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Who owns the lands of the forest fund: a legal review

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Марчук Тетяна
Марчук Тетяна
Lawyer
Ukraine / Mykolaiv Oblast

i

Reading time: 6 minutes Total views: 88
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Publication date: 08.05.2024

Lawyer, graduated from the National University "Odesa Law Academy" with honors. Since 2017, I have been specializing in legal and educational and general legal issues. I am the author of legal articles, scientific publications and articles in the educational environment. Mentor of the "Veritas" legal clinic. The owner of the legal blog "Educational_law_ua" on Instagram.

The lands of the forest fund are an important natural resource that is of great importance for the ecological balance, economy and social development of any country. In this article, we will consider the legal norms that determine ownership of forest fund land, as well as analyze documents and contracts related to forest fund land plots.


Legal norms regarding ownership of forest fund land
Constitutional foundations: In Ukraine, the lands of the forest fund are an integral part of the national wealth and fall under the jurisdiction of the state. The Constitution of Ukraine (Article 13) stipulates that the lands of the forest fund are the property of the Ukrainian people.
Forestry Code of Ukraine: This basic legal act regulates relations in the field of forestry, including ownership issues. According to Article 7 of the Forest Code, forests are the property of the state, local communities or private individuals. They can be leased or used.
Land Code of Ukraine: The lands of the forest fund belong to the lands of nature protection, health, recreation, historical and cultural purpose. According to the Land Code, they can be in state, communal or private ownership.


Legal analysis of documents and contracts
Analysis of documents and contracts related to land plots of the forest fund is critical to understanding the legal situation.
Legal documents related to ownership: When analyzing the documents by a lawyer, it is important to check the legal documents (for example, certificates of ownership) regarding the land plots of the forest fund.This will determine whether the site is in public, municipal or private ownership, and what restrictions on use may exist.
Analysis of contracts by a lawyer: If we are talking about the transfer of forest fund lands for lease or use, it is necessary to carefully study the terms of the contracts. It is important to check the legality of concluding such contracts, compliance with legal requirements, as well as compliance with the rights of all parties.
Legal restrictions: The lawyer should also check whether there are any restrictions on the use of forest fund lands (for example, environmental, recreational, historical and cultural restrictions). This can affect the possibilities of using land plots and requires special attention when analyzing documents.


Prospects for future regulation
Current legal norms regarding forest fund lands are quite complex, but may still require improvement. Future legislative changes may be aimed at strengthening the protection of forest areas from illegal logging and use, as well as increasing transparency in the management of these lands. One of the promising initiatives is the introduction of innovative technologies for monitoring and controlling the condition of forests, such as satellite images and unmanned aerial vehicles. Such technologies can help improve the efficiency of forest fund management and ensure its preservation for future generations. Legal analysis of documents and contracts in this context remains a key tool that will contribute to sustainable development and conservation of natural resources.

 

Conclusions
The lands of the forest fund in Ukraine are a strategic resource that must be effectively and responsibly managed taking into account the interests of the state, local communities and private owners. Analysis of documents by a lawyer, including legal documents and contracts, is an important part of the decision-making process regarding the use and preservation of forest fund lands.
The correct approach to the management of these lands contributes to the preservation of forests, protection of ecology and sustainable development. The task of lawyers is to ensure the legality and transparency of all procedures related to the ownership and use of forest fund lands.

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