Issuance of felling tickets for sanitary felling and reconstruction of green spaces, Mospriroda. Permission to cut down trees and forests Package of documents for obtaining permission to cut down trees and forests

You can request this service:

• Through a legal representative

Service delivery mode:

• In single window mode

List of required documents:

To submit documents:

1. Application from the balance holder of green spaces for the provision of a public service (the name of the public service is indicated), for legal entities - on letterhead indicating the details of the organization, for individuals - indicating passport details.

2. Power of attorney

The requirements for a power of attorney are established by Articles 185, 185.1, 186 of the Civil Code Russian Federation.
General requirements: date, place of drawing up of the power of attorney, signature of the Principal and the Attorney, name of the legal entity, list of specific actions to which the power of attorney applies.
To identify legal entities, the power of attorney must indicate the name and TIN of the legal entity; to identify individuals - full name, passport details.
Form of power of attorney: free.

3. Certificate of inspection of green spaces.

4. A checklist of green spaces subject to felling and (or) pruning, certified by the signature and seal of the territory’s balance holder.

5. A plan of the territory with a precise indication of the trees and shrubs to be cut down and to be pruned, certified by the seal of the territory balance holder.

6. Agreement with contractor to carry out work on cutting down and (or) pruning trees and shrubs.

Documents receiving:

Eighteenth Arbitration Court of Appeal (18 AAC)

Essence of the dispute: Disputes about challenging non-normative legal acts, decisions and actions (inaction) of state bodies, local governments, other bodies, organizations vested by federal law with certain state or other public powers, officials

EIGHTEENTH ARBITRATION COURT OF APPEALS

RESOLUTION

The Eighteenth Arbitration Court of Appeal composed of:

presiding judge Malysheva I.A.,

judges Ivanova N.A., Skobelkina A.P.,

when keeping the minutes of the court session by the secretary of the court session Shelontseva T.V.,

considered in open court the appeal of the Administration rural settlement Mikhailovsky village council of the municipal district Ufimsky district of the Republic of Bashkortostan against the decision of the Arbitration Court of the Republic of Bashkortostan dated May 20, 2016 in case No. A07-1089/2016 (judge Iskandarov U.S.).

The following representatives took part in the court hearing:

applicant - municipal budgetary institution Specialized service plant of the Urban District of Ufa: Grazhdankina N.V. (passport, power of attorney No. 02-03/375 dated May 25, 2016); Akhmetov M. T. (passport, power of attorney dated May 12, 2016);

interested party - Administration of the rural settlement Mikhailovsky village council of the municipal district Ufimsky district of the Republic of Bashkortostan - Zakharova E.A. (passport, power of attorney dated February 12, 2016).

In accordance with Part 3 of Art. of the Arbitration Procedural Code of the Russian Federation, the judges of the court were replaced by Boyarshinova E.V. and Kuznetsov Yu.A., absent for good reason, to judges Ivanova N.A. and Skobelkina A.P. (determined by the Deputy Chairman of the Eighteenth Arbitration Court of Appeal dated August 17, 2016), after which consideration of the appeal began from the very beginning.

The municipal budgetary institution Specialized Service Plant of the Urban District of Ufa (hereinafter referred to as the MBU “Specialized Service Plant of the Urban District of Ufa”, MBU KSO, institution, applicant) appealed to the Arbitration Court of the Republic of Bashkortostan with an application to the Administration of the rural settlement Mikhailovsky Village Council of the Ufimsky Municipal District district of the Republic of Bashkortostan (hereinafter referred to as the Administration, the interested party) to invalidate the refusal, expressed in letter No. 1813 dated December 11, 2015, to obtain permission to cut down trees in the eastern part of the Yuzhnoye cemetery on a land plot with cadastral number 02:47:110701 :229 and the obligation to eliminate violations by issuing a permit to cut down trees in the eastern part of the Yuzhnoye cemetery, located on a land plot with cadastral number 02:47:110701:229, according to the location diagram (taking into account the clarification of the stated requirements, accepted by the court of first instance in in accordance with Article of the Arbitration Procedural Code of the Russian Federation).

By the decision of the Arbitration Court of the Republic of Bashkortostan dated May 20, 2016 (the operative part was announced on May 16, 2016), the stated requirements were satisfied. The refusal of the Administration of the rural settlement Mikhailovsky Village Council of the municipal district of Ufimsky District of the Republic of Bashkortostan, expressed in letter No. 1813 dated December 11, 2015, to obtain permission to cut down trees in the eastern part of the Yuzhnoye cemetery on a land plot with cadastral number 02:47:110701 was declared illegal: 229. The court ordered the administration of the rural settlement of Mikhailovsky Village Council of the Ufa Municipal District of the Republic of Bashkortostan to eliminate the violation by issuing a permit to cut down trees in the eastern part of the Yuzhnoye cemetery, on a land plot with cadastral number 02:47:110701:229, according to the location diagram.

The administration (hereinafter also referred to as the appellant, the appellant) did not agree with the said decision, believes that the court made incorrect conclusions when examining the evidence in the case and did not take into account all the circumstances that are important for the correct resolution of the case.

According to the Administration, the conclusion of the court of first instance that in letter No. 1813 dated December 11, 2015 there were no reasons for refusing to cut down and the provisions of the current legislation on the basis of which the institution was refused to cut down trees, contradicts the factual circumstances of the case and the content of the letter in which these circumstances are indicated.

The administration points out that in the company’s application for a permit to cut down and in the appendix to it, there is no indication of the cadastral number of the land plot on which the trees will be cut down.

The appellant argues that letter No. 1813 dated December 11, 2015 is not a refusal to issue permission to cut down green spaces, but is of a recommendatory nature, since it, with references to regulatory legal acts, explains the need to submit documents in accordance with paragraphs 2.1., 2.4. “Regulations on the procedure for cutting down green spaces on the territory of the rural settlement of the Mikhailovsky Village Council of the Ufimsky District Municipal District of the Republic of Bashkortostan”, approved by the decision of the Mikhailovsky Village Council of the Ufimsky District Municipal District No. 78 dated March 27, 2012, which, in the opinion of the Administration, cannot be considered a refusal.

The administration points out the absence in the company's application for a permit to cut down information on the number and name of trees to be cut down, indicating their condition, trunk diameter, reason for cutting down and a map of the land plot to the nearest buildings or other landmarks with green spaces to be cut down, as well as for the absence of documents provided for in paragraphs 2.1., 2.4 in the application appendix. of the above-mentioned Regulations. This circumstance, according to the position of the Administration, indicates that the application submitted by the company initially did not comply with the provisions of the current legislation.

