On September 28, 2017, the State Duma Committee on Natural Resources, Ownership and Land Relations held a round table on the topic: «Developing mechanisms for encouraging bona fide land users and land users in current legislation».
Anticipating the discussion, Nikolai Nikolayev, Chairman of the State Duma Committee on Natural Resources, Ownership and Land Relations, reported on a large number of legislative initiatives submitted to the committee on the topic, so the committee decided to consider them from the point of view of fairness and efficiency, but in the interests of the state, and not commercial profit. As an example of legislative irregularity, he cited the lack of definition of bad faith in the Water Code, vague wording in the Forest Code, in subsoil use - formal signs, when good faith is determined by a sign of not being included in the list of bad faith.
According to Nikolaev, the concept of good faith in environmental management is more capacious than in other areas. «When we try to give preferences to bona fide users, not allowing others to the natural riches, we run into a problem, because there are no criteria for their assessment», - explains the deputy.
In his opinion, the institute of public-private partnership in environmental management is the most appropriate: such partnership includes detailed mutual obligations of the state and private business, as a result of which there are more criteria for assessing integrity. At the same time, the openness of information gives all citizens the opportunity to control how effectively the country's natural resources are used - a register of such agreements is published on the website of the Ministry of Industry and Trade of the Russian Federation.
Vice-President Zhelneyev A.A. from the National Association of Timber Industry «Russian Forest» took part in the round table with Vice President of Legal Affairs, Dobrokhotov A.S.
Dobrokhotov A.S. in his report «Criteria of Integrity with Multi-Purpose Use of Forests» noted that the principle of good faith in forest legislation was introduced relatively recently - in mid-2016 with the emergence of a register of unscrupulous tenants of forest plots and buyers of forest plantations, which is undoubtedly a big step in the development of the law.
In addition, the Institute of Integrity also applies when concluding lease agreements for forest areas for a new term. Meanwhile, sometimes civil-legal relations arise between tenants of forest areas, in which the parties behave in accordance with the law, but at the same time, one of the parties incurs losses. This, in particular, is about the institute of multipurpose use of forests.
By encouraging the simultaneous use of forests for different purposes, the state actually confronts the interests of business entities operating in the same forest area without providing mechanisms for resolving such a conflict. The question arises of the good faith of the actions of both the lessor in the person of the authorized body and in the good faith of the tenants themselves. Therefore, it is necessary to settle the criteria of good faith in the multiple use of forests.
In this regard, in the opinion of the participants of the National Association of Timber Industry «Russian Forest», it is necessary to establish criteria of good faith in the form of settling the order of forest use with a multi-purpose approach, providing, as an option, procedures for compensating damage to tenants and mechanisms for interaction and coordination of economic activities of these entities or grounds non-use of multipurpose use.
The full report on the topic: «Criteria of good faith in the multi-purpose use of forests»
на вступление в ассоциацию