrease
at the expense of other land fund categories.
According to legislation of Uzbekistan, the concept of forest does not
include wildlife. Wildlife relations are regulated not by the scope of relations
governed by forest legislation, but by another area of law. Similarly, mineral
resources under forest lands are not regulated by forest legislation, but are
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included in the scope of relations regulated by mining legislation. For this reason,
it is also not possible to include the mineral resources in the forest in the concept
of forest.
Relationships in the field of land, water, subsoil resources and wildlife use
and forest use related to their protection shall be regulated by the relevant
legislation. For example, the LC, the Law on Subsoil Resources (new edition);
Law on Water and Water Use; Law on the Protection and Use of Wildlife.
Thus, according to the legislation of Uzbekistan on forests, in the legal
sense, a forest is a set of natural objects included in the forest fund, state-
registered, consisting of trees, shrubs and other plants, the order of use for
national economy, nature conservation (environmental) and other purposes.
Based on the above considerations, the following can be added to the signs
of the concept of forests:
first,
forests will be located on specially allotted lands, i.e., forest fund
lands;
secondly,
to be recognized as a forest at the disposal of legal entities and
individuals;
third,
it must be listed as a forest in state records.
Forest fund lands
are lands covered with forests, as well as lands not
covered with forests, but given for forestry needs.
Forest fund lands can be conditionally divided into two components:
1) lands covered with forests 2) lands allocated for forestry needs, even if
not forested. The Land Code of the Republic of Uzbekistan (Article 76) and
Article 8 of the Law of the Republic of Uzbekistan "On Forests" of April 15, 1999
(new edition) are the main normative documents regulating the forest fund and its
land use regime [7]. These laws determine the legal status of forest lands.
According to the normative documents, the concept of forest fund and the concept
of forest fund lands are compatible.
The main task of forest fund land use is to ensure biodiversity and timber
cultivation. Here, land is the main means of production. Therefore, most of the
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forest fund lands are forested lands. In addition, forest lands include lands that are
not covered by forests, but are intended for forestry.
In addition, forest fund lands include lands that are not covered with forest
and are not intended for tree planting, but are required for forestry. These include
forest roads, ditches, swamps, and sand dunes. According to the current forest
legislation, all forests in the country form a single state forest fund.
Lands for other purposes may be transferred to forest lands in accordance
with the established procedure for the establishment of forests, stopping the
expansion of ravines, the creation of protected forests and green areas around
cities and industrial centers.
State forestry bodies may lease unused lands of the forest fund to
individuals and legal entities.
Unused lands of the Forest Fund may be leased to individuals and legal
entities on the basis of an investment agreement or public-private partnership for
a period of not less than three years and not more than forty-nine years.
Forest fund lands may be leased, including for possession, use in the
manner prescribed by law. For example, Articles 8 and 15 of the Law on Forests;
Paragraph 6 of Article 6 of LC, Resolution of the Cabinet of Ministers of the
Republic of Uzbekistan dated December 12, 2019 No 993 "On approval of the
Regulation on the procedure for leasing the plots of State Forest Fund" [8].
When it comes to the procedure for allocating land to the forest fund lands,
it is issued only in the manner prescribed by law [9]. Thus, only the main purpose
of land use will change, ie land plots of one category will be transferred to another.
4. Conclusions
It can also be used for agricultural purposes on forest lands. Forest fund
lands include lands that are not used for forestry, but are important for agriculture.
These are, for example, hayfields and meadows. Forestry authorities have the
right to lease these plots of land for temporary use or lease to agricultural
enterprises. In this case, the lands of the forest fund used for agricultural purposes
should not harm the forestry. The activities of agricultural enterprises should be
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carried out in such a way that they comply with the requirements of forest fire
safety and sanitation.
Plots of the State Forest Fund – part of the forest fund, their specific
boundaries, area, location, legal regime are recorded and shown in the drawing-
cartographic materials.
While all areas covered by forests are included in the forest fund, the
legislation also specifies some exceptions. For example, the following areas
covered with giant trees are not included in the forest fund due to the forest
concept and its incompatibility with its purpose. These are: 1) protective trees and
shrubs on agricultural lands, protective trees of arable lands, as well as other trees
and shrubs; 2) protective trees in the allotted areas of railways, highways, canals
and other water bodies; 3) Trees and shrubs in cities and other settlements, as well
as plants planted for landscaping; 4) trees in backyards and garden plots, as well
as shrubs.
All forests constitute the state forest fund.
State Forest Fund:
from forests of state importance, ie forests under the
management of state forestry bodies; forests used by other agencies and legal
entities.