The appellant points out that the tree and shrub vegetation requested for felling is a forest protection belt, and therefore the provisions governing actions in relation to the forest fund should be applied to it. Referring to the letter of the Ministry of Forestry of the Republic of Bashkortostan dated January 1, 2016 No. 02/3, the Administration points out that the green spaces requested for felling belong to the lands of the state forest fund and are located on a land plot with cadastral number 02:47:110701:215 ( block No. 2 of the Krasnoyarsk forestry), and therefore their felling is not possible and the issue of felling cannot be considered without involving the Ministry of Forestry of the Republic of Bashkortostan in the matter. In this regard, the appellant, according to him, when considering the dispute in the court of first instance, filed a petition to involve the said Ministry in the case as a third party not making independent claims regarding the subject of the dispute, which was not considered by the court of first instance, despite documents submitted to the case indicating that the Ministry of Forestry of the Republic of Bashkortostan has documented claims to the subject of felling land plot on the grounds of its illegal provision for the placement of a cemetery. In this regard, the Administration believes that the execution of the court decision will entail the destruction of the state forest fund and will directly affect the rights and legitimate interests of the Ministry of Forestry of the Republic of Bashkortostan.

In addition, the appellant refers to the binding nature of the decision of the environmental commission, documented in Protocol No. 2 of December 10, 2015, which was the basis for the contested letter, and to the lack of the Administration’s right to issue permits for cutting down trees in the presence of such a conclusion.

In addition, taking into account the fact that the company’s application contained an indication of the need to prepare new burial sites, the Administration claims that in accordance with Art. 16, 17 of the Federal Law of January 12, 1996 No. 8-FZ “On burial and funeral business” and clauses 1.1., 1.2. SanPiN 2.1.2882-11 “Hygienic requirements for the placement, arrangement and maintenance of cemeteries, buildings and structures for funeral purposes” the applicant had to submit a positive conclusion from an environmental and sanitary-hygienic examination, the absence of which, in the appellant’s opinion, excludes the applicant from being granted the right to cut down trees for the stated purposes. To develop this argument, the appellant provides references to documents submitted to confirm the deterioration of the environmental situation in the case file.

The administration also considers the court's conclusion that the contested letter does not contain references to the provision of an incomplete set of documents to be unfounded, since this conclusion contradicts the content of the contested letter.

On this basis, the Administration requests that the court decision be annulled and a new judicial act be adopted to refuse to satisfy the stated claim.

The municipal budgetary institution "Combine of Specialized Services of the Urban District of Ufa" submitted written objections to the arguments of the appeal, and considers the court decision legal and justified, not subject to cancellation.

At the court hearing, the persons participating in the case supported the arguments set out in the appeal and the objections to it.

The administration of the rural settlement Mikhailovsky Village Council of the municipal district of Ufimsky District of the Republic of Bashkortostan submitted petitions to involve the Ministry of Forestry of the Republic of Bashkortostan in the case as a third party who does not make independent claims regarding the subject of the dispute, as well as to conduct an environmental assessment.

Corresponding written objections were submitted to these requests from MBU KSR.

The appellant's request to involve the Ministry of Forestry of the Republic of Bashkortostan in the case as a third party who does not make independent claims regarding the subject of the dispute was considered by the court of appeal and rejected based on the following:

Based on the meaning and content of Part 1 of Article of the Arbitration Procedural Code of the Russian Federation, the basis for the entry into the process of a third party who does not make independent claims regarding the subject of the dispute is a legal situation in which a judicial act in the case under consideration may affect his rights or obligations in relation to to one of the sides. In other words, of this person there are material and legal relations with a party to the case, which may be affected by a judicial act on the case under consideration in the future (filing a recourse claim, etc.).

The purpose of the participation in the case of a third party who does not make independent claims regarding the subject of the dispute is to prevent adverse consequences for him. A person, in order to be involved in the process as a third party who does not make independent claims regarding the subject of the dispute, must have a pronounced economic or other legal interest in the future. That is, after the court resolves the case, such persons have material and legal relations with one of the parties arise, change or terminate.

In paragraph 1 of the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated May 28, 2009 No. 36 “On the application of the Arbitration Procedural Code of the Russian Federation when considering cases in the arbitration court of appeal” it is explained that a judicial act is considered adopted on the rights and obligations of a person not involved in participation in the case, if it is adopted about their rights and obligations, that is, this judicial act directly affects their rights and obligations, including creating obstacles to the exercise of their subjective right or the proper fulfillment of obligations in relation to one of the parties to the dispute.

Within the meaning of these procedural rules and clarifications, the participation of a third party who does not make independent claims regarding the subject of the dispute in court proceedings is required if the judicial act that ends the consideration of the case in the arbitration court of first instance may affect his rights or obligations, that is, directly will lead to the emergence, change or termination of the relevant legal relationship between the third party and the party to the legal dispute.

The institution of third parties provided for by procedural legislation, both declaring and not declaring independent claims regarding the subject of the dispute, is intended to ensure judicial protection of all persons interested in the outcome of the dispute and to prevent the adoption of judicial acts on the rights and obligations of these persons without their participation.

At the same time, a third party who does not make independent claims regarding the subject of the dispute is an alleged participant in a material and legal relationship related in object and composition to the one that is the subject of the proceedings in the arbitration court.

The basis for the entry (involvement) of a third party into the case, who does not declare independent claims regarding the subject of the dispute, is the possibility of filing a claim against a third party or the emergence of a right to claim in a third party, due to the interconnectedness of the main disputed legal relationship between the party and such person.

By virtue of an article of the Arbitration Procedural Code of the Russian Federation, each person participating in the case must prove the circumstances to which he refers as the basis for his claims and objections.

The judicial act adopted in this case will not lead to the emergence, change or termination of relevant legal relations between the Ministry of Forestry of the Republic of Bashkortostan and one of the parties to the legal dispute, since the issue of the boundaries of the land plot occupied by the cemetery and the procedure for the formation of this plot is not the subject of this dispute, and the fact that the said Ministry has any interest in the outcome of the case does not in itself constitute grounds for involvement in the case.

Thus, in the present case, there are no statutory grounds for involving the Ministry of the Republic of Bashkortostan as a third party that does not make independent claims regarding the subject of the dispute.

The appellant's petition to order an environmental assessment asking the expert whether it is possible, according to environmental standards and rules, to organize new burial sites in the eastern part of the Yuzhnoye cemetery; whether the forest belt located in the eastern part of the Yuzhnoye cemetery performs environmentally protective functions, and whether clear cutting of forests in the eastern part of the cemetery is allowed, the court of appeal considered and rejected, since the questions that the appellant asks to put before the expert are not relevant to the subject spore.

