THE CONCEPTS OF “FOREST” AND “FORESTRY LAND” IN TERMS OF THE CORRELATION OF LEGAL REGULATION OF LAND AND FORESTRY RELATIONS

Abstract

The article analyzes different approaches to the definition of the concepts of “forest” and “forestry land” and notes that forests, performing important ecostabilization functions, play water, land and soil protection roles, and prevent wind and soil erosion, which creates the necessary conditions for the conservation of biodiversity.The authors note that the concept of “forest” is controversial. The subject of discussion is not only its definition (geographical, biological and legal), but also its characteristics. For example, there is no consensus in domestic and foreign jurisprudence as to which features are crucial for the category of “forest”.Based on a retrospective analysis of Ukrainian forestry legislation, the author concludes that social relations regarding the use of forests have always had special legal regulation, and forestry lands have a special legal regime. Thus, the legal regime of forestry lands is subordinated to and ensures the implementation of the legal regime of forests.The article notes that in the current context, in connection with Ukraine’s accession to the EU, the issue of defining the concept of forests is gaining practical importance. Thus, Regulation (EU) 2023/1115, which entered into force in 2023, sets out new requirements for the legal regime of forests, in particular, those relating to their protection. It is noted that when adapting national/forestry legislation to EU requirements, one should proceed from the above provisions, since the legal definition of “forest” enshrined in Article 1 of the Forest Code of Ukraine differs significantly from that proposed by the Regulation. Taking into account the requirements for the adaptation of modern national forestry legislation to EU legislation, the following definition is proposed: forest is a natural or artificially created natural complex (ecosystem) with an area of more than 0.5 hectares, covered with woody vegetation with a crown cover of at least 10%, interconnected with soils, shrub and herbaceous vegetation, fauna and microorganisms, performing environmental, social and economic functions and can be used for forestry production, biodiversity conservation and other environmentally balanced purposes.