LANDS OF THE FOREST FUND

As you know, each plot of land has its own purpose. This means that the land cannot be used other than for its special purpose. That is, you cannot build a house on land intended for horticulture, as well as plant a garden on a plot of land intended for construction.

Forest fund lands are one of the types of purpose. For many, it is associated only with the forest. But it is not so. Forestry lands include not only forests, but also lands provided for the needs of forestry.

What lands belong to the forest fund?

• First of all, as stated in the Forest Code of Ukraine, land plots occupied by forest plantations belong to the lands of the forest fund.
• Secondly, these are lands used by forestry enterprises for their needs (swamps, waters, non-forest lands).

Who owns the lands of the forest fund?

The Land Code of Ukraine indicates that forest fund lands can be owned by citizens and legal entities (private property), local councils (communal property), or state property. Depending on the entity that is the owner of the land plot of the forest fund, the rights and obligations of these entities differ somewhat.

For example, if the owner of forest fund lands is an individual or a legal entity, then such lands may be the subject of transactions (mines, sales, donations, pledges, etc.), and if such land plots are in state or communal ownership, then such a right is limited.

Is it possible to change the purpose of the land plot of the forest fund?

Yes, the land legislation allows to change the purpose of this type of land plots. For land plots owned by individuals and legal entities, this can be done without any agreement with other organizations.

And with regard to land that is in state or communal ownership, the consent of the Verkhovna Rada of Ukraine or the corresponding local council (village, district or oblast) that is the owner of this land must be obtained.

Termination of the right of ownership of forest fund land

The legislation provides that forest fund lands can be transferred to state or communal ownership at the will of the owner (individual or legal entity). For this, the owner needs to apply to the local council for the transfer of the land plot to communal ownership. From the date of adoption of the decision on the transfer of the land plot to communal ownership, such ownership right of citizens is terminated.

Is it possible to rent land plots of the forest fund?

Today, forest fund lands can be provided for use (permanent or temporary) by specialized forestry enterprises. The legislation does not provide for the provision of forest fund lands for citizens.

Therefore, the lands of the forest fund occupy an equally important place in the system of land relations, as lands of other purpose, although attention to such lands is less.