In the framework of this case, considered in accordance with Chapter 24 of the Arbitration Procedure Code of the Russian Federation, the court, in accordance with Part 4 of Art. Section III. Proceedings in the arbitration court of first instance in cases arising from administrative and other public legal relations > Chapter 24. Consideration of cases challenging non-normative legal acts, decisions and actions (inaction) of state bodies, local government bodies, other bodies, organizations vested with separate functions by federal law state or other public powers, officials > Article 200. Trial in cases of challenging non-normative legal acts, decisions and actions (inaction) of bodies exercising public powers, officials" target="_blank">200 of the Arbitration Procedure Code of the Russian Federation is only obliged to establish the compliance of the disputed letter with the law or other regulatory legal act, check the presence those grounds for refusal to issue a permit to cut down trees that are indicated in the letter, establish whether the Administration has the authority to make a decision to refuse to issue a permit to cut down green spaces, and also establish whether the contested refusal to cut down violates the rights and legitimate interests of the applicant in sphere of business and other economic activities.

If the applicant's claims are found to be justified, the court, by virtue of paragraph 3 of part 4 and paragraph 3 of part 5 of article Section III. Proceedings in the arbitration court of first instance in cases arising from administrative and other public legal relations > Chapter 24. Consideration of cases challenging non-normative legal acts, decisions and actions (inaction) of state bodies, local government bodies, other bodies, organizations vested with separate functions by federal law state or other public powers, officials > Article 201. Arbitration court decision in the case of challenging non-normative legal acts, decisions and actions (inaction) of bodies exercising public powers, officials" target="_blank">201 of the Arbitration Procedural Code of the Russian Federation is also obliged to determine a method of restoring the violated right of the applicant that is adequate to the violation.

The issues of interest to the appellant regarding the organization of new graves in the cemetery, determining the function of the forest shelter belt, as well as determining the method of cutting down trees and shrubs are resolved by the persons participating in the case directly within the framework of the implementation of the procedure for issuing permission to cut down trees and are not included in the subject of this dispute, due to there is no need to conduct an environmental assessment in this case.

In addition, the issue of conducting an environmental assessment and the corresponding petition of the Administration is connected with its proposed interpretation of the term “burial site,” by which the appellant understands each grave, and not the cemetery as a whole. This argument was stated in the appeal and was considered by the appellate court. His assessment is given below, in the motivational part of this resolution.

Having checked the legality and validity of the judicial act in the manner prescribed by Chapter 34 of the Arbitration Procedural Code of the Russian Federation, the panel of judges of the appellate court recognizes as correct the conclusions of the court of first instance that the Administration of the rural settlement Mikhailovsky Village Council of the Ufimsky District Municipal District of the Republic of Bashkortostan has no grounds for refusing to obtain permission to felling of trees in the eastern part of the Yuzhnoye cemetery on a land plot with cadastral number 02:47:110701:229, which are set out in letter No. 1813 dated December 11, 2015, but comes to the conclusion that there are grounds for changing the judicial act in terms of determining the restoration method violated right.

In this case, the panel of judges proceeds from the following:

The case materials confirm that the Yuzhnoye cemetery has been in operation since 1974.

In the period from 12/31/1971 to 05/13/2008, for the purpose of locating a cemetery at the expense of state forest fund lands and agricultural purposes, a land plot with cadastral number 02:47:110701:229 with an area of ​​990942 sq.m., land category - lands of industry, energy, transport, communications, radio broadcasting, television, computer science, lands for space activities, lands of defense, security and other lands special purpose. Permitted use is for the Yuzhnoye cemetery.

MBU Specialized Service Plant for the Urban District of Ufa, this land plot was provided for permanent (indefinite) use by Decree No. 2333 dated 12/02/2010.

Due to the fall of overmature trees and the need to clear the next burial site within the boundaries of the land plot allocated to the cemetery with cadastral number 02:47:110701:229, the applicant addressed the Administration with a letter dated November 13, 2015 No. 11-7/180 (entry no. 1285 dated November 13, 2015) on issuing a permit to cut down trees on a plot of land in the eastern part of the Yuzhnoye cemetery, attaching a diagram of the location of the trees to the application.

By letter No. 1728 dated November 26, 2015, the Administration indicated that the issue of issuing the requested permit for deforestation will be resolved after granting necessary documents in accordance with current legislation (title documents for the land plot, act of approval of the boundaries of this land plot).

Based on this letter, the applicant submitted to the Administration with cover letter No. 1728 dated November 26, 2015 the above-mentioned resolution on the provision of a land plot with the right of permanent (perpetual) use No. 2333 dated December 2, 2010, an extract from the Unified State Register of Land Registers dated November 6, 2012, and a cadastral passport .

The administration, by letter No. 1813 dated December 11, 2015, refused to issue a permit to the applicant to cut down trees, citing the protocol of the environmental commission of the rural settlement Mikhailovsky Village Council of the Ufimsky District of the Republic of Belarus No. 2 dated December 10, 2015 and citing the provisions of clauses 2.1., 2.4. “Regulations on the procedure for cutting down green spaces on the territory of the rural settlement of the Mikhailovsky Village Council of the Ufimsky District Municipal District of the Republic of Bashkortostan”, approved by the decision of the Mikhailovsky Village Council of the Ufimsky District Municipal District No. 78 dated March 27, 2012.

The MBU Specialized Services Plant of the Ufa Urban District challenged this refusal in court.

Satisfying the stated requirements and declaring illegal this refusal to obtain permission to cut down trees in the eastern part of the Yuzhnoye cemetery on a land plot with cadastral number 02:47:110701:229, the court of first instance reasonably proceeded from the absence of the Administration to refuse the applicant to cut down trees on the land plot provided to him on the grounds specified in letter No. 1813 dated December 11, 2015.

The court’s conclusions in this part are correct, correspond to the circumstances of the case, the norms of substantive law and are not subject to reassessment, based on the following:

By virtue of the provisions of Part 1 of Art. Section III. Proceedings in the arbitration court of first instance in cases arising from administrative and other public legal relations > Chapter 24. Consideration of cases challenging non-normative legal acts, decisions and actions (inaction) of state bodies, local government bodies, other bodies, organizations vested with separate functions by federal law state or other public powers, officials > Article 198. Right to appeal to arbitration court with an application to recognize non-normative legal acts as invalid, decisions and actions (inaction) as illegal" target="_blank">198, part 4 of Art. Section III. Proceedings in the arbitration court of first instance in cases arising from administrative and other public legal relations > Chapter 24. Consideration of cases challenging non-normative legal acts, decisions and actions (inaction) of state bodies, local self-government bodies, other bodies, organizations vested by federal law with certain state or other public powers, officials > Article 200. Trial in cases of challenging non-normative legal acts, decisions and actions (inaction) of bodies exercising public powers, officials" target="_blank">200, part 2 of Art. Section III. Proceedings in the arbitration court of first instance in cases arising from administrative and other public legal relations > Chapter 24. Consideration of cases challenging non-normative legal acts, decisions and actions (inaction) of state bodies, local government bodies, other bodies, organizations vested with separate functions by federal law state or other public powers, officials > Article 201. Arbitration court decision in the case of challenging non-normative legal acts, decisions and actions (inaction) of bodies exercising public powers, officials" target="_blank">201 of the Arbitration Procedural Code of the Russian Federation To satisfy the requirements for invalidating the decisions of bodies exercising public powers and officials, a combination of two conditions is necessary: ​​non-compliance with the law or other regulatory legal act of the disputed non-regulatory legal act, decisions and actions (inaction) and violation of the rights and legitimate interests of the applicant in the field of business and other economic activities.

