The Ministry of Natural Resources, Ecology and Fisheries of the Murmansk Region has issued two sectoral orders. The regional department has agreed to lease several land plots for the operation of real estate on them. The legislation* provides that if a real estate object is located on the lands of the forest fund, the purpose of which is not related to the use of forests and the rights to which arose before 2016, and are also registered in the EGRN, then the Federal Property Management Agency is authorized to coordinate the provision of such a site.
"As part of the control over legal regulation, the Federal Forestry Agency conducts an examination of legal acts of regional forest departments. Thus, when checking two orders of the Ministry of Natural Resources of the Murmansk region, the agency revealed violations of the law. The Regional Forestry Department needs to correct the issued sectoral documents and bring them into line with the current forest and land legislation," said Elena Borodavkina, head of the Legal Department and Use of Forests of the Federal Forestry Agency.
She also added that under such real estate on the lands of the forest fund, it is possible to form a plot of another category corresponding to the purpose of the real estate object. At the same time, it preliminarily coordinates the provision of a land plot and provides it not to the regional forestry department, but to the Federal Property Management Agency. Thus, the category of the site will change, and the owner will remain the same – the Russian Federation.
For reference:
*Part 1 of Article 4.7 of Federal Law No. 201-FZ dated 04.12.2006.
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