This forest fund is the object of forest use rights. It should be noted that
although all trees and shrubs are not subject to forest use rights, but only included
in the forest fund, covered with trees and shrubs and not covered with trees and
shrubs, lands allocated to the forest fund are objects of forest use rights.
It has been determined that the lands of the forest fund can be expanded at
the expense of other land funds. It specifies for what purposes it is possible to
allocate land plots to the forest fund lands. The event will focus on afforestation,
stopping the expansion of cliffs, creating protected forests and green areas around
cities and industrial centers, as well as afforestation around low-forested and non-
forested areas, afforestation of river and water basins, soil erosion control, soil
fertility and more.
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As a rule, the lands of the forest fund are primarily low-yielding, abandoned
lands, unused lands, reserve lands, shrub lands. When it comes to the procedure
for allocating land to the forest fund lands, it is issued only in the manner
prescribed by law. Thus, only the main purpose of land use will change, ie land
plots of one category will be transferred to another.
Procedure for leasing
State Forest Fund
plots
. Plots of the State Forest
Fund shall have a certain boundary, area, location, legal regime and other features
specified in the State Forest Cadastre.
When leasing such plots, the lessor shall be the State Forestry Committee
(State Forestry), in cases where the relevant authority is granted - its territorial
departments in Karakalpakstan and the regions.
The forestry organization assigned to the permanent possession of the land
is a permanent user of the forest plots.
Legal entities and individuals can be leaser on a contractual basis.
Forest fund plots are leased in the following forms:
reforestation on
undeveloped (non-forested) lands of the forest fund, as well as the use of these
lands for research, cultural, educational, health, recreation, aesthetic and
ecological tourism, implementation of investment projects aimed establishment
of hunting and fish farms, the cultivation of medicinal plants and seedlings (for a
period of up to 50 years); for the implementation of public-private partnership
projects on forest lands (within the framework of the public-private partnership
agreement) for a period of 3 to 49 years.
Forest fund plots are leased according to the approved scheme. The
boundaries of the leased forest fund plot are indicated on the act and on the map,
which is an integral part of the lease agreement.
Public administration in the field of forest fund lands.
As a result of the
implementation of fundamental reforms in the field of forestry in Uzbekistan, the
volume of forest land in the country has increased significantly. Today, the
volume of lands of the state forest fund is 25.2% of the total land area of the
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republic. In the first years of our independence, this figure did not exceed 5.3%
[10].
Public administration in the field of forest lands is reflected in the
organization of protection and use of forests by the competent state bodies and is
reflected in society as an integral part of social management.
Public administration in the field of forest
lands
is understood as the
activity of the executive state bodies on the use and protection of forests and the
issuance of orders.
In our country, the land fund is divided into the following categories
according to the main purpose of land use:
1) agricultural lands; 2) lands of settlements (cities, settlements and rural
settlements); 3) lands for industrial, transport, communications, defense and other
purposes; 4) lands intended for nature protection, health, recreation purposes; 5)
lands of historical and cultural significance; 6) forest fund lands; 7) lands of water
fund; and 8) reserve lands.
The enumerated land categories constitute a single state land fund, which
can pass from one category to another, i.e., they do not solidify into a defined
category. For example, some parts of the forest fund lands may be included in the
category of lands of settlements, or a forest fund land category may be formed
from the reserve land fund.
Content and procedure of land protection
– land protection is system of
legal, organizational, economic, technological and other measures aimed at
rational and legal use, restoration and increase of soil fertility, efficiency of forest
lands, prevention of unjustified withdrawal of lands from agricultural turnover
and lands of nature protection, health, recreation and historical and cultural
significance, protecting them from harmful anthropogenic impact.
The bodies exercising state management in the field of use and protection
of forest lands shall be divided into state bodies with general and special powers.
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ЕР РЕСУРСЛАРИ БЎЙИЧА КАДРЛАР ТАЙЁРЛАШ ВА
ИЛМИЙ-ТАДҚИҚОТ ИШЛАРИНИ ИСЛОҲОТЛАР ТАЛАБЛАРИГА
МОС ТАРЗДА ТАШКИЛ ЭТИШ МУАММОЛАРИ
А.С. Алтиев и.ф.д., проф. “ТИҚХММИ” МТУ
Аннотация
Мақолада мамлакатимизда ер ресурслари бўйича кадрлар тайёрлаш ва
илмий-тадқиқот ишларини ислоҳотлар талабларига мос тарзда ташкил этиш
муаммолари ва ушбу муаммоларнинг ечими ёритиб берилган.
Ер ва бошқа табиий ресурслар умуммиллий бойлик, халқимиз ҳаёти
ва фаравонлигининг асоси ҳисобланиб, улардан мақсадли ва самарали