By the decision of the Council of the rural settlement Mikhailovsky Village Council of the municipal district Ufimsky district of the Republic of Belarus dated March 27, 2012 No. 78, the “Regulations on the procedure for cutting down green spaces on the territory of the rural settlement Mikhailovsky Village Council of the municipal district Ufimsky district of the Republic of Bashkortostan” (hereinafter referred to as the Regulations) was approved, clause 2.1. which established that cutting down trees and shrubs for public use may be permitted in the following cases: implementation of an approved project stipulated by urban planning documentation, which has a positive conclusion from the state environmental assessment; carrying out sanitary felling and reconstruction of green spaces (dead, damaged, beyond restoration, dead, emergency (having a slope of less than 45 degrees)); restoration in accordance with the light regime standards in residential and non-residential premises, shaded by trees (from the external walls of buildings and structures: trees - 5m, bushes - 1.5m); cutting down trees and shrubs growing in security zones of utility networks and communications; implementation of the territory improvement project.

The cutting down of trees and bushes is carried out on the basis of a permit, which is issued in the form of an order from the head of the Administration of the Mikhailovsky Village Council of the Ufimsky District Municipal District of the Republic of Bashkortostan (clause 2.3 of the Regulations).

Clause 2.4. The provisions establish that the right to obtain permission to cut down land plantings is exercised by submitting an application addressed to the head of the Administration of the rural settlement Mikhailovsky Village Council of the municipal district of the Ufimsky district of the Republic of Belarus in writing, indicating the number and name of plantings, their condition, trunk diameter, and the reasons for their cutting down. The following documents are attached to the application: a diagram of the site to the nearest buildings and other landmarks with the drawing of green spaces to be cut down. The diagram must contain a visa from the head of the Administration of the rural settlement Mikhailovsky Village Council, containing a resolution on consent or refusal to cut down, certified by a seal. Also attached to the application are the title and right supporting documents for the land plot, as well as approved urban planning documentation in the event that green spaces are being cut down, creating obstacles to the construction of buildings and structures.

Clause 2.5. The regulations establish a commission procedure for recognizing green spaces as subject to felling based on the results of their on-site inspection.

Based on the results of the inspection, the commission draws up an act recognizing green spaces as subject to felling (Appendix No. 1), a transfer sheet (Appendix No. 2) and an estimate for calculating the cost of compensatory landscaping (if necessary).

In accordance with clause 2.6. of the said Regulations, upon receipt of approval for the work and the payroll (in the case of destruction of trees), the person in whose interests the green spaces are destroyed, in accordance with the Regulations, is obliged to make payments for the cutting down of green spaces in the amount of the compensation cost and compensate for the damage caused by the destruction of green spaces, compensatory landscaping.

Clause 2.7. The provisions establish that payment for felled trees and shrubs is made by the person receiving the felling permit before it is issued in the amount of the compensation cost (in accordance with the transfer sheet). The rate of payment per unit volume of forest resources and the rate of payment per unit area of ​​a forest plot are established and approved by the Council of the rural settlement Mikhailovsky Village Council of the municipal district of the Ufa District of the Republic of Bashkortostan (Resolution of the Government of the Russian Federation dated May 22, 2007 No. 310 “On payment rates per unit area of ​​a forest plot , which is in federal ownership").

From the above requirements it is clear that the basis for the emergence of the right to logging and obtaining the appropriate permit is a complex legal structure, consisting of the following legal facts that arise sequentially:

Applying to the head of the Administration of the rural settlement Mikhailovsky village council of the municipal district Ufimsky district of the Republic of Belarus to obtain a visa of the head of the Administration on the map of the felling site, containing a resolution on consent or refusal to cut down, certified by a seal (since it is impossible to obtain a visa of the head of the Administration without applying for it );

Submitting an application in accordance with clause 2.4. Regulations addressed to the head of the Administration of the rural settlement Mikhailovsky village council of the municipal district Ufimsky district of the Republic of Belarus, that is, indicating the number and name of plantings, their condition, trunk diameter, reasons for their felling and attaching a diagram of the site to the nearest buildings and other landmarks with the application of green spaces subject to felling, title and title documents confirming the land plot, as well as approved urban planning documentation in the event that green spaces are being cut down, creating obstacles during the construction of buildings and structures;

Commission inspection of green spaces subject to felling with the drawing up of an act recognizing green spaces as subject to felling (Appendix No. 1), a transfer sheet (Appendix No. 2) and an estimate for calculating the cost of compensatory landscaping in accordance with clause 2.5 of the Regulations;

Payment for felled trees and shrubs in the amount of compensation cost (according to the transfer sheet) in accordance with paragraphs. 2.7., 2.6. Provisions.

Only after this procedure has been fully implemented does the economic entity have the right to demand the issuance of a logging permit.

In the situation under consideration, the MBU "Specialized Service Plant" was unable to implement the first of the above stages (obtain a visa from the head of the Administration of the rural settlement Mikhailovsky Village Council of the Ufimsky District Municipal District of the Republic of Bashkortostan), which, as a consequence, excludes the implementation of subsequent stages of consideration of the institution’s application and issuance of permission to cutting down trees.

Contrary to the appellant’s arguments, the Administration’s letter No. 1813 dated December 11, 2015 is a refusal to issue a permit to cut down trees, since it directly states that the minutes of the meeting of the environmental commission No. 2 dated December 10, 2015 denied the institution permission to cut down trees according to its appeal, in therefore, permission to cut down trees cannot be issued. Thus, the letter clearly expresses the will of the local government aimed at refusing to issue a logging permit, and therefore the panel of judges has no reason to evaluate this letter as a document of an advisory nature.

Considering the issue of the existence of grounds for refusing to issue a permit for cutting down trees, the court of first instance came to the correct conclusion that Minutes No. 2 of the meeting of the environmental commission dated December 10, 2015 cannot be a basis for refusing to issue a permit for cutting down trees, since “Regulations on the procedure for cutting down green spaces on the territory of the rural settlement of Mikhailovsky Village Council of the municipal district of Ufimsky District of the Republic of Bashkortostan” (as amended, presented in the case materials) does not regulate the procedure for the meeting of the environmental commission and its significance for considering the issue of cutting down.

From the contents of the mentioned minutes of the meeting of the environmental commission, it is not possible to establish what the commission proceeded from when drawing the conclusion about the deterioration of the environmental situation and the impact of the issue of cutting down trees on this situation. Data from inspections by authorized bodies, statistical or scientific research etc. in this conclusion are not given or attached to it; there are also no documents in the case that would allow us to conclude that the members of the commission have the appropriate qualifications necessary to issue such conclusions.

