Comment to Article 371. Violation of the procedure and timing of afforestation of cuttings and other categories of forest fund lands intended for reforestation and afforestation  The Code of the Republic of Kazakhstan on Administrative Offences  

     Violation of the procedure and timing of afforestation of cuttings and other categories of forest fund lands intended for reforestation and afforestation, –

     entails a warning or fine for officials in the amount of ten monthly calculation indices.

     The object of the offense is the established procedure and deadlines for afforestation of cuttings and other categories of forest fund lands intended for reforestation and afforestation.  

     In accordance with paragraph 62) of Article 4 of the Forestry Code of the Republic of Kazakhstan dated July 8, 2003 No. 477, "afforestation" is "artificial reforestation or natural overgrowth of non–forested lands".  

     In paragraphs 6-11 of the "Rules of forest reproduction and afforestation and quality control", approved by the Order of the Minister of Agriculture of the Republic of Kazakhstan dated December 22, 2014 No. 18-02/681, forest reproduction and afforestation are carried out in the following ways:

     1) natural renewal of the forest;

     2) carrying out measures to promote the natural renewal of the forest;

     3) creation of forest crops.

     On the steep slopes of mountain forests, forest reproduction is carried out through the natural renewal of forests or measures to promote the natural renewal of forests.

     In lowland areas, depending on the availability of natural regeneration and the intensity of farming through natural regeneration of forests, measures to promote natural regeneration of forests and the creation of forest crops.

     Forest crops are being created on non-forested lands where it is impossible to naturally renew forests with economically valuable species within the maximum allowable period.

     The forest areas in which forest crops should be created immediately after logging are determined by forest management projects.

     Forest reproduction and afforestation on the plots of the state forest fund are carried out by forest owners.

     According to paragraphs 12-15 of the "Rules of forest reproduction and afforestation and quality control", before carrying out logging operations, according to the forest management materials, the method of forest reproduction in the area being cut down is determined.

     If the forest management project provides for the natural renewal of the forest, logging is carried out in ways that provide for the conservation of undergrowth and seedlings. At the same time, undergrowth is recorded before logging begins.

     The areas on which natural renewal of the forest is provided, or carrying out measures to promote natural renewal of the forest, constitute the reforestation fund.

     The natural renewal (overgrowing) of the forest is provided for when:

     1) availability of viable undergrowth of economically valuable breeds;

     2) cutting down stands of tree species capable of vegetative renewal by forming shoots from stumps or root offspring, if seed renewal is impossible, and vegetative renewal corresponds to the objectives of farming.

     In case of vegetative renewal of the forest (shoots from the stump, root offspring), the growth growth of oak should not exceed two generations, birch, aspen – three generations.

     Paragraphs 16-24 of the "Rules for Forest Reproduction and Afforestation and quality control" state that measures to promote natural regeneration of forests are carried out in forests where successful natural regeneration is expected.

     Measures to promote the natural regeneration of forests include:

     1) preservation of viable undergrowth of economically valuable species during logging;

     2) care of the teenager and self-seeding after logging;

     3) partial mineralization of the soil surface;

     4) fencing of cuttings;

     5) planting seedlings or seedlings of the main breed to complement the natural regeneration of forests in areas with insufficient or uneven placement of undergrowth and self-seeding of economically valuable species.

     The abandonment of seedling plants (trees and curtains) is a mandatory forestry measure during allotment and logging, as the most important condition for ensuring renewal. At the same time, measures to promote the natural renewal of forests, as an independent type of measures, are not included.

     The preservation of viable undergrowth of economically valuable species during logging is ensured by forest owners and forest users through the use of appropriate cutting technology.

     Caring for a teenager after logging is to free the remaining undergrowth from felling debris and backfilled earth, shading trees and shrubs, and thinning out excessively dense groups.

     The mineralization of the soil surface is carried out under the canopy of incoming plantations with a completeness of no more than zero point six tenths, in cuttings and clearings in order to create favorable conditions for seed germination and the survival of seedlings.

     Soil mineralization is carried out on an area of at least thirty percent of the area of the entire site and no closer than five meters from the seeders or three meters from groups of preserved undergrowth.

     If there is a danger of damage to young trees by domestic and wild animals, areas with natural renewal of the forest are fenced off from all sides or in places where cattle are driven.

     The sites designated for the natural renewal of the forest constitute the reforestation fund.

     In paragraph 318 of the "Instructions for forest management", approved by the Order of the Minister of Agriculture of the Republic of Kazakhstan dated November 9, 2012 No. 17-02/566, forest lands (glades) that are not covered by forests (by types of forest conditions) conditionally belong to the target breed that will be used for their afforestation in the future.

     The objective side of the offense is manifested in actions to violate the procedure and timing of afforestation of cuttings and other categories of forest lands intended for reforestation and afforestation.  

     The subjective side of the offense is characterized by the fact that the act can be committed both in the form of intent and negligence.

     The subject of the offense is a special official.  

     In accordance with Article 709 of the Administrative Code, cases of administrative offenses are considered and administrative penalties are imposed under Article 371 of the Administrative Code by the authorized body in the field of forestry, fishing and hunting.  

