Publication date: 11.07.2024
The procedure for obtaining a licence for forestry activities
Forestry is an important sector of the Ukrainian economy, which ensures the conservation and rational use of forest resources, environmental protection and economic development. To carry out forestry activities, you need to obtain a licence. In this article, we will consider the main aspects of the procedure for obtaining a licence for forestry activities in Ukraine, the regulatory framework, requirements for applicants and the application procedure.
Legal and regulatory framework
The process of obtaining a licence for forestry activities in Ukraine is regulated by several key legal acts:
TheForest Code of Ukraine:
- The main law that defines the legal, organisational and economic principles of forestry, establishes requirements for the organisation and conduct of forestry activities, as well as liability for violations of legislation in this area.
TheLaw of Ukraine "On Licensing of Economic Activities":
- The main law regulating the licensing of economic activities, including forestry. It defines the general requirements for licensees, the procedure for submitting and reviewing applications for licences, and the grounds for cancellation of licences.
TheLaw of Ukraine "On Environmental Protection":
- Defines the legal framework for environmental protection, including requirements for the protection and use of forest resources, biodiversity protection and environmental safety.
Civil Code of Ukraine (CCU):
- Regulates contractual relations between consumers and suppliers of forestry services, defines the rights and obligations of the parties, and mechanisms for consumer protection.
Resolution of the Cabinet of Ministers of Ukraine "On Approval of the Procedure for Issuing Licences for Conducting Business Activities for the Provision of Forestry Services":
- Sets out the details of the process of obtaining a licence for forestry activities, the list of required documents and the procedure for reviewing applications.
Code of Ukraine on Administrative Offences (CUAO):
- Provides for administrative liability for violation of the requirements of the legislation on forestry and protection of forest resources.
Criminal Code of Ukraine (CCU):
- Establishes criminal liability for crimes in the field of forestry, including illegal deforestation, violation of forest use rules and other offences.
Order of the Ministry of Agrarian Policy and Food of Ukraine "On Approval of the Rules of Forestry":
- Sets out detailed rules for forestry, the procedure for organising and conducting forestry activities, and requirements for equipment and worker safety.
Types of licences for forestry activities
In Ukraine, there are several types of licences for forestry activities, depending on the nature of the activity and the type of forestry services:
Timber harvesting licence:
- Permission to carry out industrial-scale logging and harvesting activities.
Forestry licence:
- Permit to organise and conduct forestry activities, including protection, conservation and restoration of forests.
Licence for reforestation and afforestation:
- Permission to carry out activities for the restoration and breeding of forests, including planting forest crops, care of young forests, etc.
Licence to provide recreational services in forests:
- A permit to organise recreational activities in forests, including the arrangement of recreation areas, excursions and other activities for holidaymakers.
Requirements for applicants
To obtain a licence for forestry activities, a business entity must meet a number of requirements set by law. The main requirements include:
Organisational and legal form:
- A licence for forestry activities can be obtained by legal entities and individual entrepreneurs registered in accordance with the laws of Ukraine.
Material and technical base:
- The business entity must have the necessary material and technical base for forestry activities, including equipment, vehicles, storage facilities for logging equipment and other resources.
Compliance with environmental and sanitary standards:
- Premises, equipment and vehicles must comply with environmental and sanitary standards established by law.
Staff qualifications:
- The business entity shall have qualified employees who have the necessary knowledge and experience to provide forestry services. The staff shall have appropriate education, training and certificates.
Nocriminal record:
- The managers and employees of the business entity must not have any convictions for serious crimes, crimes against property, life and health, as well as other crimes provided for by law.
The procedure for applying for a licence
The procedure for applying for a forestry licence includes several stages:
Preparation of documents:
- The applicant must prepare a package of documents required to obtain a licence. This package includes:
- An application for a licence in the prescribed form.
- Copies of constituent documents (for legal entities).
- A copy of the state registration certificate (for individual entrepreneurs).
- Documents confirming the availability of the material and technical base (lease agreements for premises, equipment acceptance certificates, etc.)
- Documents confirming compliance with environmental and sanitary standards (environmental assessment reports, sanitary and epidemiological reports, etc.)
- Qualification documents of employees (diplomas, certificates, work experience certificates, etc.).
- An application for a licence in the prescribed form.
Submission of theapplication:
- The application together with the package of documents is submitted to the licensing authority, which is the State Agency of Forest Resources of Ukraine or another competent authority depending on the type of forestry activity. Documents can be submitted in person, by mail or electronically through specialised portals.
Consideration of theapplication:
- The licensing authority considers the application and checks whether the applicant meets the established requirements. Legal marketplace "CONSULTANT" will help you solve any problem! All the necessary services at any time: analysis of documents, legal analysis of the situation, legal analysis of the situation, written advice, verification of documents by a lawyer, legal analysis of documents, legal opinion of a lawyer, legal opinion of a lawyer, legal analysis. Are you looking for an online lawyer or a lawyer online? Choose CONSULTANT - a lawyer is always at your side!
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