The Administration’s argument about the applicant’s submission of an incomplete set of documents by the courts of first and appellate instances was examined and rejected, since it is clear from the case materials that the institution submitted to the Administration those documents that were specified in letter No. 1728 dated November 26, 2015 (title documents for the land plot, deed coordination of the boundaries of this land plot). The disputed letter No. 1813 dated December 11, 2015 does not contain any indication of other specific documents that should have been submitted to the institution to obtain permission to cut down. Contrary to the arguments of the appeal, the disputed letter does not contain any reference to the provision of an incomplete set of documents. Having quoted verbatim paragraphs 2.1 in this letter. and 2.4. “Regulations on the procedure for cutting down green spaces on the territory of the rural settlement of Mikhailovsky Village Council of the municipal district of Ufimsky District of the Republic of Bashkortostan”, the Administration did not draw conclusions about non-compliance with specific requirements of the Regulations; from the contents of the letter it is not clear what exact circumstance is the basis for refusing to issue a permission to cut down ( absence of grounds for felling, failure to provide a specific document, violation of the requirements for the content of the application for felling, other circumstances), in connection with which the conclusion of the court of first instance that such a refusal to cut cannot be considered motivated and justified should be accepted as correct.

The Administration’s argument that the company’s application for cutting down trees did not contain information about the number, name of plantings, their condition, trunk diameter and reasons for cutting down, the cutting down scheme does not contain a visa from the head of the Administration, is unfounded, since these circumstances were not indicated as grounds for the refusal to issue a permit to cut down trees, which is being appealed by the institution, in connection with which the Administration does not have the right to refer to them to justify its refusal to cut down trees.

Moreover, the reasons for felling are indicated in the institution’s application, and the lack of information about the number and name of plantings, their condition and trunk diameter cannot in itself be a basis for refusing to cut down, since from the analysis of paragraphs 2.4.-2.6. “Regulations on the procedure for cutting down green spaces on the territory of the rural settlement Mikhailovsky Village Council of the municipal district Ufimsky district of the Republic of Bashkortostan” it is clear that the information indicated when applying for cutting down is indicative in nature, the final information is determined by the local government body based on the results of a commission inspection of the subject deforestation of the site, during which an act is drawn up recognizing green spaces as subject to felling (Appendix No. 1), a transfer sheet (Appendix No. 2) and an estimate for calculating the cost of compensatory landscaping.

The endorsement by the head of the Administration of the diagram submitted by the company, as stated above, is the first stage of consideration of the application for a permit to cut down trees, since the applicant cannot submit to the Administration a diagram of the felling site with a visa from the head of the Administration of the rural settlement Mikhailovsky Village Council of the municipal district Ufimsky district of the Republic of Belarus before applying an application for felling with the attachment of such a diagram, in connection with which the failure of the local government body to fulfill the obligation to endorse the scheme cannot be imputed to the applicant and be an obstacle to the implementation of the tree felling procedure.

Having checked the Administration’s argument about the closure of the Yuzhnoye cemetery according to the resolution of the head of the Administration of the urban district of Ufa of the Republic of Bashkortostan dated February 14, 2011 No. 694, the panel of judges established that this cemetery is operational, in support of which the MBU “KSO” presented a number of resolutions of the Council of the urban district Ufa, Republic of Bashkortostan, including decree No. 55/2 dated December 30, 2015, according to which the Yuzhnoye cemetery is operational.

The appellant's arguments about the impossibility of cutting down trees to prepare new burial sites before receiving a positive conclusion from an environmental and sanitary-epidemiological examination in accordance with Art. 16, 17 of the Federal Law of January 12, 1996 No. 8-FZ “On burial and funeral business” and SanPiN 2.1.2882-11 “Hygienic requirements for the placement, arrangement and maintenance of cemeteries, buildings and structures for funeral purposes” (hereinafter referred to as SanPiN 2.1.2882 -11), the court of appeal examined and rejected as based on an incorrect interpretation of the norms of substantive law, since these norms of law provide for the receipt of an environmental and sanitary-epidemiological expert opinion only when creating new burial places and reconstructing existing ones. At the same time, under the burial place by virtue of Art. 4 of the said Law means plots of land allocated in accordance with ethical, sanitary and environmental requirements with cemeteries built on them for burying the bodies (remains) of the dead, walls of grief for burying urns with the ashes of the dead (ashes after burning the bodies (remains) of the dead, crematoria for betrayal bodies (remains) of those who died by fire, as well as other buildings and structures intended for the burial of the dead.

In other words, the burial place in relation to the situation under consideration means a plot of land intended for the location of a cemetery, and not for the location of a specific burial (grave), as the appellant claims.

The provisions of SanPiN 2.1.2882-11, which the Administration refers to in support of its position in the case, are applied to the placement, expansion and reconstruction of cemeteries, buildings, structures, and funeral premises, while the Yuzhnoye cemetery is not a new burial place, there is no information in the file about its expansion or reconstruction.

According to the application under consideration, MBU KSO requested permission to cut down trees and shrubs within the boundaries of an existing land plot with cadastral number 02:47:110701:229 with an area of ​​990942 sq.m., which was provided to the applicant for permanent (indefinite) use by resolution No. 2333 of 02.12 .2010, which excludes the application to the situation under consideration of the above provisions of Federal Law 12.01.1996 No. 8-FZ “On burial and funeral business” and SanPiN 2.1.2882-11. In support of this argument, the institution also presented a letter from the federal state budgetary healthcare institution “Head Center for Hygiene and Epidemiology” dated May 11, 2016 No. 52/560 “On the sanitary and epidemiological examination of the cemetery.”

Supporting the conclusion of the court of first instance that the Administration does not have the grounds for refusing to issue a permit for cutting down trees, which are indicated in its letter No. 1813 dated December 11, 2015, the appeal court considers it necessary to note that in the situation under consideration, the institution filed application No. 11-7 /180 dated November 13, 2015 on issuing a permit to cut down trees not only for the purpose of preparing new burial sites (new graves), but also in connection with the fall of overmature trees, that is, for carrying out work on sanitary cutting of emergency trees and improvement of the cemetery, which is the direct responsibility of the institution due to the functions assigned to it, the execution of which the Administration has no right to interfere with.

From the letter of the Department of Public Utilities No. 86-04-1966 dated 04/18/2016 presented by the applicant, it is clear that based on the results of the assessment of the condition of trees carried out by this department located on a land plot with cadastral number 02:47:110701:229, it was established that out of 2,358 of the trees examined, according to visual signs, 1202 trees are in good condition (51%), 206 trees are dead (8.7%), 950 trees are in unsatisfactory condition -40.3% (there are signs of trunk diseases (hollows, extensive dry humps), signs of colonization by stem pests, dry tops, which indicates that MBU “KSO” has an objective need to cut down dead trees.