     Paragraphs 2) of Part 3 of Article 804 of the Administrative Code stipulates that in cases of administrative offenses, the consideration of which is attributed to the jurisdiction of the bodies specified in Articles 685-735 of the Administrative Code, protocols on offenses may be drawn up by authorized officials of these bodies. In addition, officials of specialized organizations of authorized bodies in the field of forestry, fishing and hunting have the right to draw up protocols on administrative offenses (Article 371 of the Administrative Code).

Scientific and practical commentary to the Code of the Republic of Kazakhstan on Administrative Offences (article-by-article) from the Author's team:

     Bachurin Sergey Nikolaevich, Candidate of Law, Associate Professor – chapter 48 (co-authored with E.M. Khakimov);

     Gabdualiev Mereke Trekovich, Candidate of Law – Chapters 11, 21, 22, 23;

     Zhusipbekova Ainur Maratovna, M.yu.n. – chapter 13 (co-authored with Karpekin A.V.); chapters 33, 39 (co-authored with Seitzhanov O.T.);  

     Karpekin Alexander Vladimirovich, Candidate of Law, Associate Professor – chapter 13 (in collaboration with Zhusipbekova A.M.);

     Korneychuk Sergey Vasilyevich – chapters 2; chapter 6 (co-authored with O.T. Seitzhanov, E.M. Khakimov); chapter 8; chapter 25 (co-authored with E.M. Khakimov); articles 457-470, 488, 488-1, 491-506; chapters 28, 30, 52;

     Ilya Petrovich Koryakin, Doctor of Law, Professor – Chapter 49;

     Kisykova Gulnara Bauyrzhanovna, Candidate of Law – chapter 20;

     Omarova Botagoz Akimgereevna, Candidate of Law – chapters 17; chapter 18 (co-authored with B.A. Parmankulova); chapters 26, 31; chapter 32 (co-authored with B.A. Parmankulova);

     Parmankulova Bayan Askhanbaevna – chapter 18 (co-authored with Omarova B.A.); chapters 19, 32 (co-authored with Omarova B.A.); chapter 43 (co-authored with Tukiev A.S.);  

     Podoprigora Roman Anatolyevich, Doctor of Law, Professor - Chapter 24, articles 489, 489-1, 490;

     Porokhov Evgeny Viktorovich, Doctor of Law – Chapters 14, 15, 16, 29, articles 471-475;

     Seitzhanov Olzhas Temirzhanovich, Candidate of Law, Associate Professor, – chapter 4; chapter 5 (co-authored with E. M. Khakimov); chapter 6 (co-authored with S.V. Korneychuk, E.M. Khakimov); chapter 9; chapter 10 (co-authored with B.E. Shaimerdenov, V.V. Filin); chapter 33 (co-authored with Zhusipbekova A.M.); chapter 36 (co-authored with Shaimerdenov B.E.); chapter 39 (co-authored with Zhusipbekova A.M.);

     Smyshlyaev Alexander Sergeevich, PhD. – chapters 38, 40, 42, 43-1 (co-authored with A.S. Tukiev); chapter 44;

     Aslan Sultanovich Tukiev - Candidate of Law, Associate Professor – chapters 1, 3, 35; chapters 38, 40, 42, (co-authored with A.S. Smyshlyaev); chapter 43 (co-authored with B.A. Parmankulova); chapter 43-1 (co-authored with A.S. Smyshlyaev); chapter 44-1 (co-authored with Shipp D.A.); chapter 45; 46 (co-authored with Shipp D.A.); chapter 47;  

     Filin Vladimir Vladimirovich, Candidate of Law, Associate Professor – Chapter 10 (in collaboration with O.T. Seitzhanov, B.E. Shaimerdenov);  

     Yerzhan Maratovich Khakimov, M.yu.n. – chapter 5 (co-authored with O.T. Seitzhanov); chapter 6 (co-authored with O.T. Seitzhanov, S.V. Korneychuk); chapter 7; chapter 25 (co-authored with S.V. Korneychuk); chapters 34, 41; chapter 48 (co-authored with S.N. Bachurin); chapter 53;

     Shaimerdenov Bolat Yerkenovich, M.yu.n., – chapter 10 (co-authored with O.T. Seitzhanov, V.V. Filin); chapter 12; articles 476-487, 507-509; chapter 36 (co-authored with O.T. Seitzhanov); chapters 37, 50, 51.  

     Shipp Denis Alekseevich – chapters 44-1, 46 (in collaboration with A.S. Tukiev).

Date of amendment of the act:  01.01.2020 Date of adoption of the act:  01.01.2020 Place of acceptance:  100050000000 Authority that adopted the act: 103001000000 Region of operation:  100000000000 NPA registration number assigned by the regulatory body:  5 Status of the act:  new Sphere of legal relations:  029000000000 / 028000000000 / 029002000000 / 028004000000 / 029001000000 / 026000000000 / 001000000000 / 001008000000 / 030000000000 The form of the act:  COMM / CODE Legal force:  1900 Language of the Act:  rus  

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