From the circumstances of the case and the explanations of the persons involved in the case, it is clear that the position of the Administration of the rural settlement Mikhailovsky Village Council of the municipal district of the Ufimsky District of the Republic of Bashkortostan is aimed at preserving the existing sanitary protection zone of the cemetery and preventing the cutting down of trees adjacent to the land plot occupied by the cemetery, which belongs to the lands of the forest fund. The administration is also concerned about the location of the city cemetery in close proximity to the territory of the municipality under its jurisdiction, the seasonal flooding of the cemetery with groundwater and spring waters, and the associated threat to the sanitary and epidemiological safety of the population of the Mikhailovsky Village Council.

At the same time, from the written and oral explanations of the MBU KSR it follows that the tree and shrub vegetation, the cutting down of which is in question, is not specially planted plantings with a specific functional purpose for landscaping the territory of a rural settlement, and does not have any purpose at all, including sanitary -protective, but appeared as a result of the spontaneous growth of plants from seeds on the territory allocated to the cemetery, and the lack of permission to cut down such vegetation prevents work on the development of the existing territory and improvement of the cemetery.

Assessing these arguments of the persons participating in the case, the panel of judges notes that the dispute about the boundaries and area of ​​the land plot occupied by the cemetery, the legality of including forest fund lands in its territory when forming a land plot for locating a cemetery before it is provided to the applicant on a permanent (indefinite) basis use, the existence of claims of other persons to the land plot allocated for the cemetery, as well as compliance with sanitary and epidemiological requirements when allocating the land plot for the cemetery cannot be resolved when considering a case challenging the refusal to cut down trees within the boundaries of the land plot allocated to the applicant in accordance with Chapter 24 of the Arbitration Procedural Code of the Russian Federation. These circumstances are not included in the subject of the present dispute, and therefore the arguments and objections of the persons involved in the case regarding the establishment of the boundaries of the land plot and the determination of the procedure for its formation, as well as references to the relevant evidence, are rejected by the court of appeal as not relevant to the subject of the present dispute.

Regarding the appellant’s argument that cutting down trees according to the scheme attached to the application may affect forest fund lands, the appellate court notes that the institution obviously does not have the right to cut down trees and shrubs on a neighboring land plot that belongs to forest fund lands and is not allocated to it, in in connection with paragraphs 2.5., 2.6. The provisions on felling provide for the control functions of the local government body for the commission inspection of green spaces subject to cutting and recognizing them as subject to cutting, as well as determining the amount of payment for cutting down green spaces (if there are grounds for making such payments).

As part of the exercise of its powers established by the above paragraphs of the Regulations, the Administration is obliged to consider the applicant’s requirements in relation to each of his stated goals, inspect the vegetation indicated on the diagram attached to the application, and determine which of the trees indicated on the applicant’s diagram are green plantings, and some are not such, but grew spontaneously; on what plot of land these plants grow; for what purpose is the tree and shrub vegetation growing on the land plot provided to the applicant for the location of the cemetery intended; what is her condition at the time of examination. Based on the results of the inspection by the Administration commission in the manner prescribed by clause 2.5. Regulations, it is necessary to determine which green spaces are subject to felling, draw up a corresponding act (according to Appendix No. 1), a transfer sheet (according to Appendix No. 2) and calculate the cost of compensatory landscaping (if necessary).

Proper implementation of this procedure by the Administration, on the one hand, fully eliminates the cutting down of green spaces land plots, not belonging to the applicant, including the forest protection zone of the cemetery (if any), and on the other hand, allows for the fulfillment of the duties of the MBU KSO for the implementation of its statutory activities of burying the bodies and ashes of the deceased (dead) in the territory allocated for these purposes and carrying out work on sanitary felling of fallen overmature trees and improvement of the cemetery.

The refusal to issue a permit to the MBU KSO to cut down trees and shrubs violates its rights and legitimate interests, since it prevents the development of the existing territory and the improvement of the cemetery.

Taking into account the above, the panel of judges recognizes as justified the conclusion of the court of first instance that there are no grounds specified in the letter of the Administration No. 1813 dated December 11, 2015 for refusing to obtain permission to cut down trees in the eastern part of the Yuzhnoye cemetery on a land plot with cadastral number 02:47: 110701:229, but at the same time comes to the conclusion that the court incorrectly determined the method of restoring the violated right of the applicant.

From the above provisions of paragraphs 2.4.,2.5.,2.6.,2.7. “Regulations on the procedure for cutting down green spaces on the territory of the rural settlement Mikhailovsky Village Council of the Municipal District Ufimsky District of the Republic of Bashkortostan”, approved by the decision of the Mikhailovsky Village Council of the Municipal District Ufimsky District No. 78 dated March 27, 2012, it follows that a permit for cutting down trees can be issued only based on the results of implementation the entire procedure for a commission inspection of trees to be cut down, drawing up a corresponding act, a transfer sheet, determining the cost of compensatory landscaping (if necessary) and its payment. As part of this procedure, the grounds and purposes of felling are established, the trees to be cut down, their location, condition and purpose are determined, and the issue of compensation for the compensation cost of landscaping is decided.

The applicant’s demands for the restoration of the violated right by issuing a permit to cut down trees in the eastern part of the Yuzhnoye cemetery, located on a land plot with cadastral number 02:47:110701:229, according to the layout scheme proposed by the company, only on the basis of an application from the MBU KSO until full implementation The above procedure for recognizing trees and shrubs as subject to felling are premature, since the issuance of a cutting permit is a consequence of the Administration’s implementation of the above-described step-by-step procedure for inspecting trees declared for cutting and identifying specific trees to be cut down.

The method used by the court in this case to restore the violated right can lead to the cutting down of trees and shrubs arbitrarily, regardless of their condition, purpose, location and without paying the cost of compensatory landscaping (if there are grounds for paying it), which directly contradicts paragraphs 2.5., 2.6 .,2.7. of the above-mentioned Regulations.

Consequently, when resolving the issue of restoring the violated right, the court of first instance did not have the right to replace the local government body in resolving the issue of determining the grounds and area of ​​felling, specific trees and shrubs to be felled, and impose on the Administration the obligation to issue a permit for cutting trees in the eastern parts of the Yuzhnoye cemetery, located on a land plot with cadastral number 02:47:110701:229, according to the scheme of their location proposed by the company, without implementing the above procedure for determining the green spaces to be cut down, drawing up an inspection report, a transfer sheet, calculating and paying the cost compensatory landscaping.

In this regard, the panel of judges comes to the conclusion that there are grounds for changing the decision of the court of first instance in terms of determining the method of restoring the violated right and considers it necessary to oblige the Administration to eliminate the violation of the rights and legitimate interests of the applicant through the implementation of the established “Regulations on the procedure for cutting down green spaces on the territory of a rural settlement Mikhailovsky village council of the municipal district Ufimsky district of the Republic of Bashkortostan", approved by the decision of the Mikhailovsky village council of the municipal district Ufimsky district No. 78 dated March 27, 2012, procedures for obtaining permission to cut down green spaces in the eastern part of the Yuzhnoye cemetery on a land plot with cadastral number 02:47:110701 :229.

Accordingly, the decision of the court of first instance in terms of determining the method of restoring the violated right is subject to change on the basis of clause 3 of part 1 of Art. Arbitration Procedural Code of the Russian Federation on the grounds of discrepancy between the conclusions set out in the decision and the circumstances of the case.

Violations of procedural law, which are an absolute basis for the cancellation of a judicial act on the basis of Part 4 of Art. The Arbitration Procedural Code of the Russian Federation has not been established.

The appellant (local government body) is exempt from paying the state fee, and therefore the issue of distribution of expenses for paying the state fee for its consideration is not considered by the court of appeal.

Guided by the articles of the Arbitration Procedural Code of the Russian Federation, the arbitration court of appeal

DECIDED:

the decision of the Arbitration Court of the Republic of Bashkortostan dated May 20, 2016 in case No. A07-1089/2016 is amended, stating the operative part of the decision as follows:

“Recognize the refusal of the Administration of the rural settlement Mikhailovsky Village Council of the municipal district of Ufimsky District of the Republic of Bashkortostan, expressed in letter No. 1813 dated December 11, 2015, to obtain permission to cut down trees in the eastern part of the Yuzhnoye cemetery on a land plot with cadastral number 02:47:110701:229 illegal.

Oblige the Administration of the rural settlement Mikhailovsky Village Council of the Municipal District of the Ufimsky District of the Republic of Bashkortostan to eliminate the violation of the rights and legitimate interests of the applicant by implementing the established “Regulations on the procedure for cutting down green spaces on the territory of the rural settlement Mikhailovsky Village Council of the Municipal District of the Ufimsky District of the Republic of Bashkortostan”, approved by the decision of the Mikhailovsky Village Council of the Municipal District Ufa district No. 78 dated March 27, 2012, procedures for obtaining permission to cut down green spaces in the eastern part of the Yuzhnoye cemetery on a land plot with cadastral number 02:47:110701:229.

To recover from the Administration of the rural settlement Mikhailovsky Village Council of the municipal district of Ufa District of the Republic of Bashkortostan (TIN 0245001763, OGRN 1020201299667) in favor of the municipal budgetary institution Specialized Service Plant of the Urban District of Ufa of the Republic of Bashkortostan (TIN 0274150791, OGRN 110028003 4744) legal costs for payment of state duty in the amount of 3,000 rubles.

The writ of execution shall be issued after the decision enters into legal force.”

The resolution can be appealed in cassation proceedings to the Arbitration Court of the Ural District within two months from the date of its adoption (production in full) through the arbitration court of first instance.

Presiding judge I.A. Malysheva

Judges N.A. Ivanova

A.P. Skobelkin

Court:

18 AAC (Eighteenth Arbitration Court of Appeal)

Plaintiffs:

MBU Specialized Service Plant of the Urban District of Ufa

Defendants:

Administration of the rural settlement Mikhailovsky village council of the municipal district Ufimsky district of the Republic of Bashkortostan (TIN: 0245001763 OGRN: 1020201299667)

Sometimes trees in urban or rural areas begin to disturb residents. This happens if heavily overgrown plantings block sunlight and the degree of illumination of individual places becomes unsatisfactory. In addition, after strong hurricanes and snowfalls, some trees begin to tilt, and there is a danger of them falling onto passers-by, cars, buildings, and power lines. In other cases, trees interfere with the reconstruction of buildings or landscaping of the territory. One way or another, to cut down such trees you must obtain a special permit - a felling ticket. For information on how to obtain this document in the Moscow region and in what cases you do not need to pay compensation for cutting down trees, read the material on the portal website.

Who can obtain a logging permit?

Source: Photobank of the Moscow region, Vladimir Lebedev A felling ticket is issued to individual entrepreneurs, as well as legal entities and individuals. At the same time, they must have the right to use real estate located in the Moscow region. Permission to cut down can be granted to persons authorized on behalf of the property owner to enter into contracts for the reconstruction and construction of objects, as well as for carrying out excavation and improvement work.

Types of jobs


Source: Photobank of the Moscow region, Vladimir Lebedev Permission to cut down trees can be obtained for the following types of work:

• restoration of utility networks and structures after an accident;
• implementation of the project provided for in urban planning documentation;
• reconstruction of green spaces;
• restoration of the standard light regime in residential and non-residential premises shaded by trees;
• sanitary fellings(including the removal of damaged trees and shrubs); restoration of landscaping objects (parks, boulevards, public gardens, streets, courtyard areas);
• major and current repairs of utilities;
• dismantling of buildings;
• carrying out engineering and geological surveys;
• installation of objects that are not capital construction projects.

How to get a logging ticket


Source: Since January 2018, the service for issuing a logging ticket in the Moscow region has become available in electronic form from government and municipal services. At the same time, the time to obtain a permit was halved - from 30 to 17 working days. If we are talking about emergency restoration work, then a logging ticket is issued within three working days.

To obtain a permit, you must collect the following documents:

• application for permission to cut down green spaces. In him entity or an individual entrepreneur indicates the name of the organization, INN, OGRN/OGRNIP, full name of the manager, and the applicant - an individual - full name, SNILS. Also, the text of the application must include the address of the work, indicating the subject of the Russian Federation, city district or construction address, cadastral number of the land plot on which the work will be carried out;
• applicant's passport details;
• accounting sheet, where the territory of work is indicated and compiled full list trees and shrubs to be cut down;
• dendroplan (a drawing on which the contours of all green spaces are drawn).

Depending on the type of work, the following documents must be attached to the application:

• building permit;
• territory planning project;
• a warrant for the right to carry out excavation work (it can also be obtained in the Moscow region);
• permission to place the object;
• design documentation;
• the owner’s administrative document for the demolition of the building or the liquidation of utility networks;
• order from supervisory authorities regarding violation natural light in residential or non-residential premises.

Permission to cut down green spaces can be obtained as follows: personal account on the public services portal and in the MFC. In the latter case, a copy of the electronic document is certified by the signature of an authorized specialist with the MFC seal affixed.

Payment of compensation for cutting down green spaces




Planting green spaces within cities and towns, in suburban areas, and in forests is subject to strict control by the Department of Environmental Management (DPiOOS). If it is necessary to carry out work related to cutting down, replanting, compensatory restoration, crowning, the issue of obtaining a permit becomes relevant. Any actions within departmental territories without its presence are classified as unlawful.

The preservation of green spaces is of particular importance for the environment during construction, since uncontrolled destruction causes irreparable harm. Promterra company provides services for conducting dendrological surveys and issuing permits for cutting down green spaces for construction, replanting work on a land plot or within forestry. Geography of work on engineering dendrology throughout Russia, including Moscow and the Moscow region

Permission to cut down green spaces during construction

Urban planning activities on a land plot involve resolving the issue of trees and shrubs growing on it. According to established standards, it is necessary to obtain a positive decision from the state examination. To do this, a compiled dendrological plan, combined with a general construction plan (1:500), is sent to the Department of Natural Resources. Subsequent registration of a felling ticket in this case is not required.





The regulations provide for mandatory notification of city executive authorities about the intentional cutting down of trees and shrubs 10 days in advance. The contractor has the right to carry out work on the basis of obtaining a construction permit. Required condition– making an official payment for the compensation cost for causing harm. The full cost can be found in the Department of Environmental Protection.

A permit for cutting down trees in Moscow in the form of a felling ticket may be required if the construction project was examined by a non-governmental organization or a government agency that is under the authority of the federal executive body. This applies to the construction and reconstruction of facilities.

Basics of legal cutting down of trees and shrubs

Land owners must know the legal basis of their rights to replant and cut down green spaces.









Permission is required in a number of the following cases:

• the land plot is leased;
• no ownership rights to the site;
• the trees are located on federal or municipal territory;
• The site is located within the boundaries of a specially protected natural area.

If the rights to a land plot are established, this can be confirmed by relevant documents, then the bushes and trees are the property of the owner. He has the right to take any action he needs. In this case, you do not need to obtain permission to cut down green spaces.

Sanitary felling and its features

In the process of dendrological studies of the area, a decision may be made to carry out sanitary felling of emergency trees, windfalls and replanting of other categories of trees. In this case, issuing a logging ticket is mandatory. A permit to cut down dead wood must also be issued. Destroying dead trees for individual purposes and as raw materials for firewood is prohibited by law.

Document preparation

There is an established procedure for issuing permission to cut down green spaces, regardless of species. You can familiarize yourself with the detailed instructions in the Moscow Government Decree of September 10, 2002 N 743-PP “On approval of the Rules for the creation, maintenance and protection of green spaces in the city of Moscow.”

According to the norms, it is necessary to prepare a package of documents:

• application in the prescribed format;
• dendrological plan and balance sheet;
• an expert report on the condition of green spaces;
• certificate of ownership of the land plot;
• agreement with contractors on logging work.

Obtaining permission to cut down trees and shrubs depends on the area, the importance of the plantings and the scale of their growth. This could be the Department of Natural Resources Management in Moscow, Gosnadzor, departments of state administrations, environmental services or special committees for nature protection.








A document for logging work may not be received. The reason must be clearly stated. Permits for cutting down trees and shrubs are issued within 30 days from the date of application.

Tree replanting and compensation payments

Crowning, replanting, pruning green spaces are carried out with permission and a justified reason for such actions. You can obtain permission from the Department of Environmental Protection or other government agencies. It indicates the address of the work, the number of transplanted specimens, and the validity period of the document.

If you need to obtain permission to cut down forests for business or personal purposes (harvesting firewood or renovating a house after natural disaster), the procedure for considering the issue is similar. You must obtain a felling ticket. In some cases, when clearing forest land, compensatory planting of new seedlings is a mandatory requirement. This is a good and necessary practice for restoring the green fund, but it is not applied everywhere.

Registration of permits and logging tickets for different types green spaces is one of the activities Promterra companies. Competent assistance in conducting dendrological research, drawing up a dendroplan and a package of initial documents for submission for examination in accordance with the legislative requirements of the Russian Federation.

Download documentation and templates for engineering dendrology

• Power of attorney to receive a felling ticket

• Power of attorney for handing over a felling ticket

Trees are perennial plants that play one of the most important roles in shaping the ecological situation. They produce oxygen, absorb carbon monoxide and form microflora in the upper layers of the soil. Forest belts also serve as a home for most wild animals, so the conservation of these plantings is one of the most important tasks for conservation authorities environment. In remote areas (forests) there are regulations for cutting down trees - in most cases specialized organizations receive permission to destroy only certain trees that, based on a survey, have been determined to be the least important and useful.

Cutting down trees on the territory of nature reserves and other environmental protection zones is practically prohibited, with the only exception being sanitary cutting of dead wood and diseased plantings. The situation is similar in large cities, where destruction of plantings is allowed only with special permission. In Moscow, such a document is called a logging ticket; it can be obtained from the Department of Natural Resources and Environmental Protection.

Types of logging tickets

Today, to obtain this permit, you do not need to make an appointment and wait in line to receive it. To submit information, there is a specialized information portal (the “services” section on the website of the mayor of Moscow), where all data is entered electronically.

This significantly reduces the time required to obtain a logging ticket, since from the moment of submitting an application for the provision of a public service, the Department of Natural Resources and Environmental Protection has only 28 days to issue a permit or refuse to provide such a service (for justified reasons).

The document itself can be obtained on paper or digital media - both have legal force, since each felling ticket is filled out on a strict reporting form and has its own unique number.

Before you start preparing the initial data for submitting an application, you need to study the issue more carefully and determine for what purposes the final document is being drawn up - the whole point is that there are several types of logging permits.

Issued when necessary remove diseased, dying or damaged trees. Such plantings pose a threat to power lines and other utility networks, passers-by, buildings and vehicles. They can also adversely affect other vegetation growing in the area.



A felling ticket for sanitary felling and reconstruction of green spaces is issued when it is necessary to remove diseased and drying trees

Reconstruction of green spaces is a complex set of measures, which involves a radical change in the configuration of the green fund on the site. The need for such work usually arises due to the fact that existing landscaping loses its functional purpose. For example, old trees and shrubs lose their attractive appearance, and when underdevelopment The planting of the deciduous system does not provide sufficient absorption of harmful substances and production of oxygen. Reconstruction can be carried out either on the entire landscaping area or on part of it - in any case, this complex of work may be accompanied by the cutting down of trees.



In this case, there are 2 subtypes of permits - the first is issued in the case when a capital project is being constructed requiring a building permit. But this applies only to objects that are not subject to state construction supervision (otherwise a positive expert opinion issued by the authorized government agency of the city of Moscow, in itself is grounds for the destruction of any plantings).

If a building permit is not required, then a different type of logging ticket is issued. The same document is required in cases where tree cutting is carried out during the following work:

• Construction, repair, reconstruction and modernization of engineering networks and communications.
• Engineering surveys – geological, geodetic, mineral exploration, etc.
• Major renovation of buildings. In this case, the overhaul project may involve an expansion or other change in the configuration of the site, with
• where there is a need to remove trees.
• Installation of non-permanent buildings - temporary camps, kiosks, container-type buildings and others.
• Demolition of buildings and elimination of other artificial structures.
• Restoring the light regime in nearby buildings (residential and non-residential).
• Landscaping of territories and cutting down trees that cause damage to buildings and structures.

In addition to the felling ticket, dead wood, emergency and fallen trees can be removed on the basis of an order issued by the Department of Natural Resources Management and Environmental Protection of the city of Moscow. This document is issued within five days from the date of application.